(a) "OceanLaw" means the company described and defined in section (2) below.

(b) (i) "Internet Guide to International Fisheries Law" is a publication produced by OceanLaw under the same title and accessible at http://www.intfish.net/ and/or any other location on a website owned and operated by OceanLaw.
    (ii) "International Fisheries Law and Policy Review" is a publication produced by OceanLaw under the same title and accessible either in print or at http://www.intfish.net/ and/or any other location on a website owned and operated by OceanLaw.

(c) "Publication" means any publication produced by or published by OceanLaw, and includes - but is not necessarily limited to - the publications known as the "Internet Guide to International Fisheries Law", "International Fisheries Law and Policy Review" and "OceanLaw Legal Studies".

(d) "Service" means any information service which is: (i) associated with any OceanLaw publication, (ii) provided on a regular basis and (iii) requires the payment of a subscription fee. It does not include consultancy services.

(e) "Customer" means any person, company, organization, institution or other entity who places an order for any OceanLaw publication or service and who, upon acceptance of any such order by OceanLaw, contracts with OceanLaw for the provision of an OceanLaw publication or service.

(f)  "Members Area" is that part of any website operated by OceanLaw to which access is restricted to members of the public but is available to customers upon payment of an appropriate subscription fee.

(g) "Subscription Period" means the period defined in paragraph 4.5. 

(h) "Order Form" means any form published by OceanLaw for the placing of orders for any service or publication published by OceanLaw.

(i) The "Standard Terms and Conditions" means the Terms and Conditions set forth herein.

(j) In these Terms and Conditions, the singular includes the plural and the plural includes the singular.

         
2.1  "OceanLaw" means "OceanLaw Information and Consultancy Services" and is the company which owns, produces and publishes the websites known as "OceanLaw", the "Internet Guide to International Fisheries Law" and the journal known as "International Fisheries Law and Policy Review" and is situated at the address provided in paragraph 2.2. 

2.2  The company address is 40 Stationers Place, Apsley, Hemel Hempstead, Hertfordshire HP3 9RS, United Kingdom. 

         
3.1  These Terms and Conditions shall apply to all subscription orders submitted to OceanLaw and to any use of any service or publication. The completion and signing of an Order Form, the payment of the subscription fee and/or use of the Members Area and/or collection of delivery of an order and/or the accessing of any website page shall constitute acceptance of these Terms and Conditions.

3.2  No Terms and Conditions other than those set forth herein shall apply or be binding on OceanLaw unless specifically agreed to in writing by OceanLaw.

3.3  The Terms and Conditions set forth herein apply to all subscriptions taken after 1st June 2004 and replace any previous Terms and Conditions.

      
4.1  All orders for any OceanLaw publication service are subject to these Terms and Conditions and, in particular, to this section and sections 5 and 6.

4.2  OceanLaw undertakes to use all reasonable efforts but does not warrant to process orders in a timely manner and it reserves the right, in its absolute discretion, to refuse any order.

4.3  OceanLaw reserves the right to change prices for any of its publications or services without notice and with immediate effect. OceanLaw shall not be limited or bound by any previously advertised prices and the price for any publication or service can only be confirmed at the time of the order.

4.4 For subscription publications or services, annual subscriptions including those for on-line publications and services are accepted and entered on a complete volume basis only. All subscriptions are valid only for the "Subscription Period" as defined in paragraph 4.5.

4.5  Unless agreed otherwise in writing, "subscription period" means the period defined in the following sub-paragraphs

a. Annual subscriptions:

i. Print subscriptions commence with the first issue of the current publication year and expire upon delivery of the final issue of the current publication year. Where a subscription is ordered after the publication of the first issue, all issues already published will be sent on receipt of payment.

ii. On-line subscriptions shall commence on the first day of the subscription year or on the date on which a subscription is activated by OceanLaw following the acceptance of a customer order. All subscriptions, including those which commenced after the commencement of the subscription year, shall expire on the last day of the subscription year.

iii. For the purposes of this paragraph, the subscription year commences on 1st March and expires on 28th (or, in a leap year, 29th) February in the following calendar year.

b. Monthly subscriptions

Monthly subscriptions apply for a period of one calendar month from the date on which the subscription is activated by OceanLaw. Monthly subscriptions may be renewed automatically by OceanLaw unless the customer cancels the subscription.

4.5  Refunds for any publication or service may be made by OceanLaw in its absolute discretion, subject to any and all applicable statutory rights to a refund.

4.6 No OceanLaw publication or service may be utilized for any commercial or non-commercial fee for service use or sale.

4.7  No person may, without the written authority of OceanLaw, modify, adapt, transform, translate or create derivative works based on any material included in any OceanLaw publication or service, or copy any such materials except as stated in these Terms and Conditions, or otherwise use any such materials in any format or medium in a manner that would infringe the copyright therein.

      
[I] General and common conditions

5.1 Access to OceanLaw on-line publications and services are subject to the terms set out in this section and any other applicable terms contained in these Terms and Conditions.

5.2  In the event of abuse or suspected abuse of these or any other conditions, OceanLaw reserves the right, in addition to any other remedies OceanLaw may have, to suspend access to any and all OceanLaw publications and subscription services enjoyed by the customer, whether or not the service is the service to which the abuse or suspected abuse relates, and/or to withhold delivery of any other publications ordered by the customer, whether or not payment has been received for those publications. In such circumstances, OceanLaw will not be liable to pay any refunds or other compensation.

[II] Individual-user licences

5.3  An Individual-user Licence entitles a single user to access the pages of any on-line subscription publication or service and to download or print text for personal use for the duration of the subscription period.

5.4  An Individual-user Licence subscription is for the personal use of the subscriber only and the Licence may not be transferred or extended to others. The subscriber acknowledges that his User ID and Password are confidential and must not be shared with others. Sharing of a User ID and Password or otherwise making a paid electronic subscription under an Individual-user Licence available to third parties is a violation of these terms and conditions. OceanLaw reserves the right to cancel the subscription without refund in the event of abuse.

[III] Multi-user licence

5.5  A Multi-user Licence entitles the customer to access the pages of any on-line subscription publication or service in accordance with the following terms and conditions for the duration of the subscription period.

5.6  Access to the subscription publication or service may be defined either by a User ID and Password or by Internet Protocol (IP) addresses or domain name addresses registered with OceanLaw. In the case of access by IP address or domain name, access may be granted from workstations anywhere on the customer's premises falling under the domain name addresses or IP numbers specified. OceanLaw reserves the right to determine for any particular publication or service which methods of access will be permitted.

5.7  Access may be granted to employees or members of staff of the customer (including in the case of academic institutions, affiliated faculty and students).

5.8  Public access may be provided from workstations on library premises for scholarly research, educational and personal use. Remote access by members of the public is not permitted.

5.9  Permitted access by authorized users, as defined in paragraphs 5.5, 5.7 and 5.8 above, includes the retrieving, displaying, searching, downloading, printing and storing of individual articles for scholarly research, educational and personal use. Copying and storing is limited to single copies of a reasonable number of individual articles.

5.10  The customer shall take all reasonable steps to prevent unauthorized use, including making reasonable efforts to inform authorized users of these Terms and Conditions. The customer shall not be liable to OceanLaw for breach of these Terms and Conditions by any authorized user provided that the customer did not assist in or encourage such breach, nor permit such breach to continue after having actual notice thereof. In the event of continued abuse and/or infringement, OceanLaw reserves the right to withhold access to any or all subscription publications and services from the customer, in addition to any other remedies OceanLaw may have. In such circumstances, OceanLaw will not be liable to pay any refunds or other compensation.

   
6.1  Only those methods of payment specified by OceanLaw may be accepted. These may be subject to immediate change, without notice, at OceanLaw's sole discretion. Although certain methods of payment may be advertised, OceanLaw may, in its absolute discretion, specify a particular method of payment.

6.2  Unless agreed otherwise in writing, a subscription will only be activated or a publication despatched after payment has been received.

6.3  Notwithstanding paragraph 6.2 above, OceanLaw may, in its absolute discretion, activate a subscription or despatch a publication by certain customers in advance of the receipt of payment. In such cases, the following procedure shall apply, unless agreed otherwise in writing. The customer will be invoiced no later than the first day when the subscription is activated or the publication despatched. The customer must ensure that payment in accordance with any other applicable terms is made to OceanLaw within twenty-eight (28) days after the date of the invoice ("the Due Date"). If payment is not made by the Due Date, notification of default will be sent to the customer and a further period, as determined by OceanLaw in its sole discretion, will be offered for payment. If payment is not received within this additional period, OceanLaw reserves the right, as appropriate and in its absolute discretion: (1) to suspend access to any and all OceanLaw subscription services enjoyed by the customer, whether or not the service is the service for which payment has been made, and/or to withhold delivery of any other publications ordered by the customer, whether or not payment has been received for those publications; and (2) to make an administration charge of UK £25.00 (twenty-five pounds sterling) in the first instance and to make further administration charges, not exceeding UK £10.00 (ten pounds sterling) for each further reminder for payment sent up to a maximum value of UK £50.00 (fifty pounds sterling). All administration charges will be notified at least 48 (forty-eight) hours in advance to the customer before being applied. All amounts paid by the customer after the Due Date will bear interest at the rate of two percent (2%) per month (or the highest rate permitted by law, if less) above the base lending rate of OceanLaw's bank, from time to time, from the Due Date until the date payment is received, whether before or after judgment. In the event of any failure by the customer to make payment, the customer will be responsible for all expenses (including legal fees) incurred by OceanLaw in collecting the amounts due. The customer warrants that it contracts with OceanLaw as principal notwithstanding that the customer may be acting in some representative capacity.

6.4  In the event that access is suspended pursuant to paragraph 6.3 or for any other reason the Subscription Period shall not be extended beyond the original period agreed. Payment shall remain due for the entire Subscription Period including the period during which access was suspended.

  
7.1  Unless otherwise specified, OceanLaw holds all rights, including copyright, in each and all of its publications and services and retains these rights under all circumstances, unless agreed otherwise in writing.

7.2  Notwithstanding paragraph 7.1, the author of any material published in any OceanLaw publication retains rights to quote from, reprint, translate, reproduce or adapt the article in any book, article or other publication he may later write. In addition, the author shall have the right to photocopy and print the article for his own use.

7.3  To the best of OceanLaw's knowledge, there is nothing contained in any of its publications which is the copyright material of another person or organization. Where it is known to OceanLaw that material is based on a copyrighted source, the source is always acknowledged and, if appropriate, the necessary permissions will be obtained. However, the acknowledgement of a source does not imply that the source in question was the only source used for developing material in the publication and does not indicate a direct copy of that source in the publication.

7.4  Paragraph 7.3 notwithstanding, in the case where material has been published which is considered by the copyright holder to infringe copyright rules and where this has been brought to the attention of OceanLaw, OceanLaw, without indicating any liability on its part or on the part of any other individual, will remove any offending material, in its absolute discretion.

   
8.1  Neither OceanLaw nor any of its directors or employees nor any other individual, including members of any editorial or advisory panels associated with any publication or service or any author or other person making any contribution to any publication or service, accept any responsibility or liability whatsoever with regard to the material contained in any OceanLaw publication or service. By accessing the information presented in any OceanLaw publication or service, each and every user waives and releases OceanLaw and any other individual to the full extent permitted by law from any and all claims relating to the usage of material or information contained in such publications or service. In no event shall the author be liable for any incidental or consequential damages resulting from use of the material.

8.2  To the best of OceanLaw's knowledge, all of the information in OceanLaw publications and services is accurate at the time it is published. However, neither OceanLaw nor any other person guarantees or verifies the accuracy or the currency of the information in such publications or services.

8.3  Neither OceanLaw nor any other individual guarantees the accuracy or reliability of information contained on external websites or publications. It is the responsibility of readers to make their own decisions about the accuracy, currency and reliability of information on these sites.

     
9.1  OceanLaw undertakes to use all reasonable efforts but does not warrant to publish or update any of its services or publications, or individual sections or parts thereof, in a timely manner. In particular, advertised publication and updating dates are intended as a guide only and under no circumstances constitute a guarantee of the date of publication or updating.

9.2  Subject to the other paragraphs in this section, if OceanLaw fails to publish and/or to deliver any publication or service at all or in the event of any other failure, technical or otherwise, to publish or update individual issues of or updates to any publication or service in a timely manner, OceanLaw's liability will be limited (a) providing a full refund for any monies paid; or (b) providing a partial refund for any monies paid; or (c) providing compensation in the form of an additional period of subscription.

9.3 All decisions relating to the provision of any refund or compensation, including whether or not to provide any refund or compensation in any individual case, the type, the form or manner of any such refund or compensation and the value or quantity of any such refund or compensation, shall be made entirely at the election of OceanLaw and in its absolute discretion.

9.4  In no event will OceanLaw be responsible for any indirect, consequential, special or economic loss of any kind including without limitation loss of profits, business, contracts, revenues, goodwill, production and anticipated savings arising from any failure to publish in a timely manner or at all any publication or service.

9.5  Without limiting the foregoing, OceanLaw will have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown, equipment or software loss or failure, computer viruses or any other condition beyond the control of OceanLaw, including technical difficulties of any Internet Service Provider, website host, printer or publisher used by OceanLaw, affecting publication in any manner.

9.6. OceanLaw does not limit or exclude liability for death or personal injury caused by its negligence.