Last Modified: May 21, 2021

These Terms of Use (“Agreement” or “Terms”) are an agreement between Global Fishing Watch, Inc., a Delaware non-profit corporation (“Global Fishing Watch”), 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”). If You are agreeing to these Terms for use by an organization, You represent that you have the authority to bind that organization to these Terms, otherwise You must not use the Site and the Services. Your use of any portion of the Global Fishing Watch website (the “Site”), any information or data provided on the Site, or any services made available through the Site (the “Services”) will constitute your acceptance of these Terms to the exclusion of all other terms and is subject to the terms and conditions set forth herein.

Changes to these 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 the Site and the Services

License and Permission. Subject to the terms and conditions set forth in these Terms of Use, Global Fishing Watch hereby grants to you a non-assignable, non-exclusive, worldwide, and royalty-free limited license to use the Site and the Services. By using the Service, you represent and warrant that (i) you are over the age of 13 and have the legal capacity to enter into these Terms, (ii) you are not a person barred from using the Site and/or the Services under the applicable laws of the United States or other countries, including the country in which you are resident or from which you use the Site and/or the Services and (iii) you agree to be legally bound by these Terms in their entirety.

Non-Commercial Use Only. The Site and the Services are provided for Non-Commercial use only in accordance with the CC BY-NC 4.0 license.  If you would like to use the Site and/or the Services for commercial purposes, please contact us.

Prohibited Uses. As a condition of Your use of the Site and the Services, You warrant to Global Fishing Watch that You will do so only 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 Site and 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 and/or using the Services.

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:

Harass, abuse, spam or otherwise 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).

Scraping Etc. You may not scrape the Site to extract data. Certain content on this Site is available for bulk download access or via an API by registered users, subject to registration using Global Fishing Watch’s registration form.

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 content in many varieties, including mapping and vessel data, other geographic-based location data and other information provided by Global Fishing Watch and its partners, licensors and other users of the Site and the Services. You understand and agree to the following with respect to all content made available by or through the Site:

  • Map data and related content are provided for informational purposes only, and Global Fishing Watch makes no warranties regarding the same;
  • The information on the Site is not updated in real-time, and therefore the map results may not be accurate; and
  • 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 Global Fishing Watch’s publicly available products are released as “open source” and 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 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-Non-Commercial License (CC BY-NC) 

Generally, unless otherwise indicated, all of our publicly available images, screen shots, data products, or other content materials are provided for and subject to non-commercial use in accordance with the Creative Commons Attribution Non-Commercial 4.0 license, which may be updated from time to time  (“CC BY-NC”): https://creativecommons.org/licenses/by-nc/4.0/. If you would like to use these content materials for commercial purposes, please contact Global Fishing Watch at info@globalfishingwatch.org. This license allows You and others to remix, tweak, and build upon these images, data products and materials in your own work, for non-commercial purposes, so long as You provide attribution to Global Fishing Watch accompanying any use thereof physically in the text where the images, data products and materials are presented, and avoid any representation (explicitly or by implication) of endorsement by Global Fishing Watch, and include a link to the CC BY-NC terms and make these available in your work on those same CC BY-NC terms:  https://creativecommons.org/licenses/by-nc/4.0/.

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 include, without limitation, copyright notices, logos and links.

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

“Copyright [2021 or current year in the Global Fishing Watch copyright notice on the home page], Global Fishing Watch, Inc., ​www.globalfishingwatch.org​.”

(b) If You use any content from the Site, including without limitation screen shots, images, data of any kind or other material from the Site, include any attribution that accompanies the content as published on our Site and use the following citation format:

“Copyright [2021 or current year in the Global Fishing Watch copyright notice on the page accessed], Global Fishing Watch, Inc. Accessed on [date accessed]. [Link to the page].”

Include also the following disclaimer:

“Global Fishing Watch has made every attempt to ensure the completeness, accuracy and reliability of the information provided on this Site. However, due to the nature and inherent limitations in source materials for information provided, Global Fishing Watch qualifies all designations of vessel fishing activity, including synonyms of the term “fishing activity,” such as “fishing” or “fishing effort,” as “apparent,” rather than certain.  And accordingly, the information is provided “as is” without warranty of any kind.”

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

The Site and the Service incorporate data and information from, and is delivered using technologies supplied by, third party suppliers to Global Fishing Watch (“Third Party Providers”). In addition to these Terms, You are responsible for reviewing and complying with the applicable terms of use of such Third Party Providers. Your continued use of the Service and this Site indicates your acceptance of those Third Party Provider terms of use. For reference, and without limitation, here is a non-exhaustive list of links to terms of use of some of our Third Party Providers: 

Trademarks

Global Fishing Watch” and all related names, logos, product and service names, designs and slogans appearing on the Site 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

With the exception of User Content, the terms of which are set forth in the section below captioned “User Content”, 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.

User Content

Application of this Section. This section governs Your submission or uploading of any digital assets (“User Content”) to the Site, which may include data and data sets, photographs, illustrations, templates, videos, images, documents and other pictorial or graphic works, and any subsequent use thereof. The specific types of User Content (e.g. reference layer, environmental dataset, etc.) that may be submitted or uploaded at any given time are described in further detail in the relevant application, including acceptable file formats for submission and/or uploading. 

Your Eligibility to Upload Content. In order to upload User Content to the Site, and in addition to complying with all of the terms and conditions elsewhere in these Terms, You must: (i) Complete a registration using Global Fishing Watch’s registration form, and such registration must be active and in good standing (among other things, this means that Your registration cannot be restricted or suspended); and (ii) be an authorized representative of such organization with the authority to bind such organization to these terms and agree to these terms on behalf of such organization. Global Fishing Watch reserves the right to refuse or revoke Your access at any time, in its sole discretion, without cause and without notice to You. 

Authorization to Upload. Subject to Your full and timely compliance with all of the terms and conditions set out in this Agreement, Global Fishing Watch hereby authorizes You to upload and distribute authorized digital content, including electronic documents. User Content is uploaded at Your own risk. Notwithstanding anything to the contrary herein, Global Fishing Watch neither guarantees against unauthorized copying or distribution of User Content nor will Global Fishing Watch be liable for any unauthorized copying or usage of the User Content. You acknowledge that nothing in this section or these Terms will obligate Global Fishing Watch to use any User Content or permit the posting of such User Content on this Site.

Grant of License to Global Fishing Watch. By uploading User Content to the Site, you hereby grant to Global Fishing Watch a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, monetize, charge money for, restrict access to view, restrict access to download, advertise against and otherwise exploit Your User Content, in any media formats and through any media channels, in order to publish and promote such User Content in connection with Services offered or to be offered by Global Fishing Watch. Such license will apply to any form, media, or technology now known or hereafter developed. You grant Global Fishing Watch the right to restrict access to view or to download Your User Content (for example, only to registered users and/or a subset of registered users), subject to certain configuration options provided to you by Global Fishing Watch. Subject to the terms and limitations set forth herein, you may terminate this grant of license to Global Fishing Watch as to any specific piece of User Content by removing or deleting that piece of User Content from the Site; provided, however, You acknowledge that Global Fishing Watch may retain a copy of any User Content as necessary for legal or archival purposes.

Global Fishing Watch reserves the right to login on Your behalf in order to fix configuration and other non-substantive technical errors with Your User Content, at any time, in its sole discretion, without notice to You. In addition, Global Fishing Watch reserves the right to remove or delete User Content at any time, in its sole discretion, without cause and without notice to You. You acknowledge that Global Fishing Watch may retain archived copies of your User Content and may continue to use your User Content in connection with any materials that were created prior to your removal of your User Content, in accordance with the license described above.

Additionally, by providing User Content, You authorize Global Fishing Watch to use the names, voices, photographs, likenesses, performances, and biographical data included in or associated with any User Content in connection with the uses of the User Content authorized hereby and the rights granted herein.

Grant of License to Other Global Fishing Watch Users. Unless you expressly restrict access to other users (for example, only to registered users and/or a subset of registered users) under the terms indicated by You when You uploaded such User Content, You hereby grant to each Global Fishing Watch User a limited, non-exclusive, license to view, download (including, without limitation, download to a portable device, but subject to download restrictions either made by Global Fishing Watch or by you), print and have printed such User Content for personal use in the manner contemplated by this section. The foregoing license granted terminates as to a specific piece of User Content once You or Global Fishing Watch removes or deletes such User Content from the Site, provided that other users’ rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Site will survive any termination or expiration of the license granted in this section.

Reservation of Rights. Subject to the licenses granted herein, You retain all of Your ownership rights in User Content uploaded and owned by You.

Rules Regarding User Content.  By submitting Content or uploading any User Content to the Site, You agree not to post any User Content that You know is incorrect or not current. You further agree not to post User Content or take any action that (i) creates liability for Global Fishing Watch or our partners in any manner whatsoever; (ii) violates or reasonably could cause us to violate any applicable law, statute, ordinance or regulation or encourage criminal conduct; (iii) scans or tests the vulnerability or security of the Site or the Services or the system within which it operates or involves the upload, or insertion of, any programming language or code into or onto, our Services; (iv) contains any information (such as insider, proprietary or confidential information) that You do not have a right to make available due to contract, fiduciary duty or operation of law; (v) advertises the products or services of others or contains links to third-party websites or solicits business for products or services other than those that are offered and promoted on the Site; (vi) contains any computer hardware or software, viruses, Trojan horses, worms, spyware or any other computer programming that may interfere with the operation of the Site or the Services or our systems and or create or impose a large burden or load on the Site or the Services or systems; or (vii) infringes any third party’s intellectual property rights including but not limited to copyright, patent or trademark right.

Representations and Warranties.  By using submitting or uploading any User Content to the Site you represent and warrant to Global Fishing Watch that (i)(a) You are the owner, with all appurtenant rights thereto, of any and all User Content submitted or uploaded by You or (b) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce, and distribute User Content submitted or uploaded by You; and (ii) Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played; and (iii) no claim has been asserted nor have any proceedings been instituted by any third party against You or Your predecessors in title for the infringement of intellectual property rights in Your User Content.

Indemnification. By submitting or uploading any User Content to the Site, you agree to indemnify, defend, and hold harmless Global Fishing Watch, its respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents, and representatives, from any and all third party liability for any injuries, losses, claims, actions, demands, or damages of any kind arising from or in connection with the User Content, including, without limitation, any breach of any covenant or representation or warranty and with respect to third party claim for copyright infringement or a violation of an individual’s right to privacy and/or publicity right. 

United States Export Controls. By submitting or uploading any User Content to the Site, You agree not to at any time submit or upload any User Content that requires licenses or authorizations from any government agencies, including without limitation the United States State Department’s International Traffic in Arms Regulations (ITAR) and the Commerce Department’s Export Administration Regulations. You shall not post any ITAR-controlled technical data and other applicable information, including any official Department of Defense documents, on the Site that have not been authorized for public release by the appropriate government agency. It is your responsibility to ensure that you comply with these laws and do not post any item on the Site that is not authorized for public release under the applicable laws, regulations and restrictions. Your rights under these Terms are contingent on Your compliance with this provision. 

Accessing User Content. Global Fishing Watch offers use and/or download of User Content from other users’ digital assets at your own risk. You are solely responsible for the consequences of any use you choose to make of the assets you download from this Site, and for any changes that you make to the User Content. In addition to complying with all of the terms and conditions elsewhere in these Terms, You agree to use the User Content in accordance with all copyright and other proprietary notices found within the Site. You also agree not to use the User Content in any way that is knowingly false, defamatory, inaccurate, abusive, vulgar, harassing, obscene, profane, threatening, invasive of a person’s privacy, or otherwise in violation of any law.

Disclaimers of Warranties

Generally.  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.

Fishing Information. Global Fishing Watch has made every attempt to ensure the completeness, accuracy and reliability of the information provided on this Site. However, since source materials for information provided vary in completeness, accuracy and quality, it is possible that some fishing activity is not identified as such by Global Fishing Watch; conversely, Global Fishing Watch may show apparent fishing activity where fishing is not actually taking place. For these reasons, Global Fishing Watch qualifies all designations of vessel fishing activity, including synonyms of the term “fishing activity,” such as “fishing” or “fishing effort,” as “apparent,” rather than certain. Accordingly, Global Fishing Watch makes no warranties, express or implied, or representations as to the accuracy of content on this Site and assumes no liability or responsibility for any error or omissions in the information contained in the Site.

Country and area nomenclature
The designations employed and the presentation of the material on this site do not imply the expression of any opinion whatsoever on the part of the Global Fishing Watch concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The term “country” as used in this material also refers, as appropriate, to territories or areas.

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.

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: +1 202.800.2928 Email: info@GlobalFishingWatch.org.

Additional Terms

You understand and acknowledge that the Children’s Online Privacy Protection Act (COPPA) prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without verifiable parental consent. Persons who are 13 or younger are prohibited from using the Service without verifiable parental consent. By using the Service, you represent and warrant that you are over the age of 13.

These Terms shall be governed by and construed in accordance with the laws of the District of Columbia, 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.

Contact Information

The Site is operated by Global Fishing Watch, Inc., 1025 Connecticut Avenue, NW, Suite 200 Washington, DC 20036, United States of America. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to info@globalfishingwatch.org.

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