This use agreement (“Terms”) establishes the conditions of access to, and use of information available on OceanSpaces (“OceanSpaces”), a website found at oceanspaces.org. OceanSpaces has been created by the MPA Monitoring Enterprise, a program of the California Ocean Science Trust (“OST”) to steward and share MPA monitoring data and information for diverse users, including decision-makers, managers, scientists and stakeholders, among others. This use agreement is provided to clarify the terms under which system users may interact with OceanSpaces to download and re-use data, contribute content, employ the online applications, and cite content. Use and dissemination of information and data available in OceanSpaces is encouraged, guided by the specific terms in this agreement. Any separate, formal agreement with OST that materially conflicts with this agreement should supersede these Terms.
CHARACTERIZATION OF SITE CONTENT AND ROLES
OST makes every reasonable effort to ensure the integrity of the content that appears on OceanSpaces. However, given the nature of an online community and its associated content, there are limitations to the auditing role that OST may exercise over the content. For the purpose of these Terms, the content may be divided into two separate types:
“Site Content” describes any material, whether verbal, statistical, visual, or logical, that appears on OceanSpaces.
“Data” refers to the raw scientific data collected by those conducting MPA monitoring
As an online community, OceanSpaces offers content that originates from various sources. Some Site Content is contributed by the online community members, while select Site Content may be curated by OST. Yet other Site Content may be syndicated and published on the site, provided by OST partners, related organizations, or other third parties. Given the varied sources for the Site Content, it is not possible for OST to independently verify the validity, quality or significance of submitted information. Therefore, the quality and completeness of information cannot always be guaranteed. While making efforts to ensure the quality and rigor of scientific data, OST cannot take responsibility for any errors that may exist in data provided online.
Visitors to OceanSpaces may fall into one or more categories, depending on the users’ relationship to the website:
“Visitor” – An individual who accesses Site Content by browsing OceanSpaces.
“Site Member” – Any individual who registers and owns an account on OceanSpaces
“Data User” – An individual who downloads Data from OceanSpaces.
“Data Provider” – Any individual or organization that contributes Data to OceanSpaces either via an uploading process, secure transmission, or alternate means.
“Content Steward” – Any individual who possesses the privilege for managing or editing a segment of the Site Content.
To be eligible to contribute to or download data from OceanSpaces, you must join the online community, after which time you will become a Data User. Data Providers and Content Stewards are assigned at the discretion of OST. OST also retains the right to modify the privilege level(s) for each role.
All users, regardless of role, must agree to the Terms specified in this agreement. If you find yourself unable to abide by these Terms as they are expressed, then you may terminate your relationship with OceanSpaces by no longer visiting the site.
The Site is controlled, operated and administered by OST from offices within the USA. If you access OceanSpaces from a location outside the USA, you are responsible for compliance with all US laws. You agree that you will not use OST content accessed through the OceanSpaces in any country or in any manner prohibited by any applicable US laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless OST, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use OceanSpaces, any user postings made by you, your violation of any Terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. OST reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OST in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
OST AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OST AND MARINE PROTECTED AREAS MONITORING ENTERPRISE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OST AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
ADMINISTRATIVE TERMINATION/ACCESS RESTRICTION
OST reserves the right, at its sole discretion, to terminate your access to OceanSpaces and the related services, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of OceanSpaces. Use of OceanSpaces is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OST as a result of this agreement or use of OceanSpaces. OST's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OST’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of OceanSpaces or information provided to or gathered by OST with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless a separate, formal contract with the user exists, this agreement constitutes the entire agreement between the user and OST with respect to OceanSpaces, and it supersedes all prior Terms. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
OST reserves the right, in its sole discretion, to change the Terms under which access to the Site is governed. The most current version of the Terms, available at http://oceanspaces.org/policies, will supersede all previous versions. OST encourages you to periodically review the Terms to stay informed of any updates.
If you suspect during the course of your interaction with OceanSpaces that the operator or any site member has committed an act in violation of U.S. law; contributed content that is obscene, offensive, defamatory, or otherwise objectionable; infringed upon a copyright or trademark; or otherwise violated any of the Terms stated above, then we ask you, as part of our complaint procedure, to convey the specific terms of the infringement to the following address:
Attn: Executive Director
California Ocean Science Trust
1330 Broadway, Suite 1530
Oakland, CA 94612
Or send electronic correspondence to the following email address: