Terms & Conditions
Privacy Policy
Acceptable Use Policy
This AUP
defines the terms between the account holder, or user, and OCEANUSLive under which you may use OCEANUSLive.org (the ‘Site’). It is
applicable to all users of, and visitors to, the Site.
By using this
Site you accept and agree to abide by this AUP. If you do not accept this AUP
then access or use of this Site is declined.
This Site is
operated by ForbesWallace Ltd (Company Number 7191912) in partnership with
Polymorph Ltd (‘ForbesWallace’, ‘Polymorph’, ‘OCEANUSLive’, ‘Our’, ‘We’, ‘Us’).
In this AUP,
reference to ‘Content’ includes
(without limitation) any and all materials uploaded or contributed to Our Site,
inclusive of images uploaded, contributions posted to a collaboration room, any
comments made or materials sent, or discussions within the forum (Community)
areas.
Changes to AUP
We reserve
the right to alter this AUP at any time by amending this page. Changes will be
notified to the Site and to which user’s attention will be drawn. All changes
become in force within 7 days of being published. Your acknowledgement and
acceptance is indicated by the continued use of the Site.
Use of Collaboration Rooms, Community Areas and File Exchange
OCEANUSLive.org provides collaboration rooms to allow members of the Site to
communicate and exchange security and safety information, relating to a
particular region or Group, exchange views with other members within the
Community areas, and receive security and/or safety Alerts. The intent is to
ensure an environment of trust, accuracy and constructive discourse in the
information posted.
You are
permitted to view, download and copy (including print) Content solely in the
context of the authorised use of the Community areas and collaboration rooms, be
the posting, sending and viewing of information. Whilst the use of an
alternative name may be used in the Community area, you are to ensure compliance
with this AUP and are not to impersonate any other user or person, or entity, or
misrepresent an affiliation with anyone else.
Responsibility for Content
The
collaboration rooms, including private collaboration rooms, are moderated by
OCEANUSLive Watchkeepers or
company-nominated administrators; however, the Community area is not moderated.
We are not responsible as authors, editors or publishers of any Content
submitted to the Community area.
Where We
become aware of Content in the Community area that is in breach of the terms of
this AUP, We reserve the right to remove or deny access to such Content.
The Community
area Content is submitted by other members and We do not control the Content of
any material posted therein, nor do We monitor the area as a matter of course,
but will maintain an overview as We deem necessary.
Our right to
remove Content does not place any obligation on Us to delete inappropriate
Content or to monitor the use of the Community area or otherwise take editorial
control over any posts made, transmitted in or on the Community area.
Accuracy of
the Content sent or posted to collaboration rooms by members is their
responsibility. You acknowledge your responsibility for all statements which you
make and the information which you send or upload to the Site, and that We act
as the moderator, or nominate a moderator dependent upon the collaboration room
status, in respect of the publication and distribution of the information.
The removal
of any Content by Us is without prejudice to any other right or remedy that We
may have against the user under the agreement with Us. We will not be liable for
the removal of any Content.
Whilst every
effort is made to ensure the accuracy, integrity and quality of any Content, as
moderated by Us, you should apply your own judgement and common sense when
sending or posting information.
Occasionally,
the Community area will have posts from industry, welfare, humanitarian or news
organisations. We are, however, not responsible for the Content of such material
or do We necessarily endorse any statements that are made by these
organisations.
By submitting
Content to the Site it shall be deemed that We are automatically granted
perpetual, royalty-free, non-exclusive licence to use the material in a
reasonable manner which we so choose. In accordance with the Terms and
Conditions, you are to ensure that any Content submitted does not infringe any
copyright, trademark, database right or intellectual property right of any other
person. The submission of Content to the Site means you are warranting that you
have the right to use the Content and to grant Us a licence to use the Content
as stated above. We will not provide third parties with overall data that may be
used to conduct shipping or business analysis without prior consultation.
If you are
not able to grant Us such licence, then you are not to submit Content to the
Site.
Restrictions
By way of
example, and not as a limitation, you shall not (and shall not permit any third
party to) either (a) take any action or (b) upload, download, post, submit or
otherwise distribute or facilitate distribution of any Content on or through the
Site, including without limitation any User Submission, that:
·
infringes any
patent, trademark, trade secret, copyright, right of publicity or other right of
any other person or entity or
·
violates any
law or contractual duty;
·
you know is
false, misleading, untruthful or inaccurate;
·
is unlawful,
threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent,
invasive of another's privacy, tortious,
·
obscene,
offensive, or profane;
·
constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
·
involves
commercial activities and/or sales without OCEANUSLive prior written consent such as contests, sweepstakes, barter,
·
advertising,
or pyramid schemes;
·
contains
software viruses or any other computer codes, files, or programs that are
designed or intended to disrupt, damage, limit or interfere with the proper
function of any software, hardware, or telecommunications equipment or to damage
or obtain unauthorized access to any system, data, password or other information
of OCEANUSLive or any third party; or
·
Impersonates
any person or entity, including any employee or representative of OCEANUSLive.
You shall not
(directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer
or otherwise attempt to derive any source code or underlying ideas or algorithms
of any part of the Site, except to the limited extent applicable laws
specifically prohibit such restriction, (ii) modify, translate, or otherwise
create derivative works of any part of the Site, or (iii) copy, rent, lease,
distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws
and regulations.
Registration
You may
browse the Site home page and view free Content without registering, but as a
condition to using certain aspects of the Site, you are required to register
with OCEANUSLive and select a password
and screen name ("User ID"). You
shall provide OCEANUSLive with
accurate, complete, verifiable and updated registration information. Failure to
do so shall constitute a breach of the Terms & Conditions, which may result in
immediate termination of your OCEANUSLive
account. You shall not (i) select or use as a User ID a name of another person
with the intent to impersonate that person; (ii) use as a User ID a name subject
to any rights of a person other than you without appropriate authorisation; or
(iii) use as a User ID a name that is otherwise offensive, vulgar or obscene.
OCEANUSLive reserves the right to
refuse registration of, or cancel a User ID in its sole discretion. You are
solely responsible for activity that occurs on your account and shall be
responsible for maintaining the confidentiality of your OCEANUSLive password and the Content
therein. You shall never use another user's account without such other user's
express permission. You will immediately notify OCEANUSLive in writing of any unauthorised use of your account, or other account
related security breach of which you are aware.
Breach of This AUP
We determine,
at our discretion, where it is deemed that a breach of this AUP has occurred
through your use of the Site. We may take action as considered appropriate and
which may result in all or any of the following:
·
immediate
withdrawal, either temporarily or permanently, of your right to use the removal
of any material or post uploaded, either temporarily or permanently
·
publication
of a warning to you
·
legal
proceedings against you for full reimbursement of all cost incurred by Us as a
result of the breach
·
further legal
action against you
·
information
disclosure to law enforcement authorities as deemed reasonable and necessary
(including where posted Content is carried out under a pseudonym)
·
downgrade of
your membership to deny post to Community areas or to contact other members of
the Site.
Indemnification
You shall
defend, indemnify, and hold harmless OCEANUSLive, its affiliates and each of its,
and its affiliates employees, contractors, directors, suppliers and
representatives from all liabilities, claims, and expenses, including reasonable
solicitor’s fees, that arise from or relate to your use or misuse of, or access
to, the Site, Service, Content or otherwise from your User Submissions,
violation of this AUP, or infringement by you, or any third party using your
account, of any intellectual property or other right of any person or entity.
OCEANUSLive reserves the right to
assume the exclusive defence and control of any matter otherwise subject to
indemnification by you, in which event you will assist and cooperate with
OCEANUSLive in asserting any available
defences.
Complaints
Complaints
about any Content posted on the Site may be submitted through email to
support@oceanuslive.org, directly to
OCEANUSLive administrators or
watchkeepers online, or write to Us via the registered office 16, The Mall,
Surbiton, Surrey KT6 4EQ England.
Content will
be reviewed and a decision made as to whether it complies with this AUP. Content
which in Our opinion violates this AUP will be addressed as stated above and the
outcome or Our review will be published within a reasonable timescale of
receiving your complaint.