Updated August 27, 2013

1. Terms

BY USING THIS MARINEXPLORE WEBSITE (“Website”) IN ANY MANNER, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE ACCEPTING THEM. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THIS SITE. THE MATERIALS CONTAINED IN THIS WEBSITE ARE PROTECTED BY APPLICABLE COPYRIGHTS. YOU ARE ONLY PERMITTED TO ACCESS THIS WEBSITE AND USING THE SERVICES OF MARINEXPLORE UPON ACCEPTANCE OF THESE TERMS OF USE.

These Terms of Use comprise a legal agreement between you and Marinexplore (Marinexplore Inc., location 920 Stewart, Sunnyvale, California 94085, United States), unless otherwise agreed between you and Marinexplore in writing. The terms “you” and “your” refer to anyone accessing our Website, software, services, products and any content on the Website (together the “Products”) for any reason. The terms provided herein govern your access and use of Products offered on the Website and all other Marinexplore products and services, unless otherwise agreed between you and Marinexplore in writing.

2. Use of the Products*

Marinexplore grants you a limited, non-exclusive, non-transferable and revocable license to access the Products and make non-commercial use of the Products and not to download or modify all or any portion of the data or other content available through Products (“Content”) unless the context clearly dictates otherwise.

The Content and/or any portion of the Content may not be copied, reproduced, sold, visited or otherwise exploited for any commercial purpose without written consent of Marinexplore.

This license shall automatically terminate if you violate any of these terms. Marinexplore may terminate this license at any time. Upon terminating your license to use the Products and/ or Content, you must destroy any downloaded data in your possession in any format.

3. User generated Content

You grant Marinexplore a perpetual, non-exclusive, transferable, irrevocable, worldwide and royalty-free right to use, copy, modify, publish and remove in any way any content or any other information (“User Content”) you submit using Products or directly to Marinexplore (“Content Submission”).

By Content Submission you represent, warrant and agree that you will not submit any User Content that (a) is not accurate, (b) violates a third party’s rights, including any copyrights, patents, trademarks, or other proprietary rights, (c) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, (d) may be invasive of another’s privacy, or (e) is otherwise objectionable.

You are entirely responsible for the User Content you submit to Marinexplore or using Marinexplore Products.

Marinexplore may, in its sole discretion, remove any User Content if the User Content violates the Terms of Use, or suspend or terminate your right to use the Products at any time, for any reason, or for no reason at all.

4. Restrictions on the use of the Products and Content

Without written consent of Marinexplore this license does not include:
(a) any reuse or commercial use of the Products or Content or any use of data mining or similar data extraction tools;
(b) any extracting of the source code of the Products or any part thereof;
(c) excessive use of the Products. Excessive use is determined by resource consumption relative to that of a typical user of the Product;
(d) right to collect, store, sell or disclose personal data about other users of the Products.

5. Content ownership notices

Portions of the Products and/ or Content may be provided with licenses from third parties that govern the use of those portions. Any licenses granted hereunder do not alter any rights and obligations you may have under such licenses.

(a) Liquid Robotics

Liquid Robotics Inc provides data from the wave gliders published on the Liquid Robotics Inc public web site.

(b) Argo program

Argo program data is free to use for any purposes.

Argo program data were collected and made freely available by the International Argo Program and the national programs that contribute to it. (http://www.argo.ucsd.edu, http://argo.jcommops.org). The Argo Program is part of the Global Ocean Observing System.

(c) National Oceanic and Atmospheric Administration stations and Global Telecommunications System Buoys

Data in NOAA servers provided by NOAA and GTS Buoys is not subject to copyright protection under 17 U.S.C 403.

(d) Rutgers University

Rutgers University gliders data is free to use for any purposes.

(e) The Monterey Bay Aquarium Research Institute (MBARI) High Frequency Radar (HFR)

You are hereby granted a non-exclusive license to use, copy, and modify the data for research and educational purposes only.

6. Disclaimer, Infringement, Limitation of Liability

BY USING THE PRODUCTS, YOU HEREBY AGREE TO FULLY INDEMNIFY MARINEXPLORE FROM AND AGAINST ANY THIRD-PARTY CLAIMS RELATING TO ALLEGED INFRINGEMENT BY YOU, AS APPLICABLE, OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

THE PRODUCTS AND/ OR CONTENT ON MARINEXPLORE’S WEBSITE ARE PROVIDED “AS IS” AND MARINEXPLORE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, MARINEXPLORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY OR RELIABILITY OF THE USE OF THE CONTENT AVAILABLE THROUGH ITS PRODUCTS OR OTHERWISE RELATING TO THIS CONTENT AND/ OR PRODUCTS OR ON ANY SITES LINKED TO THIS WEBSITE.

IN NO EVENT WILL MARINEXPLORE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES IN CONNECTION TO OPERATION, USE OR OTHER EXPLOITATION OF PRODUCTS AND/ OR CONTENT (INCLUDING LOSS OF PROFITS, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, EVEN IF MARINEXPLORE HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE.

7. Privacy

The Privacy Policy is hereby incorporated into these Terms of Use by reference. The Privacy Policy governs our treatment of any User Content you submit to Marinexplore or using the Products.

8. Governing Law

Any claim relating to Marinexplore’s Products shall be governed by the laws of the Commonwealth of Massachusetts and you and Marinexplore hereby agree to venue in the appropriate courts located in Boston, Massachusetts, to resolve any disputed hereunder.

*Patent pending.

Privacy Policy

We respect your privacy and accordingly we have developed this privacy policy (“Policy”) for using Marinexplore Products in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The terms used in this Policy are defined in the Terms of Use at this Website.

Collection

We may collect the following information through your use of the Products:

  • Information asked for creating a Marinexplore account such as your name, password, email address, skills, location and other relevant information;
  • User preferences you submit when you register at Website;
  • Information about your use of the Products gathered through cookies or other technologies;
  • Other information provided to us during direct use of the Products or through third parties.

Use and sharing

We may use your personal information we have collected:

  • To provide support for using the Products, including product updates and notifications;
  • To contact you about news related to Products that might be of interest to you;
  • To enhance your user experience and Marinexplore’s Products;
  • To comply with legal requirements.

Some of your personal information, for example, your name, username, skills, location and other data you have entered in your profile page, is publicly visible on our Products.

Except the above, we do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating Website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may share your personal information with third parties to comply with legal requirements. User information not identifiable personally may be provided to other parties for appropriate uses.

Protection

We protect collected personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure or use.

Your Consent

By using our Products, you consent to this Policy for using our Products.

Changes

Changes to this Policy will be posted on the Website.