Terms of Use

Terms of Use 2018-02-21T15:10:54+00:00

Terms of Use 

Last Modified: February 16, 2018

This Global Fishing Watch (“GFW”) Terms of Use Agreement (“Agreement” or “Terms”) is between Global Fishing Watch, Inc., a Delaware non-profit corporation,  qualifying for federal tax exemption under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and you and your company organization (“You” or “Your”). By clicking “I agree” when you register, You are bound by the terms of this Agreement. If You choose not to click on “I agree” You will be redirected from this website (“Site”). Your use of any portion of the Site, any information or data provided on the Site, or any services made available through the Site (the “Services”) is subject to the terms and conditions set forth herein.

Changes to the Terms of Use

Global Fishing Watch 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 Global Fishing Watch 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 the 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 Global Fishing Watch 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 Global Fishing Watch’s request, defend Global Fishing Watch and its subsidiaries, affiliates, officers, agents, partners licensors, 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 Global Fishing Watch 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 Global Fishing Watch 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;

Global Fishing Watch 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.

Apache 2.0 License

Generally all of our publicly available products are released as “open source” and a free to use and re-distribute. Many of the products available for download from this site are licensed under the Apache 2.0 license. Some products generally contain an explicit license file indicating the specific license terms. The Apache 2.0 license applies to any source code or other intellectual property distributed by Global Fishing Watch that does not contain an explicit license declaration. “https://www.apache.org/licenses/LICENSE-2.0.

Creative Commons Attribution-ShareAlike License (CC BY-SA) 

Unless otherwise indicated, your use of this Site and any images, screen shots, data products, or other materials is subject to the terms of a Creative Commons Attribution-ShareAlike 4.0 International License, which may be updated from time to time  (“CC BY-SA”):  https://creativecommons.org/licenses/by-sa/4.0/.  This license allows You and others to remix, tweak, and build upon these images, data products and materials in your own work, for commercial or non-commercial purposes, provided that You provide attribution to Global Fishing Watch, include a link to the CC BY-SA terms and make these available in your work on those same CC BY-SA terms:  https://creativecommons.org/licenses/by-sa/4.0/legalcode.

Attribution and Citation to Global Fishing Watch

To copy, download or otherwise use any images, screen shots, data products, or other materials on the Site, You must include any and all notices or marks of attribution included on the Web page or product.  Such notices or marks may include, without limitation, copyright notices, logos, and links.

If You include the Site in a bibliography or use the entire Site as a source, use the following citation format:

Global Fishing Watch. [2018 or current year in the GFW copyright notice on the home page]. ​www.globalfishingwatch.org​

If You use a screen shot, image, data product, or other material from the Site, include any attribution and use the following citation format:

Global Fishing Watch. [2018 or current year in the GFW copyright notice on the page accessed]. Accessed on [date accessed]. [Link to the page].

Reservation of Rights. Global Fishing Watch 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 Global Fishing Watch Site’s software, maps, or other content on a temporary or permanent basis except as expressly provided herein. These Terms shall benefit Global Fishing Watch 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 Global Fishing Watch 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 Global Fishing Watch (“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.

Trademarks

 Global Fishing Watch, Oceana, Google, the term “Global Fishing Watch,” and all related names, logos, product and service names, designs and slogans are trademarks of Global Fishing Watch or its partners. You must not use such marks without the prior written permission of Global Fishing Watch or its partners, as applicable.

Ownership

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 Global Fishing Watch and its partners and are protected by United States and international copyright laws.

Your Content

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 GLOBAL FISHING WATCH NOR ANY PERSON ASSOCIATED WITH GLOBAL FISHING WATCH 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. GLOBAL FISHING WATCH 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 GLOBAL FISHING WATCH 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 GLOBAL FISHING WATCH OR A GLOBAL FISHING WATCH-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF GLOBAL FISHING WATCH 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).

The designated Copyright Agent to receive notifications of claimed infringement is: Global Fishing Watch Tel: +1 (301) 446-1812 Email:  info@GlobalFishingWatch.org.

Additional Terms

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, 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 Global Fishing Watch shall be filed only in the federal court in and for the District of Columbia, 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 Global Fishing Watch 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 Global Fishing Watch as a result of these Terms or use of Global Fishing Watch. You further acknowledge no confidential, fiduciary, contractually implied or other relationship is created between You and Global Fishing Watch 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 Global Fishing Watch 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 Global Fishing Watch, 1350  Connecticut Avenue, 5th Floor, Washington, DC 20036. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to info@GlobalFishingWatch.org

Privacy Policy Page – http://globalfishingwatch.org/privacy-policy

Last Modified: April 18, 2016

Thank you for exploring the Global Fishing Watch Beta release. Global Fishing Watch respects your privacy rights and recognizes the importance of protecting the information we collect about you. This policy statement tells you how we collect information from you and how we use it.

Personal Information Defined. Global Fishing Watch considers “Personal Information” to include information that alone or when in combination with other information may be used to readily identify, contact or locate you, such as: name, address, email address or phone number. Global Fishing Watch does not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.

You have voluntarily established a business relationship with Global Fishing Watch. As part of that relationship, you have shared certain Personal Information, including your email address. As part of your participation in evaluating this Beta release, Global Fishing Watch will only collect further Personal Information from you when you voluntarily:

submit feedback and comments;

complete surveys; or

sign up for our newsletter.

When you submit Personal Information under these circumstances, you will receive a confirmation email that will give you the option of choosing not to receive further emails from us.

Global Fishing Watch may also collect demographic information from visitors, such as geographic location or what platforms you own. This information helps us to improve our online offerings and allows us to tailor information to your preferences.

USAGE TRACKING

We track website usage data to improve our website. We collect user traffic patterns throughout our website using web logs, cookies and similar technologies. This information is collected to help improve website flow and usability. In addition, when we send emails to our members and supporters, we track information on clicks-through to our website, including IP addresses. This is done to gauge the effectiveness of our marketing campaigns and to discourage fraudulent use.

COOKIES

We may place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain Personal Information, although it will enable us to relate your use of this website to information that you have specifically and knowingly provided. But the only Personal Information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other websites. Global Fishing Watch may use cookies to track user traffic patterns (as described above). In addition, Global Fishing Watch uses encrypted cookies to authenticate the user on each page after the user logs onto the website. You can refuse cookies by turning them off in your browser. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. Some Global Fishing Watch website features and services may not function properly if your cookies are disabled.

CHILDREN

This website is not intended for children under 13 years of age and Global Fishing Watch does not knowingly collect, maintain or use any Personal Information from children under 13 years of age. If we become aware that we have collected any Personal Information from children under 13, we will promptly delete such information from our databases. If you are a parent or guardian and discover that your child under the age of 13 has used the website, then you may alert us at info@globalfishingwatch.org and request that we delete that child’s Personal Information from our systems.

USER ACCESS

We make a good faith effort to provide you with access to your Personal Information to correct data that may be inaccurate or delete data at your request. If you would like to review the information in our files, correct it, or ask Global Fishing Watch to refrain from sending you information in the future, please contact us by e-mail at info@GlobalFishingWatch.org, by calling Teri Biebel at (304) 885-4581, or by writing to the postal address listed below. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical, or where information is required to be retained by law or for legitimate business purposes.

DATA TRANSFER AND SHARING

Global Fishing Watch does not rent, sell or share Personal Information collected on this website with third parties except as follows. We may share user information with our Global Fishing Watch founding partners Oceana Inc. and Google Inc., subject to their respective privacy policies, which can be found at Oceana and Google Policies. Global Fishing Watch may provide Personal Information to or permit access to Personal Information by vendors and service providers who are contracted to help us administer this website. These service providers may process Personal Information on our behalf or use Personal Information to assist Global Fishing Watch in administering this website. We may also disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Global Fishing Watch’s rights or property, other Global Fishing Watch.

REORGANIZATION OF GLOBAL FISHING WATCH

If Global Fishing Watch should ever file for bankruptcy or have its assets sold to or merged with another entity, information Global Fishing Watch receives from you shall be treated as a Global Fishing Watch asset and may be transferred as part of any such transactions.

AFFILIATED WEBSITES, OTHER WEBSITES, AND ADVERTISEMENTS

This Privacy Policy applies to websites and services that are owned and operated by Global Fishing Watch. We do not exercise control over the websites of third parties that you may link to or view as part of a frame on a page on this website. These other sites may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. We are not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

INTERNATIONAL VISITORS AND CUSTOMERS

By choosing to visit the website or otherwise provide information to Global Fishing Watch, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of Virginia. This website is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law please note that you are transferring your personal data to the United States, a country which does not have the same data protection laws as the EU, and by providing your personal data you consent to: the use of your personal data for the uses identified above in accordance with this Privacy Policy; and the transfer of your personal data to the United States as indicated above.

SECURITY

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. No data transmissions over the Internet can be guaranteed to be completely secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. If Global Fishing Watch learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this website or providing Personal Information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this website. Global Fishing Watch may post a notice on our website if a security breach occurs. Global Fishing Watch may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at info@GlobalFishingWatch.org.

CHANGES AND UPDATES

We may occasionally update this Privacy Policy. When we do, we will also revise the “effective date” on the Privacy Policy. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of Personal Information you have provided to us, we will attempt to obtain your consent before implementing the change. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the Personal Information we collect. Your continued use of this website constitutes your agreement to this Privacy Policy and any updates.

CONTACTING GLOBAL FISHING WATCH

If you have any questions, comments or concerns about Global Fishing Watch or this Privacy Policy, please email us at info@GlobalFishingWatch.org. In the event that we are still unable to resolve your concerns, Global Fishing Watch is committed to cooperating to achieve a proper resolution of your privacy concerns.

Postal Mail Address:

Global Fishing Watch

1350 Connecticut Ave NW

Floor 5

Washington, DC 2o036

YOUR ACCEPTANCE OF THESE TERMS

By using this site, you signify your assent to this Privacy Policy. Your continued use of the sites following the posting of changes to these terms will mean you accept those changes.