This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 7 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: May 26, 2014.
Statement of Rights and Responsibilities
Match My Whale is a website created by Pacific Whale Foundation ("PWF") to aid in humpback whale identification research. This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others who interact with Match My Whale. By using or accessing Match My Whale, you agree to this Statement, as updated from time to time in accordance with Section 7 below. Additionally, you will find resources throughout this document that help you understand how Match My Whale works.
Your privacy is very important to us. In submitting your data and/or image(s) to Match My Whale, you are agreeing to the following:
- Your data and/or image(s) will be archived by PWF;
- Your data and/or image(s) will be made available now or in the future, generally via the Match My Whale website, either:
- Publically in summary form, such as maps, graphs, or data grids; or
- As full data and/or image records available to Match My Whale website users.
- There will be publication of your data and/or image(s) to third-party data networks in which PWF participates; and
- If errors have been detected, PWF may modify the data and/or image(s). This will assist PWF in maintaining high data and image quality standards and we will also communicate any correspondence on quality issues to you.
- Sharing Your Content and Information
You own all of the content and information you post on Match My Whale. In addition:
- For content that is covered by intellectual property rights, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content (data and images) that you post on or in connection with Match My Whale (IP License). This IP License ends when you delete your IP content, unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information, it means that you are allowing everyone, including people off of Match My Whale, to access and use that information.
- We always appreciate your feedback or other suggestions about Match My Whale, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Match My Whale safe, but we cannot guarantee it. We need your help to keep Match My Whale safe, which includes the following commitments by you:
- You will not upload unauthorized commercial communications (such as spam) on Match My Whale.
- You will not collect users' content or information, or otherwise access Match My Whale, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Match My Whale.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use Match My Whale to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Match My Whale.
- You will not facilitate or encourage any violations of this Statement or our policies.
- Registration and Account Security
Match My Whale users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Match My Whale, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use Match My Whale if you are under 13.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not upload content or take any action on Match My Whale that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you upload on Match My Whale if we believe that it violates this Statement or our policies.
- We provide you with tools to help you protect your intellectual property rights. To learn more, visit our copyright page.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Match My Whale, the Match My Whale and Pacific Whale Foundation Logos), or any confusingly similar marks, except with our prior written permission.
- You will not upload or use anyone's identification documents or sensitive financial information on Match My Whale.
- Special Provisions Applicable to Software
- If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
- We can make changes for legal or administrative reasons, or to correct an inaccurate statement, to policies in or incorporated by this Statement, without prior notice to you.
- Your continued use of Match My Whale following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Match My Whale to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Match My Whale exclusively in the U.S. District Court for the District of Hawaii or a state court located in Maui County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Hawaii will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Match My Whale, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Match My Whale and are not responsible for the content or information users transmit or share on Match My Whale. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Match My Whale. We are not responsible for the conduct, whether online or offline, of any user of Match My Whale.
- WE TRY TO KEEP MATCH MY WHALE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MATCH MY WHALE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MATCH MY WHALE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT MATCH MY WHALE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. MATCH MY WHALE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MATCH MY WHALE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MATCH MY WHALE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
- Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Match My Whale outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on Match My Whale. You will not use Match My Whale if you are prohibited from receiving products, services, or software originating from the United States.
- By "Match My Whale" we mean the features and services we make available, including through (a) our website at match.mywhale.org and any other Match My Whale branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Match My Whale or provide data to us.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Match My Whale.
- By "content" we mean anything you or other users post on Match My Whale that would not be included in the definition of information.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Match My Whale or provide to Match My Whale through Platform.
- By "post" we mean upload on Match My Whale or otherwise make available by using Match My Whale.
- By "upload" we mean upload on Match My Whale or otherwise make available by using Match My Whale.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into Match My Whale at least once in the previous 30 days.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- This Statement is an agreement between you and Pacific Whale Foundation. References to “us,” “we,” and “our” mean Pacific Whale Foundation.
- This Statement makes up the entire agreement between the parties regarding Match My Whale, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Match My Whale.