Terms of Use for Seafood-Portal.com
Welcome to Seafood-Portal.com ("the Platform," "we," "us," or "our"). We provide a global digital marketplace and information hub dedicated to connecting professionals within the international seafood industry.
These Terms of Use ("Terms") constitute a legally binding agreement governing your access to and use of our website, services, applications, and content (collectively, "the Service").
By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
This agreement applies to all visitors, registered users, and others who access the Service ("Users," "you," or "your"). If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, in which case "you" and "your" will refer to that entity.
1. Description of the Service
Seafood-Portal.com is a neutral, online platform designed to facilitate connections and information exchange within the global seafood supply chain. Our Service includes, but is not limited to:
- Company & Product Listings: A comprehensive directory where suppliers, processors, exporters, importers, and distributors can create profiles and list seafood products.
- Marketplace Functionality: Tools to post buy/sell offers, connect with potential trade partners, and initiate communication for transactions.
- Market Intelligence: Access to industry news, pricing data, trend analysis, and reports relevant to the seafood sector.
- Community & Networking: Forums and messaging features to foster communication and collaboration among industry professionals.
Important Disclaimer: Seafood-Portal.com acts solely as a neutral venue and an information conduit. We are not a broker, agent, auctioneer, or seller of seafood. We are not a party to any transaction or agreement that may occur between Users. We do not handle payments, shipping, logistics, insurance, or customs clearance. We do not inspect, guarantee, or take custody of any products listed on the Platform.
All transactions are conducted entirely at the Users' own risk.
2. User Eligibility and Account Registration
To access and use certain features of the Service, you must register for an account. By registering, you represent and warrant that:
- You are at least 18 years of age and have the legal capacity to enter into a binding contract.
- You are a bona fide member of the commercial seafood industry or have a legitimate professional interest in it.
- All information you provide during registration and thereafter is accurate, current, and complete. You agree to update your information as necessary to maintain its accuracy.
- You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
- You will not create more than one personal account or create an account for anyone other than yourself or your authorized entity without permission.
We reserve the right to suspend or terminate your account, in our sole discretion, if we believe you have violated these Terms or provided false or misleading information.
3. User Conduct and Responsibilities
As a User of Seafood-Portal.com, you agree to use the Service responsibly and in a professional manner. You are solely responsible for your conduct and any data, text, information, graphics, profiles, audio, video clips, and links ("Content") that you submit, post, and display on the Platform. You agree not to:
- Post false, inaccurate, misleading, or fraudulent information. This includes, but is not limited to, misrepresenting a product's species, origin, weight, grade, processing method, or sustainability certifications (e.g., MSC, ASC, BAP).
- List or promote the sale of seafood that is sourced from Illegal, Unreported, and Unregulated (IUU) fishing activities.
- Infringe upon any third-party's copyright, patent, trademark, trade secret, or other proprietary or intellectual property rights or rights of publicity or privacy.
- Violate any applicable local, national, or international law, statute, ordinance, or regulation, including those related to food safety, import/export controls, and trade sanctions.
- Engage in any activity that is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing.
- Post or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Use the Platform for spamming, unsolicited advertising, or sending chain letters.
- Attempt to circumvent our fee structure, the billing process, or fees owed to Seafood-Portal.com (if any).
- Attempt to scrape, harvest, or otherwise collect information about other Users, including email addresses, without their explicit consent.
4. The Marketplace and Transactions
As stated, we are a neutral venue. When you engage in a transaction with another User found via our Service, you are contracting directly with that User. Your rights and obligations are governed by the terms of your separate agreement with them. You acknowledge and agree that:
- Due Diligence is Your Responsibility: You are responsible for conducting your own due diligence on any potential trade partner. This includes verifying their identity, creditworthiness, business practices, and the quality and safety of their products. We do not vet Users or the content they post.
- No Guarantee of Quality or Performance: We make no representations or warranties regarding the quality, safety, legality, species accuracy, or condition of any products listed. We do not guarantee that a buyer will pay or that a seller will deliver the products as promised. Issues related to cold chain integrity, documentation (e.g., catch certificates, health certificates), and compliance are solely between the buyer and seller.
- Dispute Resolution: Any disputes arising from a transaction—including but not limited to payment defaults, quality claims, or delivery failures—must be resolved directly between the buyer and the seller. You release Seafood-Portal.com (and our officers, directors, agents, subsidiaries, and employees) from any and all claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.
5. Intellectual Property Rights
Our Content: The Service and all materials therein, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "Platform Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Seafood-Portal.com and its licensors.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, or create derivative works from any Platform Content.
Your Content: You retain all ownership rights to the Content you submit to the Platform. However, by submitting Content to Seafood-Portal.com, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with the Service and our (and our successors' and affiliates') business, including for promoting and redistributing part or all of the Service.
This license is necessary for us to operate and promote the Platform.
6. Disclaimers and Limitation of Liability
Disclaimer of Warranties: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SEAFOOD-PORTAL.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING MARKET DATA OR USER INFORMATION, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEAFOOD-PORTAL.COM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
7. Indemnification
You agree to indemnify, defend, and hold harmless Seafood-Portal.com, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms, your violation of any law or the rights of a
third party, or your use of the Service (including any transactions or interactions with other Users).
8. Modification and Termination of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service after any such change constitutes your acceptance of the new Terms.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware for the resolution of any disputes arising out of or relating to these Terms or the Service.
10. General Provisions
Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Seafood-Portal.com and govern your use of the Service, superseding any prior agreements.
Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Contact Information: For any questions about these Terms, please contact us at .