Terms of Use

TERMS OF USE

The terms and conditions of this license agreement (the "Agreement") apply to your purchases and other uses of the sites: www.montereybayaquarium.org and www.seafoodwatch.org and to any mobile applications operated in conjunction with these sites (collectively, the "Site") maintained by the Monterey Bay Aquarium Foundation (the "Aquarium"). By using any of these materials, you are consenting to be bound by this Agreement. If you do not accept all of the terms and conditions of this Agreement, you are not authorized to use any materials on this Site. Please carefully read the terms and conditions of this Agreement. In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend any and all current and future use of the Site.

YOUR CONDUCT

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site is prohibited. You agree to use the Site only for lawful purposes. You are prohibited from transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site.

You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

SITE CONTENT

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All 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 Content. You may not modify, remove, delete, augment, add to, publish, transmit or participate in the transfer or sale of the Content. You may not create derivative works from, or in any way exploit any of the Content, in whole or in part. You may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.

TRADEMARKS

Monterey Bay Aquarium, Aquaravan, Aquarium Adventures, Center for the Future of the Oceans, 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, Monterey Bay Aquarium Cafe and Restaurant, Science Under Sail, The Outer Bay, Underwater Explorers, the circular kelp logo, the fish van logo and the penguin logo are trademarks of the Aquarium and may not be used for any purpose without the express written permission of the Aquarium.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER THE AQUARIUM, NOR OUR AFFILIATES, ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, WARRANT THAT THE SITE 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 SITE OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS 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 OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE A WARRANTY.

Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on sites that link to or from the Site from third parties. 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.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE 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 SITE, (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. 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 Content you transmit through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of others rights.

OUR RIGHTS

We may elect to electronically monitor the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, third-party content providers, licensors, or merchants. We are not responsible for screening, policing, editing or monitoring such Content. We make no warranties or representations relating to the accuracy of any opinions, recommendations or other statements made by third parties who have provided Content to the Site through a comment feature of the Site or by any other means. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.

We may terminate your access, or suspend your access to all or part of the Site, 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.

LINKS TO THIRD-PARTY SITES

Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of 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 its use or content.

SUBMISSIONS

We are pleased to hear from the public and welcome your comments regarding content, products and services on the Site. 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 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 and 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 on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.

APPLICABLE LAW

We control the Site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content 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 Services provided through this site or the Content shall be Monterey County, California.

TERMINATION

These terms and conditions of this Agreement are effective until terminated by either party. If you no longer agree to be bound by the Agreement, you must cease your use of the Site. 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 Site with or without notice. You agree that any termination of your access to the Site may be affected without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Site.

GENERAL INFORMATION

This Agreement constitutes the entire agreement between us (you and us) and governs the use of the Site. 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 Site 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.

QUESTIONS AND REQUESTS FOR PERMISSION TO USE

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

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 Site in a way that constitutes copyright infringement, you may notify us by sending the following information to us at equarist@mbayaq.org.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• 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.