These Terms of Use govern your access to and use of the websites and webpages of the Global Seafood Alliance (also d/b/a Best Aquaculture Practices (“BAP”) and Best Seafood Practices (“BSP”), and collectively referred to herein as “GSA”, “we,” “us” and “our”), including globalseafood.org, bapcertification.org, bspcertification.org, and certificationportal.org and the GSA Member Portals accessed at globalsignin.org (collectively, the “Websites”). Please carefully review these Terms of Use in their entirety. PLEASE NOTE THAT SECTION 1 BELOW CONTAINS PROVISIONS REQUIRING MANDATORY ARBITRATION TO RESOLVE DISPUTES AS WELL AS JURY AND CLASS ACTION WAIVERS, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT. If you do not agree with these Terms of Use, your choice is not to use our Websites.
By clicking the “I Agree” button indicating that you have read these Terms of Use in connection with registering an account to access the GSA Portal (a “GSA Account”), or by otherwise accessing or using the Websites, you acknowledge that you accept and agree to comply with these Terms of Use. To the extent you are accessing or using the Websites (including by registering a GSA Account) on behalf of an entity, such as in your capacity as an owner, employee, agent or representative of (1) an entity seeking or maintaining certification of one or more facilities or vessels, (2) an entity seeking or maintaining GSA Marketplace Partner status, (3) a Certification Body, or (4) an entity seeking or maintaining GSA membership, you represent that you have the authority to bind that entity (or those entities) to these Terms of Use. If you (or any entity on whose behalf you are acting) do not agree to be bound by these Terms of Use, do not access or use the Websites, or submit any GSA Account registration information to our Websites.
These Terms of Use constitute (1) a binding agreement between you individually and GSA, and, to the extent applicable, (2) a binding agreement between the entity or entities you represent and GSA. References to “you” and “your” herein refer to you individually and, to the extent applicable, the entity or entities you represent.
We may update these Terms of Use from time to time in our sole discretion. In the event of a material revision to these Terms of Use, we will provide you advance notice of such revision (which may be an electronic notification within the Websites, within your GSA Account, and/or via an email, which GSA shall send to the last known email address you have provided to GSA), and request your acceptance of the revised Terms of Use. If you do not agree to the revised terms, your right to access and/or use the Website is terminated and you must immediately discontinue your access to and use of our Websites.
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DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION AND JURY TRIAL WAIVER.
SUBJECT TO SECTION 3.4 BELOW, BY AGREEING TO THESE TERMS OF USE, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST GSA ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION AGAINST GSA, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION BROUGHT AGAINST GSA BY SOMEONE ELSE.
Most disputes that arise out of the use of the Websites can be resolved quickly, informally, and with mutual satisfaction by reaching out to us at info@globalseafood.org.
If any dispute remains unresolved after that process, however, you and GSA agree to have all disputes resolved by arbitration, which shall be final and binding on both parties, except disputes (i) that may be brought in an individual action in small claims court, or (ii) that relate to the ownership or enforcement of intellectual property rights. In addition, you and GSA each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. In any such case, your waiver of the right to a jury trial and the class action waiver set forth in this Agreement shall continue to apply.
“Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and GSA concerning the Websites or the Terms of Use, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and GSA empower the Arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of the Terms of Use are void or voidable.
CLASS ACTION AND JURY TRIAL WAIVERS. BY ENTERING INTO THE TERMS OF USE, YOU AND GSA EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, YOU AND GSA AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN ANY PURPORTED CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR ANY OTHER PERSONS. As such, you and GSA acknowledge and agree that each waives any right to participation as a plaintiff or a class member in a class action litigation or arbitration, or in any other collective or consolidated action, with respect to these Terms of Use. Neither you nor GSA may be a representative of any other potential claimants or class of potential claimants in any such dispute, nor may two or more users’ disputes be consolidated or otherwise determined in one proceeding. This will also preclude you and GSA from participating in or recovering relief under any current or future class, joint, collective, representative, or consolidated action brought by someone else.
- Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.Notwithstanding any choice of law or other provision in the Terms of Use, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New Hampshire.
- Initiating Arbitration. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.) The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New Hampshire, and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the proposed list of arbitrators by the AAA, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
- Location and Procedures. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and GSA submit to the Arbitrator, unless you request a hearing and the Arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, arbitration may be conducted in person, through the submission of documents, by phone, or online, and your right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Rockingham County, New Hamphsire or in another jurisdiction to which you and GSA agree in writing; provided, however, that if circumstances prevent you from traveling to New Hampshire, the AAA may hold an in-person hearing in the state where you reside. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration
- Arbitrator’s Decision. The Arbitrator will render a written award within the time frame specified in the AAA Rules and shall provide a written decision with a statement of reasons if requested by either party. The Arbitrator may award declaratory or injunctive relief, but only in favor of the individual claimant, but only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Arbitrator shall not have authority to entertain any claim on behalf of a person who is not a named party, nor shall the Arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. The Arbitrator’s decision shall be final and binding on all parties. The Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
- Venue. You and GSA agree to submit to the exclusive jurisdiction of the federal or state courts located in Rockingham County, New Hampshire in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
- Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
- Severability. If any part of this Arbitration Agreement (i.e., Section 1), other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The class action waiver is non-severable and if it is deemed or found to be unenforceable for any reason, the whole Arbitration Agreement shall be null and void.
- Disputes Between Users. You are solely responsible for your interactions with other users of the Websites. GSA reserves the right, but has no obligation, to become involved in any way with disputes between you and other users of the Websites.
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Access to the website
Subject to and conditional upon your compliance with these Terms of Use, GSA provides you with access to our Websites and grants to you a limited, non-exclusive, non-transferable, right to use certain functionality we may make available to you from time to time via the Websites. We reserve the right to withdraw or amend the Websites, and any functionality, service, or material we provide on the Websites, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Websites is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Websites and ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.
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Additional GSA Portal Term
This section 3 contains additional terms applicable to users of the GSA Portal.
- Registration of an Account. You may be permitted or required to register and create a GSA Account in order to access certain information or services provided by GSA on the GSA Portal or to participate in certain GSA programs, including our BAP and BSP certification programs, Marketplace Partner program, and our GSA membership program. You are solely responsible for maintaining the confidentiality and security of your GSA Account and for all activities that occur on or through your GSA Account, and you agree to immediately notify GSA of any security breach of your GSA Account. GSA shall not be responsible for any losses arising out of the unauthorized use of your GSA Account. You agree to provide accurate and complete information when you register and create your GSA Account, and you agree to update your GSA Account information to keep it accurate and complete. You agree that GSA may store, use, and disclose your GSA Account information as set forth in GSA’s Privacy Policy.
- Other Agreements. Your access to and use of the GSA Portal is subject to your compliance with these Terms of Use, and your compliance with any Certification Agreement, Marketplace Partner Agreement, or other agreement that references these Terms of Use between GSA and you and/or entity or entities you represent.
- Confidentiality. Except as otherwise specifically provided in any other confidentiality or similar agreement between you and GSA, you agree to hold any Confidential Information (as defined below) you obtain as a result of using the GSA Portal in confidence and, unless required by law, not to make the Confidential Information available to any third party or to use the Confidential Information for any purpose other than the business activities for which you were given access to the Confidential Information. You agree to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by your employees or agents in violation of these Terms of Use. For purposes of these Terms of Use, “Confidential Information” means any and all non-public, confidential, or proprietary information of any party, including, without limitation, all information concerning GSA’s and its affiliates’, and their customers’ and other third parties’ past, present, and future business affairs including, without limitation, supply chain, facility audit or similar reports, test results, finances, customer information, or supplier information, and including audit or similar reports, products, services, organizational structure and internal practices, forecasts, sales and other financial results, records and budgets, and business, marketing, development, sales and other commercial strategies. You agree that aspects of the GSA Portal, including the specific design and structure of individual programs (including GSA’s BSP and BAP certification programs), constitute trade secrets and/or copyrighted material of GSA and its licensors. You shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of GSA and its licensors. You shall implement reasonable security measures to protect such Confidential Information, trade secrets, and copyrighted material. Title to the GSA Portal and all its content shall remain solely with GSA and its licensors.
- Mandatory Arbitration. To the extent that you are using the GSA Websites (including the GSA Portal) in connection with a Certification Agreement, Marketplace Partner Agreement, or other agreement between you and GSA, and such agreement includes a mandatory arbitration agreement, you and GSA agree to have all disputes resolved by arbitration as set forth in such Certification Agreement, Marketplace Partner Agreement or other agreement, which shall take precedence over the mandatory arbitration provisions in Section 1 above.
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Website Content, Security, Functionality, and Interactive Feature
GSA reserves the right to change the Websites’ content options (including eligibility for particular features) at any time.
You agree that the Websites may include security technology that is designed to limit your use, access and interaction with data contained therein. Any security technology is an inseparable part of the Websites. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology for any reason – or to attempt or assist another person to do so. You shall not access or attempt to access a GSA Account that you are not authorized to access.
The Websites may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Websites accessible and viewable bythe public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses to such content. You agree to provide accurate and complete information in connection with your submission of any materials on the Websites. You hereby grant GSA a perpetual, worldwide, royalty-free, nonexclusive license to use such materials as part of the Websites or in relation to GSA’s services, without any compensation or obligation to you. GSA reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. GSA has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Websites, to investigate any reported or apparent violation of these Terms of Use, and to take any action that GSA in its sole discretion deems appropriate, including, without limitation, termination of your participation in any GSA programs.
Certain content and services available via the Websites may include materials from third parties. GSA may provide links to third-party websites as a convenience to you. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You agree that GSA is not responsible for examining or evaluating the content or accuracy of such websites, and GSA does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that GSA is not in any way responsible for any such use by you.
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Intellectual Property Right
The Websites and all the content, features, and functionalities therein, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (“GSA IP”), are the property of, or are used with permission by, GSA, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify GSA IP in any way or reproduce or publicly display, perform, distribute, or otherwise use any such GSA IP for any public or commercial purpose. Any unauthorized use of GSA IP may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules, and regulations. You may not remove any copyright, trademark, or other proprietary notices from the Websites or any GSA IP. All rights to GSA IP not expressly granted herein are reserved by and to the respective owners of such GSA IP.
The Websites may use or display certain trademarks, trade names, service marks and logos, icons, and domain names that constitute registered and unregistered trademarks, trade names, and service marks owned by, or used with permission by, GSA. Nothing grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Websites without our written permission or the written permission of their third-party owner.
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Prohibited Use
You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries), (ii) to knowingly submit, send, or upload false, inaccurate, misleading, libelous, defamatory, obscene, threatening, invasive, abusive, illegal, or otherwise objectionable communications, (iii) to impersonate or attempt to impersonate any person or entity (including, without limitation, by using such person’s or entity’s identifiable information), (iv) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise, (v) to transmit, or procure the sending of, any advertising or promotional material, including any “junk email,” “chain letter,” “spam,” or any other similar solicitation, or (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm GSA, its customers, or users of the Websites, or expose them to liability.
Additionally, you agree not to (i) use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, (ii) use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites, (iii) use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent, (iv) use any device, software or routine that interferes with the proper working of the Websites, (v) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites, (vii) attack the Websites via a denial-of-service attack or a distributed denial-of-service attack, or (viii) otherwise attempt to interfere with the proper working of the Website
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Accuracy, Completeness, and Currentness of Information Posted
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents. We may update the content on the Websites from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
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Privacy
Our collection of information via the Websites, and our use and disclosure of such information, is set forth in our Privacy Policy. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
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Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Subject to the foregoing, you must not (i) establish a link from any website that is not owned by you, (ii) cause the Websites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, (iii) link to any part of the Websites other than the homepage, or (iv) otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission in our sole discretion, without notice.
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Geographic Restrictions
GSA is based in the state of New Hampshire in the United States. We provide the Websites primarily for use by persons located in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
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Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITES, OR ON ANY WEBSITE LINKED TO THE WEBSITES.
YOUR USE OF THE WEBSITES AND THE CONTENT THEREIN, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES AND THE CONTENT THEREIN AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GSA NOR ANY PERSON ASSOCIATED WITH GSA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER GSA NOR ANYONE ASSOCIATED WITH GSA REPRESENTS OR WARRANTS THAT THE WEBSITES OR THE CONTENT THEREIN, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
GSA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Limitation of Liability
IN NO EVENT WILL GSA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GSA, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITES, INCLUDING, BUT NOT LIMITED TO, YOUR USE OF THE WEBSITES’ CONTENT, FEATURES, AND FUNCTIONALITIES OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE.
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Copyright Infringement Notice and Takedown Policy
Notification of Infringement
GSA responds to complaints submitted under the Digital Millennium Copyright Act (“DMCA”) by responding to formally submitted reports of alleged infringement. We may remove or disable access to allegedly infringing material residing within our Websites. Also in accordance with the DCMA, GSA accepts formal complaint counter-notices of an affected party appealing removal.
To submit a notice of claimed copyright infringement to GSA, send a written communication with the information outlined below to our Copyright Agent, as required by the DMCA:
- Identification of the copyrighted work claimed to have been infringed (e.g., a link to the original work or clear description of the materials allegedly being infringed upon)
- Identification of the specific material that is claimed as infringing and information sufficient to permit GSA to locate that material on or within our Websites (providing a URL is the best way to help us locate the content quickly);
- A statement that you believe, in good faith, that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law;
- If you are not the copyright owner, a description of your relationship to the copyright owner;
- Your contact information, including your name, address, telephone number, and email address;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
Please note that under Section 512(f) of the DMCA you may be liable for damages and attorneys’ fees incurred by the alleged infringer or by GSA if you knowingly materially misrepresent that material or activity is infringing. If you are not sure whether material you are reporting infringes, you may first consider contacting an attorney.
GSA’s Response to Notifications
We will process complaints in the order they are received. Following receipt of a proper written notification, GSA will expeditiously remove or disable the allegedly infringing content. We will also notify the user who submitted or posted the allegedly infringing material, and provide them with a copy of the copyright infringement notification. We may suspend or terminate access to our Websites of a user who repeatedly or egregiously infringes the copyrights of others.
Counter Notification
If a user of our Websites believes that their content was removed or disabled by mistake or misidentification, the user can send us a written counter notification. If must include the following:
- Your contact information, including name, address, email address, and telephone number;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;
- A statement that the user consents to the jurisdiction of the U.S. Federal District Court for the judicial district in which the user will accept service of process from the person who originally provided GSA with the notification of infringement;
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material to be removed or disabled; and
- A physical or electronic signature signed by you.
Please note that under Section 512(f) of the DMCA, you may be subject to liability should you knowingly misrepresent that material or activity was removed or disabled by mistake or misidentification.
Upon receipt of a proper written counter notification, GSA will notify the submitter of the infringement notification and provide them with a copy of the counter notification, and will, on or after 10 business days following receipt of the counter notification, restore the removed material to the Websites unless our Copyright Agent first receives notice that a court action has been filed to restrain the user from engaging in infringement related to the allegedly infringing material.
Copyright Agent Information
Infringement notifications and counter notifications should both be submitted to our Copyright Agent using the contact information below. Please submit via writing or email but not both, as duplicate reports will delay processing:
Global Seafood Alliance
Attention: Copyright Agent
Subject Line: DMCA Notification / DMCA Counter
Notification Email: info@globalseafood.orgAddress:
Global Seafood Alliance
85 New Hampshire Avenue, Suite 200
Portsmouth, NH 03801 USADigital Millennium Copyright Act (DCMA) in its entirety can be found at: http://www.copyright.gov/legislation/hr2281.pdf.
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Miscellaneous
- Waiver and Severability. No waiver by GSA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GSA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
- Governing Law. All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule. You and GSA agree that any action at law or in equity that is not subject to the arbitration clause in Section 1 above shall be filed, and that venue properly lies, only in the state or federal courts located in Rockingham County, New Hampshire, United States of America, and you and GSA expressly consent and submit to the exclusive and personal jurisdiction of such courts for the purposes of litigating such action.
- Your Comments and Concerns. GSA welcomes your feedback, comments, requests for technical support and other communications relating to the Websites. Please contact us at info@globalseafood.org.