Users of the Services offered by CargoMessenger on the website www.cargomessenger.com or on the relevant application acknowledge and accept these terms and conditions (the “Terms”).
1208 W Broadway
Hewlett, NY 11557
This document is a legal agreement between you, the User, and the corporation which runs CargoMessenger for your use of it and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this Agreement are binding on the relationship between you and us once you have accepted the terms.
For simplicity, “User,” “you,” “your” and like terms, either in singular or plural form, refer to you, the User. “We,” “our,” “us” and like terms refer to the corporation which owns and manages CargoMessenger as outlined in the present document (“CargoMatrix Inc.” or the “Owner”). “CargoMessenger” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
In order to use CargoMessenger, you must read carefully and agree to this Agreement and accept this Agreement by clicking the button for acceptance. If you don’t accept this Agreement you cannot use the Service.
CargoMessenger is a social networking tool dedicated to Air Cargo Industry operators. It allows Users to share shipment information, documents and images, create groups and control towers and collaborate using social networking. It also allows Users to capture images for “proof of condition” purposes, group the photos by shipment number or some other reference number, add tags, comments, notes to each image, share the images with other Users via email, chat and social media.
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of CargoMessenger or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:
The content available on CargoMessenger is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on CargoMessenger or allow any third party to do so through the User or its device, even without User's knowledge.
Where explicitly stated on CargoMessenger, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through CargoMessenger, for the User's sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly reported.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, logos and/or copyrights that appear concerning CargoMessenger and all rights in and to the user interface, features and functionality of CargoMessenger and underlying software, including code (“Owner's IP”) are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. The Owner does not grant you any rights whatsoever in any Owner's IP except to the extent necessary for you to use the Services in compliance with the Agreement.
Users are responsible for their own content and that of third parties that they share through CargoMessenger, that they upload and post on or through CargoMessenger, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by User or by third parties but it may choose to suspend or terminate display of any such content if:
By submitting, posting or displaying content on or through CargoMessenger, the User grants a non-exclusive, royalty-free and with the right to sublicense license to the Owner without territorial limits, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
The Owner does not moderate the content or links provided by third parties before their publication on CargoMessenger. You agree that the Owner is not responsible for the content provided by third parties or for its availability.
Users may use third-party services or content included in CargoMessenger, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
The Service shall be used only in accordance with these Terms.
Users may not:
CargoMessenger provides for additional services and subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of CargoMessenger.
In the event that CargoMessenger offers a trial period, the User will be able to experience, free of charge and for a limited period of time, some of the paid features offered by CargoMessenger. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service.
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then CargoMessenger may be forced to cancel their subscription when it runs out.
The Owner provides the services to you strictly on an "As is" basis. To the maximum extent permitted by applicable law the Owner expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. The Owner makes no warranties or representations as to the accuracy or completeness of any “content” and assumes no liability or responsibility for any: (I) errors, omissions or inaccuracies in any “content”; (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the “services” and “CargoMessenger”; (iii) any unauthorized access to or use of our systems and/or any information accessible through such systems; (iv) any interruption of the “services”; (iv) any viruses, trojan horses, bugs, malware or the like in or transferred through the “services” or through the actions of any third party; (v) any access to your device and/or information available through such access; and/or (vi) any loss or damage of any kind incurred as a result of the use of the “services.”
The Owner does not endorse, warrant, guarantee, or assume responsibility for any event, product or service available through the “services” or any website accessible through the “services.”
No action from or on behalf of the Owner or any other source shall create any warranty not expressly stated in this agreement.
Some jurisdictions do not allow the exclusion of warranties, so the above warranty exclusions may not apply to you.
The website and/or application may contain advice, opinions, instructions and statements from its users and other content and information providers. You use CargoMessenger and content at your own risk. We strongly urge you to consult a professional or some other authority in the appropriate field before using any of the content. In no event will the Owner be liable for any indirect, incidental, punitive, special or consequential damages arising out of or relating to this agreement, including, but not limited to, damages for loss of profits, loss of business, loss of use, or loss of customer data or other intangible property, even if the Owner has been advised of the possibility of such damages.
Each provision of this agreement that provides for a limitation of liability, disclaimer of damages, or exclusion of damages is to allocate the risks of this agreement between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable from and independent of all other provisions of this agreement.
Except in the event of Owner’s gross negligence or willful misconduct, you agree to defend, indemnify and hold harmless the Owner, its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, advisors and agents thereof, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from: (i) your use of the Service; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
Under the Digital Millennium Copyright Act (“DMCA”), you can request that CargoMatrix, Inc. remove material that infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice,” which must comply with the requirements specified by the law. (If you have any question on these requirements that are not answered by this section of the Agreement, please see Section 512(c)(3) of the Digital Millennium Copyright Act).
Your “takedown notice” must include:
You must send this takedown notice in physical form to CargoMessenger as follows:
1208 W Broadway
Hewlett, NY 11557
You can also send a copy by email to firstname.lastname@example.org but you must send the physical version described above to the physical mail address specified.
From time to time the Owner may change certain aspects of the Service, such as adding or deleting certain features. The Owner may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Owner will work with you to enable you to withdraw your information in accordance with applicable law.
The Services might not be available at times you expect it, whether because of software or network problems or events that are known as “Force Majeure” such as acts of God, labor actions and other disruptions beyond the reasonable control of the Owner. The Services might not be available also because the Services are undergoing maintenance.
This Agreement shall continue in effect until it is terminated by either CargoMessenger or you. Upon termination, certain provisions of this Agreement shall survive as follows: your grant of licenses under this Agreement shall survive indefinitely; your indemnification obligations shall survive for a period of five years from the date of termination; CargoMessenger’s disclaimer of warranties and representations and the provisions under the section called “Warranties, Indemnification and Limitation of Liability” shall survive indefinitely.
The Owner reserves the right to amend or otherwise modify this Agreement at any time, informing you by publishing a notice through CargoMessenger or otherwise communicating with you. Such changes will only affect the relationship with you for actions after you have accepted the new Agreement. Previous versions, which are archived by the Owner, will govern the relationship prior to your acceptance. You can email the Owner for a copy of any previous version. Your continued use of the Services after such changes will signify your agreement with and acceptance of this Agreement with its revised terms. If you do not wish to be bound by the changes, then your only recourse is to discontinue the use of the Services.
This Agreement, and any rights and licenses granted in this Agreement, cannot be transferred or assigned by you without the Owner’s prior written permission, but may be assigned by the Owner without restriction.
You consent to the Owner contacting you by your telephone number or your email address. All communications relating to CargoMessenger must be sent using the contacts stated in this document. If you send a communication by email you must have valid confirmation of receipt to provide promptly to the Owner if requested.
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
The Owner’s failure to assert any right or provision under this Agreement shall not constitute a waiver of any such right or provision. Any waiver shall not be deemed a further or continuing waiver of such term or any other term.
This Agreement and the relationship between the Owner and you and any dispute concerning the implementation, interpretation and validity of this Agreement by the laws of the State of New York, without regard to its conflict of laws principles. the Owner and you hereby irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts of the Southern District of New York. Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
The service/s provided by CargoMessenger as described in these Agreement and in CargoMessenger.
Any user of the Service, whether a human being or legal entity.