IF You have any questions about these terms of service, please contact MARY SESTRIC AT [email protected] prior to using the Service.
Last Updated: August 30, 2018
These Terms of Service (this “Agreement”) set forth a legally binding contract between You and International Seafood Sustainability Foundation, a Delaware not for profit entity having a place of business at 655 15th Street NW, Suite 800, Washington, DC 20005 (“ISSF” “we,” “our,” or “us”), governing Your access and use of all websites to which this Agreement is posted, including our website located at https://dev.iss-foundation.org/ and all affiliated websites and online databases owned and/or operated by us (collectively, our “Site”), and any related services, technology, processes, and materials, including, but not limited to, content and account related messages (collectively, the “Service”). “You,” “Your,” and “Yourself” mean the person who uses the Service.
1. Your Limited Right To Use the Service. Subject to the terms of this Agreement, and only as long as You fully comply with its terms, You are granted the non-exclusive, non-transferable, revocable, limited, personal license (expressly subject to the limitations below) to access and use the Service solely for Your personal and internal use only, except as otherwise indicated herein. Any rights not expressly granted in this Agreement are expressly reserved by ISSF.
2. Limitations on Use. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Service or any contents, information, data or materials provided through the Service in any manner not expressly permitted by this Agreement or the Service. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer any aspect of the Service, or directly or indirectly permit any third party to use or copy any of the Services. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Service; (ii) attempt to gain unauthorized access to any portion or feature of the Service, including without limitation, the account of any other authorized user or any other systems or networks connected to the Service or to any server used by ISSF or to any of the services offered on or through the Service, by hacking or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Service or any network connected to the Service, or breach the security or authentication measures on the Service, or any network connected to the Service; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Service; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or systems or networks of ISSF or networks connected to the Service; (vi) use any device, software, or routine to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service; (vii) use the Service to harvest or collect e-mail addresses or other contact information; (viii) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Service without the express, separate and prior written permission of ISSF; (ix) create an intact reproduction of a page or pages of the Service into another service; or (x) use the Service in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ISSF.
3. Intellectual Property. The Service and the Site are protected by US and other laws, including copyrights, trademark rights, trade secret, database and other proprietary rights and laws (collectively, the “Intellectual Property Rights”). You acknowledge and agree that: (a) the Intellectual Property Rights are and will remain the sole and exclusive property of ISSF (or its licensors), (b) You do not acquire any ownership rights in or to the Intellectual Property Rights, except as expressly granted in this Agreement, and (c) You will not use the Service in any way other than as expressly permitted in this Agreement or with prior written permission from ISSF. You may not remove any proprietary notices, including copyright and trademark notices, or labels from the Service on any materials accessed through the Service. You may download or copy downloadable items displayed on the Service for personal, non-commercial use only, provided that You maintain and display all copyright, trademark and other notices contained therein. Any photos that you download are further subject to the ISSF Photo Usage Guidelines.
4. Prohibited Activity. Without limiting any other terms of this Agreement, You agree that You will not, under any circumstances:
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON OUR SYSTEM AND THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS SHALL AT ALL TIMES BE OWNED BY AND INURE TO THE BENEFIT OF ISSF.
6. Suspension and Termination. Except as otherwise prohibited by applicable law and without limiting any other provisions of this Agreement or our rights or remedies under applicable law or this Agreement, You agree that ISSF, in its sole discretion, may suspend or terminate Your Account (or any part thereof) and/or Your access to and use of the Service, without notice and liability to You or any third party, at any time and for any reason, including, but not limited to, Your actual or suspected violation of this Agreement or applicable law. Upon any such suspension or termination, Your license to use the Service will immediately be suspended or terminated, as applicable, and ISSF may immediately deactivate or delete Your Account and all related information and files in Your Account, except as otherwise prohibited by applicable law. If You wish to terminate this Agreement, you must delete your Account and stop using the Service.
7. Your Content. You are solely responsible for all content You upload, transmit, post, publish on or through the Service (collectively, “User Content”). By posting User Content on or through the Service, You hereby grant ISSF and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, transmit, perform, distribute, store, modify, sublicense, and otherwise use Your User Content in any way and for any purpose in connection with the Service, and, to the extent permitted by applicable law, You hereby completely and irrevocably waive any moral rights or similar interest(s) with respect to ISSF’s use of Your User Content used by ISSF. The license for User Content granted to ISSF in this Section, and the related waiver of any applicable moral rights, shall survive any termination of this Agreement.
When You post User Content on or through the Service, You represent and warrant that You have the right, power, and authority to post that User Content and grant the license in this Section. You further represent and warrant that by posting such User Content You are not violating any third-party rights of any kind, including, without limitation, any intellectual property rights, rights of publicity, and privacy rights. To the extent Your User Content may be copyrightable, You represent, warrant, and covenant that You are the owner of all the copyright rights to such User Content and that ISSF may exercise the rights to Your User Content granted under this Agreement without any liability or obligation for any payment to You or any third parties.
You agree that You must evaluate, and bear all risks associated with, the use of any User Content uploaded, transmitted, posted, published on or through the Service by others, including any reliance on the accuracy, completeness, or usefulness of such User Content.
Before publishing any User Content on or through the Service, You should keep in mind that other users may view, use, reproduce, or appropriate Your User Content in ways that You may not approve or authorize. All User Content is deemed non-confidential public information in which You should have no expectation of privacy. We cannot be responsible for any third party use or misuse of Your User Content You make available on or through the Service.
ISSF does not wish to receive and will not accept unsolicited ideas or suggestions as a general matter of policy. Any suggestions, feedback, or data that You submit, post, publish, or otherwise publicize on, through, or in connection with the Service are deemed User Content and are governed by this Agreement. You acknowledge that we have no obligation to accept, use, return, evaluate, or consider such ideas or suggestions, and we will be entitled to use and disseminate such ideas and suggestions without restriction and for any purpose whatsoever without acknowledgment or compensation to You or any third party.
8.Fees. ISSF reserves the right to charge for any portion of the Service and to change its fees or subscription rates (if any) from time to time in its sole discretion. Except as otherwise prohibited by applicable law, You are responsible for all charges or debits to any payment method linked to Your Account for use of the Service under Your Account.
9. Our Warranties and Disclaimers; Service is Provided on an “As-Is” and “As-Available” Basis. FROM TIME TO TIME THE SERVICE MAY HAVE BUGS, ERRORS, AND INTERRUPTIONS. ISSF ONLY PROVIDES THE SERVICE ON AN “AS IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISSF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ISSF DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE WILL (A) WILL BE UNINTERRUPTED, TIMELY, OR SECURE, (B) WILL BE FREE OF BUGS, INACCURACIES, OR ERRORS, (C) WILL MEET YOUR REQUIREMENTS, (D) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (E) WILL BE ACCURATE OR RELIABLE.
YOU UNDERSTAND AND AGREE THAT ISSF SHALL BEAR NO RISK WITH RESPECT TO ANY THIRD-PARTY LINKS, SERVICES, OR INFORMATION INCORPORATED INTO, LINKED WITH, OR USED WITH THE SERVICE.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
10. Our Liability.
(a.) Indemnification and Release. You agree to release, indemnify, and hold ISSF, its affiliates, and its and their employees, officers, directors, and agents harmless from any from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to Your violation of this Agreement, applicable law, or any third-party rights or Your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
(b.) Release. If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.
(c.) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, IN CONNECTION WITH YOUR USE OF THE SERVICE (OR INABILITY TO USE OR ACCESS THE SERVICE), ISSF, ITS AFFILIATES, AND ITS AND THEIR employees, officers, DIRECTORS, and agents SHALL NOT BE LIABLE FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFITS, GOODWILL, OR DATA) EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, IN EXCESS OF THE AMOUNT YOU HAVE PAID ISSF IN THE SIX (6) MONTHS PRIOR TO SUBMITTING NOTICE OF YOUR CLAIM OR, IF GREATER, ONE HUNDRED DOLLARS (US$100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
THE INDEMNITY, RELEASE, AND LIMITATION OF LIABILITY REPRESENT A MATERIAL INDUCEMENT FOR ISSF TO PROVIDE THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICE.
(d.) No Liability for Third-Party Websites and Services. The Service may provide, or third parties may provide, links or other access to third-party websites and resources on the Internet. ISSF provides such links and connections for Your reference only. ISSF has no control over such websites and resources, and ISSF is not responsible for and does not endorse such websites and resources. You further acknowledge and agree that ISSF will not be liable, directly or indirectly, for any damages or losses caused or alleged to be caused by Your reliance on any content, events, goods, or services available on any such websites or resources. All dealings You have with third parties found while using the Service are between You and the third party, and You agree that ISSF is not liable for any loss or claim that You may have against such third party. You should review any applicable third-party terms and conditions, including third-party privacy policies, carefully as those terms may apply to Your use of third-party websites and recourses.
12. International Users. While all Services are controlled and operated within the United States, this publication may be distributed internationally and may contain references to services, products, and programs that are not in Your country. These references do not imply that We intend to announce or provide the programs, products, or services in Your country. We make no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If You access or use the Service from a location outside the United States, You are responsible for compliance with applicable laws, including local laws regarding online conduct and content and product use, and policies, and U.S. export laws and regulations.
13.Compliance with Applicable Law. You are solely responsible for ensuring Your use of the Service is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
14. General Terms.
(a.) Governing Law. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles that provide for the application of the law of another jurisdiction.
(b.) Entire Agreement. This Agreement constitutes the entire and sole agreement between You and ISSF with respect to the Service and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Service, whether written, verbal or established, assumed, or inferred by prior use, custom, or practice. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
(c.) Assignment. We may assign, delegate, or transfer any or all of our rights and obligations under this Agreement to any third party at our discretion without any prior notice to You. All Your rights and obligations under this Agreement are personal to You and may not be assigned, delegated, or transferred without our prior written consent (which may be withheld for any or no reason), and any purported assignment that does not satisfy such requirement shall be null and void.
(d.) Force Majeure. ISSF shall not be liable for a failure or delay to perform resulting from causes outside its reasonable control, including, without limitation, natural disasters, war, terrorism, government action/intervention, accidents, strikes, labor issues, geopolitical conflicts, or disruptions to transportation, supplies, power, or network infrastructure.
(e.) Waiver and Severability. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. Any purported waiver must be in a written instrument signed by each of You and ISSF. Except as otherwise expressly provided in this Agreement, if any provision of this Agreement is held to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
(f.) Statute of Limitations. To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to Your use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.