Terms of service | Ski App Android iPhone

1. Maps are downloaded to the device over the internet. Bist LLC will not be held responsible for any costs charged by your carrier for using the data plan.

2. Bist LLC is not responsible if your carrier locks GPS or prevents GPS from being user by third party software. It is user's responsibilty to find out if their carrier allows GPS to be accessed by third party software.

3. Gps Nautical Charts should be downloaded only on blackberry cellphones running OS version equal to or higher than 4.2.

4. Bist LLC will not be held liable for Gps Nautical Charts not operating fully or partly due to the use or misuse of your mobile phone device. This includes any costs incurred should you fail to turn off Bluetooth, Internet roaming etc. Gps Nautical Charts uses GPS/GPRS to operate which runs independently.

5. Bist LLC is not responsible for any data inaccuracy or inconsistency, which may occur from GPS spikes, or obstacles such as buildings,canyons, cloud cover and deep valleys that can interfere with GPS signals.

6. The original source of all data for US is NOAA.

7. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SOFTWARE/SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE/SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIST LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SOFTWARE/SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE/SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SOFTWARE/SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Gps Nautical Charts OR THROUGH OR FROM THE SOFTWARE/SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

8. LIMITATION OF LIABILITY

BIST LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BIST LLC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SOFTWARE/SERVICE. UNDER NO CIRCUMSTANCES WILL BIST LLC'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO BIST LLC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. TRADEMARK INFORMATION

Gps Nautical Charts, the Gps Nautical Charts logo, and other Gps Nautical Charts logos, products and service names are trademarks of Bist LLC. You must not display or use them in any manner.

10. ARBITRATION

Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by Bist LLC to collect fees or recover damages for, or obtain an injunction relating to, Bist LLC's intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Santa Clara, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or Bist LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara, California necessary to protect the rights or property of you or Bist LLC pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

11. GENERAL INFORMATION

Bist LLC may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and Bist LLC and governs your use of the Service, superseding any prior agreements between you and Bist LLC. You also may be subject to additional terms and conditions that may apply when you use other Bist LLC products or services. The TOS and the relationship between you and Bist LLC will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Santa Clara, California. The failure of Bist LLC to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or be forever barred.

12. MODIFICATIONS TO SERVICE

Bist LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. Bist LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

13. INDEMNITY

You will indemnify and hold Bist LLC , and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software/Service, your violation of the TOS, or your violation of any rights of a third party.

14. NOAA RNC® user agreement is included below. You must agree to the NOAA RNC® user agreement to use the NOAA charts. NOAA RNC® user agreement can also be accessed at the following url:

http://www.charts.noaa.gov/RNCs/Agreement.shtml

USER AGREEMENT

By using this website and the NOAA Raster Navigational Charts (NOAA RNC®) distributed here, you acknowledge that you have read, understood, and accepted the terms and conditions stated in this User Agreement. NOAA reserves the right to change this Agreement at any time and without notice. Your use of this website and/or the Raster Navigational Charts available here shall constitute your agreement to be bound by this Agreement and any changes.

1. Description of NOAA Raster Navigational Charts (NOAA RNC®)

The NOAA RNC® distributed here are geo-referenced, full-color images of NOAA's paper nautical charts, published by NOAA in the .BSB format. NOAA updates the RNCs for Notices to Mariners on a weekly basis. They are an official product of NOAA, and meet the S-61 Standard, "Raster Navigational Charts", of the International Hydrographic Organization.

2. Permitted Use

NOAA RNC® are intended to be used in their electronic form only. You may download, use, and redistribute them without restriction, and without payment to NOAA, except as noted herein.

The NOAA RNC® are intended for navigational use. They may be used to meet federal chart carriage regulations published in the Code of Federal Regulations. On November 15, 2005, the regulations were as stated below. These regulations may change, and mariners are advised to check the Code of Federal Regulations for their current status.

1) In December 1998, the International Maritime Organization's Maritime Safety Committee approved amendments to Resolution A.817(19) stating that some ECDIS equipment may operate in Raster Chart Display System (RCDS) mode when the relevant chart information is not available in vector mode (e.g., NOAA ENC). The amendments state that when used in RCDS mode, ECDIS equipment should be used together with an appropriate folio of up-to-date paper charts to meet chart carriage requirements.

2) On May 2, 2001, the United States Coast Guard amended the United States chart carriage regulations to permit government vessels to use electronic charting and navigation systems in lieu of paper charts.

3) On August 15, 2002, the United States Coast Guard issued a statement of policy to bring its regulations into agreement with SOLAS Chapter V (as amended by the changes taking effect July 1, 2002). The policy statement said that, if a ship has an approved ECDIS installed according to SOLAS, Chapter V, the ECDIS will be considered as meeting the ship's nautical chart carriage regulations. The ships that are affected are:
a. U.S.-flagged ships of 150 or more gross tons that engage on international voyages.
b. U.S.-flagged ships certificated solely for service on the Great Lakes and the St. Lawrence River.
c. Foreign-flag ships to which SOLAS, Chapter V, applies that are operating on the navigable waters of the United States.
This policy is not applicable to U.S.-flag ships engaged only on domestic voyages. These ships must continue to comply with existing navigation equipment requirements until the chart carriage regulations are formally amended.

3. Limitations on Use

NOAA RNC® may be redistributed, but redistributed NOAA RNC® are NOT considered official NOAA RNC®, and do not meet federal chart carriage regulations for regulated vessels. This official status attends only to the original downloaded files. NOAA has established a program under which distributors be certified to redistribute NOAA RNC® such that the RNCs will retain their official status and meet applicable chart carriage regulations. The RNC agent agreement can be viewed at http://www.nauticalcharts.noaa.gov/mcd/Raster/dist_require.html.

NOAA RNC® and their geoTIF versions (future) may not be used to print commercial products. Individuals may print the NOAA RNC® or their geoTIF versions for personal use, but the result is not a NOAA chart, and may not be used to meet federal chart carriage regulations.

Copying of the NOAA RNC® to any other server or location for further distribution is discouraged unless the following guidelines are followed: 1) this User Agreement is displayed and accepted by anyone accessing the NOAA RNC®, and 2) a reference to this Web site is included so that anyone accessing the NOAA RNC® is advised of their origin.

If these NOAA RNC® are incorporated into any other product in a form other than as provided by NOAA, the producer of that product assumes full liability and must adhere to conditions described in the paragraph above concerning copying.

4. Warnings

Weekly updates to the RNCs are done on a "best efforts" basis. The timing of their availability is not guaranteed. You are responsible for ensuring that your RNCs are the most current edition and that the most recent updates have been applied.

NOAA RNC® were made by scanning the NOAA paper chart printing materials. Any inaccuracies due to old methods of collecting, processing and displaying data on the paper chart were transferred to the RNCs. As a result, the accuracy of modern positioning systems such as GPS may exceed the positional accuracy of the RNC. The impact of positioning accuracies can be minimized by not zooming an RNC beyond the scale of the original NOAA chart.

While NOAA has accuracy standards for each step in the data collection and chart production process, much of the depth information found on NOAA charts is based on surveys conducted before 1940, the shoreline is more than 20 years old, and paper charts used to be compiled manually. For more information regarding the accuracy of electronic charts, click http://www.nauticalcharts.noaa.gov/mcd/electronic_accuracy.html

5. Trademarks and Copyright

"NOAA ®" and the NOAA ® emblem are registered trademarks of the National Oceanic and Atmospheric Administration.

NOAA RNC® is a trademark of the National Oceanic and Atmospheric Administration.

15. Acknowledgements for charts covering UK & Ireland.

This product has been derived in part from material obtained from the UK Hydrographic Office with the permission of the UK Hydrographic Office, Her Majesty’s Stationery Office.” © British Crown Copyright, 2012. All rights reserved.

16. Notices for derived charts are given below. You must agree to these notices to use the derived charts.

Notice 1
“These images have been produced for leisure and recreational boating and should not be used for any other purpose”
Notice 2
“NOTICE: The UK Hydrographic Office (UKHO) and its licensors make no warranties or representations, express or implied, with respect to this product. The UKHO and its licensors have not verified the information within this product or quality assured it.”

17. Acknowledgements for charts covering Netherlands.

This product has been derived in part from material obtained from the Netherlands and UK Hydrographic Offices with their permission. © Copyright Netherlands Hydrographic Office, 2012. All rights reserved.

18. Notices for derived charts are given below. You must agree to these notices to use these charts.

Notice 1
“THIS PRODUCT IS NOT TO BE USED FOR NAVIGATION”
Notice 2
NOTICE: The Netherlands and UK Hydrographic Offices (NLHO and UKHO) make no warranties or representations, express or implied, with respect to this product. The NLHO and UKHO have not verified the information within this product or quality assured it.

19. Acknowledgements for charts covering Belgium.

20. Notices for derived charts are given below. You must agree to these notices to use these charts.

Notice 1:
[“THIS PRODUCT IS NOT TO BE USED FOR NAVIGATION”]
Notice 2:
“NOTICE: Vlaamse Hydrografie (VH) makes no warranties or representations, express or implied, with respect to this product. The VH and the UKHO have not verified the information within this product or quality assured it.”

21. Acknowledgements for charts covering Iceland.

“This product has been derived in part from material obtained from the Hydrographic Department of the Icelandic Coast Guard and the UK Hydrographic Office with their permission” “© Copyright Iceland Coast Guard Hydrographic Department, 2012. All rights reserved.“

22. Notices for derived charts are given below. You must agree to these notices to use these charts.

Notice 1:
[“THIS PRODUCT IS NOT TO BE USED FOR NAVIGATION”]
Notice 2:
“NOTICE: The Hydrographic Department of the Icelandic Coast Guard (ICG-HD) and the UK Hydrographic Office (UKHO) make no warranties or representations, express or implied, with respect to this product. The ICG-HD and the UKHO have not verified the information within this product or quality assured it.”

23. Notices for derived charts using CHS data are given below. You must agree to these notices to use these charts.

This product has been produced by Bist LLC based on Canadian Hydrographic Service (“CHS”) data, following any minimum standards/guidelines that may have been established by CHS, pursuant to CHS Digital Value-Added Reseller Agreement No 2012-0612-1260-B.
The incorporation of data sourced from CHS in this product shall not be construed as constituting an endorsement by CHS of this product.
This product does not meet the requirements of the Charts and Nautical Publications Regulations under the Canada Shipping Act. Charts and publications issued by or on the authority of CHS, must be used to meet the requirements of those regulations.

24. Acknowledgements for charts covering Germany.

"Manufactured using data supplied by Bundesamt für Seeschifffahrt und Hydrographie (BSH, Federal Maritime and Hydrographic Agency of Germany) [11123/2012-40]"

25. Notices for derived charts using BSH data are given below. You must agree to these notices to use these charts.

"WARNING: Bundesamt für Seeschifffahrt und Hydrographie (BSH) has not verified the information included in this product and does not, therefore, assume any liability for its correctness, or the correctness of data updates made at a later date. Bundesamt für Seeschifffahrt und Hydrographie (BSH) does not guarantee that this product meets national or international requirements concerning the suitability of such products for navigation.

26. Acknowledgements for charts included in Caribbean folio.

27. Notices for charts included in Caribbean folio. You must agree to these notices to use these charts.

28. Acknowledgements for charts included in South Africa folio are inclued below.

Acknowledgement 1
“This product has been derived in part from material obtained from the South African Navy Hydrographic Office and the UK Hydrographic Office with their permission.”

Acknowledgement 2
“© Copyright South African Navy Hydrographic Office, [2012]. All rights reserved.“

29. Acknowledgements for charts included in Croatia folio are inclued below.

Acknowledgement 1
“This product has been derived in part from material obtained from the Hvratski Hidrografski Institute and the UK Hydrographic Office with their permission.”

Acknowledgement 2
“© Copyright Hvratski Hidrografski Institute, [2012]. All rights reserved.“

30. Acknowledgements for charts included in Oman folio are inclued below.

Acknowledgement 1
“This product has been derived in part from material obtained from the National Hydrographic Office, Sultanate of Oman and the UK Hydrographic Office with their permission.”

31. Notices for charts included in Oman folio are included below. You must agree to these notices to use the product.

Notice 1
[“THIS PRODUCT IS NOT TO BE USED FOR NAVIGATION”]

Notice 2
“NOTICE: The National Hydrographic Office, Sultanate of Oman (NHOSO) makes no warranties or representations, express or implied, with respect to this product. The NHOSO and the UKHO have not verified the information within this product or quality assured it.”

32. Acknowledgements for charts included in Estonia folio are inclued below.

Acknowledgement 1
‘This product is derived, in part, from the products and with the permission of the hydrographic office of Estonia(Estonian Maritime Administration).'

33. Notices for charts included in Estonia folio are included below. You must agree to these notices to use the product.

Notice 1
‘WARNING: No National Hydrographical Office has verified the information in this product and none accept liability for the accuracy of reproduction or any modifications made thereafter. No National Hydrographic Office warrants that this product satisfies national or international regulations regarding the use of appropriate products for navigation.’

Notice 2
‘WARNING: The electronic chart is an aid to navigation designed to facilitate the use of authorized government charts, not to replace them. Only official government charts and notices to mariners contain all information needed for the safety of navigation and, as always, the captain is responsible for their proper use.

34. Acknowledgements for charts included in Argentina folio are inclued below.

Acknowledgement 1
“This product has been derived in part from material obtained from the Servicio de Hidrografía Naval of Argentina and the UK Hydrographic Office with their permission.”

35. Acknowledgements for charts included in Malta folio are inclued below.

Acknowledgement 1
“This product has been derived in part from material obtained from the Malta Maritime Authority (MMA) and the UK Hydrographic Office with their permission.”

36. Acknowledgements for charts included in Spain folio are inclued below.

Acknowledgement 1
“This product has been derived in part from material obtained from the Instituto Hidrográfico de la Marina and the UK Hydrographic Office with their permission.”

37. Acknowledgements for charts included in Portugal folio are inclued below.

Acknowledgement 1
“This product has been derived in part from material obtained from the Instituto Hidrográfico of Portugal and the UK Hydrographic Office with their permission.“

38. Acknowledgements for charts included in Latvia folio are inclued below.

Acknowledgement 1
"This product is derived, in part, from the products and with the permission of the Maritime Autohority of Latvia (MAL)".

39. Notices for for charts included in Latvia folio are inclued below.

Notice 2
‘WARNING: No National Hydrographical Office has verified the information in this product and none accept liability for the accuracy of reproduction or any modifications made thereafter. No National Hydrographic Office warrants that this product satisfies national or international regulations regarding the use of appropriate products for navigation.’

40. Acknowledgements: The product contains data from one or more of the following third party sources.

“United States Army Corps of Engineers (USACE)”, “United States Geological Survey (USGS)", "Minnesota Department of Natural Resources", "New York State, Department of Environmental Conservation", "Department of Natural Resources", "Indiana Department of Natural Resources"

The organizations listed above have not verified the product and do not accept liability for its accuracy.

41. Acknowledgements for charts included in Denmark folio are inclued below.

Acknowledgement 1
This product is based on data that are published by Kort & Matrikelstyrelsen Denmark, license number G.6-2012.

42. Notices for for charts included in Denmark folio are inclued below.

Notice 1
"WARNING:No National Hydrographic Office has verified the information in this product and none accepts liability for the acuracy of reproduction or any modifications made thereafter. No National Hydrographic Office warrans that this product satisfies national or international regulations regarding the use of the appropriate product for navigation."