Maritime Mentoring Site and Marine Learning Systems (MMS)

TERMS OF USE

These Terms of Use outline your obligations when using MMS’s website, as well as MMS’s browser plug-in and MMS’s link which can be placed on your external content pages (collectively, the website, the plug-in and the link are the “Site”).

ACCEPTANCE OF TERMS

The Site is owned and operated by Marine Learning Systems, a Canadian federal corporation, and is accessed by you under these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON OR THROUGH THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES ON OR THROUGH THE SITE. MMS'S ACCEPTANCE OF YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY MMS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

MODIFICATIONS OF TERMS OF USE

MMS reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, MMS will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined in MMS's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Site and the Services following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

DESCRIPTION OF SERVICES

Subject to full compliance with the Terms of Use, MMS may offer to provide certain services and content, as described more fully on the Site ("Services"). Services shall include, but not be limited to, any service and content MMS performs for you, as well as the offering, either directly or through links, of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, comments, categorizations, taggings, rankings, messages, information, data, graphics, news or articles, papers, theses or other works, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). MMS may change, suspend or discontinue the Services including any Content at any time and for any reason. MMS may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability.

USERS AND MEMBERS

In creating an Account you shall provide MMS with accurate, complete and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your usage. You may not select or use as a Member Name (a) a name of another person with the intent to impersonate that person; (b) a name subject to any rights of a person other than you without appropriate authorization; or (c) a name that is otherwise offensive, vulgar or obscene. MMS reserves the right to refuse registration with MMS and the creation of an Account or to cancel an Account in its sole discretion. You shall be responsible for maintaining the confidentiality of your MMS password.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Site and the Services.

USER CONDUCT

As a condition of use of the Site and the Services, you promise not to use the Site or the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by MMS.

By way of example, and not as a limitation of the generality of the above paragraph, you agree not to use the Services:

  1. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any applicable law or right of any third party;
  2. for any illegal or unauthorized purpose, and further to the foregoing you agree to comply with all applicable local laws of your jurisdiction of residence regarding online conduct and acceptable content;
  3. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, Member Account, or private information from any MMS Member;
  4. to create or submit unwanted email or other messages to any Members or any URL;
  5. to violate any laws in your jurisdiction (including but not limited to copyright laws);
  6. to submit Content linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing Content (source hops), or off-topic Content;
  7. to (i) take any action that imposes, or may impose in MMS’s sole discretion an unreasonable or disproportionately large load on MMS’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site, the Services or any activities conducted on the Site; or (iii) bypass any measures MMS may use to prevent or restrict access to the Site or the Services;
  8. with the intention of inappropriately or artificially inflating or altering the ranking, rating, popularity, reputation, comments or any other Service respecting Content or your or another person’s Account, including giving or receiving money or other remuneration in exchange for any rating or other reputation-altering activity on the Site, or participating in any other organized effort that in any way inappropriately or artificially alters the results of the Services;
  9. to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;
  10. to attempt to impersonate another Member or person; or
  11. to sell or otherwise transfer (whether for remuneration or not) your Member Account.

MMS may in its sole discretion remove any Content or Account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content). To report Terms of Use abuse, please email: [info@MarineLS.com]

You are solely responsible for your interactions with other Users of the Site. MMS reserves the right, but has no obligation, to monitor disputes between you and other Users.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SITE

By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, you represent and warrant that you own all rights in the Content and you agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/. For clarity, the foregoing does not apply to the Content on any external sites to which the Site or the Services link.

CONTENT PRIVACY and CONTENT MARKED as PRIVATE

By linking to, uploading, or entering content into the Site (including, but not limited to text, comments, categorizations, taggings, rankings, messages, information, data, graphics, news or articles, papers, theses or other works, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"), you agree that this Content may be accessible to others including, but not limited to other Members, site administrators, or the general public. This is true even for Content that is marked as “Private”. Designating any kind of Content as Private may prevent its disclosure under certain circumstances, but in no way guarantees that it will not be accessible and available to other people, including people you may not wish to have access to that content. By using this site you explicitly allow any Content that you place on the site to be accessible to other people regardless of whether it is marked as Private or public, and you agree that by adding such Content you are explicitly allowing it to be viewed by other people without limitation.

COPYRIGHT COMPLAINTS

MMS respects the intellectual property of others. It is MMS's policy to respond expeditiously to claims of copyright and other intellectual property infringement. MMS will promptly process and investigate notices of alleged infringement using its sole and reasonable discretion. Upon receipt of notices complying or substantially complying with applicable laws and regulations, MMS in its sole discretion may act expeditiously to (a) remove or disable access to any Content claimed to be infringing or claimed to be the subject of infringing activity; and/or (b) remove or disable access to any reference or link to Content or activity that is claimed to be infringing. MMS reserves the right in its sole discretion to terminate access for Users who are willful and/or repeat infringers.

To provide MMS notice of an infringement, you must provide a written communication to the attention of ["Intellectual Property Infringement Notification Dept."] care of [info@MarineLS.com] that sets forth all relevant information regarding the alleged infringement. Please note that MMS may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your or another person’s copyright.

If MMS removes or disables access to Content in response to an infringement notice, MMS will make reasonable attempts to contact the owner or administrator of the affected website or Content. If you feel that your Content does not constitute infringement, you may provide MMS with a counter notification by written communication to the attention of ["Intellectual Property Counter Notification Dept." at info@MarineLS.com] that sets forth all relevant information regarding your position. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity or Content is not infringing the copyrights of others. If you are uncertain whether an activity or Content constitutes infringement, MMS recommends seeking advice of an attorney.

INDEMNITY

You indemnify and hold harmless MMS, Marine Learning Systems, its parents, subsidiaries, affiliates, customers, vendors, officers, directors, employees and consultants from any liability, damage or cost (including reasonable attorneys fees and costs) from any claim or demand made by any third party due to or arising out of your access to the Site, your use of the Services, your violation of the Terms of Use or the infringement by you or any third party using your Member Account or Member Name of any intellectual property or other right of any person or entity.

WARRANTY DISCLAIMERS

You acknowledge that MMS has no control over, and no duty to take any action regarding: which Users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release MMS from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. MMS makes no representations concerning any Content contained in or accessed through the Site or the Services, and MMS will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material or Content contained in or accessed through the Site or the Services. THE SERVICES, THE CONTENT AND THE SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LINKS

The Services may provide, or third parties may provide, links to Content found on other websites or resources. Because MMS has no control over such sites, resources and Content, you acknowledge and agree that MMS is not responsible for the availability of such external sites, resources or Content 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 MMS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MMS, Marine Learning Systems, OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (A) WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (B) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

TERMINATION

MMS may terminate or suspend any and all Services, your Member Account and your Member Name immediately, without prior notice or liability, for any reason, including if you breach or are suspected of breaching any of the terms or conditions of the Terms of Use. Upon termination of your Account and Member Name your right to use the Services will immediately cease. You may request termination of your MMS account by e-mailing MMS at info@MarineLS.com. All provisions of the 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.

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind MMS in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MMS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MMS's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use are not assignable, transferable or sublicensable by you except with MMS's prior written consent. MMS may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, as if made within British Columbia between two residents thereof, and the parties submit to the exclusive jurisdiction of the Courts of the Province of British Columbia. Both parties agree that the Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

TRADEMARKS

“MMS”, Marine Learning Systems, and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Marine Learning Systems in Canada, the United States and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the MMS icon pack for the express purpose of adding a “Submit to MMS” link may be used on partner and third party sites in connection with such express purpose.

EFFECTIVE DATE

These Terms of Use are effective as of May 1, 2012.

PRIVACY POLICY

The following Privacy Policy outlines your rights and obligations respecting your privacy when using MMS’s website, as well as MMS’s browser plug-in and MMS’s link which can be placed on your external content pages (collectively, the website, the plug-in and the link are the “Site”).

MMS was created for the purpose of enabling people to find and share text, comments, categorizations, taggings, rankings, messages, information, data, graphics, news or academic articles, papers, theses or other works, photographs, images, illustrations, software, audio clips and video clips (collectively, "Content") by enabling them to link to, rate, rank and comment on what they find interesting, helpful or authoritative. MMS knows that you care about how your personal information is used and shared, and MMS takes your privacy very seriously. Please read the following to learn more about MMS’s policies and procedures respecting your privacy and your personal information. By visiting the Site, you are accepting the practices outlined in this Privacy Policy.

This Privacy Policy describes MMS's treatment of information that MMS gathers when you are on the Site and when you use MMS’s services. This Privacy Policy does not apply to the practices of third parties that MMS does not own or control, or to individuals that MMS does not employ or manage.

INFORMATION COLLECTED BY MMS

MMS only collects information from Members that is relevant to the use of the Site. MMS does not process this collected information in a way that is incompatible with these purposes. MMS collects the following types of information from MMS Members:

Information You Provide to MMS:

In order for you to use many of the features of the Site and MMS’s services, such as submitting Content to the Site and receiving reputation points, you must create a Member Account. In creating a Member Account, MMS requires you to provide certain personal information.

In addition to the information that you are required to provide, MMS allows you to include additional information as part of your Member Account, such as a bio, favorite URLs, interests and activities, etc. You may also choose to include photos of yourself as part of your Member Account. You should be aware that other than certain identifying personal information that you provide, such as your name, address and e-mail address, all information that you provide in creating or amending your Member Account will be publicly available, whether or not it is marked as private.

Automatic Information:

MMS receives and stores certain types of information whenever you interact with the Site or other Members. For example, MMS and its authorized agents automatically receive and record certain "traffic data" on their server logs from your browser including your IP address, MMS cookie information, and the page(s) you requested. MMS uses this traffic data to help diagnose problems with its servers, analyze trends and administer the Site.

In addition, MMS will collect and display in various places on the Site other information respecting individual Members and their interactions with other Members on the Site. This other information will include but not be limited to the number of times that an individual Member’s Account page has been viewed, ratings and rankings of individual Members, comments made by and about individual Members and the number of reputation points held by Members.

E-MAIL COMMUNICATIONS

MMS is very concerned about your privacy and will never provide your email address to a third party without your explicit permission, as detailed in the "Sharing Your Information" section below. MMS may send out e-mails with MMS-related news, surveys, etc. You may also receive notification e-mails from MMS which inform you of actions (e.g. connection requests) that have been performed on the Site. If you do not want to receive e-mail from MMS, please select the appropriate choice in your Member Account and/or follow the instructions contained in the unwanted e-mail message. However, please note that in all cases you will continue to receive all system e-mails (e.g. those regarding forgotten Member passwords) and legal notices (e.g. updates to MMS policies).

COOKIES

Cookies are alphanumeric identifiers that MMS transfers to your computer's hard drive through your Web browser to enable MMS’s systems to recognize your browser and tell MMS how and when pages on the Site are visited and by how many people. The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. MMS recommends that you leave the cookies activated because cookies are required to enable you to use all of the Site’s features.

SHARING YOUR INFORMATION

Because MMS enables people to discover and share Content with one another, information about MMS Members and their activities is an integral part of the Site and the services provided by MMS. MMS will never rent nor sell any information that you provide to it and will share your personal information only as follows:

  1. MMS’s officers, directors, employees, consultants and/or contractors may have access to Member information if necessary in the normal course of MMS’s business or to perform a specific task. All of MMS’s officers, directors, employees, consultants and/or contractors will be required to enter into agreements with MMS prohibiting disclosure or inappropriate use of this information.
  2. In some cases, MMS may choose to transfer its assets to another company. In these types of transactions, User and Member information is typically one of the assets that will be transferred. However, MMS will not separately sell or rent any information that you provide to it, and such information will only be transferred in connection with a transfer of all or substantially all of MMS’s assets.
  3. MMS may release information if it believes, acting reasonably and in good faith, that release is necessary to comply with a law, to enforce or apply its Terms of Use and other policies, or to protect the rights, property, or safety of MMS, its directors, officers, employees, consultants and contractors, its Users or others.
  4. Certain information collected by MMS during the creation of and amendments to your Member Account may be displayed to other MMS Members in your Member Account.
  5. MMS allows other Users to browse Content that you have submitted, linked to, ranked or commented on. This information is made available via your Member Account or within the Content on which you performed the action. MMS may choose to post this data on other Site features.
  6. Other Members, even if they are not your “connections” on the Site, will be able to see who your connections are and in some cases certain of your interactions with those connections.
  7. MMS will allow third parties access to all Content and data that are already publicly available through the Site. MMS will use its best efforts to keep private any passwords and other settings.
  8. MMS may allow for the RSS syndication of any or all Content.
  9. Except as noted above, MMS will seek your consent before sharing your information with third parties or using your information for a purpose incompatible with the purpose(s) for which it was originally collected.

KEEPING INFORMATION SECURE

Your Member Account information is protected by your password for your privacy and security. You should protect against unauthorized access to your password and to your computer by logging off of the Site once you have finished using a shared computer.

Many aspects of the Site and your interactions with the MMS community depend on the reputation and respect that is built up among Members through a history of valued contributions of Content. Member passwords are the best safeguard of the integrity of a Member's history on the Site, which will be represented by reputation points that have been assigned to a Member. All Members are encouraged to select strong passwords and to never share them. MMS will never knowingly expose or release the password of another Member to the public or any third party. MMS will not be responsible for any damages or losses incurred by a Member as a result of that Member’s password or Account being stolen or hacked by a third party.

Only MMS’s officers, directors, employees, consultants and contractors who need information respecting Members in the normal course of MMS’s business or to perform a specific task are granted access to such information. All of MMS’s personnel are kept up to date on MMS’s privacy and security practices.

CONTROLLING DISPLAY AND USE OF YOUR INFORMATION

By visiting your Member Account, you can correct, amend, add or delete (except for information which is required to be provided to create a Member Account) information provided in such Member Account. When you update information, however, MMS may maintain a copy of the unrevised information in its records.

You may request deletion of your MMS Member Account by e-mailing MMS at info@marinels.com, although MMS may retain a copy of your deleted Member Account in its records.

If you do not wish to receive e-mail or other messages from MMS or other MMS Members, please visit the e-mail preferences section of your Member Account and/or follow the instructions contained in the unwanted e-mail message. However, please note that you will continue to receive all system e-mails (e.g. those regarding forgotten user passwords) and legal notices (e.g. updates to MMS’s policies).

As explained earlier, the "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. Please note, however, that if your browser does not accept cookies, you will not be able to take advantage of all of the features of the Site.

RESTRICTIONS

You must be 13 years and older to register to use the Site. As a result, MMS does not specifically collect information about children. If MMS learns that it has collected information from a child under the age of 13, subject to applicable law it will delete that information as quickly as possible. MMS recommends that minors between the ages of 13 and 18 ask and receive their parents' or guardians’ permission before using the Site or sending information about themselves or anyone else over the Internet.

MODIFICATIONS TO THIS PRIVACY POLICY

MMS reserves the right, at its sole discretion, to modify or replace this Privacy Policy at any time. If the alterations constitute a material change to the Privacy Policy, MMS will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined in MMS's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Site and the Services following such notification constitutes your acceptance of the terms and conditions of the Privacy Policy as modified.

EFFECTIVE DATE

This Privacy Policy is effective as of May 1, 2012.