OpenSea.pro Terms and conditions

Terms and conditionsPrivacy policy

The proprietor and operator of the OpenSea.pro website at www.opensea.pro (the “Website”) is FAIRWIND EXPERTS LP (“OpenSea.pro”, “We”, “Us”, “Our”); a company registered in Scotland with company number SL16759 whose registered address is at 44 MAIN STREET, DOUGLAS, SOUTH LANARKSHIRE, SCOTLAND, ML11 0QW.

These terms and conditions (the “Terms and Conditions”) govern the use of OpenSea.pro Service provided by OpenSea.pro via the Website. The scope of these Terms and Conditions shall extend to the Website, which has been developed and is operated by OpenSea.pro, with an aim of provision of Services to the User.

These Terms and Conditions are a reflection of the entire understanding of the relationship between OpenSea.pro and the User (You) and it shall prevail any previous agreements, unless OpenSea.pro, expressly and in writing, states otherwise.

The standard language of the agreement is English and in case of any conflict between human-readable form and machine-readable form, the human-readable form shall prevail.

Your access to and use of the Website is subject exclusively to these Terms and Conditions. You undertake that You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions, such as but not limited to hacking or unauthorised access. By using the Website You are fully accepting the terms, conditions and disclaimers contained herein. If You do not accept these Terms and Conditions You must immediately stop using the Website.

BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, OpenSea.pro DOES NOT WARRANT THAT THE WEBSITE IS ERROR FREE AND THAT THE SERVICE WILL BE UNINTERRUPTED.

  1. DEFINITIONS
    1. "Broker": shall mean a person who has authorisation from principal (cargo/vessel owner) to present their Open Positions on the OpenSea.pro Service
    2. “Cost” shall mean the price that it to be paid to OpenSea.pro;
    3. “OpenSea.pro", “Us” and “We”: shall mean FAIRWIND EXPERTS LP with registered business address at 44 MAIN STREET, DOUGLAS, SOUTH LANARKSHIRE, SCOTLAND, ML11 0QW and/or any of its affiliate entities;
    4. "Open Position(s)": shall mean an offer for a ship or cargo that a User makes to match with suitable position of another User; it entails that the User is duly in charge for chartering of the vessel or cargo mentioned;
    5. “Owner”: owner of the cargo/vessel shall mean a person who is relevant to the company which in fact owns a ship or a cargo; “Registered User(s)": shall mean any individual, over 18 years old, who uses the Service for personal or professional use by fully registering on the Website.
    6. “Service” shall mean the services established in Clause 2;
    7. User(s), “You” shall collectively mean Registered Users and Visitors to the Website.
    8. “Visitor” shall mean a person who logged into the Website only using their full name and email. A Visitor can view all positions without knowing who own’s every particular position, but cannot contact owners and cannot communicate with other Users.
    9. “Registered User” shall mean person who filled in all obligatory fields of his profile and opened a position on the Service. Registered User has fully functional account free of charge within 60 calendar days (Trial Access); within this period Registered User should decide if they are interested to use the Service further.
    10. "User Account" or “Profile”: shall mean the personal account of each User on the Website required to access the Service provided by OpenSea.pro
    11. "Website": shall mean https://www.opensea.pro.
  2. PROVISION OF SERVICES
    1. OpenSea.pro provides cargo and ship searching and matching Services for charterers, shipowners and shipbrokers. By means of the Website, the Service allows Users and Visitors to create Profiles for searching purposes and create Open Positions in the Service.
    2. There are two kind of Users: Visitors and Registered Users, as set forth in section 1.
      1. Visitor can only view available Open Positions, such as cargo and vessels, but is not able to interact with other Users.
      2. Registered User can upload and manage information as well as make offers related to their Open Positions. Registered User can interact and stay in contact with other Users. In order to become a Registered User, the User should fill in the obligatory information in their profile and open a position. Registered Users have full access to the Website and the Service and can, with no limitation, view or search all available positions, add positions to favourites, send offers based on their own position, get offers from other Users, close, edit, delete and manage their own positions, discuss terms and conditions of positions and conclude charter-parties, rate completed positions, obtain ratings and feedback from the other side of fixture, save and manage their messages history as well as subscribe and unsubscribe from system notifications.
    3. Before User’s interaction, all positions in the system are displayed without the owner’s contact info. Only owner’s feedback is available for viewing.
    4. All interaction between Users is based on Open Positions of cargo and vessel; if they are matching by date, size, region/port - both sides Users should commence by sending an offer with their Open Position. The recipient of the offer can reply to the offer and then the sender receives information about the person who opened the particular Open Position and gets notification by email and within a system via the “Messages” page.
    5. After the aforementioned stage of discussing collaboration terms is complete, whether carried out within or out of the Service, both Users should complete their open positions and fulfil the relevant form, wherein they should mention important points of the fixture, which were previously mentioned in Open Position (such as route, laycan, type and volume of the cargo, name and type of the vessel, loading/discharging rates, commission, freight rate). A fixture itself will be done outside of service, usually both sides send to each other signed and stamped fixture recaps. Later, both sides should rate the deal and leave a feedback, it will be shown in system.
    6. Registered User can delete their Open Position at any point of time and not form a deal and a history in the system. If a User is willing to complete position which had been fixed outside of the system and form a deal via the Service, they can fulfil relevant form by himself and optionally mention 2nd side of the fixture by leaving their email address provided that the 2nd side of the fixture which is not a Registered User has consented to it, and the system will send a relevant message to 2nd side requesting to join OpenSea.pro Service. If such person later decide to register, then a user will get a notification that his second side registered and they would be added to his contact list.
    7. Based on getting statistics from fixed deals, our system will prepare information about cargo flow in ports or regions, freight rate dynamics and some freight indexes.
    8. The Services shall be available for personal or non-commercial purposes as well as commercial purposes.
    9. The Services shall be available only for people above legal age.
    10. The arrangements and agreements between Users are exclusively between Users and it is out of the scope of the Service and OpenSea.pro is not a party to such arrangements or agreements.
  3. ACCEPTANCE AND MODIFICATIONS
    1. No access to the Services will be permitted unless the Terms and Conditions and the Privacy Policy that governs the Service are fully accepted. By using the Website, Users fully accept these Terms and Conditions, even if a Registered User does not create a User Account or a Visitor does not sign up and only surf the Website.

      WE DO NOT ACCEPT ANY RESERVATION TO OUR TERMS AND CONDITIONS, PRIVACY POLICY OR COOKIES POLICY.

    2. If a User fails to comply with any of the Terms and Conditions, OpenSea.pro reserves the right to cancel the User Account of that User, wherever applicable, and suspend or withdraw provision of all Services to that User without any prior notice.
    3. OpenSea.pro reserves the right to modify or update the Service and the Terms and Conditions at any time in case a major change in Our Service is made.
    4. Any modification to the Website, Services or these Terms and Conditions will take effect as soon as such changes are published on the Website and Users will be held to have accepted any modified versions of the Terms and Conditions.
    5. OpenSea.pro reserves the right, but is not obliged, to:
      • modify, update, interrupt, suspend or discontinue or remove (temporarily or permanently) the Website or any part of it without notice and the User and/or the Visitor confirms that OpenSea.pro shall not be liable to the User for any such change or removal; and
      • modify the Terms and Conditions at any time, and the User continued using the Website following any amendments shall be deemed to be the User acceptance of such amendments.
  4. INTELLECTUAL PROPERTY
    1. The services offered by OpenSea.pro including, but not limited to, any concepts, ideas, artwork, animations, sounds, methods of function, coding related to computer, moral and legal rights, documented archives, musical work, audio effects, profiles, Users Accounts, any non User published content except any other data related to OpenSea.pro and published by the OpenSea.pro are copyrighted works owned by the OpenSea.pro exclusively (jointly referred to as the “Intellectual Property”).
    2. OpenSea.pro reserves the right, without limitation, to all moral, intellectual property rights and related proprietary rights, in connection with the Service. All rights are reserved in relation to any registered and unregistered trademarks which appear on the Website.
    3. OpenSea.pro reserves the right to change, modify, alter, amend or delete any content on the Website without prior consent or information and with a just in time notice in situations We seem appropriate to.
    4. No User shall have the right, without OpenSea.pro´s express consent, to change, alter, modify, reproduce, amend, copy, sell, distribute or transfer all or any part of the materials specified in section 4.1.
    5. Nothing within this clause shall be deemed to give rise to any liability on Us due to User posted content on the Website or through the Services. The OpenSea.pro reserves the right to terminate or suspend any account subject to the Section 12.
  5. USER ACCOUNT
    1. In order to be able to use the Service, User must create an account by registering on the Website. By creating an account, User shall provide personal information requested by OpenSea.pro and User hereby authorises OpenSea.pro to use their personal information for the provision of the Service as well as in order to disclose the relevant personal information to Users for the purposes necessary for the provision of the Service.
    2. The User warrants that all of the information provided to OpenSea.pro upon creation of their User Account and at any other time after the Profile is created, will be truthful, complete, exact and up-to-date. Users agree that any information provided to OpenSea.pro or posted on the Website in connection with any ship or cargo will be true, accurate and complete. OpenSea.pro shall not be liable to any User in the event that any information provided by a User which is incomplete, inaccurate, misleading or fraudulent.
    3. The Users shall be responsible at all times for the data and information they provide or publish on the Website.
    4. Only one User Account is accepted per User and no User Account may be created on behalf of another person.
    5. In the event that a User does not comply with all or some of these Terms and Conditions, OpenSea.pro may at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the Service and the User Account.
    6. In case OpenSea.pro finds out that information provided by User in their User Account or Open Position insufficient or not correct or fraudulent, then such User Account and the related Open Position will be blocked and hidden until the issue is resolved. User will be contacted by the contact details that the User provided when registering, in order to fix such problem. In the case of no reaction from the User, the User Account might be deleted.
    7. Nothing in this clause shall prevent us from suspending or terminating the User Account as per provisions laid down in these Terms and Conditions.
  6. USER LOGIN DETAILS
    The User’s password and username (jointly referred to as the “Login Details”) are personal and non-transferable. The use of the Service by a User identified by the Login Details will be considered to have been performed by the User who, in any case, will be responsible for said use. In any case, any action Users perform on the Website after having been identified with their Login Details will be deemed to have been accepted and signed by the User in a manner equivalent to an electronic signature.
  7. USER CONTENT
    1. With regard to content added or published by the User on the Service (hereinafter the “User Content”), the User shall continue to hold all rights over it and accept all liability in the event of such content infringing the rights of any third party. OpenSea.pro is not responsible of the User Content and shall not be held liable for any loss or damage in respect of the User Content. Users acknowledge and agree that the User Content they upload or add to the Website may be viewed from mobile devices connected to it.
    2. Upon User Account registration the User agrees to provide Us with true, accurate and authentic information, which the User agrees to update, should it change with the time. To know more about the information You provide to Us, please see our Privacy Policy.
    3. The User shall use the Services of the Website in highly ethical manner without resorting to abusive or offensive content.
    4. The User shall not post anything on the Website which may be and can be deemed as harmful to the interests of OpenSea.pro or any associated parties. Users shall not publish any defamatory, misleading or offensive content or any content which infringes any third party intellectual property rights. Users accept that they are liable for such content which is or might be infringing such rights.
    5. The User shall have the freedom to post comments in forums, provide suggestions or proposals to Us through support@opensea.pro. Notwithstanding that, and complying with data protection legislation, in no event, OpenSea.pro is obliged to:
      • Maintain any confidentiality of User´s submission, comment, proposal or information.
      • Respond or accept User´s suggestions, comment, proposal, information or submission in any way.
    6. OpenSea.pro reserves the right to employ any of User’s suggestions, submissions, information, comment or proposals without any prior notice, compensation or credit to the User.
    7. User shall be solely responsible for any liability arising out of the content posted by the User through the Services. User shall bear all responsibility for any defamatory, libelous, offensive, objectionable and abusive content User post or share, since the OpenSea.pro disclaims all liability in this matter and reserves the right to remove any content the OpenSea.pro deems inappropriate.
    8. OpenSea.pro also reserves the right to repost, store, distribute, transfer and transmit any User Content without any prior consent of the User as well as the right to access, monitor and store your messages to other Users and/or Visitors, chat text, voice communication, comments in forums, IP address and other related personal information as further stipulated in our Privacy Policy.
    9. User hereby agrees to indemnify Us, OpenSea.pro or any affiliated entities for any liability that it may have to incur due to the User Content.
  8. COST, PAYMENT METHODS AND BILLING
    1. All Registered Users shall have 60 calendar days of fully functional trial access for free (hereinafter, the “Trial Access”).
    2. Before the Trial Access finishes, User can choose between two types of subscriptions, as follows:
      • Professional subscription (hereinafter, “Professional Subscription”) is a subscription for a single User. Professional Subscription shall have a Cost of one hundred (100) Euros per calendar month or, in case a single payment is made, one thousand (1000) Euros per year.
      • Corporate subscription (hereinafter, “Corporate Subscription”) is a subscription for Users registered under same company). Corporate Subscription shall have a Cost of one hundred (100) Euros per month or, in case a single payment is made, one thousand (1000) euro per year for the first User. Every following User shall have a cost of fifty (50) Euro per month or, in case of a single payment the Cost should amount to five hundred (500) Euros per year.
    3. The payment can also be made in any other currency the User selects and shall be equivalent to the amount specified in Euros in the aforementioned clause.
    4. If Registered User does not choose between those aforementioned subscriptions, the Registered User will become a Visitor.
    5. If the payment is not made prior to the end of the Trial Access, Users Account will be blocked until he decides to choose a subscription and we will collect his payment. In case if Trial Access ended, we will save all User Account information within 3 months. Later they will be permanently deleted from OpenSea.pro files.
    6. We process all payments through blinksale.com API. This application allows Us to prepare relevant invoice for a User. We currently accept the following payment methods: credit/debit card and usual bank transfer. Upon receipt of Your payment, We will confirm Your subscription via e-mail using the e-mail address You provided upon Your account registration.

      Full list of payment methods accepted via Blinksale API can be reviewed here:
      http://www.blinksale.com/tour/

    7. We do not store User’s credit/ debit card details but will save paid periods and relevant invoices (including company’s name and account details)
  9. DATA PROTECTION
    1. As further stipulated in the Privacy Policy, OpenSea.pro acts in accordance and complies with the provisions of EU Directive 95/46/EC. The User’s data will be included in a file owned by OpenSea.pro to manage and control the provision of the Service, as well as to keep the User informed, through electronic means, of OpenSea.pro’s services and news.
    2. OpenSea.pro is located in, intended and directed to Users in the EU. If the User is a resident of a country, state or region outside the EU with laws or regulations governing personal data processing different from EU laws and regulations, You are hereby advised that through your continued use of the Website and Service, which are both governed by law of Scotland, this Terms and Conditions and our Privacy Policy, you are transferring your personal information to the EU and you expressly consent to such transfer as well as for the consent to be governed by the laws of Scotland for these purposes.
    3. The User may exercise their rights of access, request correction, erasure and objection or revoke their consent for receipt of such commercial communications by sending an e-mail to: support@opensea.pro
    4. OpenSea.pro undertakes:
      • Not to apply or use the personal data accessed for purposes other than mere provision of the Service or assign them, even for safekeeping, to other unauthorised persons.
      • Not to subcontract the processing of data to third parties without the User´s express written consent. The User acknowledges and agrees that the Service is hosted by Amazon EC2
      • To maintain professional secrecy concerning the data processed during and after the duration of the Service.
      • To take all necessary technical and organisational steps to guarantee the security of your personal data and prevent their alteration, loss, processing or unauthorised access.
      • To transfer the obligations referred to in this clause to the personnel that OpenSea.pro uses to provide the Service.

      User’s data may be disclosed to public authorities in case it may be requested by legal investigation only.

      For our Privacy Policy, please see it.

  10. USER DISPUTES
    1. The Users shall be solely responsible for User’s actions and interactions on the Website or while using the Service. At no time shall the OpenSea.pro be held liable for, involved in resolution of, or asked for compensation with regard to, any kind of dispute between any two or more Users’s.
    2. OpenSea.pro hereby reserves the right to terminate the User Account of Users who have, due to their public display of dispute, tarnished the image and popularity of the Website or the Service or whom OpenSea.pro reasonably believe that may do so in future.
    3. OpenSea.pro is not a party to any User transaction, dealing or dispute. In any event of a dispute arisen between any two Users each User releases OpenSea.pro, its agents, affiliates and employees from any claims, demands and damages, whether actual or consequential or any kind and nature, known or unknown, suspected or unsuspected, disposed and undisclosed, arising out of or in any way connected with such disputes.
  11. OBLIGATIONS AND UNDERTAKINGS OF OpenSea.pro
    1. OpenSea.pro undertakes to provide the User with the Services according to the highest standards of professional ethics and good faith at all times. OpenSea.pro hereby grants the User a:
      • Permission to create, maintain and operate the User Account via the Website.
      • Permission to interact, post comments, input hyperlinks to corporate websites, publish, share and upload Open Positions and data in connection with Services to be shared with other Users..
    2. OpenSea.pro will put its best endeavours to provide the User with a high quality Service according to general commercial standards and policies of OpenSea.pro. Notwithstanding that, OpenSea.pro shall not be held liable for any loss or damage due to the unavailability of the Website or Service, its servers, software or any other material related to the Website or the Service.
    3. Nothing within this section shall be deemed to give rise to any liability on the part of the OpenSea.pro.
  12. OBLIGATIONS AND UNDERTAKINGS OF THE USER
    1. User represents and warrants that their use of the Website will be in strict accordance with the OpenSea.pro’s Privacy Policy, with these Terms and Conditions and with all applicable laws and regulations (including without limitation any local laws or regulations in the User’s country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside).
    2. By using the Services, the User shall, at all times:
      • Use the account in a lawful and ethical manner, which shall not be in conflict of the intent and purpose of the Service.
      • Refrain from carrying out any activity that violates any term of the Privacy Policy, Cookie Policy or Terms and Conditions.
      • Refrain from using the User Account to propagate hatred, disaffection or discontent among the local government or using our services for any political purpose.
      • Report to Us any violation of the Privacy Policy and Terms and Conditions.
      • Refrain from using abusive, obscene, defamatory, demeaning, libellous, threatening and offensive language while using the Service.
      • Refrain from using the User Account to hurt religious sentiments of any person. No content shall be sexually, racially, regionally or in any way objectionable.
      • Refrain from initiating or indulging in any activity that aims at disrupting, harming, overburdening of our system servers, computers and technical resources that have been employed to provide the User with Our services or facilitate the same.
      • Refrain from attempting to gain any access to OpenSea.pro´s databases, User files and folders at any time.
      • Refrain from attempting to gain unauthorised and unlawful access to User Accounts registered by other Users to access the Services.
      • Refrain from collecting and using personal information of other Users without Our and User’s express permission.
      • Refrain from submitting false or misleading information to Us.
    3. The User shall, at no point of time:
      • Use this service to commit or facilitate a crime;
      • Infringe or attempt to infringe the intellectual property rights of the OpenSea.pro or any third parties.
      • Take part or initiate an activity that will or have the potential to harm the commercial, business, technical or any related interests of the Website or OpenSea.pro.
      • Use the Services in any way to promote his commercial interests or commercial interests of another party who is engaged in a similar business and is deemed by us to be a rival company to Our business.
    4. OpenSea.pro has a right, but is not obliged, to remove any, whether fully or partially, reported content, which might be deemed to be in violation of any law of the aforementioned policies when posted, shared or otherwise made available by the User.
  13. SUSPENSION AND TERMINATION OF ACCOUNTS
    1. OpenSea.pro reserves the right to suspend, temporarily restrict, limit, alter, modify or permanently terminate User Account under following conditions:
      • When We sincerely and reasonably believe that or suspect that your activities are in violation of the Terms and Conditions and Privacy Policy or any related rule or guidelines released by Us at any point of time.
      • When We sincerely and reasonably believe that or suspect that User’s activities directly threaten or harm the commercial or any related interest of OpenSea.pro.
      • When We sincerely and reasonably believe or have grounds to believe that User’s activities on the Website may give rise to legal disputes or liabilities for OpenSea.pro.
      • When User´s activities in the past have created or invited legal liabilities for OpenSea.pro.
      • When We sincerely believe, suspect or have evidence that User’s activities on the Website have infringed the intellectual property rights, whether OpenSea.pro’s rights or of third parties.
      • When We sincerely believe, suspect or have evidence that User’s activities concerning dispute with another User have tarnished or might tarnish the images and goodwill of the Website and the Service.
    2. Termination of account includes denial of access by the user to the user account, removal of any content that the user have posted, including the open positions and deletion of user account.
    3. Opensea.pro shall not be held liable for or shall be bound to pay any amount of compensation, benefit- monetary or non-monetary, refund etc. for any action under this section related to suspension or termination of a user account.
    4. Registered User reserves the right to terminate or delete its User Account without any prior notice to Us by following the procedures given on the Website. After erasure of the User Account all information provided via the User Account will be stored for a period of three months by OpenSea.pro and the User Account will be available for reactivation. Upon the expiry of the three-month period the information will be permanently deleted. Reactivation of the User Account will be done by submitting a request to support@opensea.pro from the registered email.
  14. THIRD PARTIES APIs AND HYPERLINKS
    1. This Website might contain third party hyperlinks and APIs operated by parties other than  OpenSea.pro, such as but not limited to LinkedIn (for automatic sign-in to our web-service), Paypal and Stripe (for payment processing),  Mandrill API (with the help of Mandrill all our users will be able to distribute their open positions to counter-parties (recipients) who are not registered on the Website),  Google Maps API (for visualisation of open positions on the world map), Zopim API (for customer support) and Blinksale API(for billing and invoicing purposes). Please see the relevant Websites for Linkedin, Mandrill API, Google Maps API and Blinksale API for more information regarding their Terms and Conditions and Privacy Policies.
    2. OpenSea.pro is not responsible for the availability of these external APIs and hyperlinks, any of its contents, advertising, products, or other materials. Any inclusion of hyperlinks to such websites does not imply any endorsement of the material on such API or any association with their operators. Under no circumstances shall OpenSea.pro be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such API. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
    3. OpenSea.pro may share information with third party hyperlinks and APIs.
  15. SECURITY AND REPORTING
    1. User agrees that User is responsible for keeping the specified password to User Account secret. OpenSea.pro advises that User should change the specified password regularly and use a password that is not easy for others to guess. OpenSea.pro shall not be held responsible or liable for any third party access to User Account that results from sharing by the User, theft or misappropriation of User’s Login Details. OpenSea.pro reserves the right to suspend User’s access to the Website or terminate User Account without any prior notification if we suspect an unauthorised person is attempting to access it.
    2. User also agrees to tell us immediately about:
      • any violation of these Terms and Conditions by other Users of which you become aware;
      • any known or suspected unauthorised access to User Account.
  16. LIMITATION OF LIABILITY
    1. Opensea.pro shall not be liable under this agreement for any indirect, special, incidental, punitive or consequential damages, including, but not limited to, damages for loss of goodwill, work stoppage, computer failure or malfunction, lost or corrupted data, lost profits, lost business or lost opportunity, or any other similar damages under any theory of liability, whether in contract, tort, strict liability or any other theory, even if the other party has been informed of this possibility. user assumes all responsibility for the selection of the subscription services, software and documentation necessary to achieve user’s intended results, and for the use and results of the subscription services or work product.
    2. Opensea.pro shall not be held liable to either party unless the loss or damage incurred arises due to opensea.pro’s negligence. user shall not be held liable to either party unless the loss or damage incurred arises due to user’s negligence.
    3. User agrees and understands that any transactions, interactions, dealings or relationships with other users facilitated through the service, conditions, warranties and representations associated with such dealings are carried out solely between the users regardless of whether opensea.pro acts as an intermediary for user communication.
    4. Any transaction or dealings between users are entered into on the sole responsibility of these users. users agree that they will make whatever investigation they deems necessary or appropriate before proceeding with any transaction or dealing with any other user as opensea.pro disclaims all liability in such respect up to the extent permissible by law.
    5. In no event shall OpenSea.pro be held liable for any harm, loss or damage resulting from User’s relationships and agreements with other Users and/ or any third parties, as set forth in the agreement. The provisions set forth in this clause shall extend to third party services and products You might have been directed to via any third party links, whether posted by Us or any other User.
  17. INDEMNIFICATION
    1. User agrees to indemnify and hold OpenSea.pro, our employees, our officers, and our agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from User’s use of the Website and the Service or from User’s violation of this agreement or any third party’s rights including but not limited to, copyright, property, and privacy rights.
    2. This indemnification and hold harmless obligation shall survive the termination of this agreement.
  18. DISCLAIMER OF WARRANTIES
    1. User acknowledges that the website and the service is provided on “as is” or “as available” basis without warranty of any kind whatsoever; opensea.pro, its suppliers, licensors and affiliates hereby disclaim, to the fullest extent permitted by law, all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement or proprietary rights, security, reliability, accuracy, website performance and the services. opensea.pro, its employees, affiliates, service providers make no warranty as to the website and the entire risk is with the user. we make no warranty or guarantee that the contents of the site are complete, error-free, or that the site will operate in a manner that is secure (unless otherwise indicated), uninterrupted or error-free, or that the site is or will be maintained free of viruses or other harmful code. it is your responsibility to take any and all precautions to ensure that the information you access and use from the site is free of such items as viruses, worms, trojan horses and other items of a destructive nature. changes may be made to the contents and software on the site, and the products and services described within or offered on the site, at any time without notice. we use reasonable efforts to include accurate and up to date information on the site. we are not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; or incomplete, garbled or delayed computer transmissions.
    2. Neither OpenSea.pro nor its suppliers, licensors or affiliates, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
    3. OpenSea.pro disclaim any and all warranties for other services or goods received through, advertised on or accessed through any links on the Website.
  19. ELECTRONIC AGREEMENT. NOTICE

    You understand and agree that OpenSea.pro operates its system electronically and, therefore, We may provide You with required notices and terms electronically, either by sending an e-mail to the address that You have provided to Us, or by posting a notice on the Website. By using the Website or registering with Us, You represent that You have the necessary equipment, software and internet access to read, review, print and store any terms or notices that We provide. You acknowledge that these Terms and Conditions may not be denied legal effect or enforceability solely because these Terms and Conditions were formed electronically.

  20. FORCE MAJEURE

    We maintain that we shall not be held liable for any failure or departure from any duty laid down in Section 11 which has happened due to circumstances beyond our reasonable control which includes, but is not limited to, natural disasters like flood, earthquake, acts of God, war, terrorism, religious and other riots, economic and technological embargos etc.

  21. COMPLAINTS

    User who experiences a problem with the Service provided by the OpenSea.pro should raise the matter directly to the OpenSea.pro via the form of contact provided at the Website. OpenSea.pro will put its best endeavours, but is at no time obliged to, resolve the matter in question to the satisfaction of the User.

  22. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION

    These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Scotland. Disputes between the parties arising out of these Terms and Conditions or in connection to the Services shall be submitted to the exclusive jurisdiction of the courts of Scotland.

    In the event of any claim, immediate notice must be given to the OpenSea.pro (at support@opensea.pro) within seven (7) working days following the discovery of the facts or within thirty days as per date of completion of the Service.

    Nothing in these Terms and Conditions shall prevent Us from approaching a competent court for appropriate relief that may include, but is not limited to, interim relief, monetary relief, injunction, or restitution.

  23. SEVERABILITY

    Every clause of these Terms and Conditions is deemed lawful, unless it is otherwise declared by a competent court. If any of the clauses or sections of these Terms and Conditions is declared void or without effect, in whole or in part, by a competent court, it shall only affect that provision or the part thereof that is void or without effect. These Terms and Conditions of use shall remain in force with regard to the rest and the provision shall be treated as if it were not included in whole or in part.

  24. WAIVER

    No failure of either party to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.

  25. NOTIFICATIONS

    Any question or suggestion regarding the Terms and Conditions shall be forwarded to support@opensea.pro.