Download the Marine Defender app to report and map oil pollution and marine debris.

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Terms

Marine Defenders User Agreement

Below is the user agreement for participating in and using the Marine Defenders app and website. This agreement is part of the Marine Defenders user registration process.

Your use of the Marine Defenders system (mobile reporting tool and the website www.marinedefenders.com) constitutes your acceptance of, and agreement with, Marine Defenders mandatory Terms of Use.

You agree to use Marine Defenders system only for legal purposes. You agree that any information you provide in order to obtain a user name and password on Marine Defenders is fully accurate and true. You may be excluded or removed from Marine Defenders at any time if such information is inaccurate or untrue.

You agree never to use Marine Defenders to publish, post, distribute, or disseminate any defamatory, obscene, or other unlawful material or information, including information of a proprietary nature that belongs to another, including trademarks or copyrighted information, without receiving, prior to any and all use of that material or information, express authorization from the holder of the relevant proprietary right. You agree never to use Marine Defenders to collect personal information or any data about Marine Defenders users.

National Fish and Wildlife Credit

Marine Defenders is a public educational project created by the SUNY Maritime College and Common Good Productions with support from the National Fish and Wildlife Foundation.

National Fish and Wildlife Disclaimer

The views and conclusions contained in this document/website/app are those of the authors and should not be interpreted as representing the opinions or policies of the National Fish and Wildlife Foundation. Mention of trade names or commercial products does not constitute their endorsement by the National Fish and Wildlife Foundation.

Background

The purpose of the Marine Defenders website and app is to report oil spills and marine debris and also to promote environmental awareness and increased understanding of the laws concerning marine oil pollution and marine debris. The Marine Defenders website and app work by collecting location data (via GPS on a mobile device), time, date, and verifying photographs of marine pollution.

The data collected by Marine Defenders can be edited and/or deleted by the Marine Defenders administrators and will be passed along to the National Response Center (NRC), the designated Federal Entity for reporting oil and chemical spills.

If you are a responsible for a spill (IF YOU ARE A RESPONSIBLE PARTY), use of the Marine Defenders reporting app and website DOES NOT IN ANY WAY MODIFY OR RELIEVE YOU OF YOUR LEGAL RESPONSIBILTY to call the National Response Center directly to report a spill or environmental incident.

The National Response Center (NRC) is the sole federal point of contact for reporting oil and chemical spills. If you have a spill to report, contact the NRC via their toll-free number- 1-800-424-8802 -- or check out the NRC Web Site for additional information on reporting requirements and procedures. For those without 800 number access, please contact the NRC at 202-267-2675. The NRC operates 24 hours a day, 7 days a week, 365 days a year.

When you use the Marine Defenders system to report oil spills and marine debris you are reporting a possible criminal incident to the National Response Center and/or the US Coast Guard and other governmental agencies, and they will likely contact you via your phone number or email to confirm the report.

All data on Marine Defenders is unverified. This means Marine Defenders IS NOT checking if what you post is true. You are personally responsible for the information you report.

All data on oil spills and marine debris, photos and associated metadata will remain in the public domain and is intended to be kept indefinitely.

Registration / Access and Use of Website and Software

By creating a Marine Defenders user account, downloading the Marine Defenders iPhone, iPad, and Android applications, and using the functions of the site or software, you acknowledge that you have read and agreed to the terms of this user agreement.

Please direct any questions or comment to Marine Defenders via marinedefenders@gmail.com

Users are required to register in order to access the user functions of the website or download any software. In connection with such registration, you agree to (a) provide an accurate, current, and complete email address, (b) to maintain and update your personal profile and email address to keep it accurate, current, and complete, and (c) that you are 13 years of age or older. You acknowledge that, if the email address you provide does not belong to you, is inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site immediately and without prior notice to you.

You must be 13 years or older to create an account on the Marine Defenders system. The system is not intended for use by anyone under the age of 13. By creating an account you are confirming that you are over the age of 13. If we have reason to believe that you are not of legal age to use this site, we have the right to terminate your account without notice and refuse any and all current or future use of the site or its software.

Your phone number and email address may be used to contact you about updates to the website or application, or for verifying pollutions reports made by you.

As part of the registration process, you will be asked to select a screen name and password. We may choose to refuse your Marine Defenders screen name if it is inappropriate, offensive, subject to copyright laws, or appears to be impersonating another user. You must agree to keep your login information confidential and not to transfer, sell, or give your access to the Marine Defenders site to another user. If we have reason to suspect you no longer control your user account, we may terminate your account without notice. If you feel your account is no longer secure, please contact Marine Defenders at marinedefenders@gmail.com and we will terminate the account.

Copyright

This website and any materials included on this website are Copyright 2012, SUNY Maritime College, All Rights Reserved. All content of this site is provided for information and educational purposes only. The Marine Defenders website is maintained by the SUNY Maritime College. The contents of this site are provided on an "as-is" basis, and may change at any time without notice. SUNY Maritime College has no obligations to provide maintenance, support, updates, enhancements, or modifications to this site or site software. Additionally, SUNY Maritime College may terminate operation of this site at any time, which would prevent you from continuing to use Marine Defenders functions.

A copy of the current user agreement will always be available on the Marine Defenders website. If at any time you no longer agree to the terms of the user agreement, you may cancel your account by contacting Marine Defenders at marinedefenders@gmail.com.

Privacy

SUNY Maritime College is concerned about the safety and privacy of all its users, particularly children. For this reason, we will not allow registration for the site from children under the age of 13, even with parental consent. When you register for a Marine Defenders account, certain personal information may be collected about you and will be passed along to the National Response Center and other government agencies. Otherwise, Marine Defenders will take all reasonable steps to ensure the privacy and security of this data. Additionally, when you use the Marine Defenders system location information stored by your cellular phone or entered on the website will be transmitted to a secure database. The data collected will be used to generate information about the location of marine pollution.

Know that all pollution data reported on MARINE DEFENDERS is PUBLIC. This is an open data sharing initiative. All reported data is open and this includes the location of the data.

SUNY Maritime College will only access the location data to ensure the proper functioning of Marine Defenders and to test the functionality of our software and hardware. We will not analyze your location data to make interpretations about your behaviors without contacting you for permission first.

SUNY Maritime College may track statistical information such as how frequently users log in to Marine Defenders or use Marine Defenders features. By using Marine Defenders you agree that these statistics may be used by Marine Defenders and the SUNY Maritime College. We will present these statistics only in aggregate forms that will not identify you (e.g., 65% of users log in every day, etc.).

In the event that a third party (either known or unknown to you) gains access to your account, the types of information that may be available to that person are:

Notify Marine Defenders immediate at marinedefenders@gmail.com if you feel your account has been accessed in this manner.

Certain personal information about you can be collected when you visit any website. When you visit the public portion of the website, the following information is collected: the name of the domain you used to access the internet, the date and time of your visit, and the pages you visited. SUNY Maritime College may use this information for statistical and reporting purposes and to help make this site more useful to visitors.

Liability

The content of this website is for pollution reporting and educational purposes only. SUNY Maritime College and Marine Defenders take no liability for any actions resulting from the use of the Marine Defenders system. By agreeing to these user terms, you waive Marine Defenders and SUNY Maritime College and its subcontractors of all liability, particularly in the event that your account and user information is accessed by a third party. We are not responsible for information accessed unlawfully from the website.

Marine Defenders reserves exclusively to itself the unlimited right to use, for any purpose, any and all data and/or information provided or generated by a user, including, but not limited to, data and/or information provided by a user in return for a user name and/or password.

You must abide by any and all policies posted on Marine Defenders (including those accessible by hotlink). You understand and agree that Marine Defenders provides no assistance, including the review, removal, or editing of content posted on, or any user support for the use of the Marine Defenders system.

You agree that Marine Defenders assumes no responsibility for the timeliness, deletion, or failure to store any user names, passwords, trackables, samples, images, or other data. You agree that Marine Defenders is not responsible for the results of any defects that exist in the Marine Defenders system, or any resulting lost data or information.

You agree not to assume that Marine Defenders or its content is error-free or that it will be suitable for the particular purpose that you have in mind when using it.

You agree that SUNY Maritime College reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Marine Defenders (or any part thereof) with or without notice in its sole discretion. You understand and agree that Marine Defenders shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Marine Defenders.

Furthermore, you agree that Marine Defenders may limit, terminate, or suspend your use of, or access to, Marine Defenders. You also agree that Marine Defenders may make changes to these Terms of Use at any time. You agree that you are solely and fully responsible for maintaining the confidentiality of your user name and password, and are solely and fully responsible for all activities that occur under your user name and password.

You agree that Marine Defenders cannot and will not be liable for any loss or damage arising from your failure to maintain confidentiality. You understand and agree that all information, data, text, or other materials posted on the Marine Defenders system, are the sole responsibility of the person who posted them, and not the responsibility of Marine Defenders, SUNY Maritime College and its subcontractors.

Links to Other Internet Sites

Marine Defenders may contain direct links to other Internet sites. However, please be aware that SUNY Maritime College does not control and is not responsible for the content, privacy practices and other terms and conditions governing the use of such other Internet sites or any other Internet sites which are linked to such sites.

Download of Software and Copyright notice

When you download the Marine Defenders app, you will be asked to accept and agree to abide by the following notice: Copyright © 2012, SUNY Maritime College. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

MARINE DEFENDERS IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND “AS AVAILABLE” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS WEBSITE AND APP SYSTEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

You understand and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

In this regard, you understand and agree that you may not rely on any content created by Marine Defenders or submitted to Marine Defenders. You understand and agree that Marine Defenders is in no way liable for any claims arising from your use of Marine Defenders.

As a necessary condition of your use, you and agree to indemnify Marine Defenders entirely for all claims relating to your use of the Marine Defenders system. Given the international nature of the Internet, you agree to comply with all local laws, articles, rules, and regulations that govern online conduct and acceptable content. Specifically, you agree to comply fully with all laws that apply to the transmission of technical data exported from the United States or the country in which you reside.

Marine Defenders grants you limited permission to use the object code of its software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software.

You agree not to modify the Marine Defenders software in any manner or form, or to use modified versions of the Marine Defenders software, including, without limitation, for the purpose of obtaining unauthorized access to Marine Defenders.

You agree not to access Marine Defenders by any means other than through the app or web-based graphical user interface that is provided by Marine Defenders for use in accessing Marine Defenders.

The documents and information on Marine Defenders website are copyrighted materials of Marine Defenders. Reproduction or storage of materials retrieved from Marine Defenders is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C.

The logos of Marine Defenders, “Marine Defenders”, regardless of the visual form or orientation in which they appear, belong exclusively to Marine Defenders. Marine Defenders reserves all rights. Marine Defenders respects the intellectual property of others, and users must do the same. Marine Defenders may, in appropriate circumstances, and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Marine Defenders has a policy of terminating, in appropriate circumstances and at Marine Defenders sole discretion, members who are deemed to be repeat infringers.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF MARINE DEFENDERS IS FULLY AT YOUR SOLE RISK. MARINE DEFENDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; MARINE DEFENDERS MAKES NO WARRANTY THAT (1) MARINE DEFENDERSWILL MEET YOUR REQUIREMENTS, (2) MARINE DEFENDERS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MARINE DEFENDERS WILL BE ACCURATE, RELIABLE, OR USEFUL (4) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH MARINE DEFENDERS WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE MARINE DEFENDERS SOFTWARE WILL BE CORRECTED; RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE USE OF MARINE DEFENDERS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF MARINE DEFENDERS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARINE DEFENDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR INFORMATION, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: THE USE OR THE INABILITY TO USE MARINE DEFENDERS; THE INFORMATION OBTAINED THROUGH OR FROM MARINE DEFENDERS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MARINE DEFENDERS; OR ANY OTHER MATTER RELATING TO MARINE DEFENDERS.

User Agreement Update Date: 5/12/2012