Website Terms and Conditions

Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND THE SUSTAINABLE SEAS TRUST governing your use of this Service, www.sst.org.za, which includes but is not limited to products, software and services offered by way of the website such as any “Video Player,” “Uploader,” and other applications that link to these Terms (the “Service”). “Sustainable Seas Trust” includes Trust Sustainability Films, its subsidiaries, and its licensees that produce or distribute Sustainable Seas Trust Products. A Sustainable Seas Trust Product is defined as "a product of Sustainable Seas Trust, a subsidiary, affiliate, joint venturer, or licensee of the Sustainable Seas Trust, in any language, over which Sustainable Seas Trust has Editorial Control". For the purposes of this Agreement, "Editorial Control" means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the Sustainable Seas Trust Product.

Please review the Terms fully before you continue to use the Service. By using the Service, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Service. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices. If you do not agree, please discontinue using the Service. Sustainable Seas Trust reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Service after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on 10 July 2013.

Your use and browsing of the Service is at your risk. If you are dissatisfied with any of the materials contained in the Service, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Service.

Intellectual Property Issues

The Service is owned by Sustainable Seas Trust. All of the content featured or displayed on the Service, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Sustainable Seas Trust. 

Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms. 

Pursuant to the copyright and trademark laws of the Republic of South Africa, you agree:
1. That you may only download Content that Sustainable Seas Trust designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
2. To not reproduce, distribute, modify, re-post on another Service (regardless of the server on which the Content is stored), or sell any Content without specific written authorisation from Sustainable Seas Trust, unless such use is pursuant to Educational Use of Content of this agreement.
3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
4. To refrain from framing, inline linking, or mirroring any portion of the Service.
5. You retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Service (“Your Content”).
a) Sustainable Seas Trust will make no sale of Your Content to a third party unless and until you have expressly consented to be represented by Sustainable Seas Trust Image and Video Sales.
b) By uploading Your Content, however, you grant Sustainable Seas Trust (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a worldwide, perpetual license to display, distribute, reproduce, and create derivatives of Your Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with NG Products. Sustainable Seas Trust may license or sublicense, in whole or in part, to third parties rights in Your Content as appropriate to distribute, market, or promote such NG Products. You also grant Sustainable Seas Trust permission to use and authorize others to use your name and any profile picture you provide in association with Your Content for identification, editorially, publicity related to Your Content or the Service, and for similar institutional promotional purposes. You also agree that Sustainable Seas Trust may make Your Content available to users of the Service who may display and redistribute it in the same way that Sustainable Seas Trust makes all other Content available.
c) Sustainable Seas Trust may use Your Content, without compensation to you, in any NG Products that feature Your Content in the context of, in direct promotion of, or otherwise strongly identified with (beyond mere attribution), the special section or community of the Service to which it was submitted, such as “Your Shot,” My Shot,” or successor sections or communities of the service.
d) Sustainable Seas Trust may exercise its rights to use Your Content in NG Products other than described in sub-section c., immediately above (e.g. for an “App,” a book or e-book, merchandise, etc.), and will pay you at Sustainable Seas Trust’s rates. Certain NG Products in production prior to 1 June 2013 and scheduled for release after 1 June 2013 but before 31 December 2013, are exempt from this provision and use of Your Content in such NG Products is governed by the Terms in effect prior to 1 June 2013.
e) To enable Sustainable Seas Trust to use Your Content in NG Products, NG may request you to provide Your Content in other formats, and if technically possible, you agree to provide Your Content in such other formats so long as Sustainable Seas Trust pays you the reasonable out of pocket costs of providing Your Content in such other formats.
f) Any payment to you is conditioned upon you keeping your registration information up to date and you completing any paperwork that Sustainable Seas Trust requires to make payments to third parties. Sustainable Seas Trust also reserves the right not to make payment to you if Sustainable Seas Trust reasonably believes that to do so would violate applicable law.
6. Notifications of claimed copyright infringement on the Service should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide Sustainable Seas Trust’s designated agent the following information:
a. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Service (such as the URL);
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
f. A statement by you, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

Sustainable Seas Trust’s designated agent for notice of claims of copyright infringement on the Service is its Kenton on Sea Office Administrator who can be reached by email at info@sst.org.za.

Educational Use of Content

With respect to Content designated as available for download for educational purposes (“Downloadable Content”), Educators or Learners may download and exhibit such Downloadable Content on a stand-alone basis or embed in their own presentations, handouts, worksheets, other educational aids, homework, school reports, and other educational assignments or projects. For the purposes of this Agreement, “Educators or Learners” consists of librarians, teachers, support staff, administrators and other staff of educational institutions, students, and adults supporting such students’ learning. The following restrictions apply to all Downloadable Content:

• Educators or Learners are prohibited from disseminating Downloadable Content beyond such Educator’s or Learner’s particular educational institution, organisation, or home.

• Under no circumstances may an Educator or Learner use Downloadable Content for commercial purposes.

• Educators or Learners may make no modifications to Downloadable Content and must preserve all Sustainable Seas Trust or Licensor credits, copyright notices and other proprietary notices.

• Educators or Learners may neither make use of nor allow or enable the use of Downloadable Content in a manner in which it is re-posted, framed, or mirrored on any other websites, regardless of educational use, but may store Downloadable Content on password-protected computer networks administered by the Educator’s or Learner’s school or school system.

• Educators or Learners who embed Downloadable Content in the form of video material (e.g. through a video player) must also comply with the Sustainable Seas Trust Terms of Service Your Conduct with respect to Video Players.

Liability

The Service is provided for informational purposes only. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use. 

Although Sustainable Seas Trust does not routinely monitor the postings to the Service, Sustainable Seas Trust reserves the right (but assumes no obligation) to delete, move, or edit any Your Content that comes to its attention that Sustainable Seas Trust considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Sustainable Seas Trust, restricts or inhibits any other user from using or enjoying the Service will not be permitted. Sustainable Seas Trust reserves the right to refuse access to the Service to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Service, or any of the copyright or trademark laws of the United States.

The Service may provide, or third parties may provide, links to other sites or resources. Because Sustainable Seas Trust has no control over such sites and resources, you acknowledge and agree that Sustainable Seas Trust is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sustainable Seas Trust shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.

Your interactions with companies, organisations and/or individuals found on or through our Service, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organisations and/or individuals. You agree that Sustainable Seas Trust will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Service, or between a user and any third party, Sustainable Seas Trust is under no obligation to become involved, and you agree to release Sustainable Seas Trust and its affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Service.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUSTAINABLE SEAS TRUST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUSTAINABLE SEAS TRUST MAKES NO WARRANTY THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUSTAINABLE SEAS TRUST NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SUSTAINABLE SEAS TRUST, OR OUR SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF SUSTAINABLE SEAS TRUST SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SUSTAINABLE SEAS TRUST IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Your Conduct 

Sustainable Seas Trust wants to encourage an open exchange of information and ideas on the Service. You can expect the Service to include information and opinions from a variety of individuals and organizations other than Sustainable Seas Trust. Sustainable Seas Trust neither endorses nor guarantees the accuracy of any Your Content. Sustainable Seas Trust may review Your Content from time to time and may take steps to remove inappropriate Your Content that comes to its attention; however, Sustainable Seas Trust engages in no routine monitoring of Your Content on the Service. There is no substitute for healthy scepticism and your own good judgement. 

You agree to assume full and sole responsibility for any Your Content you post to the Service, and you agree to:
1. Post Your Content that is relevant to and appropriate for the specific topic and designed to help people share information and supports Sustainable Seas Trust's mission of inspiring people to care about the oceans of the world;
2. Represent that you are the owner of Your Content, or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for Sustainable Seas Trust’s use, in accordance with the license you grant in paragraph 5 of Intellectual Property Issues above, of any Your Content that you post, and nothing you post will infringe on the rights of others;
3. Neither post nor transmit any unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive Your Content, or Your Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other Your Content that infringes on the ability of others to enjoy the Service or is otherwise inappropriate;
4. Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user. However, if you do choose to post any personal information it means that you are making that information public and allowing everyone to use and access that information, and to associate it with you (i.e. your user name and if applicable any profile photo);
5. Neither post nor transmit through the Service any Your Content that constitutes advertising or solicitation with respect to any product or service;
6. Not post anonymously or impersonate any other person;
7. Use no automated means, including spiders, robots, offline readers, crawlers, data mining tools, or the like to download or store data from the Service. Exception is made for publicly available Internet search engines (e.g., Google, Bing) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Service but not for any archive that hosts, promotes, or links primarily to infringing or unauthorized content; and
8. Not to alter or modify any part of the Service, make no use that would interfere with or disrupt the Service or servers or networks connected to the Service, make no Your Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and neither circumvent nor disable any security or data-protection measures implemented by Sustainable Seas Trust.
9. Not to translate, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code of any portion of the Service
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SUSTAINABLE SEAS TRUST RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

You must provide and are solely responsible for all hardware and/or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

Indemnification

You agree to indemnify, defend, and hold harmless Sustainable Seas Trust; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Service from and against all losses, expenses, damages, and costs, including attorneys' fees, resulting from any violation of these Terms. Sustainable Seas Trust reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Sustainable Seas Trust.

Miscellaneous

These Terms and any other operating rules or terms currently posted on the Service constitute the entire agreement between Sustainable Seas Trust and the users of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Sustainable Seas Trust may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.

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