By creating a Safe Waters account or by using the Safe Waters app whether through a mobile
device, mobile application (collectively, the “Service”) you agree to be bound by these Terms of
Use between you, a User, and Safe Waters .(“Safe Waters”, “Company”, or “Us”) under which
you may use this platform and the associated services offered through this app or application
(together the “Service” or the “Services”). Please read this Agreement carefully before you start
to use the Services. BY CLICKING “I ACCEPT,” OR BY USING THE SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY
THIS AGREEMENT. If you are not eligible, or do not agree to this Agreement, then you do not
have our permission to use the Service. If you do not accept and agree to be bound by all of the
terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Services from time to time. We may do this
for a variety of reasons including to reflect changes in or requirements of the law, new features,
or changes in business practices. The most recent version of this Agreement will be posted on
the Platform, and you should regularly check for the most recent version. The most recent
version is the version that applies. If the changes include material changes that affect your
rights or obligations, we will notify you in advance of the changes by reasonable means, which
could include notification through the Services or via email. If you continue to use the Services
after the changes become effective, then you agree to the revised Agreement.
This Agreement provides that all disputes between you and Safe Waters App will be resolved by
BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to
assert or defend your rights under this contract, except for matters that may be taken to small
claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or
jury, and your claims cannot be brought as a class action. Please review Section 21 (“Dispute
Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes
with Safe Waters App.
If you have any questions about our privacy practices, please refer to the end of this Privacy
Policy for information on how to contact us.
The following key points of the Terms are highlighted here for your convenience only. These key
points are not made in lieu of the full Terms and their presence in this section does not mean
that they are intended to supersede or override any other terms or conditions provided by Safe
Electronic Agreement. This Agreement is a binding agreement between you and the Company.
You accept this Agreement each time you access the Service. If you do not accept this
Agreement, then do not use the Service. This Agreement may be modified by Us from time to
time, such modifications to be effective upon posting by Us on the Service; provided that we will
endeavor to give you prior notice of any material modifications. Notwithstanding the foregoing,
no revisions to this Agreement will apply to any dispute between you and us that arose prior to
the date of such revision. By accessing the Service, you accept this Agreement and agree to all
of the terms, conditions and notices contained or referenced herein.
You acknowledge and agree that Users of Safe Waters App may be part of an online
community that includes other apps owned by the Company or its affiliates (“Affiliate apps”).
Therefore, with your consent, we may use your profile on the apps to populate registration and
profile information on the Affiliate apps. By using the Service, you consent to receiving
electronic communications initiated from Us regarding your account, security, privacy, and
administrative issues. If we learn of a security system’s breach, then we may attempt to notify
you electronically by posting a notice on the Platform or sending an email to you. You may have
a legal right to receive this notice in writing. To receive free written notice of a security breach
(or to withdraw your consent from receiving electronic notice), please write to us at
You may use the Service solely for private and personal purposes. You may not use the Service
commercially. For example, you may not: (i) offer to third parties a service of your own that uses
the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service
to the public via communication or integrate it within a service of your own, without the prior
written consent of Safe Waters APP. For clarity, the examples listed are made for illustrative
purposes only; they do not constitute an exhaustive list of restricted activities involving the
WHAT IS THE SERVICE:
The Service allows watercraft drivers and users to assemble and update the map to reflect
water conditions and occurrences on them, such as water accidents, police water blocks,
shallow areas, debris, hazardous weather, etc. The Service is provided mainly through the Safe
POLICY WHEN USING THE SERVICE:
A. Water information prevails: The information provided by the Service is not intended to
replace the information provided on the water, such as travel direction, time based
restrictions, lane restrictions, water blockades, docks, rocks, sand bars, boats, traffic
signs, traffic lights, police instructions, etc.
B. Cautious driving: Always drive vigilantly according to water conditions and in accordance
with traffic laws. It is strictly forbidden to send traffic updates (such as updates on water
accidents and traffic congestion), or to non-verbally interact with the Service or use the
Service in a non-verbal manner for any purpose other than navigation while driving.
Traffic updates or non-verbal reports you want to submit to the Service may only be sent
after you have stopped your watercraft in an appropriate location permitted by law.
Alternatively, such updates may be sent by a passenger other than the driver, provided it
does not interfere with the due course of driving and does not distract the driver’s
attention to the water.
C. Non-continuous updates: The information provided by the Service originates from other
users of the Service. Such information is intrinsically fluctuant and may be inaccurate,
incomplete or outdated. Safe Waters APP does not provide any warranties to such
information credibility or reliability.
D. Location-based Service: Some features of the Service make use of detailed location and
route information, for example in the form of GPS signals and other information sent by
your mobile device on which the Safe Waters APP application is installed and activated.
These features cannot be provided without utilizing this technology.
E. Safe Waters APP uses your location and route information to create a detailed
route history of all of your past information made when using the Service. Safe
Waters APP uses this history to offer the Service to you, to improve the quality of
the Service it offers to you and to all of its users, to improve the accuracy of its
mapping and navigation data, please enable location sharing. Your driving history
is associated with your account and username.
F. In order to access certain features of the Service (for example making reports,
getting reports by other users, etc) you will need to set up an account.
G. Advertisements: Third party advertisements may appear on the Service from time to time.
Safe Waters APP does not endorse these advertisements, and the advertisements are not
intended to be, nor should they be, viewed by drivers unless and until their water craft has come
to a complete stop.
H. The Internet connection required to use the Service, and any associated charges (e.g.
mobile data expenses) incurred by your use of the Service are your exclusive responsibility and
made solely at your expense: Transmitting and receiving real-time updates to,. and from the
Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the
Internet. The expenses of such connection are as prescribed by the agreement between you
and your communication service provider (such as your cellular company), and according to its
applicable terms of payment.
I. Free Software: The Service utilizes Software for map displays, updates and water
information. With respect to some cellular telephone devices running the Software, the
Software is a free-software. In such cases you may redistribute the Software or modify it
in accordance with the GNU General.
II. Public License: The Service, its database, Safe Waters APP’s trademarks, the design of
the maps of the Service and the report types or designs or any api integrated in the
Software – all are not free-software.
III. Your age: The Service is intended for use by users who are of the legal age required to
hold a driving license. In any case, to use our Service you must be 16 years of age or
older. If you are under 16, you may not download or use the Service. Accounts of users
under the age of 16 years will be cancelled and deleted by Safe Waters APP, upon
IV. Privacy: Your privacy is important to us. While using the Service, personal information
may be provided by You and collected by Safe Waters APP as detailed in our Privacy
to the use of your personal information and we ask that you read such the terms. By
accepting these Terms, you hereby acknowledge and agree to the collection, storage
and use of your personal information by Safe Waters APP, subject to this section, the
You must be at least 16 years of age to create an account on Safe Waters and use the Service.
By creating an account and using the Service, you represent and warrant that:
● you can form a binding contract with Safe Waters
● you are not a person who is barred from using the Service under the laws of the United
States or any other applicable jurisdiction–meaning that you do not appear on the U.S.
Treasury Department’s list of Specially Designated Nationals or face any other similar
● you will comply with this Agreement and all applicable local, state, national and
international laws, rules and regulations pertaining to the platform which also includes
safe water rules.
● you have never been convicted of a felony and that you are not required to register as a
sex offender with any state, federal or local sex offender registry
Membership on the Platform is void where prohibited by law. By using the Service, you
represent and warrant that you have the right, authority and capacity to enter into this
Agreement and to abide by all of the terms and conditions of this Agreement. If you become a
Member, you represent and warrant that you have never been convicted of a felony and that
you are not required to register as a sex offender with any government entity. If any such
representations or warranties turn out to be false or misleading in any way, your membership
will be terminated immediately.
3. YOUR ACCOUNT.
Accounts. You must create an account using your email. As a User, you will have the ability to
participate in the features and services available within the Service. If you register with the
Platform and create a profile, then you are a “Member/User.”
You are responsible for maintaining the confidentiality of your login credentials you use to sign
up for Safe Waters, and you are solely responsible for all activities that occur under those
credentials. If you think someone has gained access to your account, please immediately
When registering, you are prohibited from selecting or using as a username: (i) a name of
another person with the intent to impersonate that person; (ii) a name that is subject to any
rights of a person other than you without appropriate authorization; or (iii) a name that is
otherwise offensive, vulgar, or obscene. You represent and warrant that the information you
provide to us upon registration and at all other times will be true, accurate, current, and
complete. We reserve the right to reject any username or to terminate your username and give
such username to another User of the Platform in our sole discretion, and without any liability to
you. You also represent and warrant that you will ensure that this information is kept accurate
and up-to-date at all times.
4. TERM OF SERVICE.
This Agreement will remain in full force and effect while you use the Service. You may terminate
your account at any time, for any reason, by contacting our Support Team online. We may
cancel or suspend your use of our Services at any time, without cause and without notice. We
are not required, and may be prohibited, from disclosing a reason for the termination of your
account. After your membership is terminated, all terms that by their nature may survive
termination of this Agreement shall be deemed to survive such termination. We reserve the right
to take further action for our loss or the potential loss of other Users or third parties when
necessary due to your breach of this Agreement, in our sole discretion.
You may terminate your account at any time, for any reason. Safe Waters may terminate your
account at any time without notice if it believes that you have violated this Agreement.
5. NON-COMMERCIAL USE BY USERS.
The app is for personal use only and may not be used in connection with any commercial
endeavors. Organizations, companies, and/or businesses may not use the Platform for any
purpose. For those users that want to use Safe Waters for Business use, please contact us at
There are certain types of conduct that are strictly prohibited on the Service. Please read the
following restrictions. Your failure to comply with the provisions set forth below may result (at
Safe Waters APP’s sole discretion) in the termination of your access to the Service and may
also expose you to civil and/or criminal liability.
I. Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion
of the content included in the Service and/or Site, or in any way or publicly display,
perform, or distribute them;
II. make any use of the Content on any other website or networked computer environment
for any purpose, or replicate or copy the Content without Safe Waters APP’s prior written
III. create a browser or border environment around the Content (e.g. no frames or inline
IV. interfere with or violate any third party or other user’s right to privacy or other rights,
including copyrights and any other intellectual property rights of others, or harvest or
collect personal information about visitors or users of the Service and/or Site without
their express consent, including using any robot, spider, site search or retrieval
application, or other manual or automatic device or process to retrieve, index, or
V. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others,
including others’ copyrights, and other intellectual property rights;
VI. transmit or otherwise make available in connection with the Service and/or Site any
virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code,
file, or program that may or is intended to damage or hijack the operation of any
hardware, software, or telecommunications equipment, or any other actually or
potentially harmful, disruptive, or invasive code or component;
VII. interfere with or disrupt the operation of the Service and/or Site, or the servers or
networks that host the Service and/or Site or make the Service and/or Site available, or
disobey any requirements, procedures, policies, or regulations of such servers or
VIII. sell, license, or exploit for any commercial purposes any use of or access to the Content
and/or the Service and/or Site;
IX. frame or mirror any part of the Service and/or Site without Safe Waters APP’s prior
express written authorization;
X. create a database by systematically downloading and storing all or any of the Content
from the Service and/or Site;
XI. forward any data generated from the Service and/or Site without the prior written consent
of Safe Waters APP;
XII. transfer or assign your Service accounts’ password, even temporarily, to a third party;
XIII. use the Service and/or Site for any illegal, immoral or unauthorized purpose;
XIV. use the Site, the Service, or the Content for non-personal or commercial purposes
without Safe Waters APP’s express prior written consent; or
XV. infringe or violate any of these Terms.
6. TERMINATION FOR USE OF SERVICE.
You may terminate your use of the Service at any time and for whatever reason. We ask that
you contact Safe Waters APP of such termination at firstname.lastname@example.org . If you would
also like for Safe Waters APP to delete your Safe Waters APP account and your personal
information contained in the account, please contact us at email@example.com. Upon
receiving such a request, Safe Waters APP will use reasonable efforts to delete such
information, however please note that information may not be deleted immediately from our
Safe Waters APP retains the right to block your access to the Service and discontinue your use
of the Service, at any time and for any reason Safe Waters APP deems appropriate, at its sole
and absolute discretion.
7. USER CONTENT.
The Service allows all users of the Software to submit and post information and content to other
users (“Content”). Content is separate from third party sponsored advertisements that may
appear on the Service. Content can include, for example, map reports and water updates, water
accidents, etc. You assume sole responsibility for any Content you post and you alone are liable
for the consequences when you post Content.
ALWAYS OPERATE YOUR WATER BOAT VIGILANTLY ACCORDING TO WATER
CONDITIONS AND IN ACCORDANCE WITH LAWS. IT IS STRICTLY FORBIDDEN TO SEND
ANY CONTENT - INCLUDING TRAFFIC UPDATES (SUCH AS UPDATES ON WATER
ACCIDENTS AND OTHER REPORTS)- WHILE DRIVING. YOUR CONTENT SUBMISSIONS
MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR WATER BOAT IN AN
APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT MAY BE
SENT BY A BOAT CREW OR PASSENGER AS LONG AS IT’S DONE BY OTHER THAN THE
DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING
AND DOES NOT DISTRACT THE DRIVER.
It is forbidden to submit Content of a commercial nature (including advertising), unless such
posts pertain to Safe Waters APP, the Service, or Safe Waters APP’s products, and such
Content strictly complies with these Terms.
When you submit Content to be published by the Service, you must make sure it is lawful. For
example, you may not submit Content that:
A. is diminishing or infringing proprietary rights of others, including but not limited to
copyright and trademarks; poses a risk to a person’s
B. safety, security or health; identifies other persons without obtaining such person’s
express written consent to the disclosure of their personal
C. information, or pertains to minors and identifies minors or their personal information,
including their full name, age, address or contact information;
D. is unlawful, defamatory, libelous or invades the privacy of others; is harassing, offensive,
threatening or vulgar; is characterized by, or that
E. encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity,
nationality, religion, gender, occupation, sexual orientation, illness, physical or mental
disability, faith, political view or socio-economical class;
F. encourages criminal behavior or conduct that would constitute a criminal offense under
any law, or could give rise to civil liability or other lawsuit;
G. promotes pyramid schemes, chain letters or disruptive commercial messages or
advertisements, or anything else prohibited by law or under these Terms;
H. falsely expresses or implies that such content is sponsored or endorsed by Safe Waters
The foregoing examples of unlawful Content are made solely for illustrative purposes and do not
constitute an exhaustive list of restricted Content.
Safe Waters APP may decline to publish, or immediately delete any Content you submit if you
or the Content have violated these Terms or if you engaged in a commission or omission that is
harmful or may be harmful to the Service, its users, Safe Waters APP or any of its agents or
affiliates. In such cases, Safe Waters APP may also terminate your access to the Service or
prevent you from posting additional Content on the Service. The provisions of this clause are
made in addition to any rights afforded to Safe Waters APP by any law.
8. NON-COMMERCIAL USE BY USERS.
The app is for personal use only and may not be used in connection with any commercial
endeavors. Organizations, companies, and/or businesses may not use the Platform for any
9. ACCOUNT SECURITY.
You are responsible for maintaining the confidentiality of your Account credentials that you
designate during the sign up process, and you are fully responsible for all activities that occur
under your account. You agree to (a) immediately notify Us of any unauthorized use of your
username or password or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Safe Waters will not be liable for any loss or damage arising
from your failure to comply with this provision. You should use particular caution when
accessing your account from a public or shared computer so that others are not able to view or
record your password or other personal information. Additionally, by using the Service, you
acknowledge and agree that Internet transmissions are never completely private or secure. You
understand that any message or information you send to the app may be read or intercepted by
others, even if there is a special notice that a particular transmission (for example, credit card
information) is encrypted. We will not be liable for any loss or damage arising from unauthorized
use of your credentials. You may not authorize others to use your membership and you may not
assign or otherwise transfer your account to any other person or entity.
10. PUBLISHED CONTENT.
When you submit Content to be published on the Service, you represent and warrant that you
own all intellectual property rights in the Content; that you are permitted to publish the Content
and to permit Safe Waters APP to publish the Content and exploit all intellectual property rights
in and to the Content. Safe Waters APP receives no ownership rights in to the Content that you
submit. However, by submitting Content to Safe Waters APP, you hereby grant Safe Waters
APP and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive,
royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative
works, display in public and publicly perform the Content. The license granted to Safe Waters
APP in and to the Content you submit is not limited to personal use, but also extends to any
commercial use of Content, at Safe Waters APP’s sole and absolute discretion. However, other
users may only use your Content for non-commercial purposes, unless Safe Waters APP
provides them with a prior written consent to use your Content for commercial purposes.
I. EXAMINATION OF CONTENT:
A. Safe Waters APP may examine the Content before or after its publication,
prevent publication of inappropriate or otherwise inadequate or erroneous
Content, or remove such Content after its publication. Safe Waters APP does not
normally utilize its right to monitor Content and does so only in rare cases.
B. Safe Waters APP retains sole discretion in determining which Content will be
published, the duration of its publication, its location, how and when it appears on
the Service, its design and any other matter pertaining to the publication of
Content within the Service. Safe Waters APP does not guarantee that all Content
will be published, in general or for any limited time.
Content submitted by users for publication does not reflect the views of Safe Waters APP.
Publishing Content does not warrant its validity, reliability, accuracy, legality or it being
All intellectual property rights in and to the Site, the Service and its database, including
copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive
property of Safe Waters APP or its affiliates or are exclusively licensed to Safe Waters APP.
The Service is protected, among others, by the Israeli Copyright Law, 2007 as well as by
applicable copyright provisions prescribed by any other law, in Israel and elsewhere.
“Safe Waters APP”, the Safe Waters APP logo, and other trade and/or service marks are the
property of Safe Waters APP or its affiliates and you may not use such logos or marks for any
purpose that is not expressly authorized in these Terms without the prior written consent of Safe
The design, trade dress, and the ‘look and feel’ of the maps of the Site and the Service are
protected works under applicable copyright laws and Safe Waters APP and its affiliates retain all
intellectual property rights in them. The Software license granted to you in these Terms does not
extend to or include a license to use the maps displayed on the Software or any mark, indicator,
logo or notation embedded in the maps that are displayed on the Software. You may not copy or
print more than one copy of any data or material appearing on the Site.
Safe Waters APP may protect the Service by technological means intended to prevent
unauthorized use of the Service. You undertake not to circumvent these means. Without
derogating from Safe Waters APP’s rights under these Terms or under any applicable law, you
are advised that any attempted or actual infringement of this provision will result in the
termination of all your rights under these Terms. If you circumvent any of the means taken by
Safe Waters APP to protect the Service from unauthorized use, you must immediately cease
any and all use of the Service, and you undertake to do so.
If you use the Service on an Apple device, then you agree and acknowledge that:
● Apple, Inc. bears no duties or obligations to you under the Terms, including, but not
limited to, any obligation to furnish you with Service maintenance and support;
● You will have no claims, and you waive any and all rights and causes of action against
Apple with respect to the Service or the Terms, including, but not limited to claims
related to maintenance and support, intellectual property infringement, liability, consumer
protection, or regulatory or legal conformance;
● Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your
acceptance of the Terms, Apple will have the right (and will be deemed to have accepted
the right) to enforce these Terms against you as a third party beneficiary thereof.
13. LIMITATION OF LIABILITY AND WARRANTY.
SAFE WATERS APP PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR
USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO
FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL
WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT
TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES,
QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR
Additionally and without derogating from the above clause, Safe Waters APP disclaims any
warranties relating to the accuracy of the maps, content, water conditions, driving directions, or
navigation routes presented or displayed in or by the Service. For instance, traffic may be
congested in waters depicted by the Service as uncongested; existing waters may be missing
from the map; users may submit faulty or inaccurate Content or reports. Such errors and
omissions are inherent to any community-based service that operates on users’ posts and on
the information provided by them.
You agree and acknowledge that you assume full, exclusive and sole responsibility for
the use of and reliance on the Service, and you further agree and acknowledge that your
use of or reliance on the Service is made entirely at your own risk. You further
acknowledge that it is your responsibility to comply with all applicable laws (including
traffic laws) while using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE
INFORMATION PRESENTED ON THE WATER. IN THE EVENT THAT THE INFORMATION
PRESENTED ON THE WATER (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON,
ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE
Safe Waters APP exerts efforts to provide you with a high quality and satisfactory service.
However, We do not warrant that the Service will operate in an uninterrupted or error-free
manner, or that it will always be available or free from all harmful components, or that it is safe,
secured from unauthorized access to Safe Waters APP’s computers, immune from damages,
free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software
failures and Software communication failures, originating either in Safe Waters APP or any of its
SAFE WATERS APP, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER
DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS,
EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER
FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE
INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN
THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR
STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE
CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT
ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE
SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY
DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION,
DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE
SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING
SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT
LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE
The Service may include commercial information or advertisements (for example, pins indicating
the locations of certain establishments, their commercial offers, coupons ad banners, etc.
(“Ads”). The Ads may pop up or be displayed on the Service maps from time to time. Safe
Waters APP may post Ads on the Service but more often than not, the source of such Ads is
third parties, and as such, Safe Waters APP cannot and does not guarantee the reliability or
accuracy of third party Ads. Safe Waters APP does not endorse the content of third party Ads.
Additionally and without derogating from the previous sentence, Safe Waters APP will not be
liable for any form of liability arising from your reliance on, or in connection with, the use of the
content of Ads posted on the Service.
It is underscored that the advertising of commercial content by Safe Waters APP does not
constitute a recommendation or encouragement to procure the goods or services advertised.
Insofar as the Software includes links to services or applications not operated or managed by
Safe Waters APP, Safe Waters APP will not be liable for any form of liability arising from your
reliance on, or in connection with, the content of such services and applications or any
information provided by them, including but not limited to its completeness, accuracy,
correctness or it being up-to-date. Safe Waters APP will not be liable for any direct or indirect
damage, monetary or otherwise, arising from your use of or your reliance on the content of
goods or services you have accessed via Ads or other links on the Software.
YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A
WATER CRAFT. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU
ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREGOING
PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND
LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND
PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY,
ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE
OR YOUR VIEWING OF THE ADS ON THE SERVICE.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless Safe
Waters APP and its employees, officers, directors and agents, as well as all third party
advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that
arise as a result of your violation of these Terms. In view of the fact that the Service is provided
to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of
profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Safe
Waters APP, its employees, officers, directors or agents as a result of your violation of the
Terms, including but not limited to legal expenses and attorney fees.
Safe Waters APP respects your privacy during your use of the Software and the Service. Our
periodic updates, it is recommended that you periodically review the policy for updates.
15.MODIFICATIONS TO THE SERVICE AND SOFTWARE.
Safe Waters APP may, either partially or in its entirety and without being obligated to provide
prior notice – modify, adapt or change the Software, the Service’s features, the user interface
and design, the extent and availability of the contents in the Service and any other aspect
related to the Service. You will have no claim, complaint or demand against Safe Waters APP
for applying such changes or for failures incidental to such changes.
16.TERMINATION OF SERVICE.
Safe Waters APP may, at any time, terminate the provision of the Service in its entirety or any
part thereof, temporarily or permanently, at its sole discretion.
17.MODIFICATIONS OF THESE TERMS.
Safe Waters APP may modify these Terms from time to time. If fundamental changes are
introduced, a notice will be posted in the updated version of the Software as well as on the
Service’s home page on the Site. Your continued use of the Service after the Terms have been
modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to
any term within them, you must discontinue all further use of the Software.
18.GOVERNING LAW AND JURISDICTION.
These Terms, the Software and the Service will be governed solely by the laws of the State of
Israel, without giving effect to any conflicts of law principles. Any dispute, claim or controversy
arising out of, connected with or relating to these Terms, the Software and the Service, will be
under the exclusive jurisdiction of the competent court in the Tel Aviv district in Israel.
Should you desire to file any cause of action against Safe Waters APP, arising out of or related
to the Safe Waters APP Software or Service, you must do so within one (1) year of the day you
become aware of the cause of action. Failure to file a lawsuit within the aforementioned
timeframe will bring about the permanent barring of the cause of action, and will constitute your
complete and final waiving of the lawsuit.
20.ASSIGNMENT OF RIGHTS.
You may not assign or transfer your rights in and to the Service, without the prior written
consent of Safe Waters APP. Safe Waters APP may assign its rights in and to the Service to a
third party at its sole and absolute discretion, provided that the third party undertakes Safe
Waters APP’s obligations to you under these Terms.
These Terms, together with the policies that are an integral part of these Terms and the
Copyright Policy, shall all constitute the entire and complete agreement between you and Safe
Waters APP concerning the Safe Waters APP Service. In the event of an inconsistency
between these Terms and the synopsis of terms presented to the user during Software
installation, these Terms shall prevail.
22.NO LEGAL RELATIONSHIP.
Service, do not, and shall not be construed as creating any relationship, partnership, joint
venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of
any kind between the parties hereto. Your use of the Service is intended for your enjoyment and
benefit and the provision of the Service to you (subject to your compliance with these Terms)
constitutes the sole and sufficient consideration that you are entitled to receive for any Content
or other contributions you have made to the Safe Waters APP Service, its contents, maps and
any other data.
You may contact us concerning any question about the Service, through the channels listed on
the “Contact” page of the website. We will make our best efforts to address your inquiry
Last modified: 11-20-18