Terms of Use
CITIZEN SEA APPLICATION - Terms of Use
Last updated 05 December 2023
Summary
This is a summary of the terms and conditions for the use of the Citizen Sea mobile application. By using the Citizen Sea application, you are able to take a picture or upload from your camera roll, and label what is in the picture by choosing from a list of categories. Your picture, along with the category, date, time and location of where it was taken will be posted and shared on the Citizen Sea application.
Any pictures and related data on the Citizen Sea application may be shared with HUB Ocean – a not-for-profit foundation collecting and sharing data into the Ocean Data Platform (the “ODP”).
The purpose of both the Citizen Sea application and the ODP is to contribute to an increased open sharing of ocean data, which in turn can foster innovative uses and analyses of such data and data-driven tools for a healthy and productive ocean. This summary is not a substitute for the full terms and conditions, which follow below.
By creating an account on the Citizen Sea application and use the Citizen Sea application, you agree to the terms and conditions included below. HUB Ocean agrees to provide you with the Citizen Sea application.
By use of the Citizen Sea application, you agree to grant HUB Ocean an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free license to exploit any data shared via the application. You also agree that you will not use the Citizen Sea application in any way that violates the below terms and conditions, which for instance precludes any illegal use.
You agree to the sharing and disclosure of the date, time and location related to the picture uploaded on the Citizen Sea application.
You also acknowledge and certify that if you are using the Citizen Sea application in a professional setting, that you are entitled to do so and that you accept these terms and conditions on behalf of your employer (if any). In any case you acknowledge and certify that you are 18 years or older and that you will not share your password or otherwise provide access to your version of the application to someone else without HUB Ocean’s permission.
Use of the Citizen Sea App
You are free to access and use the Citizen Sea application to:
Take a picture of ocean observations and upload the picture on the application;
Upload a picture from your camera roll on the application, provided you are the rightful owner of the picture.
Please note that if your role of employment involves a legal obligation to report observations of certain activities to a regulatory body, use of the Citizen Sea application does not fulfil your legal reporting obligations. HUB Ocean take no responsibility for any reporting on your behalf through use of the Citizen Sea application.
You are not permitted to access and use the Citizen Sea application:
To upload an image that contains classified or proprietary information, for example, of military assets and installations.
For any illegal use or upload and/or store any illegal imagery.
To upload and store any imagery with intimidating or misleading content.
To impersonate another person.
HUB Ocean do not give you any warranties regarding the Citizen Sea application or any data provided. Your use of the Citizen Sea application is on your own risk.
Publication on the Ocean Data Platform via the Citizen Sea application
If the possibility of uploading data on the ODP via the Citizen Sea application is made available to you, and you so choose to use this feature, you agree to make data available on the Ocean Data Platform via the Citizen Sea application for non-commercial use. If you so choose, you can also agree to commercial use on a case-by-case basis.
Upon publication on the ODP, you warrant that you have the right to make the picture and related data available on the ODP and for further use pursuant to these terms and conditions, that the data are, to the best of your knowledge, true and accurate and that you do not have positive knowledge of defects, errors or omissions, at the time of uploading. Other than this, the picture and related data is provided “as is” and you do not make any warranties regarding the use or content of the data, including its quality, and you do not accept any liability for the use of the data.
For any publication on the ODP via the Citizen Sea application, you agree that the terms and conditions of the ODP shall apply in addition to these terms and conditions for the Citizen Sea application. Terms of use for the ODP can be found here: Ocean Data Platform Terms — HUB Ocean | Dedicated to Unlocking Ocean Data.
The following shall not be made available on the ODP via the Citizen Sea application:
Malware, viruses or similar;
Data that cannot by law be made publicly available, for instance information that is classified pursuant to laws or regulations provided by nation states or international organisations; or
Data which you do not wish to make openly available, for instance because the data should remain confidential.
Full terms and conditions of the Citizen Sea application
These Terms and Conditions are provided by HUB Ocean (the “Infrastructure Provider”) for regulation of Data published on Citizen Sea application (the “Citizen Sea App”), and for use of the Citizen Sea App, for the purpose of contributing to increased open sharing of ocean data which in turn can foster innovative uses and analyses of such data and data-driven tools for a healthy and productive ocean.
By accessing the Citizen Sea App and/or accessing or using the Licensed Data, the Data Provider and User, as the case may be, agree to these Terms and Conditions as of that same time.
The Data Provider and User further acknowledge and agree that they have certain rights and obligations towards other Users and other Data Providers, to the extent such rights and obligations are intended to be established by these Terms and Conditions.
If you are a Data Provider or User on behalf of someone else, for instance your employer, you certify that you are entitled to provide the License, User License and/or use the Citizen Sea App, as applicable, on behalf of that person or entity, and accept these Terms and Conditions on behalf of that person or entity. In any case you acknowledge and certify that you are 18 years or older and that you will not share your password or otherwise provide access to your user account to someone else without our permission.
To the extent these Terms and Conditions constitute a contract, the User and Infrastructure Provider are granted the License in consideration of their acceptance of these Terms and Conditions, and the Data Provider grants them such rights in consideration for benefits the Data Provider receives from making the Licensed Data available under these Terms and Conditions. The same applies for any User License, which the User grants to the Infrastructure Provider and/or other Users in consideration for benefits the User receives from making any User Content available under these Terms and Conditions, and which the Infrastructure Provider and/or User are granted in consideration of their acceptance of these Terms and Conditions.
1. Definitions
1.1 Adapted Data means data that is derived from or based upon the Licensed Data in such a manner that the Licensed Data is still contained therein.
1.2 Commercial Purposes means any purpose where there is a commercial activity that includes the Licensed Data.
1.3 Data means any quantitative or qualitative data, in any form or format, including but not limited to pictures and the date, time and location related to picture and any other data.
1.4 Data Provider means any person who makes Data available on the Citizen Sea App, or have consented to the making available of Data on the Citizen Sea App. If Data is made available by Data Provider on behalf of someone else, that person or entity is also a Data Provider.
1.5 Infrastructure Provider or HUB Ocean means Stiftelsen HUB Ocean (reg. no. 925 365 297), its successors or assignees.
1.6 Licensed Data means the Data that the Data Provider makes available, or consents to the making available of, on the Citizen Sea App.
1.7 Non-Commercial Purposes means purposes that are not Commercial Purposes.
1.10 Citizen Sea App means the Citizen Sea application.
1.11 Permitted Purpose means Non-Commercial Purposes or Commercial Purposes, or other purposes that the Data Provider has specified, depending on which purpose(s) the Data Provider has made the relevant Licensed Data available for.
1.12 Personal Data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.13 Terms and Conditions means the terms and conditions set out in this document, as they may be updated from time to time.
1.14 User means any person or entity who uses the Citizen Sea App, accesses Licensed Data on the Citizen Sea App, or who directly or indirectly gains access to the Licensed Data from someone else who has gained access to it from the Citizen Sea App, and who thereby accepts these Terms and Conditions.
1.15 User Content means any information, images, blog posts, source code, or other content that a User submits, makes available, posts or displays on the Citizen Sea App or on ODP via the Citizen Sea App, including any related intellectual property rights.
2. License
2.1 Not used
2.2 User Content: To the extent the User provides User Content on the Citizen Sea App, the User grants to the Infrastructure Provider a worldwide, royalty-free, non-sublicensable, non-exclusive license to access, copy and use the User Content for the purpose of operating, displaying and providing the Citizen Sea App (the “User License”). The Infrastructure Provider will not be entitled to share the User Content or to use it for any other purposes unless the User so agrees. The User further grants the User License to any other Users to the extent necessary in order for other Users to access and use the User Content the Citizen Sea App, if made available by the User who provided the User Content.
2.3 Exclusion of certain types of data. The following shall not be made available on the Citizen Sea App or on ODP via the Citizen Sea App:
1(a) Malware, viruses or similar;
1(b) Data that cannot by law be made publicly available, for instance information that is classified pursuant to laws or regulations provided by nation states or international organisations; or
1(c) Data which the Data Provider does not wish to make openly available, for instance because the data should remain confidential.
3. No endorsement
Nothing in these Terms and Conditions constitutes or shall be interpreted as Infrastructure Provider or the Data Provider endorsing, being connected with or sponsoring the User or the User’s activity. Likewise, Infrastructure Provider is not endorsing, connected with or sponsoring any Data Provider or Data Provider’s activities.
4. Warranties, liabilities and use
4.1 Limited warranties for the Data Provider: Any Data Provider that makes Data available on the Citizen Sea App warrants that it has the right to make the Licensed Data available on the Citizen Sea App and on ODP via the Citizen Sea App.
4.2 Not used
4.3 Consideration: The User accepts the waiver of liabilities and warranties in Section 4.2 as consideration for the License granted.
4.4 Damages: The Data Provider and Infrastructure Provider are not liable for the User’s damages, whether direct, indirect or consequential, resulting from the User’s use of the Licensed Data, under any legal theory, and the User agrees and accepts that the Data Provider and Infrastructure Provider are excused from responsibilities as described in this Section 4.4.
4.5 Indemnification: The User’s use of the License is at the User’s own risk, and the User shall indemnify the Data Provider and/or Infrastructure Provider for any and all liability for losses and claims by third parties that arise as a consequence of the User’s use of the License, provided that such losses and claims are not a result of gross negligence or willful misconduct on the part of the Data Provider or Infrastructure Provider.
5. Personal data
To the extent Infrastructure Provider process personal data, such processing is performed in accordance with Infrastructure Providers Privacy Policy, published on the ODP web pages - Ocean Data Platform Terms — HUB Ocean | Dedicated to Unlocking Ocean Data.
6. Term and termination
6.1 Term and termination: The License applies until further notice. If a User fails to comply with these Terms and Conditions, the License terminates automatically. The License may be reinstated if the User cures the breach within 30 days of the breach, or upon express reinstatement by the Data Provider. The Infrastructure Provider may, additionally and at its discretion, terminate any License(s) provided by the Data Provider or in use by the User.
6.2 Changes to these Terms and Conditions: The Infrastructure Provider may at any point in time update or make changes to these Terms and Conditions, and any Data Provider and User agree to be bound by the most recently updated version at any given point in time, unless the update or change is substantial, in which case the Infrastructure Provider will publish an updated version on its website with a 30-days’ notice. Should a User or Data Provider continue using the Citizen Sea App beyond the 30-days’ notice, the updated version of the Terms and Conditions will be deemed accepted. The current version of these Terms and Conditions is available on www.oceandata.earth.
6.3 The Data Provider’s right to make changes: The Data Provider is free to stop licensing its Licensed Data under these Terms and Conditions at any point in time. Upon receiving written notice, the Infrastructure Provider will terminate Users’ access to the Data in question accordingly. Such an action will, however, only be effective going forward and does not affect use of the License that has already happened. For the avoidance of doubt, the Data Provider is also free to offer the same Data under other terms and conditions, elsewhere than on the Citizen Sea App.
7. Governing law and dispute resolution
These Terms and Conditions and any disputes and claims arising out of, in connection with or relating to this license, shall be governed by Norwegian law, without regard to its choice of law principles, unless a dispute or claim is brought by a User against a Data Provider, in which case it shall be governed by the law of the Data Provider’s main domicile. The legal venue shall be the Data Provider’s ordinary legal venue, or for claims where a Data Provider is not involved, the Infrastructure Provider’s ordinary legal venue. The Data Provider may choose to pursue a claim against a User at other competent legal venues, where applicable.