OCEAN STORY FOUNDATION TERMS & CONDITIONS

This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: October 03/03/2011.

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (“Statement”) derives from the Ocean Story principles, and governs our relationship with users and others who interact with Ocean Story. By using or accessing Ocean Story, you agree to this Statement.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy make important disclosures about how you can use Ocean Story to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you post on Ocean Story, and you can control how it is shared through your privacy and application settings. In addition:
1. For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Ocean Story (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
4. When you publish content or information using the “everyone” setting, it means that you are allowing everyone, including people off of Ocean Story, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about Ocean Story, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

3. Safety

We do our best to keep Ocean Story safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Ocean Story.
2. You will not collect users’ content or information, or otherwise access Ocean Story, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Ocean Story.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will not offer any contest, giveaway, or sweepstakes (“promotion”) on Ocean Story without our prior written consent.
10. You will not use Ocean Story to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working of Ocean Story, such as a denial of service attack.
12. You will not facilitate or encourage any violations of this Statement.

4. Registration and Account Security

Ocean Story users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Ocean Story, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal profile.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
5. You will not use Ocean Story if you are under 13.
6. You will not use Ocean Story if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

5. Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.
1. You will not post content or take any action on Ocean Story that infringes or violates someone else’s rights or otherwise violates the law.
2. We can remove any content or information you post on Ocean Story if we believe that it violates this Statement.
3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
4. You will not use our copyrights or trademarks without our written permission.
5. If you collect information from users, you will: obtain their consent, make it clear you (and not Ocean Story) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
6. You will not post anyone’s identification documents or sensitive financial information on Ocean Story.
7. You will not tag users or send email invitations to non-users without their consent.

6. Payments

 By ordering Products, booking Events, making Donations on this website you confirm either:

1. that you are doing so in your personal capacity and that you accept that these terms and conditions will apply; or
2. where you are ordering a Product, booking an Event, making a Donation in the name of another individual, a partnership, company or other legal entity, that you have the right and authority to do so and to accept these terms and conditions on behalf of such individual, partnership, company or other legal entity.

Ordering Products1. It is your responsibility to ensure that all details of each order you place are complete and accurate.

2. Each order will be an offer by you to purchase Products subject to these terms and conditions. Ocean Story will not be bound to supply any Products ordered until it has accepted the order by email or otherwise notified its acceptance to you. Ocean Story is entitled to reject any order and, if it does so, it will notify you.

Making Donations

1. When making a Donation it is your responsibility to make sure that the amount of your donation is correct.

2. Donations will only be refunded to you at the absolute discretion of Ocean Story.

3. Ocean Story is not responsible for any dissatisfaction you may have regarding their use of any donation you may make through the website. Ocean Story reserves the right to use your donation for its general purposes.  Ocean Story cannot guarantee that funds will be earmarked for a particular purpose, unless specifically stated.

NB.  If you are purchasing a lottery ticket you must be over the age of 16.

7. Disputes

1. The laws of England & Wales will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in England & Wales for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or information on Ocean Story, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP OCEAN STORY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING OCEAN STORY “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OCEAN STORY WILL BE SAFE OR SECURE. OCEAN STORY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.  WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OCEAN STORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR OCEAN STORY WILL NOT EXCEED THE GREATER OF ONE HUNDRED POUNDS (£100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OCEAN STORY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Definitions

1. By “Ocean Story” we mean the features and services we make available, including through (a) our website at www.oceanstory.org and any other Ocean Story branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plug-ins such as the like button, the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By “Platform” we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Ocean Story or provide data to us.
3. By “information” we mean facts and other information about you, including actions you take.
4. By “content” we mean anything you post on Ocean Story that would not be included in the definition of “information.”
5. By “data” we mean content and information that third parties can retrieve from Ocean Story or provide to Ocean Story through Platform.
6. By “post” we mean post on Ocean Story or otherwise make available to us (such as by using an application).
7. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By “active registered user” we mean a user who has logged into Ocean Story at least once in the previous 30 days.
9. By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

9. Other

1. This Statement makes up the entire agreement between the parties regarding Ocean Story, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
9. You will comply with all applicable laws when using or accessing Ocean Story.

Ocean Story © 2011 • English (UK)