Terms of use

Effective 3^rd February 2020

1. General. Welcome, and thank you for using FishSource. Please read these Terms of Use (“Terms”) carefully before using this Site. These Terms set forth the terms and conditions for you to use FishSource (hereinafter referred to as the “Site”). By accessing and/or using any information of this Site, you consent and agree to comply with these Terms and the terms and conditions of the Site’s Privacy Policy, which are published here, and which are incorporated herein by reference. The rights and obligations concerning the use of this Site in accordance with these Terms is personal to you, to members of your institution and is not transferable to any other person or entity. The Sustainable Fisheries Partnership (hereinafter referred to as “SFP,” “we,” or “us”) may modify these Terms at any time at our sole discretion. SFP will provide you with thirty (30) days written notice prior to implementing any material modification, as determined by SFP in its sole discretion If you continue to use the Site after changes are posted you will be deemed to have accepted the change. If you do not agree to these Terms, do not use this Site.

2. Compliance with Applicable Laws. As a condition of your access to and use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these Terms.

3. Registration and Security. To register for the Site, you will create login credentials by providing an email address to us and by selecting a password. You also provide us with certain information during the registration process, which you agree to keep accurate and updated. As a registered user of the Site, you will receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account login credentials to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, including use of the Account by any third party authorized by you to use your login credentials, and you agree to immediately notify SFP after you become aware of any unauthorized use of your Account or any other breach of security. SFP shall not be responsible for any losses arising out of the unauthorized use of your Account, except to the extent such unauthorized use is caused by SFP.

   You are prohibited from violating, or attempting to violate, the security of this Site or our network. Any such violations may result in criminal and/or civil penalties against you. SFP will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

4. Other Prohibited Activities. You may not access or use, or attempt to access or use, the Site to take any action that could harm us or any third party, interfere with the operation of the Site, or use the Site in a manner that violates any laws. For example, and without limitation, you may not:

   • Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind;
   • Make use of the Site in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including intellectual property rights;
   • Misrepresent your identity or affiliation in any way;
   • Restrict or inhibit any person from using this Site, disclose personal information on this Site or obtained from this Site or collect information about users of this Site;
   • Access parts of the Site to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Site;
   • Gain unauthorized access to this Site to other users’ names or personally identifiable information, or to other computers or websites connected or linked to this Site;
   • Knowingly launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
   • Knowingly send or otherwise transmit to or through this Site or to us through email chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
   • Knowingly transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
   • Violate any applicable laws or regulations when accessing or using this Site; or
   • Assist or permit any persons in engaging in any of the activities described above.

   SFP reserves the right to monitor your use of the Site to determine compliance with these Terms. We may investigate violations of these Terms and may work with law enforcement to prosecute users or others who violate these Terms. We may also share information with system administrators at other systems in order to assist them in resolving or preventing potentially related security incidents. We reserve the right to terminate your access to the Site if you are suspected of violating these Terms.

5. Copyright This Site contains copyrighted material and/or other proprietary information and thus is protected by copyright laws and regulations worldwide. SFP hereby grants you a license to freely use, download and print the materials contained in this Site for non-commercial purposes and in accordance with these Terms, provided that you do not alter or remove any copyright, trademark, or other proprietary content, notice or symbol contained on the materials or otherwise made available to you through this Site. Material provided by this Site that is copyrighted by parties other than SFP and that is reproduced on this Site is governed by the terms and conditions of the copyright holder. We take steps to ensure that material copyrighted by parties other than SFP that appear on this Site is acknowledged and credited on this Site.

   Just as SFP requires users to respect our copyrights and those of our affiliates, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been infringed through this Site or any services available by SFP through this Site, please provide the following information in writing to our Copyright Agent named below:

   • Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number and email address;
   • Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works through the Site or its services are covered by the notice, identify a representative list of such works;
   • Identify the material that you claim is infringing, or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
   • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
   • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; and
   • A statement by you, made under penalty of perjury, that the information provided in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of the copyright that is allegedly infringed.

   Our Copyright Agent is: Sustainable Fisheries Partnership Foundation, 4348 Waialae Ave, #692, Honolulu, HI.

6. Trademarks. All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to “FishSource” and “Sustainable Fisheries Partnership,” are proprietary to SFP or to other companies where so indicated, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Side confers on you any license or right under any patent or trademark of SFP, its licensees and affiliates, or any third party.

7. User Submitted Information. You are responsible for any material you transmit to or through or for this Site. You agree, represent and warrant that any information you transmit to or through or for this Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information.

8. Limited Warranty and Disclaimer of Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY AND ALL USE OF THIS SITE IS AT YOUR SOLE RISK. SFP WARRANTS THAT THE SITE SHALL PERFORM AS REPRESENTED BY SFP TO ITS CUSTOMERS. SFP FUTHER WARRANTS THAT IT SHALL MAINTAIN ADEQUATE TECHNICAL AND PROCEDURAL ACCESS CONTROLS AND SYSTEM SECURITY REQUIREMENTS AND DEVICES, IN CONNECTION WITH THE SITE AND ANY SERVICES OFFERED BY SFP NECESSARY FOR CONFIDENTIALITY, AUTHORIZATION, AUTHENTICATION AND VIRUS DETECTION AND ERADICATION. EXCEPT AS PROVIDED HEREIN, NEITHER SFP, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ACCESS TO AND USE OF THIS SITE WILL BE FREE FROM INTERRUPTIONS OR FREE FROM ERRORS; NOR DO THEY OFFER ANY WARRANTY FOR THE RESULTS THAT MAY BE OBTAINED FROM USE OF INFORMATION OBTAINED THROUGH THIS SITE, OR FOR THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THIS SITE.

   YOU FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT INFORMATION, TEXT, GRAPHICS, AND HYPERLINKS TO THIRD-PARTY SITES (“LINKED SITES”) PROVIDED TO YOU THROUGH THIS SITE ARE PROVIDED SOLELY AS A RESOURCE AND CONVENIENCE TO YOU. SFP OFFERS NO WARRANTY, EITHER EXPRESS OR IMPLIED, FOR THE ACCURACY, RELIABILITY, OR CONTENT OF SUCH INFORMATION, TEXT, GRAPHICS, AND LINKED SITES. SFP DOES NOT ENDORSE, SPONSOR, RECOMMEND, OR OTHERWISE ACCEPT RESPONSIBILITY FOR ANY LINKED SITES. SFP HAS NOT TESTED ANY SOFTWARE LOCATED ON OTHER THIRD-PARTY SITES AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE QUALITY, SAFETY, RELIABILITY OR SUITABILITY OF SUCH SOFTWARE.

   EXCEPT AS PROVIDED HEREIN, THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SFP DISCLAIMS ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, AND (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE. FURTHER. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. Limitations on Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SFP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS ON IT, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SFP OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SFP’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

   You acknowledge and agree that the delivery system used for this Site, i.e. the “Internet” and the “World Wide Web,” are unpredictable and may occasionally impede access to this Site. You acknowledge and agree that SFP is in no way responsible to you in any way whatsoever for any interference with your use of or access to this Site and you expressly waive and forever release any and all claims against SFP in connection therewith.

10. Indemnification. By using this Site, you agree to defend, indemnify, and hold harmless SFP, its affiliates and respective directors, officers, employees, contractors, and agents from and against all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with this Site, including your use of any information or other contents accessed from the Site or any submission that you make or cause to be made to the Site; or (iii) anyone having access to this Site by means of your Account.

    We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

11. Termination. Either you or SFP may terminate the agreement under these Terms at any time, effective immediately, with or without prior notice to the other party. Termination of the agreement under these Terms automatically terminates your right to access or use this Site and any content or other material contained therein. The provisions of Sections 8 (Limited Warranty and Disclaimer of Warranty), 9 (Limitations on Liability), 10 (Indemnification), 12 (Governing Law, Disputes) and 13 (Miscellaneous) shall survive any termination of these Terms. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

12. Governing Law; Disputes. By choosing to visit this Site or otherwise provide information to SFP, you agree that any dispute over your use of this Site or these Terms will be governed by the laws of New York and the United States of America. The parties also consent to the adjudication of any disputes arising in connection with our Site in the federal and state courts of New York. The parties also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

    This Site is controlled and operated by SFP. SFP makes no representation that materials in the Site are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.

13. Miscellaneous.

    Entire Agreement. These Terms and any SFP policies relating to your operation and use of this Site constitute the entire agreement and understanding between SFP and you with respect to the subject matter hereof. If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

    No Partnership. The provisions of these Terms shall inure to the benefit of SFP, its affiliates, and its third-party content providers and licensors. You agree that no joint venture, employment, or agency relationship exists between you and SFP as a result of these Terms or your access to and use of the Site.

    No Waiver. The failure of SFP to enforce any provisions of these Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.

    If you have any questions or complaints regarding these Terms, please submit your questions or complaints to [email protected]. We will endeavor to respond to you promptly.