Terms of use

Effective 17th Feburary 2009

1. General. Welcome, and thank you for visiting FishSource.com. Please read these Terms of Use (“Terms”) carefully before using this Site. These Terms set forth the terms and conditions of a license for you to use FishSource.com (hereinafter referred to as the “Site”). By accessing and/or using any information of this Site, you consent and agree to comply with both these Terms and the terms and conditions of FishSource’s Privacy Policy, which are published at http://www.fishsource.org/site/about/privacy, 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 household or your institution and is not transferable to any other person or entity. From time to time, the Sustainable Fisheries Partnership (hereinafter referred to as “SFP”) may modify these Terms. Accordingly, you are advised to continue to review these Terms whenever accessing or using this Site, since any use by you after any such changes, modifications, or additions shall continue to be governed by the current Terms. If you do not agree to these Terms, do not use this Site.
2. Usage. 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 or commercial purposes and in accordance with these Terms, provided that you do not alter or remove any copyright symbol or other identification concerning authorship of any of the materials contained on or otherwise made available to you through in this Site. Material provided by this Site which is copyrighted by parties other than SFP and which is reproduced in this Site is governed by the terms and conditions of the copyright holder. Material copyrighted by parties other than SFP is acknowledged and credited in this Site wherever possible. All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to “FishSource,” are proprietary to SFP or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
3. User Submitted Information. You must exercise caution, good sense and sound judgment in using this Site. You are responsible for any material you transmit to or through this Site or to us through email. You agree, represent and warrant that any information you transmit to or through this Site or to us through email is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. The information available on the Site comes from publicly available sources and as such, you must transmit only publicly available, non-confidential and non-proprietary information to this site. Certain information submitted by you, or otherwise collected from you, is subject to SFP’s Privacy Policy, available on this Site at http://www.fishsource.org/site/about/privacy.
4. Security. You are prohibited from violating, or attempting to violate, the security of this Site. 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.
   As a registered user of the Site, you may 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 information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify SFP 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.
5. Other Prohibited Activities. In using this Site, you must also 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;
• Misrepresent your identity or affiliation in any way;
• Restrict, discourage 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;
• 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;
• 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;
• 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;
• 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; or
• Assist or permit any persons in engaging in any of the activities described above.
6. Disclaimer of Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY AND ALL USE OF THIS SITE IS AT YOUR SOLE RISK. 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 PROVIDED TO YOU THROUGH THIS SITE ARE PROVIDED SOLELY AS A RESOURCE AND CONVENIENCE TO YOU. SUCH HYPERLINKS TO OTHER SITES ARE NOT AN ENDORSEMENT BY SFP OF THOSE SITES. SFP OFFERS NO WARRANTY, EITHER EXPRESS OR IMPLIED, FOR THE ACCURACY, RELIABILITY, OR CONTENT OF SUCH INFORMATION, TEXT, GRAPHICS, AND HYPERLINKS. SFP HAS NOT TESTED ANY SOFTWARE LOCATED ON OTHER SITES AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE QUALITY, SAFETY, RELIABILITY OR SUITABILITY OF SUCH SOFTWARE.
   The Materials in this Site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SFP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SFP does not warrant that thIS SITE OR the materials will be error-free, that defects will be corrected or that this Site or the server that makes it available are free of viruses or other harmful components. SFP does not make any representations or warranties regarding the use or the results of the use of the Materials in this Site in terms of their correctness, accuracy, reliability or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
7. 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 compensatory, punitive, special or consequential damages that result from the use of, OR THE INABILITY TO USE, THIS SITE OR the materials ON IT, even if SFP or aN SFP authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
   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.
8. 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; or (iii) anyone having access to this Site by means of your Account.
9. 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 license to use this Site and any content or other material contained therein. The provisions of Section 6, 8, 10 and 12 shall survive any termination of these Terms.
10. 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 the State of California and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Site in the federal and state courts of San Francisco County in the State of California. You 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 Sustainable Fisheries Partnership. 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.
11. Copyright Agent. If you believe that your copyrighted work has been infringed through this Site or any services available by SFP through this Site, please forward 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 authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Our Copyright Agent is:

      Copyright Agent
      c/o Sustainable Fisheries Partnership
      Pesona Khayangan Depok Blok AG NO. 6
      Depok Jakarta
      Indonesia
    

12. Miscellaneous. 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. The provisions of these Terms shall inure to the benefit of SFP, its affiliates, and its third-party content providers and licensors. No waiver by any party hereto of any of the provisions hereof or of any breach or other default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 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. If you have any questions or complaints regarding these Terms, please submit your questions or complaints to:

            Sustainable Fisheries Partnership
            Pesona Khayangan Depok Blok AG NO. 6
            Depok Jakarta
            Indonesia
          

    We will endeavor to respond to you promptly.