1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof on the Ocean Legacy website. You agree to review the TOU on a regular basis to keep yourself apprised of any changes. If you do not agree to any modifications, you should immediately terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes to the TOU, will constitute a binding acceptance by you of the TOU or any subsequent modifications thereof.
You understand that all postings, messages, text, files, images, photos, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that Ocean Legacy does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and that under no circumstances will Ocean Legacy be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Ocean Legacy does not pre-screen or approve Content, but that Ocean Legacy shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, WEBSITES, AND SERVICES
Your interactions with third-parties found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Ocean Legacy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this website, or between users and any third party, you understand and agree that Ocean Legacy is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Ocean Legacy, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c) that impersonates any person or entity, including, but not limited to, an Ocean Legacy employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
d) that includes personal or identifying information about another person without that person’s explicit consent;
e) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
f) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
g) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
h) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
i) 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;
j) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
k) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
l) contact anyone who has asked not to be contacted;
m) “stalk” or otherwise harass anyone;
n) collect personal data about other users for commercial or unlawful purposes;
o) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Ocean Legacy;
p) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
q) attempt to gain unauthorized access to Ocean Legacy’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Ocean Legacy website; or
r) use any form of automated device or computer program that enables the submission of postings on Ocean Legacy without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
6. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by applicable copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilations. Any reproduction, modification, creation of derivative works from or redistribution of the website or the collective work, and/or copying or reproducing the website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Ocean Legacy. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Ocean Legacy and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Ocean Legacy is a trademark of Ocean Legacy.
Although Ocean Legacy does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Ocean Legacy an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Ocean Legacy all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
7. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE OCEAN LEGACY WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE OCEAN LEAGACY WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OCEAN LEGACY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE OCEAN LEGACY WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, OCEAN LEGACY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OCEAN LEGACY WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE OCEAN LEGACY WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OCEAN LEGACY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE OCEAN LEGACY WEBSITE OR THE SERVICE.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF WARRANTY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 CDN DOLLARS.
8. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OCEAN LEAGCY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF OCEAN LEGACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE OCEAN LEGACY WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE OCEAN LEGACY WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE OCEAN LEGACY WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE OCEAN LEGACY WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OCEAN LEGACY WEBSITE OR THE SERVICE OR ANY LINKS ON THE OCEAN LEGACY WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OCEAN LEGACY WEBSITE OR THE SERVICE OR ANY LINKS ON THE OCEAN LEGACY WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 CDN DOLLARS.
9. TERMINATION OF SERVICE
You agree that Ocean Legacy, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Ocean Legacy believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Ocean Legacy shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-12 shall survive notwithstanding the termination of your access.
You agree to indemnify and hold Ocean Legacy its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
11. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU by emailing to:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Ocean Legacy to pursue legal action to enforce the TOU, you will be liable to pay Ocean Legacy the following amounts (in Canadian dollars) as liquidated damages, which you accept as reasonable estimates of Ocean Legacy’s damages for the specified breaches of the TOU:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Ocean Legacy one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
b. If Ocean Legacy establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Ocean Legacy one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Ocean Legacy in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Ocean Legacy’s email addresses or through Ocean Legacy’s computer systems, you agree to pay Ocean Legacy twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay Ocean Legacy one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Ocean Legacy may elect to issue a warning before assessing damages.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without Ocean Legacy’s express written permission, you agree to pay Ocean Legacy three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Ocean Legacy’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, Ocean Legacy retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.
12. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Ocean Legacy and govern your use of the Service, superseding any prior agreements between you and Ocean Legacy.
The TOU, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Province of British Columbia, Canada.
Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to the Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of Ocean Legacy to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the TOU is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the TOU shall otherwise remain in full force and effect and be enforceable. The agreement between you and Ocean Legacy is not assignable, transferable or sublicensable without the prior written consent of Ocean Legacy. Ocean Legacy may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of the TOU. Headings are for convenience only and have no legal or contractual effect.
The Ocean Legacy Foundation
13537 64A Ave
The Ocean Legacy Foundation is a federally registered Canadian non-profit, certificate of Incorporation number: 907885-1