Terms and Conditions of Use for Seaspanltd.ca, Seaspanshipmanagement.com and Associated Web Sites



Please read these Terms of Use carefully before using this Web Site. By accessing or using the Web Site, you are showing that you accept these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Web Site. Seaspan Ship Management Ltd. reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Please check from time to time for any changes, since your continued use of this site indicates your continuing agreement to be bound by such modifications, alterations or updates.

BY CONTINUING TO ACCESS OR USE THE WEBSITES, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:


1. PERMITTED AND PROHIBITED USES
i. Seaspan Ship Management Ltd. grants you, subject to these terms and conditions, a non-transferable and non-exclusive license to access, read and download one copy of the Websites content for the limited purpose of accessing, viewing and using the Websites through internet browser software.
ii. You shall not violate or attempt to violate the security of the Web Site, including, without limitation: (a) sending to other users, employers or other e-mail users unsolicited e-mail, spam, promotions and/or advertising of products or services; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) submitting a virus to the Web Site, overloading, "flooding", "mailbombing" or "crashing". Seaspan Ship Management Ltd. will take all necessary steps to investigate any occurrences that may involve such violations and may co-operate with law enforcement authorities in prosecuting such violating users.
iii. You shall not engage in conduct which, in the sole discretion of Seaspan Ship Management Ltd., restricts or inhibits any other user, whether a user of the services or a user of any other system, from using and enjoying the Web Site and Services available on the Web Site, or other system, from using and enjoying the Services. This includes, but is not limited to, the posting or transmitting on or through any of the Services of any information that is, in the sole discretion of Seaspan Ship Management Ltd., unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law

2. SUBMISSIONS BY USERS
Users of Websites agree that any material, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by Users in the form of email or submissions to Seaspan Ship Management Ltd. or postings on the Websites, are non-confidential and are the sole property of Seaspan Ship Management Ltd. along with any intellectual property rights associated therewith. Seaspan Ship Management Ltd. shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you, and you hereby waive all right, including moral rights, associated with such materials.

3. DISCLAIMER
The content and materials on the Websites are provided on an "as is" basis and without warranty, representation or condition of any kind, either express or implied including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Seaspan Ship Management Ltd. does not represent or warrant that content or materials available on the Websites are accurate, complete, reliable, current or error-free. Seaspan Ship Management Ltd. does not represent or warrant that the Websites or its server(s) are free of viruses or other harmful components or that the Websites will be available or accessible at any given time.

4. LIMITATION OF LIABILITY
Seaspan Ship Management Ltd. shall not be liable for any direct, special, indirect or consequential damages or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with your use or access of the Websites or the content or materials contained in or accessed through the Websites.

5. INDEMNITY
As a User, you agree to indemnify, defend, and hold harmless Seaspan Ship Management Ltd., its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees and expenses for any information or content you provide on or through the Websites or any use or misuse of the contents or materials on the Websites including, without limitation infringement claims.

6. COPYRIGHT AND TRADEMARKS
All software, content and materials on the Websites including without limitation, programming to create web pages, text, logos, graphics, illustrations, audio clips, and video clips and any other media, are protected by copyright law and are owned and controlled by Seaspan Ship Management Ltd. or by other parties that have licensed their material to Seaspan Ship Management Ltd. Content and material from the Websites or from any other Website owned, operated, licensed or controlled by Seaspan Ship Management Ltd. may not be copied, reproduced, republished, uploaded, posted, transmitted, modified or distributed in any way without the express prior written permission of Seaspan Ship Management Ltd. Other product and company names and logos appearing on the Websites may be registered or unregistered trade-marks of their respective owners. Nothing in these terms and conditions shall be construed as granting you a license to use the trade-mark or trade names displayed on the Websites, and as such, any use of such trade-marks or trade names is strictly prohibited unless otherwise stated.

7. PRIVACY OF PERSONAL INFORMATION
Seaspan Ship Management Ltd. collects, uses and discloses your personal information in accordance with Seaspan Ship Management Ltd.’s privacy policy. By accepting these terms and conditions, and each time you use or access the Websites, you agree to the privacy policy terms and conditions as they then read.


8. TERMINATION
Notwithstanding any of these terms and conditions, Seaspan Ship Management Ltd. reserves the right, without notice and in its sole discretion, to terminate use the Websites, and to block, prevent or suspend further access to and use of the Websites if you breach or have breached any of these terms and conditions. Notwithstanding such termination, your prior use of the Websites continues to be governed by these terms and conditions and the terms and conditions of the privacy policy. Sections 2, 4, 5, 6, 7, 8, 9 survive indefinitely after the termination of these terms and conditions.

The terms and conditions described in this document are governed by and construed in accordance with the laws of British Columbia, Canada.

Seaspan Ship Management Ltd. reserves the right to make changes and corrections to the terms and conditions for use of the Websites at any time, without notice.

9. GENERAL RULES
i. Communications between human resources or crewing and potential employees, and any concerns arising from these communications are the sole responsibility of Users of the Websites.

ii. Removing or altering any material posted by other users on this site is strictly prohibited. Modifying, copying, distributing, transmitting, reproducing, publishing, selling, transferring or licensing information on the Websites is prohibited.

iii. For your convenience, links to other Websites or resources not associated with the Websites are provided. Links to such Websites is not an endorsement of the linked site. If you decide to access linked third-party Websites, you do so at your own risk.

iv. These terms and conditions, including any changes made to the terms and conditions from time to time, constitute the entire agreement between you and Seaspan Ship Management Ltd. relating to your use of the Websites, and supersedes all previous agreements, written, oral or otherwise, between you and Seaspan Ship Management Ltd. with respect to your use of the Website.

v. If any provision of these terms and conditions are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

vi. These terms and conditions ensure to the benefit of and are binding upon each of Seaspan Ship Management Ltd. and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign your rights and obligations under these terms and conditions without the express prior written consent of Seaspan Ship Management Ltd. which may be withheld in Seaspan Ship Management Ltd. sole discretion. Seaspan Ship Management Ltd. may assign its rights and obligations without your consent.

No consent or waiver by either party to or of any breach or default by the other party in its performance of these terms and conditions will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.