Maritime Mentoring Site and Marine Learning Systems (MMS)
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICES
USERS AND MEMBERS
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.
By way of example, and not as a limitation of the generality of the above paragraph, you agree not to use the Services:
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.
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.
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.
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.
“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.
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.
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.
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).
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:
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 email@example.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.
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.