Terms of Use - CoastView

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Welcome to CoastView

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AND UNDERSTAND THEM BEFORE USING THE SERVICES OFFERED BY COASTVIEW SCIENCE INCORPORATED. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE COASTVIEW WEBSITE AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY COASTVIEW (COLLECTIVELY, THE “SERVICE”).

WHAT IS THE SERVICE?

The Service facilitates the browsing of articles, image libraries, and maps. The Service is provided mainly through the Software.

Below is the user agreement for participating in and using the CoastView website.

ACCEPTANCE OF TERMS

By using the Service in any manner, you agree to all of the terms and conditions contained herein, and all other operating rules, policies and procedures that may be published from time to time by CoastView, any of which may be updated from time to time without notice to you (collectively, “Terms of Use”). These Terms of Use apply to all users of the Service and those who access the Service. CoastView reserves the right, in its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on our website or by sending you notice through the Service. CoastView may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

USING THE SERVICE

You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of CoastView. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.

You may not copy, print, save, resell, or otherwise use data from the Site or the Service’s database for commercial purposes. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.

When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of CoastView.

The Software may not be used in any way that is not expressly permitted by these Terms.

Your use of the CoastView system (the website (https://coastview.org) constitutes your acceptance of, and agreement with, CoastView mandatory Terms of Use.

You agree to use CoastView only for legal purposes. You understand and agree that you may not rely on any content created by CoastView. You understand and agree that CoastView is in no way liable for any claims arising from your use of CoastView Services.

As a necessary condition of your use, you agree to indemnify CoastView entirely for all claims relating to your use of the CoastView system. Given the international nature of the Internet, you agree to comply with all local laws, articles, rules, and regulations that govern online conduct and acceptable content. Specifically, you agree to comply fully with all laws that apply to the transmission of technical data exported from or within the country in which you reside.

You agree not to access CoastView by any means other than through the web-based graphical user interface that is provided by CoastView for use in accessing CoastView images.

All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of CoastView or its affiliates or are exclusively licensed to CoastView. The Service is protected, among others, by copyright law, as well as by applicable copyright provisions prescribed by any other law.

“Coastguide”, “CoastView”, CoastView Science, the CoastView logo, and other trade and/or service marks are the property of CoastView or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of CoastView.

The design, trade dress, and the ‘look and feel’ of the maps of the Site and the Service are protected works under applicable copyright laws and CoastView and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software. You may not copy or print more than one copy of any data or material appearing on the Site.

CoastView may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from CoastView rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by CoastView to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.

Service Usage Rules

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activities in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent an entity, any regulations applicable to your entity.

As an example of only and without limitation, you shall not (and shall not permit any third party to) use the Service to:

infringe any patent, trademark, trade secret, copyright, right of publicity or other rights of any other person or entity or violates any law or contractual duty;
do anything that would be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by CoastView in its sole discretion;
impersonate any person or entity; or
breach the Privacy Policy and/or any of the other policies and rules of the Service.

You shall not (directly or indirectly):

take any action that imposes or may impose (as determined by CoastView in its sole discretion) an unreasonable requirement, disruption, or interference on the Service of CoastView infrastructure;
harvest, modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or content (other than your Service Submissions);
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;

CoastView does not guarantee the content of the Service and CoastView has no obligation to monitor the content.

Use Restrictions

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at CoastView sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without CoastView prior written consent; (iii) create a browser or border environment around the Content (e.g. no frames or inline linking); (iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site; (ix) frame or mirror any part of the Service and/or Site without CoastView prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site; (xi) forward any data generated from the Service and/or Site without the prior written consent of CoastView; (xii) transfer or assign your Service accounts’ password, even temporarily, to a third party; (xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose; (xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without CoastView express prior written consent; or (xv) infringe or violate any of these Terms.

Warranty Disclaimer

You acknowledge and agree that CoastView has no control over, and no duty to take any action regarding: which users gain access to the Service; or what content you access via the Service. You release CoastView from all liability for you having acquired or not acquired content through the Service. The Service may contain information or photographs that some people may find offensive or inappropriate. CoastView makes no representations concerning any content contained in or accessed through the Service, and CoastView will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise have through the Services.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, EXCEPT TO THE EXTENT REQUIRED BY LAW.

COASTVIEW AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify, and hold harmless CoastView, its affiliates, and each of its, and its affiliates’ employees, contractors, directors, suppliers, and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service or content or any of your Service Submissions, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, except to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of CoastView. CoastView reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with CoastView in asserting any available defenses.

Limitation of Liability

ALL LIABILITY OF COASTVIEW, ITS AFFILIATES, AND ITS AND ITS AFFILIATE’S DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SERVICE, CONTENT, USER SUBMISSIONS OR LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW,

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COASTVIEW LLC, ITS AFFILIATES, AND ITS AND ITS AFFILIATES’ DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ANYONE HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SERVICE, CONTENT, OR SERVICE SUBMISSIONS FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF DATA OR INFORMATION; OR COST OF PROCURING SUBSTITUTE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IN WHICH CASE COASTVIEW LLC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Breach and Indemnity

Without derogating from any applicable law, you agree to indemnify and hold harmless CoastView and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by CoastView, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.

Modifications to the Service and Software

CoastView may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against CoastView for applying such changes or for failures incidental to such changes.

Termination of Service

CoastView may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. You may terminate the Service or discontinue using the Service at any time. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Modification of These Terms

CoastView may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.

Limitations

Should you desire to file any cause of action against CoastView, arising out of or related to the CoastView Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.

Assignment of Rights

You may not assign or transfer your rights in and to the Service, without the prior written consent of CoastView. CoastView may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes CoastView obligations to you under these Terms.

No Legal Relationship

These Terms of Use and your use of the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the CoastView Service, its contents, maps and any other data.

You may contact us concerning any question about the Service, through the channels listed on the “Contact Us” page on the Site (web address: https://coastview.org). We will make our best efforts to address your inquiry promptly.

Last modified: 1 January, 2023