Terms & Conditions
By using or downloading any materials from OCEANOISE Web sites, you agree to these Terms and Conditions. In addition, you agree to the applicable Supplemental Terms by using or downloading materials from that Additional Service.
1. Copyrighted Information and Copyright Agent. Please note that the pages on these sites may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Unless otherwise noted, all information, text, articles, data, images, Documents (as defined below), software, or other materials (collectively hereinafter referred to as the “Materials”) contained on any page within these sites are copyrighted by the Laboratory of Applied Bioacoustics or a third party (hereinafter collectively referred to as the “Copyright Holder”). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download, or copy the Materials contained in these sites in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify, or make use of the Materials without the express, prior written consent of OCEANOISE. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to OCEANOISE, the Copyright Holder, or any third party referenced in the Materials. Nothing on these sites shall be construed as conferring any license under any Copyright Holder’s intellectual property rights, whether by estoppel, implication or otherwise. You agree to use these sites and the Materials, services, and products on these sites or those accessible via these sites only for lawful purposes. OCEANOISE MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THESE SITES AT ANY TIME.
Except as specifically provided in these Terms and Conditions (including any applicable Supplemental Terms), any reproduction, distribution, replication, or retransmission of any information contained on these sites without the prior written consent of OCEANOISE is strictly prohibited.
OCEANOISE respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide OCEANOISE’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party;
e. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For notice of claims of copyright infringement on or regarding these sites, OCEANOISE’s Copyright Agent can be reached as follows:
Attn: Antonio-Miguel Sánchez Marrero
Passeig Pi Forcat, 3
Barcelona, 08017, Barcelona
Phone: +34 620 94 77 87
2. Notice with Regard to Documents on these Sites. Permission to display, copy and/or download any papers, articles or other works of authorship on these sites (the “Documents”) is hereby granted, provided that (a) the copyright notice set forth on the Document and a statement that the Document is being reproduced under permission of the Copyright Holder both appear on such displayed, copied or downloaded Document, (b) use or reproduction of such Documents from these sites is for informational or personal use only, and (c) no modifications of any Documents are made. Any other use of the Documents is expressly prohibited.
4. Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THESE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED “AS IS,” AND OCEANOISE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THESE SITES OR ITS CONTENTS. OCEANOISE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS, AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. OCEANOISE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THESE SITES IS ACCURATE, COMPLETE OR CURRENT. THESE SITES COULD CONTAIN TYPOGRAPHICAL ERRORS, MISCATALOGUED INFORMATION, OR TECHNICAL INACCURACIES. OCEANOISE RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. BY YOUR USE OF THESE SITES, YOU AGREE THAT YOU DO NOT AND WILL NOT RELY ON IT BEING APPROPRIATELY CATALOGUED OR COMPLETE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO PATENTABILITY OF ANY INVENTION, INVALIDITY OF ANY CLAIM OF ANY PATENT OR APPLICATION, OR AUTHORSHIP AND INVENTORSHIP OF ANY ARTICLE, PATENT OR APPLICATION. YOU FURTHER AGREE THAT YOU OR YOUR AGENTS WILL NOT TAKE ANY ACTION AGAINST OCEANOISE DUE TO SUCH RELIANCE ON ANY INFORMATION WHICH YOU BELIEVE TO BE NON CURRENT, INACCURATE OR INCOMPLETE. ADDITIONALLY, THESE SITES MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. OCEANOISE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. OCEANOISE IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY. NEITHER OCEANOISE NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THESE SITES OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THESE SITES AND WILL NOT MAKE ANY CLAIM AGAINST OCEANOISE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
5. Links to Third Party Sites. Any other Web sites that are accessible via any link on these sites are not under the control of OCEANOISE. OCEANOISE is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. OCEANOISE provides the linked sites to you only as a convenience and the inclusions of any such link on these sites does not imply OCEANOISE’s endorsement of these sites, the organization operating such sites, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
6. References to Products or Services. Information published by OCEANOISE on these sites may contain references or cross references to OCEANOISE services that are not announced or available in your country. Such references do not imply that OCEANOISE intends to announce such services in your country. Please contact OCEANOISE Member Services for information regarding the services that may be available to you.
7. User Input. Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on these sites transmitted by a user of these sites via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on these sites, such information shall be deemed to be non-confidential and OCEANOISE shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.
8. Governing Law; Venue for any Proceedings. Any action, proceeding, dispute, claim or controversy arising out of or relating to these sites or these Terms and Conditions, or any OCEANOISE services offered on or accessed via these sites, shall (i) be governed by Spanish State law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of Barcelona located in Spain Country, and you hereby submit to the jurisdiction of said courts.
9. Complete Agreement; Changes to the Terms and Conditions. These Terms and Conditions represent the entire understanding relating to the use of these sites and prevail over any prior or contemporaneous, conflicting or additional, communications. OCEANOISE shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on these sites. Any use of these sites after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
10. Trademarks. “OCEANOISE”, the OCEANOISE logo, and other OCEANOISE logos and titles are registered trademarks or service marks of The Laboratory of Applied Bioacoustics, BarcelonaTech, UPC. All other products, company names or other marks appearing on these sites are the trademarks of their respective owners. Nothing contained in these sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on these sites without prior written permission of OCEANOISE or other trademark owners.
11. Indemnification. You agree to defend, indemnify, and hold harmless OCEANOISE, its officers, directors, employees, members, agents, and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions. OCEANOISE shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
12. Termination. OCEANOISE may terminate this agreement at any time. Upon termination, you agree to cease all use of these sites. Without limiting the foregoing, OCEANOISE shall have the right to immediately terminate your access and use of these sites, or any portion of these sites, in the event of any conduct by you or through your account which OCEANOISE, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions. The provisions of Sections 4, 8, 11, and this Section 12 shall survive any termination of this agreement.
15. Questions. Use the following contact information:
- For questions about this page: e-mail the OCEANOISE IPR Office