Last Modified: October 10, 2016
SkyTruth reserves the right, at its sole discretion, to modify, add or delete portions of, or otherwise change, these Terms at any time without notice to You by posting the changed Terms on the Site. All changes shall be effective immediately upon posting. Please check these Terms periodically for changes. Your continued use of the Services after the posting of changes constitutes Your binding acceptance of such changes.
Using Global Fishing Watch
- Prohibited Uses. As a condition of Your use of the Site and the Services, You warrant to SkyTruth that You will only use the Services for a lawful purpose and one that is not prohibited by these terms, conditions or notices. You may not use the Services in any manner which could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of he Services. Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable content in the jurisdiction in which You are visiting the Site.
- Sole Responsibility. You are solely responsible for any and all acts and omissions that occur under Your account, and You agree not to engage in unacceptable use of the Site or the Services, which includes, without limitation, use of the Site or the Services to:
- interfere, disrupt, or attempt to gain unauthorized access to other accounts or any other computer network;
- disseminate, store or transmit viruses, trojan horses, or any other malicious code or program; or
- engage in any other activity deemed by SkyTruth to be in conflict with these Terms (including any Third Party Provider terms referenced in Section 2 below).
- Indemnity. You agree to indemnify, hold harmless and, at SkyTruth’s request, defend SkyTruth and its subsidiaries, affiliates, officers, agents, partners and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content You submit to, post to, or transmit through the Site or the Services, Your use of the Site or the Services, or Your violation of these Terms.
- Acknowledgments. The Site allows You to access and view a variety of content, including but not limited to map and vessel data, and other related information provided by SkyTruth and its partners, licensors and/or users of the Site or the Services. You understand and agree to the following with respect to all content made available by or through the Site:
- that map data and related content are provided for informational purposes only, and SkyTruth makes no warranties regarding the same;
- that the information on the Site is not updated in real-time, and therefore the map results may not be accurate;
- SkyTruth assumes no responsibility for Your use of or actions in reliance on the information contained on the Site; and therefore, You should exercise judgment in Your use of all content made available by or through the Site, including but not limited to, seeking independent verification of the factual information provided on the Site.
- Reservation of Rights. SkyTruth reserves all rights not expressly granted to You. The use of the Site, including its software, services, maps and other content, is only licensed to You and such license is non-transferable. In no event may You copy, loan, rent, time-share, sublicense, assign, transfer, lease, sell or otherwise dispose of the SkyTruth Site’s software, maps, or other content on a temporary or permanent basis except as expressly provided herein. These Terms shall benefit SkyTruth and its successors and assigns. You may not, or permit any third party to, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code from the Site’s software. All logos and product names appearing on or in connection with the Site are proprietary to SkyTruth or its licensors and/or suppliers. You agree never to remove any proprietary notices or product identification labels from the Site’s software, maps, and other content, if applicable.
Third Party Terms
GFW incorporates data and information from, and is delivered using technologies supplied by, third party suppliers to SkyTruth (“Third Party Providers”). In addition to the terms contained herein, You are responsible for reviewing and complying with the applicable use provisions found in the terms of such Third Party Providers. Below are links to the Third Party Provider terms. Your continued use of this Site indicates your acceptance of the Third Party Provider terms set forth therein.
SkyTruth, Oceana, Google, the term “Global Fishing Watch,” and all related names, logos, product and service names, designs and slogans are trademarks of SkyTruth or its partners. You must not use such marks without the prior written permission of SkyTruth or its partners, as applicable.
All other materials displayed or performed on the Site, including, but not limited to text, graphics, maps, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations are the property of SkyTruth and its partners and are protected by United States and international copyright laws.
This Site currently does not allow You to submit content. This policy will be revised to reflect terms for the submission of content prior to enabling that feature.
Disclaimers of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SITE, AND ITS SOFTWARE, SERVICES, MAPS AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, IS AT YOUR OWN RISK. THE SITE, AND ITS SOFTWARE, SERVICES, MAPS AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SKYTRUTH NOR ANY PERSON ASSOCIATED WITH SKYTRUTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, AND ITS SOFTWARE, SERVICES, MAPS AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SKYTRUTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability and Damages
- Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SKYTRUTH OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SITE, INCLUDING SOFTWARE, SERVICES, MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF SKYTRUTH OR A SKYTRUTH-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF SKYTRUTH OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100 USD).
- Savings Clause. CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON CERTAIN DAMAGES AND LIABILITIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Digital Millennium Copyright Act Compliance
If You are a copyright owner or an agent thereof, and believe that any Site content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (as defined below) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the exact location on the Site of copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works as located on the Site;
- The address, telephone number and electronic mail address of the complaining party
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
- Your electronic or physical signature (as appropriate).
- These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, U.S.A., excluding its conflict of laws provisions. You agree that any action at law or in equity arising out of or relating to these Terms or SkyTruth shall be filed only in the federal court in and for the State of Virginia, U.S.A., and You hereby consent and submit to the exclusive personal jurisdiction and venue of such court for the purposes of litigating any such action. The parties hereby exclude application of the U.N. Convention on Contracts for the International Sale of Goods from this Agreement and any transaction related thereto.
- A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of SkyTruth to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- If any provision of these Terms shall be 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. You agree that no joint venture, partnership, employment or agency relationship exists between You and SkyTruth as a result of these Terms or use of SkyTruth. You further acknowledge no confidential, fiduciary, contractually implied or other relationship is created between You and SkyTruth other than pursuant to these Terms.
- You must fully comply with all applicable export laws, including U.S. law, and must not directly or indirectly export any computer hardware, software, technical data or derivatives of such hardware, software or technical data (“HSoTD”), or re-export, or permit the shipment or transfer of same: (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country, destination or person to which HSoTD would be prohibited by the United States, such as, but not limited to, anyone on the U.S. Treasury Department’s List of Specially Designated Nationals, List of Specially Designated Terrorists or List of Specially Designated Narcotics Traffickers, or the U.S. Commerce Department’s Denied Parties List; or (ii) to any country or destination for which the United States requires an export license or other approval for export without first having obtained such license or other approval.
- The Agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous written or oral agreement or understanding with respect to its subject matter.
- You understand and acknowledge that this Beta Version of Global Fishing Watch is considered proprietary and confidential by SkyTruth and you agree not to provide your login credentials, screenshots, screensharing or any information about the Global Fishing Watch Beta Version to any third party.
Your Comments and Concerns
The Site is operated by SkyTruth, P.O. Box 3283, Shepherdstown, WV 25443. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to firstname.lastname@example.org.