Open Source datafile – terms of use for Datasets

Description

LOC (Local Ocean Conservation) strives to enhance public access to and use of data that it collects and publishes. The Datasets are collections of data, managed by LOC and provided in a number of machine-readable formats. LOC provides you with access to the Datasets free of charge subject to the terms of this agreement (these “Dataset Terms”), and subject to the general Terms and Conditions. Where these Dataset Terms conflict with the general Terms and Conditions, these Dataset Terms shall prevail. Use of data derived from the Datasets, which may appear in formats such as tables and charts, is also subject to these Dataset Terms.

Licenses

You are encouraged to use the Datasets to benefit the well-being of sea turtles in creative ways. You may extract, download, and make copies of the data contained in the Datasets, and you may share that data with third parties according to these terms of use.

Unless specifically labelled otherwise, these Datasets are provided to you under a Creative Commons Attribution 4.0 International License (CC BY-SA 4.0), with the additional terms below. The basic terms may be accessed here. When you download or use the Datasets, you are agreeing to comply with the terms of a CC BY-SA 4.0 license, and also agreeing to the following mandatory and binding addition:

Any and all disputes arising under this License that cannot be settled amicably shall be resolved in accordance with the following procedure:

Pursuant to a notice of mediation communicated by reasonable means by either You or the Licensor to the other, the dispute shall be submitted to non-binding mediation conducted in accordance with rules designated by the Licensor in the copyright notice published with the Work, or if none then in accordance with those communicated in the notice of mediation. The language used in the mediation proceedings shall be English unless otherwise agreed.

If any such dispute has not been settled within 45 days following the date on which the notice of mediation is provided, either You or the Licensor may, pursuant to a notice of arbitration communicated by reasonable means to the other, elect to have the dispute referred to and finally determined by arbitration. The arbitration shall be conducted in accordance with the rules designated by the Licensor in the copyright notice published with the Work, or if none then in accordance with the UNCITRAL Arbitration Rules as then in force. The arbitral tribunal shall consist of a sole arbitrator and the language of the proceedings shall be English unless otherwise agreed. The place of arbitration shall be where the Licensor has its headquarters. The arbitral proceedings shall be conducted remotely (e.g., via telephone conference or written submissions) whenever practicable

Attribution

You agree to provide attribution to LOC in the following format: Local Ocean Conservation: Dataset name: Data source (if known). When sharing or facilitating access to the Datasets, you agree to include the same acknowledgment requirement in any sub-licenses of the data that you grant, and a requirement that any sub-licensees do the same. You may meet this requirement by providing the uniform resource locator (URL) of these terms of use.

Citing

The dataset file you receive will contain information on how to cite the data when used. This must be adhered to correctly.

Exceptions for Some Third-Party Data

Some datasets and indicators are provided by third parties, and may not be redistributed or reused without the consent of the original data provider, or may be subject to terms and conditions that are different from those described above. Where applicable, these conditions are included in the dataset or indicator metadata.

Comments

We encourage you to share your suggestions and ideas for using or facilitating access to the Datasets with LOC. If you have questions, seek to use Datasets on license terms other than the ones described above, or wish to make other comments, please contact us at management@localocean.co.

No Endorsement

You may not publicly represent or imply that LOC is participating in, or has sponsored, approved or endorsed the manner or purpose of your use or reproduction of the Datasets. The LOC may prosecute, to the fullest extent of the law, any use of Datasets in a manner that falsifies, misrepresents, disparages or fraudulently uses the Materials.

No Association

You may not use the name, any trade-mark, official mark, official emblem or logo of LOC, or any of its other means of promotion or publicity, without prior written consent nor in any event to represent or imply an association or affiliation with LOC.

No Warranties

LOC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this website, the Datasets, any means of accessing or utilizing the Datasets, at our sole discretion with or without prior notice to you.

LOC may at our sole discretion, under any circumstances, for any or no reason whatsoever and with or without prior notice to you, terminate your access to the Datasets, any means of accessing or utilizing the Datasets or the API.

LOC DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE PROVISION OF THE DATASETS AND THE APIs..

Exclusion of Liability

LOC SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE DATASETS. LOC also shall not be responsible or liable for the accuracy, usefulness or availability of any data in the Datasets. You acknowledge that these Dataset Terms constitute a non-exclusive agreement. LOC may develop products or services that compete with products or services that you offer without incurring any liability.

Other parties may have ownership interests in some of the data and information (“Materials”) contained on the Site. LOC in no way represents or warrants that it owns or controls all rights in all Materials, and LOC will not be liable to you for any claims brought against you by third parties in connection with your use of any Materials.

Nothing herein shall constitute or be considered to be as an express or implied limitation upon or waiver of the privileges and immunities of LOC, all of which are specifically reserved.

Other

Please review the Terms and Conditions prior to using the Datasets. These Dataset ‘Terms incorporate LOC’s Terms and Conditions by reference. By using the Datasets or any presentations of data derived from them, or by using our APIs in connection with the Datasets, you consent to be bound by LOC’s Terms and Conditions, including these Dataset Terms.

These Dataset Terms may be amended by LOC over time at our sole discretion. Please periodically review the controlling version of these Dataset Terms. By continuing to use the Datasets subsequent to LOC making available an amended version of these Dataset Terms, you acknowledge, agree and consent to such amendment.

Last Updated: June 20th 2020