ShipServ Pages - Terms of Use 

This "business-to-business" website, known as ShipServ Pages ("ShipServ Pages"), is owned and operated by ShipServ Ltd.
("ShipServ"), Building 3, Chiswick Park, 566 Chiswick High Road, London W4 5YA, United Kingdom and references to "You" or "Your" are
references to any user or potential user of ShipServ Pages.

ShipServ Pages are principally intended for use by the maritime community as a business-to-business e-commerce tool for
finding information about suppliers to the maritime industry and their products. These "Terms of Use" govern the relationship
between ShipServ and users who browse the site and make use of such Content. Separate "Service Conditions" and "Service
Guidelines" govern the relationship between ShipServ and the businesses or companies ordering services or managing
content on ShipServ Pages.

1. Application of these Terms of Use 
1.1.1 If You, being a user or potential user of ShipServ Pages, wish to use ShipServ Pages, You should only do so if these 
        Terms of Use are acceptable to You without modification.

1.1.2 ShipServ may change these Terms of Use at any time without any notice to You. By Your continued use of ShipServ Pages
        You agree to be bound by the most current version of these Terms of Use. You should check these terms from time to 
        time for any changes that have been made.

1.1.3 If You are or become a customer for ShipServ products and services other than ShipServ Pages, these Terms of Use
        shall only apply to your Use of ShipServ Pages. In all other respects Your relationship with ShipServ shall be governed by 
        Your user or service agreement, the ShipServ General Terms & Conditions or any other agreement that applies to a particular 
        ShipServ product or service.

2. Permitted and forbidden uses of ShipServ Pages 
2.1   You may access the ShipServ Pages, make a copy of the results of any searches, and use those results for any
        reasonable purpose within Your business other than those set out in Clause 2.3 below.

2.2   Such use is subject to any applicable third party content providers' licences.

2.3   You shall not in any circumstances:

2.3.1 modify the content or other material from ShipServ Pages ("the Content") or merge the Content with any other data or 
        in any way adapt or change it;

2.3.2 sell, republish, provide to a third party for financial gain or otherwise trade in materials copied from the Content;

2.3.3 use or redistribute the Content for the purposes of compiling databases, lists or directories;

2.3.4 permit or allow the Content to infringe or otherwise prejudice the proprietary rights of ShipServ or any third party 
        content provider;

2.3.5 use the Content for any unlawful, offensive, abusive, indecent, obscene or menacing purpose or any purpose that 
        is likely to bring ShipServ into disrepute or to cause ShipServ embarrassment;

2.3.6 use the Content as a source for targeting material or contact data for any kind of telemarketing, direct marketing, viral 
        or other electronic marketing activity on Your own behalf or on behalf or for the benefit of another party;

2.3.7 access or copy the Content or make any use of it that is preparatory to any prohibited conduct referred to above.

3. Intellectual property  
3.1  Unless otherwise stated, ShipServ and its licensors owns all the intellectual property rights in the content of ShipServ 
      Pages (including the design, text, graphics and arrangement thereof) and in the software used therein.

3.2  Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed 
      as ShipServ Pages Search results.

3.3  Except as expressly provided in these Terms of Use, nothing contained in these Terms or anywhere on ShipServ 
       Pages shall be construed as conferring any licence under any of ShipServ's or any third party's intellectual property rights.

3.4  "ShipServ Pages" and "ShipServ" are service marks of ShipServ. All other trademarks, product names and company 
       names or logos cited anywhere on ShipServ Pages are the property of their respective owners.

4. Basis on which ShipServ Pages are provided 
4.1.1    ShipServ Pages and the Services (and any Content made available through them) are provided on "As Is" and 
           "As and When Available" basis. Whilst ShipServ shall use all reasonable skill and care in the creation and supply of 
           ShipServ Pages and the Services, ShipServ does not give any guarantee or warranty as to their suitability, availability, 
           accuracy, freedom from fault, freedom from viruses or other impairing or harmful components or fitness for any purpose.

4.1.2    ShipServ shall run commercially available virus detection and correction software and shall endeavour to ensure 
            that errors are not service affecting and to correct reported faults as soon as it reasonably can. If a fault occurs, 
            You should report the fault to ShipServ (see the Contact page on www.shipserv.com).

4.1.3    ShipServ may need to temporarily suspend the whole or any part of the Services from time to time.

4.2.1    ShipServ and content providers (including those persons, companies and other organisations whose goods or services
           may be displayed or referred to in ShipServ Pages) ("Content Providers") make reasonable efforts to make the information
           available on ShipServ Pages as accurate as possible. Where Content is shown as being "verified", this means that such
           Content has been checked by or provided by the Content Provider.  In no circumstances, however, is any warranty or fitness
           implied.

4.2.2    Nevertheless ShipServ is not an agent for and does not vouch for Content Providers, nor for the availability, suitability or
           prices of their goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, 
           or memberships of trade associations of such persons, companies or other organisations. You should satisfy Yourself in 
           respect of all such matters as well as those referred to in Clause 4.3.

4.2.3    Neither ShipServ nor any of its agents, Content Providers, sponsors or licensors make any representation or warranty or
           condition, either express or implied, statutory or otherwise, to You as to the accuracy, content, timeliness, completeness, 
           non-infringement of proprietary rights or otherwise, legality, reliability, merchantability, fitness for a particular purpose, 
           quality or suitability of any information, advice, Content, service, search results, products, services, goods or merchandise, 
           provided through, advertised on, received through links provided on, or in connection with the use of, ShipServ Pages.

4.3.1    ShipServ recommends that before You use any information with respect to any matters relating to medicine, law,
           insurance, accounting or any other profession You seek advice from a qualified professional.

4.3.2    ShipServ Pages may make available certain financial information provided by third parties, including information regarding
        industries, companies, stocks, investments and securities. Such investment information is for information purposes only and
        You should not construe it as investment advice or use it for trading or investing purposes. Financial investments bear varying
        degrees of risk. ShipServ strongly discourages You from making any investment decision based upon information that You
        cannot confirm and strongly recommends that You seek advice from a qualified financial advisor before You make any financial
        investment.

4.4.1    No oral advice or written information given by ShipServ or its affiliates, or any of its officers, directors, employees, agents,
        providers, merchants, sponsors, licensors, or the like, will create a representation, a warranty or condition nor should You rely
        on any such information or advice.

4.4.2    In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, this Clause 4 may not apply to You in
           part or at all.

5. Limitation of liability 
5.1.1    Subject to Clause 5.3, ShipServ accepts no liability in contract or tort (including liability for
        negligence) for loss of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data
        or for any indirect, special or consequential loss or damage (including punitive damages).

5.1.2    If any jurisdiction does not allow the exclusion or limitation of liability for the types of loss set out in Clause 5.1.1, liability is
           limited to the fullest extent permitted by law.

5.2.1    Subject to Clause 5.3, in any event ShipServ's liability to You under or in connection with these Terms of Use will be limited
           to the lowest of (i) the sum claimed by You, (ii) US$50 or (iii) any sum calculated under Clause 5.2.2.

5.2.2    Where one incident gives rise to claims by more than one User, ShipServ's liability to all Users arising out of such incident
           will be limited to US$10,000, which will be shared between them pro rata. In calculating such prorating, the amount considered
           in respect of Your claim will be the lesser of the sum claimed by You or $50.

5.3    ShipServ does not limit or exclude its liability for death or personal injury caused by its negligence or any other liability to the
           extent that such a limitation or exclusion is prohibited by law.

5.4    ShipServ will not be liable if ShipServ cannot perform any of its obligations under this Agreement because of circumstances
        beyond its reasonable control such as technical failure, severe weather, fire or explosion, civil disorder, war, or military
        operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any
        kind.

5.5    Nothing in this Agreement affects the liability of ShipServ for fraudulent misrepresentation.

6. Miscellaneous 
6.1    These Terms of Use constitute the entire agreement between You and ShipServ with respect to the
         subject matter hereof.

6.2    A party's failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a
        waiver of any provision or right. Neither the course of conduct between You and ShipServ nor trade practice will act to modify
        any provision of this Agreement.

6.3    If any provision of this Agreement is held to be invalid or unenforceable, all other provisions of this Agreement will remain in
        full force and effect.

7. Jurisdiction and governing law 
7.1    These conditions shall be governed by and construed in accordance with the laws of England.

7.2    ShipServ controls ShipServ Pages from within the country of England. It can, however, be accessed from other places
        around the world. Although these places may have different laws from those of England, by accessing ShipServ Pages You
        agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to Your use of
        ShipServ Pages. You and ShipServ also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to
        such matters.

7.3    If You access ShipServ Pages from a place outside of England You acknowledge that You do so voluntarily and are
        responsible for complying with local laws.

© ShipServ Ltd April 2006 - Version 2006-04