TERMS AND CONDITIONS

Updated on: 25 April 2023
Effective from: 25 April 2023

These Terms (defined below) govern your use of the FISHTERM Fisheries Terminology Database website (defined below). They override any other terms and conditions found on the FISHTERM Fisheries Terminology Database website or any other product terms which you may have already accepted in relation to your use of other products provided by FISHTERM Fisheries Terminology Database (FFTDB).

In consideration of FFTDB making its website available to you, you agree to accept these Terms. Where you are accessing the FISHTERM website through an App, these Terms are subject to the applicable App store’s terms and conditions. You should print a copy of these Terms or save them to your computer for future reference.

1. INTERPRETATION

1.1 In these Terms, unless the context otherwise requires, the following expressions shall have the following meanings:
Authorised User means (i) you, the Buyer who has a valid username and password to access the FISHTERM Fisheries Terminology Database website and has valid authorisation to access any Product(s); or (ii) you an individual who has (a) a valid username and password to access the FISHTERM Fisheries Terminology Database website; and (b) been authorised by a Buyer who has a valid licence to access any Product(s) and “the Authorised User” means the relevant Authorised User.
Buyer means (i) you the individual who has acquired a licence to use a Product or any number of Products; or (ii) the Organisation who has acquired a licence to use a Product or any number of Products.
Fees mean the relevant Product fees payable by the Buyer to access the Product in question on the FISHTERM Fisheries Terminology Database website.
Intellectual Property Rights mean all patents, rights to inventions, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, database right, topography rights, moral rights, rights in confidential information (including knowhow and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Licence Period means the period set out in the Product Specific Term during which the Product in question is accessible by You.
Organisation means an institution or an entity that is granted access to the FISHTERM Fisheries Terminology Database website by FISHTERM, and who has acquired a licence to access a Product or any number of Products from FISHTERM. For the avoidance of doubt, where an Organisation consists of a number of individual entities, branches and/or a federation, each entity, branch or entity within that federation shall be deemed as an individual Organisation unless otherwise agreed in writing.
Parent means a parent or guardian of an Authorised User who is a student.
Product(s) mean certain premium content or functionality made available by FISHTERM and acquired by a Buyer for the use by its Authorised User(s) which is accessed and used via the FISHTERM Fisheries Terminology Database website, and “the
Product(s)” mean the relevant Product(s) purchased by the Buyer which it makes available to the Authorised User(s).
Product Specific Terms mean the licence and usage terms and conditions relating a specific Product.
Software means the software provided by us or our licensors which enables You to use and access the FISHTERM Fisheries Terminology Database website and the Products via the FISHTERM Fisheries Terminology Database website.
Terms mean these terms and conditions.
User Materials mean any content and/or materials uploaded onto the FISHTERM Fisheries Terminology Database website by You and/or transferred by You to another Authorised User which are not licensed by FISHTERM to you.
You or Your means the Organisation, the Buyer or the Authorised Users (as the context requires).
1.2 Headings in these conditions shall not affect their interpretation.
1.3 Words importing any gender shall include any other gender.
1.4 Words importing the singular number shall include the plural number and vice versa including the definitions referred to in Clause 1.1 hereof.
1.5 Where any word or expression is defined in these Terms, the definition shall extend to all grammatical variations and cognate expressions of the word or expression so defined.
1.6 All references to provisions of statutes include such provisions as amended, modified or re–enacted.
1.7 Where applicable, the Buyer shall procure that each and every one of its Authorised Users comply with the provisions of these Terms; and the Buyer shall be liable for any breach of these Terms by its Authorised Users as though the breach was committed by the Buyer. Without prejudice to the generality of the foregoing:
1.7.1 an Organisation is responsible for ensuring that its users (including Parents) comply with these Terms; and

1.7.2 the Buyer who has acquired a licence to access a Product is responsible for ensuring that the actual user of the FISHTERM Fisheries Terminology Database website and/or the Product complies with these Terms.

2. LICENCE

2.1 In consideration of the Fees paid by the Buyer to FISHTERM, FISHTERM grants to You, a non–exclusive licence to access and use the Product(s) via the FISHTERM Fisheries Terminology Database website during the Licence Period. In this regard, You are entitled to use the Software (in object code form) to access the Products and to use the FISHTERM Fisheries Terminology Database website for educational or business purposes on the basis of a single licence for a single user.
2.2 Notwithstanding Clause 2.1, You must not:
2.2.1 sub–license or assign the benefit or burden of the licence set out in Clause 2.1 in whole or in part to anyone;
2.2.2 attempt to duplicate, modify, disclose or distribute any portion of the Software;
2.2.3 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human–perceivable form any of the Software, except as is allowed by any applicable law which is incapable of exclusion by agreement between FISHTERM and You;
2.2.4 transfer, temporarily or permanently, any rights or obligations under these Terms (save as provided under these Terms); or
2.2.5 attempt to obtain, or assist others in obtaining access to the FISHTERM Fisheries Terminology Database website, the Software, and the Products other than as provided under Clause 2.
2.3 You grant and You shall procure that Your licensors‘ grant to FISHTERM, a perpetual, irrevocable, non–exclusive, sub–licensable licence to use Your User Materials for FISHTERM ‘s business purposes including the right to host Your User Materials for You. The foregoing licence includes the right to make copies of Your User Materials, issue copies of User Materials, rent or lend Your User Materials, perform, show or play Your User Materials in public (including over the internet), communicate Your User Materials, and to adapt Your User Materials. In addition,
You irrevocably and unconditionally waive in favour of FISHTERM, all moral rights conferred on You by Chapter IV, Part 1, Copyright Designs and Patents Act 1988 and any other moral rights provided for under the laws now or in force in any part of the world for all Your User Materials which You licence to FISHTERM. For the avoidance of doubt, this Clause 2.3 shall remain in force even after Your access to FISHTERM Fisheries Terminology Database website and/or the Products has ceased for any reason. You understand that this material will be used in an anonymous way (that is, without your name or other personal data appearing). 

3. ACCESSING THE FISHTERM FISHERIES TERMINOLOGY DATABASE WEBSITE AND YOUR PRODUCTS

3.1 You acknowledge that You will only be able to access the Products on the FISHTERM Fisheries Terminology Database website during relevant Licence Periods for the Products in question and that Your access and use of each of the Products will be governed by the Product Specific Terms which relate to that Product. Without prejudice to the foregoing, You must not:
3.1.1 systematically make printed or electronic copies of content and/or materials in any Products for any purpose in either print or electronic format unless allowed under the Product Specific Terms;
3.1.2 remove or alter the copyright notices or other means of identification or disclaimers as they appear in any of the Products;
3.1.3 display or distribute any part of the Products on any electronic network, including without limitation the Internet and the World Wide Web, where access is possible by anyone not an Authorised User; and/or
3.1.4 permit anyone other than the Authorised Users to access or use any of the
Products including any content and material making up those Products.
3.2 If You are acquiring any Products on behalf of Your Organisation, You warrant that You have the authority to do so and agree to the Product Specific Terms on behalf of Your Organisation.
3.3 To access and use the Products, You will need to create a username and password and log into Your FISHTERM Fisheries Terminology Database using Your username and password. You should thereafter be able to access the relevant Products.

4. YOUR OBLIGATIONS

4.1 The Buyer is responsible for the selection of the Products it acquires and
whether such Products meet its and its Authorised Users requirements.
4.2 You agree not to make available Your username and/or password to anyone save if you contact FISHTERM’s support team and if requested by FISHTERM’s support team.
If there has been a disclosure of Your username and/or password, You agree to notify us promptly of such disclosure, so that we can take appropriate security measures.
4.3 You undertake not to upload any User Materials onto the FISHTERM Fisheries Terminology Database website or send and/or transmit to other Authorised Users, any content which is illegal, obscene, threatening, defamatory, discriminatory,
promote illegal or unlawful activity, or be otherwise actionable or in violation of any rules, Intellectual Property Rights, regulations or laws to which such content is subject.

4.4 You are solely responsible for the accuracy, legality, and compliance with the relevant laws and regulations in respect of the content which You send to other Authorised Users and/or the User Materials that You upload onto the FISHTERM Fisheries Terminology Database website. You acknowledge that we do not operate or exercise control over, and accept no responsibility for the User Materials which You upload onto the FISHTERM Fisheries Terminology Database website or transfer through the FISHTERM Fisheries Terminology Database website.
4.5 If we suspect that a breach of Clauses 4.3, 4.4, 4.7, 4.9 and/or 7.2 has occurred or is likely to occur, we may, without giving notice and liability to You, remove Your User Materials and/or suspend Your access to the FISHTERM Fisheries Terminology Database website and/or Your Products.
4.6 You agree that You will promptly notify us of any errors or inaccuracies which relate to the Products. In this regards, please contact us using the Contact us page.
4.7 You must not introduce any malicious codes or harmful element e.g. virus and Trojans onto the FISHTERM Fisheries Terminology Database website.
4.8 Unless otherwise agreed in writing by FISHTERM, You are solely responsible for configuring Your computer devices in order to access the FISHTERM Fisheries Terminology Database website and the Products, and to provide for Your own virus protection software. To access the FISHTERM Fisheries Terminology Database website and/or
the Products, Your computer device must meet the specification detailed in our System requirements.
4.9 You warrant that any personal data which You provide to FISHTERM for FISHTERM to process would not put FISHTERM in breach of any applicable data protection laws and You agree to indemnify and keep FISHTERM indemnified against breach by You of the foregoing warranty.
4.10 The Organisation agrees to indemnify and keep us indemnified for any losses, damages, fines arising from or which are connected to any breach by it and/or its Authorised Users of Clauses 2.3, 4.3, 4.4, 4.7, 4.9 and/or 7.2.

5. OUR OBLIGATIONS

5.1 We will:
5.1.1 use reasonable endeavours to ensure that Your Products are accessible on the FISHTERM Fisheries Terminology Database website; and
5.1.2 (if we have agreed to do so in writing) provide You with training and help notes on how to use the FISHTERM Fisheries Terminology Database website.

6. WITHDRAWAL OF PRODUCTS AND CHANGES TO SOFTWARE FUNCTIONALITY

6.1 We reserve the right at any time to withdraw a Product including any components within a Product for any reason including:
6.1.1 if we no longer retain the right to publish such material; or 6.1.2 if in our sole discretion, we believe that such material may infringe the Intellectual Property Rights of third parties or is defamatory, obscene, unlawful or
otherwise objectionable.
In the circumstances above, we shall notify the Buyer of such withdrawal as soon as reasonably practicable.
6.2 On receipt of the notice referred to in Clause 6.1, the Buyer (if the Buyer is not itself an Authorised User) shall promptly inform its Authorised Users of FISHTERM’s notice set out in Clause 6.1 and You agree to immediately cease all use of the withdrawn material and shall comply with our instructions with respect to the deletion and/or removal of such withdrawn material.
6.3 We reserve the right to add or remove functionality of the Software without giving any reasons and in these circumstances, we will notify you of such change as soon as reasonably practicable.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 As between You and FISHTERM, You acknowledge that FISHTERM and/or FISHTERM’s licensors own all Intellectual Property Rights in the FISHTERM Fisheries Terminology Database website, the Software and the Products. Except as expressly stated in these Terms and the Product Specific Terms, FISHTERM does not grant You any rights to or in any Intellectual Property Rights or any other rights or licences.
7.2 If You become aware of any Intellectual Property Rights infringement or potential Intellectual Property Rights Infringement involving the FISHTERM Fisheries Terminology Database website, the Software and/or the Products (e.g. an unauthorised third party is using the FISHTERM Fisheries Terminology Database website or if You get a letter from a third party stating that the Software infringes such third party’s Intellectual Property Rights) You must inform us promptly. We will:
7.2.1 in our absolute discretion, determine what action if any shall be taken in respect of the matter;
7.2.2 have sole control over and shall conduct any action as we deem necessary; and
7.2.3 pay all costs in connection with that action and we shall be entitled to all damages and other sums which may be paid or awarded as a result of any such action. You agree to (at our cost) provide us with any assistance which we may request.
7.3 In the defence or settlement of a claim that the FISHTERM Fisheries Terminology Database website, the Software and/or the Products infringe third party Intellectual Property Rights (‘Infringing Items’), we may at our discretion:

7.3.1 obtain for You the right to continue using the Infringing Items;
7.3.2 replace or modify the Infringing Items with equivalent items so that they become non-infringing; or
7.3.3 if such remedies are not reasonably available, withdraw the Infringing Items and we will refund any of the Fees paid by the Buyer (less a reasonable sum in respect of the Buyer’s and its Authorised Users‘ use of the Infringing Items).
7.4 Clauses 7.2 and 7.3 set out Your sole and exclusive rights and remedies, and our entire obligations and liability, for infringement by us of Intellectual Property Rights.