Terms of Use

LAST UPDATED January 10, 2012

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR THE SERVICE.

Introduction

This use agreement (“Terms”) establishes the conditions of access to, and use of information available on Fish Hub (“Fish Hub”), a website found at fishhub.org. Fish Hub was created through a partnership among The Nature Conservancy, Cape Cod Fisheries Trust, Cape Cod Commercial Hook Fishermen’s Association, Community Development Partnership, Amplifier Strategies and Amplifier Catalyst (the “Fish Hub partners”) to respond to the need for collaboration tools in the highly regulated catch share fisheries. This use agreement is provided to clarify the terms under which system users may interact with Fish Hub to download and re-use data, contribute content, and employ the online applications. Use and dissemination of information and data available in Fish Hub is encouraged, guided by the specific terms in this agreement. Any separate, formal agreement with the Fish Hub partners that materially conflicts with this agreement should supersede these Terms.

Additional Policies

By agreeing to these Terms, you also consent to adhere to two additional policies. The Privacy and Security Policy clarifies what you may expect in the responsible handling of your personally identifiable information. The Data Policy describes the rules governing the handling of data in service of the public good and preservation of scientific integrity.

Site Content

The Fish Hub partners make every reasonable effort to ensure the integrity of the content that appears on Fish Hub. However, given the nature of an online community and its associated content, there are limitations to the auditing role that the Fish Hub partners 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 Fish Hub.
  • “Data” refers to the raw data entered by users

As an online community, Fish Hub 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 the Fish Hub partners. Yet other Site Content may be syndicated and published on the site, provided by the Fish Hub partners, related organizations, or other third parties. Given the varied sources for the Site Content, it is not possible for the Fish Hub partners 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 data, the Fish Hub partners cannot take responsibility for any errors that may exist in data provided online.

User Roles

Visitors to Fish Hub may fall into one or more categories, depending on the users’ relationship to the website:

  • “Visitor” – An individual who accesses Site Content by browsing Fish Hub.
  • “Site Member” – Any individual who registers and owns an account on Fish Hub

To be eligible to contribute to or download data from Fish Hub, you must join the online community, after which time you will become a Site Member. The Fish Hub partners also retain 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 Fish Hub by no longer visiting the site.

International Users

The Site is controlled, operated and administered by the Fish Hub partners from offices within the USA. If you access Fish Hub from a location outside the USA, you are responsible for compliance with all US laws. You agree that you will not use the Fish Hub partners content accessed through the Fish Hub in any country or in any manner prohibited by any applicable US laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless the Fish Hub partners, 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 Fish Hub, 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. The Fish Hub partners reserve the right, at their 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 the Fish Hub partners in asserting any available defenses.

Liability Disclaimer

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. THE FISH HUB PARTNERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE FISH HUB PARTNERS 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. THE FISH HUB PARTNERS 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 THE FISH HUB PARTNERS 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 THE FISH HUB PARTNERS 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

The Fish Hub partners reserves the right, at its sole discretion, to terminate your access to Fish Hub 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 Fish Hub. Use of Fish Hub 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 the Fish Hub partners as a result of this agreement or use of Fish Hub. the Fish Hub partners’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Fish Hub partners’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of Fish Hub or information provided to or gathered by the Fish Hub partners 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 the Fish Hub partners with respect to Fish Hub, 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

The Fish Hub partners reserve 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 https://fishhub.org/terms, will supersede all previous versions. The Fish Hub partners encourage you to periodically review the Terms to stay informed of any updates.

Contact Us

If you suspect during the course of your interaction with Fish Hub 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 by using this contact form: https://fishhub.org/contact