BINDING AGREEMENT

These Terms of Use constitute an agreement (the "Agreement") between you and the Monterey Bay Aquarium Foundation (the "Aquarium," "we," or "us"). This Agreement applies to your use (including purchases) of all websites maintained by the Aquarium, including, but not limited to, www.montereybayaquarium.org and www.seafoodwatch.org, and to any mobile applications that we offer or operate in conjunction with these sites (collectively, our "Online Services").

By accessing, browsing, or using any of the Online Services, you consent to be bound by this Agreement. Therefore, you should read all terms and conditions in this Agreement carefully. If you do not accept any term or condition of this Agreement, you may not use any of the Online Services.

By accessing, browsing, or using the Online Services, you acknowledge and warrant that, in consideration of the Aquarium's willingness to make the Online Services available to you:

  • You have read, agreed with, and will abide by the terms of this Agreement.
  • You are at least 18 years old. OR You are at least 14 years old, you have reviewed this Agreement with your parent(s) or guardian(s) to ensure that you all understand its terms, and both you and your parent(s) or guardian(s) consent to those terms. In addition, if you are a parent or guardian entering into this Agreement on behalf of a minor over the age of 14, you agree and accept full responsibility for your child or ward's use of the Online Services.
  • You will provide true, accurate, current, and complete information about yourself, and if you provide any information that is untrue, inaccurate, not current or incomplete, or if the Aquarium has reasonable grounds to suspect that any of the forgoing is true, your use of the Online Services may be suspended indefinitely.
  • You will review this Agreement and other Aquarium policies posted to the Online Services periodically to be aware of any changes or revisions.

We may, in our sole discretion and without prior notice to you, revise this Agreement, modify any of the Online Services, and discontinue any of the Online Services at any time. We will post any revision to this Agreement to the Online Services, and the revision shall be immediately effective upon such posting. By continuing to access or use the Online Services after any notice of revision, you agree to abide by those revisions.

The terms and conditions of this Agreement are effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of the Online Services. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Online Services with or without notice. You agree that any termination of your access to the Online Services may be effected without prior notice, and that we may immediately deactivate or delete any of your User Content (as defined below) and bar your further access to such User Content. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Online Services.

YOUR PRIVACY

The Aquarium respects your privacy rights and permits you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. The Aquarium's privacy policy is expressly incorporated into this Agreement by this reference.

YOUR CONDUCT

We impose certain standards on your conduct when accessing, browsing, or using the Online Services. Specifically, you shall:

  • Use the Online Services only for lawful purposes;
  • Refrain from transmitting through the Online Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or fraudulent material, or any material that is bigoted or otherwise discriminatory toward any class of persons based upon their race, ethnicity, national origin, gender, sexual orientation, or other legally protected status—including, but not limited to, material that encourages conduct that would constitute a criminal offense, that would give rise to civil liability, or that would otherwise violate any applicable local, state, national or international law;
  • Refrain from transmitting through the Online Services any content that infringes any patents, trademarks, copyrights, trade secrets, or other proprietary or intellectual property rights of any third party;
  • Refrain from using or exploiting any component or aspect of the Online Services for any commercial or non-private purpose;
  • Refrain from accessing the Online Services other than through the interface we provide—including, but not limited to, by using any robot, spider, scraper, or other automated means—or from accessing content or data that you know is not intended for you and that we have not authorized you to access;
  • Refrain from attempting to probe, scan, or test the vulnerability of the Online Services or any associated system or network, from attempting to breach security measures without proper authorization, and from attempting to reverse-engineer, modify, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Aquarium in providing the Online Services;
  • Refrain from interfering or attempting to interfere with any third party's use of the Online Services, including, but not limited to, by submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing," by misrepresenting the source, identity or content of information transmitted via the Online Services, or by using the Online Services to send unsolicited communications to other users;

Any conduct by you that we conclude, in our sole discretion, restricts or inhibits any other user from using or enjoying the Online Services is prohibited. Further, any violation of system or network security may subject you to civil and/or criminal liability.

SITE CONTENT

The Online Services contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively "Aquarium Content") that are protected by copyrights, trademarks, or other proprietary and intellectual property rights. By using or accessing the Online Services, you acknowledge that these rights are valid and protected in all forms, media and technologies existing now or later developed.

Our Intellectual Property Rights

All Aquarium Content is copyrighted as a collective work under the U.S. copyright laws, and the Aquarium owns a copyright in the selection, coordination, arrangement and enhancement of such Aquarium Content. © 2012 Monterey Bay Aquarium Foundation, 886 Cannery Row, Monterey, California 93940, USA. All rights reserved.

Many of the Aquarium's trademarks appear or are used in connection with the Online Services. These trademarks include, without limitation: Monterey Bay Aquarium, Aquaravan, Aquarium Adventures, Conservation Through Education, Free to Learn, Shelf to Shore, Cooking for Solutions, E-QUARIUM, Fishing for Solutions, Flippers, Flukes & Fun, Jellies: Living Art, Mysteries of the Deep, Seafood Watch, Sharks: Myth and Mystery, Shorelines, Splash Zone and design, Vanishing Wildlife and design, Wild About Otters, Hot Pink Flamingos, Mar Y Campo, Ocean's Edge, Cindy's Waterfront, Science Under Sail, The Outer Bay, Underwater Explorers, the circular kelp logo, the fish van logo and the penguin logo (the "Aquarium Marks"). You acknowledge that you may not use any of the Aquarium Marks for any purpose without our express written permission.

We may make certain applications and other software available to you through the Online Services. If you download applications or other software from the Online Services, then these applications and/or software, including, without limitation, all files and images contained in or generated by the same, and all accompanying data (collectively, "Aquarium Apps"), are deemed to be licensed to you by the Aquarium on the following terms: We retain full and complete title to the Aquarium Apps, as well as all intellectual property rights therein, and you receive the limited right, under a perpetual, royalty-free, nontransferable license, to use any Aquarium App in the form, on the terms, and for the purposes that we make that Aquarium App available to you. Your use of Aquarium Apps is subject to all other terms of this Agreement.

Limitations on Your Use of Aquarium Content

You may not modify, remove, delete, augment, add to, publish, transmit or participate in the transfer or sale of Aquarium Content. You may not create derivative works from, or in any way exploit any Aquarium Content, in whole or in part. You may not upload, post, reproduce or distribute in any way Aquarium Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.

To the extent that we allow you, through the Online Services, to obtain and use copies of any Aquarium Content—including, but not limited to, photographs—we grant you a strictly limited, freely revocable, non-transferable, royalty-free license to use said Aquarium Content for private, non-commercial purposes by publishing, posting, or displaying it on your Facebook page.

Links to Third-Party Sites

Occasionally, we may make available in the Online Services a link to a third party's web site. These links will cause you to leave our Online Services for sites or services that are not under our control.

We expressly disclaim any responsibility for and make no guarantees about the accuracy, currency, content, or availability of information found on any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any form of transmission received from any linked site. We provide the links to you only as a convenience and do not endorse any other site or service or its use or content.

We encourage discretion when browsing the internet. Because some sites employ automated search results or otherwise link to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Content that You Generate

When accessing or using the Online Services, you may have the opportunity to post, display, communicate, or otherwise disseminate ("Post") text, images, or other media that you create ("User Content"). You acknowledge that User Content that you Post to or via the Online Services constitutes a non-private communication.

We do not review or screen User Content that you Post, and its presence should not be considered an endorsement by the Aquarium. We make no warranties or representations relating to the accuracy of any opinions, recommendations or other statements made by third parties who have provided User Content to the Online Services through a comment feature of the Online Services or by any other means.

By Posting User Content to or via the Online Services, you thereby grant the Aquarium a perpetual, royalty-free, non-exclusive, unrestricted license to use such User Content for any purpose, commercial or otherwise.

OUR RIGHTS

We may elect to electronically monitor the Online Services and may disclose any User Content, records, or electronic communication of any kind in accordance with our Privacy Policy. If notified of User Content that allegedly does not adhere to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Online Service.

We may terminate your access, or suspend your access to all or part of the Online Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or us.

YOUR COMMUNICATIONS TO US

We would be pleased to hear from you regarding any comments or questions that you have about the Online Services.

Submissions

We welcome your comments regarding content, products and services on the Online Services. We request that you be specific in your comments. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, images or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own, and you hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe. We shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish in the Online Services or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.

Questions and Requests

Any questions regarding the terms of this Agreement or requests for permission to use materials on the Online Services for any commercial or personal purpose should be directed to: equarist@mbayaq.org.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. NEITHER WE, NOR OUR AFFILIATES, ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY, "PROVIDERS"), WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE ONLINE SERVICES.

THE ONLINE SERVICES ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR ANY OTHER PROVIDER SHALL CREATE A WARRANTY.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE ONLINE SERVICES, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ONLINE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ONLINE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE ONLINE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE ONLINE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you transmit through the Online Services, your use of the Online Services, your connection to the Online Services, your violation of this Agreement, or your violation of others' rights.

CALIFORNIA USE ONLY

We control and operate the Online Services from within the State of California. We make no representation that any of the content or services to which you have been given access through the Online Services are available or appropriate for use in other locations. Those who choose to access the Online Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Your use of or access to the Online Services should not be construed as the Aquarium's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

APPLICABLE LAW

Any claim relating to the Online Services shall be governed by the internal laws of the state of California, without reference to its choice of law provisions. Venue for any legal action relating to the products and services provided through the Online Services or the Content shall be Monterey County, California.

GENERAL INFORMATION

This Agreement constitutes the entire agreement between us (you and us) and governs the use of the Online Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Services or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Online Services in a way that constitutes copyright infringement, you may notify us by sending the following information to us pursuant to the Digital Millennium Copyright Act ("DMCA") at equarist@mbayaq.org:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest (the "Complaining Party");
  • A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the material that is claimed to be infringing or to be 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;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address at which the Complaining Party may be contacted;
  • 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; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

These items are required by the DMCA. If your notice fails to comply with all of the requirements, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.