OST takes your privacy very seriously. To the fullest extent possible, OST has sought to prevent any undesired identity exposure. At the same time, however, as an online community, OceanSpaces facilitates productive communication of certain identity characteristics. The following section aims to clarify the privacy you may expect within the context of OceanSpaces.
PERSONALLY IDENTIFIABLE INFORMATION
You may explore OceanSpaces without registering, thereby conducting yourself anonymously, with the understanding that a reduced set of features may be accessible to you. However, to gain access to a fuller range of the site’s functionality, you must register, providing personally identifiable information (“PII”), including but not limited to, your name, professional title, email address, password, web site URL, and organizational affiliation. As this is an online community, designed to facilitate the exploration of the monitoring community itself in addition to its scientific endeavors and products, many of these data will be displayed for consumption by other registered users and the general public alike. Your associations with organizations, topics of interest, and other groups will be publicly available. By registering for the site, you accordingly agree to the limited exposure of your PII on the site to interested parties, including Site Visitors, OST, and select OST partners, recognizing that the OceanSpaces’ operators will not convey or disclose this PII to commercial entities for the purpose of solicitation, marketing, or commercial exploitation.
By registering, you also agree to provide complete and accurate information, regularly maintaining the accuracy of your information over time. Any fictional identity representations will be expunged from the site and considered fraudulent.
To limit the potential for third-party exploitation, your email address will only be exposed if you are explicitly associated with uploaded Data, as is the custom for scientific data attribution. While it is possible to contact other Site Members via email, your email address is suppressed in the course of this online communication.
In all cases, your password will be carefully safeguarded by industry-standard protocols. However, you are solely responsible for safeguarding the knowledge of your password and the password of any associated email account. You must not share your login information with anyone, either directly or indirectly. You acknowledge that OST is not responsible for third party access to your account that results from theft or misappropriation of your account. Any forfeiture of your responsibility to safeguard your login information shall compromise your continued access to OceanSpaces and could result in termination of your account, removal of your content, and denial of OceanSpaces membership. Should you elect to leave OceanSpaces, you may do so at any time and, upon request, your PII will be suppressed from appearance in the online community.
LINKS TO OTHER SITES
The Site contains links to other online resources – organizations, persons, services, applications, images, sounds, databases, libraries – that facilitate ease of reference. These links in no way imply an endorsement of the referenced resources, their owners, or associated organizations, nor do they necessarily express any association between the Monitoring Enterprise and the linked resource. Moreover, all cited resources remain the exclusive property of the assets’ owners. The links shall not compromise or alter the trademark and copyrights established on the original sites.
TRADEMARKED AND PREVIOUSLY COPYRIGHTED MATERIAL
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the resources cited above. The Site Content is not for resale. Your use of OceanSpaces does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OST and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. You are not granted any licenses, express or implied, to the intellectual property of OST or our licensors except as expressly authorized by these Terms.
CONDUCT ON THE SITE
OceanSpaces may contain chat areas, forums, communities, organizational web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Site Content.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
MONITORING USER CONDUCT AND USER-PRODUCED CONTENT
OST has no obligation to monitor the Communication Services. However, OST reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. OST reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
OST reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OST's sole discretion.
OST does not control or endorse the content, messages or information found in any Communication Service and, therefore, OST specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized OST spokespersons, and their views do not necessarily reflect those of OST.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
You will be able to connect your OceanSpaces account to third-party accounts. By doing so, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
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:
Data and Content Policy
The following section describes the various rights to the Site Content and Data offered via OceanSpaces membership.
As a Site Member, you may elect to provide Site Content available to others, such as text narrative, images or related postings (“Submission”). By posting, uploading, inputting, or providing your Submission, you are granting OST, its partners and necessary sublicensees permission to use your Submission in connection with the operation of their work including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. OST is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in OST’s sole discretion.
Creative Commons License
The Site is licensed under the Creative Commons License agreement. Please visit the full legal text associated with the license. For your benefit, a summary of the license, as it pertains to the Site, appears below. This license facilitates the free sharing and adaptation of the Site Content, including Data, with the following limitations:
Fostering the sharing, re-use, and analysis of scientific information is a primary initiative for OceanSpaces. OST seeks to make Data and other Site Content available to all those who might be interested in benefiting from this information. Rules for proper attribution, however, must be observed when content is cited in published works. Proper attribution not only maintains the credibility of any citation, but also honors the labor performed by the researchers who gathered the data, managed the projects, and contributed the information. Any Site Content – whether Data or other content – must be properly attributed to the contributor when specific person(s) and/or organization(s) are associated with the cited content. Data in particular must be cited using the following minimum information: creator’s name, organization (if applicable), item name, universal record locator (“URL”) for the item, and item access date. The following is an example of such a citation:
James Drew (Maven Mariners). “Fish Density in the Central Coast’s Rocky Intertidal Ecosystem Feature” [Data file]. http://oceanspaces.org/data/fish-density-in-the-rocky-intertidal. Retrieved May 30, 2012.
With Site Content other than Data or when authorship information is vague or unspecified, then the citation must refer to OceanSpaces itself. The following format is offered as an example:
OceanSpaces. “Kelp and Shallow Rock”. http://oceanspaces.org/topic/kelp-and-shallow-rock. Retrieved May 30, 2012.
You may not use any Site Content for commercial purposes, pursuant to the definition of “private activity” as defined under Section 141 of the Internal Revenue Code (26 U.S.C. §141).
If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one.
We welcome comments, feedback and dissenting viewpoints that are posed in a respectful way. We will not delete a comment because it disagrees with our view on an issue, but we reserve the right to delete comments that are offensive, off-topic, or threaten and demean other members of the community. We will work to foster civil dialog and comments that don’t meet this standard will be deleted and an explanation for their deletion will be posted.