Terms of Service

Introduction

We build a range of services that help people connect, explore, and interact with their environment. Our services include:

• Nautical Eye – Mobile Application (Apple & Android devices)

• Nautical Eye Environmental Intelligence Reporting System (NEEIRS) – Website

• Nautical Eye – Website

 

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Nautical Eye mobile application, the NEEIRS website, and Nautical Eye website (the "Service") operated by GeoThinkTank LLC ("us", "we", or "our").

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Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

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By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

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Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

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Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. Your subscription will continue and automatically renew until terminated.

​At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or GeoThinkTank LLC cancels it. You can cancel your Subscription at any time. Please note that you must cancel your Subscription before it renews for a subsequent term in order to avoid being charged for the next term’s Subscription Fee. Nautical Eye mobile app subscriptions must be canceled 24 hours before the end of any subscription period to avoid being charged another fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current term. For clarity, in such a circumstance, you will continue to have access to your Subscription until the end of the term’s billing cycle. You will need to cancel your Subscription directly with your Marketplace Provider through your online account management page or manage content page for NEEIRS members.

​A valid payment method, including credit card, is required to process the payment for your Subscription. Your Payment Method will not be charged during the Trial Subscription Period, however a pre-authorization may be used. You shall provide GeoThinkTank LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize GeoThinkTank LLC to charge all Subscription fees incurred through your account to any such payment instruments.

 

Should automatic billing fail to occur for any reason, you remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

​For NEEIRS members, you can update your Payment Methods by going to the "My Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

​Payments are processed by the respective Marketplace Provider, for the Nautical Eye Mobile App: Apple Store In-App Payment or Google Play In-App Payments, and for the NEEIRS website on your NEEIRS account subscription management page, which uses Stripe for billing.

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Free Trial and Promotional Offers

GeoThinkTank LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial") and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members with an existing or recent subscription are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent subscription to determine eligibility. For combinations with other offers, restrictions may apply.

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Mobile App - Free trials are limited to new subscribers. If you receive a free trial, you will be charged when your free trial period ends - cancel any time before your free trial ends and you will not be charged. Your subscription will automatically renew unless you cancel it before the end of the current period.

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Your subscription may be managed from your device through the Apple App Store or Google Play App Store. 

See the links below for more information on how to do so depending on your specific device:

 

Apple App Store  |  Google Play App Store

 

NEEIRS - If you receive a free trial, all NEEIRS members are required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by GeoThinkTank LLC until the Free Trial has expired. We will charge the applicable Subscription fees, for the type of Subscription you have selected, for your next billing cycle to your Payment Method at the end of the free trial period and your subscription will automatically renew unless you cancel your subscription prior to the end of the free trial period. For clarity, at the expiration of the free trial, the subscription fee for the service will be charged to your payment method, unless you timely cancel the trial subscription. Please note that you will not be notified that your trial subscription will end or has ended.

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At any time and without notice, GeoThinkTank LLC reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

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For additional details about your Free Trial, including the date the Free Trial ends, please visit your NEEIRS account subscription management page directly (which uses Stripe for billing).

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New customers may take advantage of any "new customer" promotion only once. Requirements for a special promotion will be stated at the time each offer is presented. As a condition of these Terms, you agree not to register multiple times for the same promotional offer using multiple names, addresses, email addresses or other means. Any such action shall constitute a violation of these Terms and may result in the termination of your account.

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Subscription Fee Changes

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

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GeoThinkTank LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

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Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

Refunds

Except when required by law, paid Subscription fees are non-refundable. No refunds, adjustments or price protection will be applied to your Subscription Fee in the event of a new/subsequent discount or promotional offering after you sign-up for the Service.

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REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. GeoThinkTank LLC does not provide credit, refunds, or prorated billing for subscriptions that are cancelled mid-term. Each Marketplace Provider reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.

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Access

GeoThinkTank LLC may discontinue, suspend, terminate or block access to this Service at any time in its sole discretion. GeoThinkTank LLC has no obligation to compensate you for any discontinuation, suspension, termination or blockage of access to this Service.

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NEEIRS Member Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

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Permission to use content you create and share: You own the content you create and share on our Services, and nothing in these Terms takes away the rights you have to your own content. To provide our services, though, we need you to give us some legal permissions to use that content. Specifically, when you create or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, sell, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on our Services, you give us permission to store, copy, and share it with others such as service providers that support our service or other Social Media platforms like Facebook, Instagram, and Twitter among others. Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on our Service next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you. For example, we may show you and/or your content in an ad, on our website, or social media platforms. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf.

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Permission to derive and share analytics about the content you and others provide.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

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You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

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For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Service, you hereby grant GeoThinkTank LLC a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and GeoThinkTank LLC (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

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GeoThinkTank LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of GeoThinkTank LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

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Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

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You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

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Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

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If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@nauticaleye.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".

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You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

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DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

You can contact our Copyright Agent via email at info@nauticaleye.com

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Intellectual Property

The Service and its original content (excluding original video & imagery Content provided by users), features and functionality are and will remain the exclusive property of GeoThinkTank LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GeoThinkTank LLC.

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Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by GeoThinkTank LLC.

 

GeoThinkTank LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

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You acknowledge and agree that GeoThinkTank LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

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We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

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Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the

Terms.

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If you wish to terminate your account, you may simply discontinue using the Service.

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All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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Indemnification

You agree to defend, indemnify and hold harmless GeoThinkTank LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

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Limitation Of Liability

In no event shall GeoThinkTank LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

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Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

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GeoThinkTank LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

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Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

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Governing Law

These Terms shall be governed and construed in accordance with the laws of District Of Columbia, United States, without regard to its conflict of law provisions.

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Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

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Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

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By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

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Contact Us

If you have any questions about these Terms, please contact us at support@nauticaleye.com

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