ID Terms of Use
FATHOMVERSE ID
TERMS OF USE
Last Updated: 2025-10-09
PLEASE READ THESE TERMS OF USE (THE “AGREEMENT”) CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE LOCATED AT FATHOMVERSE.GAME AND ITS SUB-DOMAINS (THE “WEBSITE”) OR THE FATHOMVERSE ID MOBILE APPLICATION MADE AVAILABLE AS A DOWNLOAD TO YOUR DEVICE (THE “APP”, AND TOGETHER WITH THE WEBSITE AND ANY RELATED SOCIAL MEDIA PAGES ASSOCIATED WITH FATHOMVERSE ID, ARE COLLECTIVELY REFERRED TO HEREIN AS “FATHOMVERSE ID”).
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN A USER OF FATHOMVERSE ID (“YOU” OR “YOUR ”), AND THE OPERATOR OF FATHOMVERSE ID, MONTEREY BAY AQUARIUM RESEARCH INSTITUTE (“MBARI,” “WE,” “US,” OR “OUR”). THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF FATHOMVERSE ID.
BY ACCESSING, USING AND/OR DOWNLOADING FATHOMVERSE ID, YOU (AND YOUR PARENT OR GUARDIAN, IF NEEDED): (1) REPRESENT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND OUR PRIVACY POLICY www.fathomverse.game/privacy, AND (2) ACCEPT AND AGREE TO THIS AGREEMENT AND OUR PRIVACY POLICY. PLEASE DO NOT USE FATHOMVERSE ID IF YOU DO NOT AGREE TO THIS AGREEMENT OR THE PRIVACY POLICY.
Changes to Agreement
We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and such Updates will be effective immediately. We will make reasonable efforts to provide advance notice about material changes to this Agreement, although you understand that we may make Updates without prior notice. If we make Updates to this Agreement, we will change the "Last Updated" date above. Your continued use of FathomVerse ID will confirm your acceptance of the updated Agreement. We encourage you to frequently review the Agreement to ensure you understand the latest terms and conditions associated with use of FathomVerse ID. If you do not agree to the updated Agreement, you must discontinue using FathomVerse ID.
Privacy Policy
Please refer to our Privacy Policy (the “Privacy Policy") www.fathomverse.game/privacy for information regarding how we collect, use and disclose information about you in connection with your use of FathomVerse ID. The terms and conditions of our Privacy Policy are incorporated into this Agreement.
Eligibility
FathomVerse ID is available only for individuals aged 13 years or older.
Children. If you are age 13 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review this Agreement with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement. You agree to have your parent or guardian review and accept this Agreement on your behalf. If you are a parent or guardian agreeing to this Agreement for the benefit of a child, then you agree to and accept full responsibility for that child’s use of FathomVerse ID.
Companies, Organizations & Other Legal Entities. If you are entering into this Agreement on behalf of a company, organization or other legal entity, you represent that you have the authority to bind such an entity and its affiliates, in which case the terms “you” or “your” shall also refer to such entity and its affiliates. You further agree that you assume all responsibility and liability in connection with your use of FathomVerse ID on behalf of such company, organization or other legal entity.
We may, in our sole discretion, refuse to offer FathomVerse ID to any person or entity and change the eligibility criteria for using FathomVerse ID at any time.
MBARI Content
Except for Third Party Content (as defined below), all information and materials contained on or within FathomVerse ID, including, but not limited to, text, graphics, HTML, look and feel, images, illustrations, designs, photographs, audio, video, white papers, press releases, names, product names or descriptions, icons, typefaces, software (both source and object code), format, queries, algorithms and written and other materials and information (collectively, "MBARI Content"), as well as their selection and arrangement, and all intellectual property and other rights relating to MBARI Content, as between you and MBARI, are solely and exclusively owned by MBARI. You will not delete or alter any copyright, trademark or other proprietary rights notices from MBARI Content.
Third Party Content
FathomVerse ID may contain other proprietary information and materials licensed or provided to MBARI by third parties in connection with MBARI’s provision of FathomVerse ID, including but not limited to Visual Content and Annotation Data (defined below) contributed to FathomNet e, for use in FathomNet and its applications (e.g., FathomVerse, FathomVerse ID), or directly to FathomVerse ID(collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right, title, and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto.
Terms of Access and Use
Subject to your compliance with this Agreement and all applicable laws, MBARI grants you a limited, nonexclusive, non-transferable and revocable right to access and use FathomVerse ID and its Website, App, social media pages, together with any related services, APIs and applications, for permitted purposes in accordance with the terms and conditions of this Agreement.
The image and video assets (“Visual Content”) and associated annotation data for such Visual Content (the “Annotation Data”) in FathomVerse ID originate from data contributors of FathomNet (e.g., FathomVerse ID, FathomVerse, the FathomNet Portal, and FathomNet Database) operated by MBARI, and are made available to you in FathomVerse ID subject at all times to the rights of licensors and contributors of such Visual Content and Annotation Data, who expressly retain all right, title, and interest in and to their Visual Content and Annotation Data.
Your Responsibilities
Users are expected to act as responsible and respectful participants of the FathomVerse ID community and to comply with all MBARI policies and all applicable laws when using FathomVerse ID. You will ensure that your use of FathomVerse ID does not violate any applicable law. You are solely responsible for taking appropriate action to secure, protect, and back up your devices in a manner that will provide appropriate security and protection.
Modification to FathomVerse ID
MBARI may, at any time and for any reason, change, update or discontinue FathomVerse ID, or any part thereof, with or without notice. MBARI will not be liable to you or to any third party for any modification, suspension, or discontinuance of FathomVerse ID. We will give you reasonable advance notice about any major changes, although you understand that we may stop or suspend FathomVerse ID at any time without prior notice. You may cease using FathomVerse ID at any time.
Technology Guidelines
The rights granted to you under this Agreement are subject to the following guidelines concerning FathomVerse ID:
● You will not copy, reproduce, distribute, transmit, republish, post, publicly perform or publicly display FathomVerse ID, or any information or content made available on or through the Website, App, or MBARI’s social media pages, without MBARI’s prior written consent;
● You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, frame, reverse compile or reverse engineer any part of the Website or App;
● You will not modify, translate, adapt, merge, and make derivative works of MBARI Content and Third Party Content that are available in the App;
● You will not access or use the Website or App to build a similar or competitive service or application;
● You will not remove or destroy any copyright notices or other proprietary markings contained on or in any portion of the Website or App, including on any downloadable or sharable content permitted by the App;
● You will not use any scraping, data mining, robots or similar data gathering or extraction methods on the Website or App, and you will not collect or harvest any personally identifiable information;
● You will not create or compile, directly or indirectly, any collection, compilation, database, or directory from the Website or App;
● You will not disrupt the operation of the Website or App in any manner or impose an unreasonable or disproportionately large load on our infrastructure, for example by using methods such as denial of service attacks, flooding, and spamming;
● You will not transmit any "junk mail", "chain letter" or "spam" or any other similar solicitation;
● You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website or App;
● You will not probe, scan or test the vulnerability of our system or network or attempt to breach security or authentication measures;
● You will not upload invalid data, viruses, worms, keyloggers, spyware, Trojan horses, time bombs, malicious or harmful code, or other software agents through the Website or App;
● You will not use the Website or App other than for their intended purposes; and
● You will not access or use the Website or App in an unlawful way or for an unlawful or illegitimate purpose.
You are solely responsible for complying with all laws, rules and regulations applicable to you when you use FathomVerse ID and its Website, App, social media pages, APIs and other applications. You agree to comply with the above conduct and usage requirements (“Technology Guidelines”) and agree not to assist or permit any person to engage in any conduct that does not comply with the Technology Guidelines. Any use of FathomVerse ID in violation of these Technology Guidelines is prohibited and may result in our suspension or termination of your right to use FathomVerse ID, and may possibly expose you to legal action and damages.
Visual Data
Any Visual Data shared by you while using FathomVerse ID (i) will be transmitted to, and incorporated into, FathomNet and its various applications (e.g, FathomVerse, FathomNet Database), (ii) is contributed by you subject to the terms and conditions of the FathomNet Data Use Policy www.fathomnet.org/datause using the CC-BY Creative Commons license, and (iii) will be made available to other users of FathomNet and its applications in accordance with the FathomNet Terms of Use www.fathomnet.org/terms and terms applicable to Visual Data thereunder. For clarity, all Visual Data contributed by FathomVerse ID users shall be deemed Third Party Content.
Social Media
When we make available certain social media features through Tiktok, Instagram, Discord, YouTube, or other social media sites, you may take such actions as are enabled by those features. Please be aware that activities on our social media sites, or facilitated by or through our social media sites, are subject to the terms and conditions of the applicable social media site(s). Any information or content provided to social media sites may be processed and used by the applicable social media sites in accordance with their policies and any agreements with MBARI.
Links to Other Sites
FathomVerse ID may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies and terms of use for the other websites you visit.
Ownership
MBARI and/or its licensors own all right, title and interest, including all related intellectual property rights, in and to FathomVerse ID and MBARI Content. Third Party Content is owned by the applicable contributors or licensors, as the case may be. This Agreement is not a sale and does not convey to you any rights of ownership in or related to FathomVerse ID, MBARI Content, or Third Party Content. MBARI reserves all rights not expressly granted in this Agreement.
All trademarks, service marks, logos, slogans and taglines displayed on or through FathomVerse ID are the property of MBARI and its licensors or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through FathomVerse ID without the express written permission of MBARI, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
Your Feedback
We welcome feedback, comments and suggestions for improvements to FathomVerse ID (“Feedback”). We may ask for your Feedback in connection with your use of FathomVerse ID, and you can always submit Feedback by emailing us at fathomverse@mbari.org.
You grant us a nonexclusive, irrevocable, worldwide, royalty-free, fully paid up right and license to use any Feedback provided by you to us with respect to FathomVerse ID, and we can use, disclose, reproduce, license and otherwise distribute and exploit Feedback in any manner without obligation or restriction of any kind on account of intellectual property rights or otherwise. MBARI will treat any Feedback you provide to us as non-confidential and non-proprietary.
Consent to Electronic Notice
If you provide your email address to MBARI through FathomVerse ID, or by e-mailing MBARI directly, you agree that MBARI may communicate with you electronically regarding administrative, security, and other issues relating to your use of FathomVerse ID. You agree that any notices, agreements, disclosures, or other communications that MBARI sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.
General Disclaimers
FATHOMVERSE ID, MBARI CONTENT, AND THIRD PARTY CONTENT ARE PROVIDED “AS-IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE (I) OPERATION OF FATHOMVERSE ID, OR (II) ACCESS TO ANY PART OF FATHOMVERSE ID OR TO MBARI CONTENT OR THIRD PARTY CONTENT IN FATHOMVERSE ID. NETWORKS AND SERVERS USED TO PROVIDE ANY OF FATHOMVERSE ID OPERATED BY US OR ON OUR BEHALF MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
MBARI MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE MBARI CONTENT OR THIRD PARTY CONTENT IN FATHOMVERSE ID, NOR DOES MBARI REPRESENT, WARRANT, OR GUARANTEE THAT FATHOMVERSE ID IS FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER HARMFUL CODE, OR PROGRAMS INTENDED TO INTERCEPT OR ACQUIRE DATA.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
Limitation of Liability
IN NO EVENT SHALL MBARI OR ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR DEVICE OR OTHERWISE, OR SIMILAR DAMAGES) RESULTING FROM OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (I) YOUR USE OR INABILITY TO USE FATHOMVERSE ID, OR ERRORS, MISTAKES, OR INACCURACIES IN MBARI CONTENT OR THIRD PARTY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH FATHOMVERSE ID, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM FATHOMVERSE ID, (III) ANY INFRINGEMENT BY FATHOMVERSE ID, OR THE MBARI CONTENT OR THIRD PARTY CONTENT THEREIN, OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH FATHOMVERSE ID, OR (V) ANY SECURITY INCIDENT AFFECTING FATHOMVERSE ID, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MBARI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY USE, INABILITY TO USE, MODIFICATION, SUSPENSION, OR WITHDRAWAL OF FATHOMVERSE ID, OR ANY FEATURES, PARTS, OR CONTENT OF FATHOMVERSE ID.
General Release
You are solely responsible for all claims, injuries (including death), illnesses, damages, liabilities, and costs (“Liabilities”) suffered by you or any third party as a result of your use of FathomVerse ID. To the maximum extent permitted by applicable law, you hereby release the MBARI Parties (as defined below) from any and all responsibility and liability for the foregoing.
YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE AND HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the MBARI Parties pertaining to the subject matter of this section.
Indemnification By You
Without limiting the generality or effecting other provisions of this Agreement, as a condition of accessing or using FathomVerse ID, you agree, at your expense, to indemnify and hold harmless MBARI and its affiliates, licensors and suppliers, and our and their officers, directors, employees and agents (“MBARI Parties”), from and against any and all losses, costs, damages, liabilities and expenses (including without limitation attorneys' fees) in relation to or arising from (i) your use or inability to use FathomVerse ID, (ii) your Annotation Data, if applicable, (iii) your failure to comply with any applicable laws and regulations (including any privacy laws), (iv) your violation of any third party right, including without limitation any copyright, property or privacy right, or (v) your breach of any obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable indemnified party.
For any third-party claim covered under this indemnification provision, we will notify you upon becoming aware of the claim, and you will also defend such claim at your expense if instructed by us to do so. If we or our partners or licensors are obligated to respond to a third-party subpoena or other compulsory legal order or process, you will also reimburse us for reasonable attorneys’ fees, as well as employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at the applicable then-current hourly rates.
Term; Violations of Agreement
This Agreement will remain in full force and effect while you FathomVerse ID. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate this Agreement or otherwise create liability for us or any other person. Such actions could include suspending or terminating your right to use FathomVerse ID, with or without notice. If your rights with respect to FathomVerse ID are suspended or terminated, you agree to make no further use of FathomVerse ID as directed by MBARI for the duration of the suspension or indefinitely following termination.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, United States of America, before one arbitrator. The language to be used in the arbitral proceedings will be English. If the dispute, claim or controversy exceeds $250,000, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”), and if not, the arbitration shall be administered by JAMS pursuant to the Rules and in accordance with the Expedited Procedures or similar process set forth in the Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
YOU AND MBARI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
YOU AND MBARI EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, AND THIS WAIVER APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER THEORY.
Additional Terms for Apple Device Users
The following additional terms and conditions govern your use of the App should you choose to download it via the Apple App Store (if such downloads are available) or operate it on any device you own or control which runs any Apple mobile operating system, including, but not limited to, iPhone, iPad and iPod touch devices (each, an “Apple Device”). You hereby acknowledge that this Agreement is between you and MBARI, and not Apple, Inc. (“Apple”) and that MBARI, and not Apple, is solely responsible for the App and content thereof that you downloaded via the Apple App Store and installed on your Apple Device.
Scope of License. Without limiting the other terms and conditions of this Agreement, you may only use the App on your Apple Device as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support: MBARI is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. MBARI and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: The App is provided subject to the disclaimers and limitation of liability sections above. If any warranty is imposed by law in respect of the App and not effectively disclaimed by that section, then in the event of any failure of the App to conform to such warranty, you may notify Apple, and Apple will refund you the purchase price (if any) for the App; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to such warranty will be MBARI’s sole responsibility.
Product Claims: You acknowledge that MBARI, not Apple, is responsible for addressing any claim you or any third-party may have relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the App or your possession and/or use of the App infringes that third-party’s intellectual property rights, MBARI, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, and (iii) you will comply with all relevant U.N. and EU sanctions and embargoes.
Developer Name and Address: Any questions, comments, complaints or claims relating to the App and/or your use of the App must be directed to: MBARI, 7700 Sandholdt Road, Moss Landing, California 95039.
Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement and, upon your acceptance of the terms of this Agreement, Apple will have the right (and is deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
Force Majeure
You agree that MBARI is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics and epidemics, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Governing Law and Venue
This Agreement shall be governed by the laws of the State of California, United States of America, without regard to its rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
General Terms
This Agreement, together with the Privacy Policy, constitute the sole agreement between you and MBARI for your use and the provision of FathomVerse ID, and the subject matter hereof. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Should any provision of this Agreement be held invalid or unenforceable, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, delegated or transferred by MBARI without restriction. Any attempted assignment, subcontract, delegation or transfer by you in violation of the foregoing will be null and void. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assignees. Certain of our licensors and suppliers may be third-party beneficiaries of this Agreement and have the right to enforce this Agreement against you.
Contact Information
If you have any questions about FathomVerse ID or this Agreement, please contact us at fathomverse@mbari.org or 7700 Sandholdt Road, Moss Landing, California 95039.