TERMS AND CONDITIONS
Welcome! Friends of Cape Wildlife, Inc. including our employees, agents, contractors, licensors, officers and directors (“us”, “we”, or “our”) owns and operates the following websites covered by these Terms and Conditions: https://www.friendsofcapewildlife.org; https://dashboard.hotlineforwildlife.org; and https://www.hotlineforwildlife.org (the “Sites”).
- Use of These Sites. The following Terms and Conditions govern the use of the Sites. By accessing, viewing, or using the content, material, products or services available through any of the Sites, you indicate (i) that you have read and understand the Terms and Conditions, (ii) that you agree to them and (iii) that you intend to be legally bound by them. If you do not agree to the Terms and Conditions, or if you are under 13 years of age, you may not use the Sites and must exit immediately.
- Registration. In order to access certain content, services, products or benefits on the Sites, you may be asked to register and create an account. As part of the registration process, you must click to agree to the Terms and Conditions, and you may then be asked to select a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifying information such as your email and your address. You are fully responsible for your account including the use of the account by any third party and for maintaining the confidentiality of your password. You may terminate your account at any time by contacting us by email at firstname.lastname@example.org .
- Copyright; Marks; Names; Symbols; Slogans; Logos.
(a) As between you and us, we own or license all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material made available through the Sites (“Site Materials”), as well as the selection, coordination, arrangement, organization and enhancement of the Site Materials. The entire content included in the Site Materials, including text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Friends of Cape Wildlife, Inc. The collective work includes works that are licensed to Friends of Cape Wildlife, Inc., Copyright 2000 through 2019, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the Sites for the sole purpose of placing an order with us or purchasing our products. You may also display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Sites solely for your own non-commercial use. Any other use, including the reproduction, distribution, display or transmission of the content of the Sites, is strictly prohibited unless specifically authorized by us. You further agree not to change or delete any proprietary notices from materials downloaded from the Sites.
(b) As between any user and us, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Sites are proprietary to us or our affiliates, licensors, or suppliers. Use or misuse of these items is expressly prohibited and may violate federal and state trademark law.
(c) Under no circumstances will you have any rights to the Site Materials, other than the right to use the Site Materials in accordance with these Terms and Conditions.
- Unauthorized Activities.
(a) You agree that you will not use the Sites for:
(i) any illegal or unauthorized purposes that violate any local, national, or international laws (including import, export, copyright, and trademark laws);
(ii) modifying, copying, distributing, displaying, reproducing, publishing, licensing, creating derivative works from, transferring or selling any of the Site Materials, unless otherwise authorized by these Terms and Conditions or in a separate written agreement with us;
(iii) attempting to gain unauthorized access to our computer systems or engaging in any activity that interferes with the performance or impairs the functionality of the Sites or any services provided through the Sites; or
(iv) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Sites aimed at preventing or restricting the unauthorized use of the Sites or any of the Site Materials.
(b) You may use the Sites and the Site Materials consistently with Section 3 of these Terms and Conditions. Any other use of the Sites or Site Materials without our prior written permission is strictly prohibited. You acknowledge and agree that the unauthorized use of the Sites or the Site Materials could cause irreparable harm to us and that, in the event of such unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity.
(c) Harassment in any manner or form on the Sites, including via e-mail or chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including our employees, contractors, licensors (or employee or contractor wirh a licensor), officers or directors, or other representatives as well as other members or visitors on the Sites, is prohibited.
(d) You may not upload to, distribute or otherwise publish through the Sites, any content that is (i) libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, (ii) abusive, (iii) illegal, or (iv) otherwise objectionable or (v) that may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload content or use the Sites to solicit others to join or become members, employees, officers, directors, other agents or employees of any other online service or other organization.
- Materials Submitted to the Site.
(a) Certain features of the Sites may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Sites (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Sites and all other persons and entities will not:
(i) infringe on any intellectual property rights or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person;
(ii) violate any law, statute, ordinance, regulation or agreement; or
(iii) constitute disclosure of any confidential information owned by any third party.
(b) You acknowledge that, by providing you with the ability to view and distribute User Content on the Sites, we are merely acting as a passive conduit for such distribution. You also acknowledge that we are not undertaking any obligation or liability relating to any contents or activities on the Sites.
(c) Upon your submission of User Content or other material or information to us, you grant us an irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, sublicense or create derivative works based upon, the User Content, all without any compensation to you whatsoever.
(d) If you believe that any content or postings on the Sites violate your intellectual property or other rights, please follow our Complaint Procedure in Section 11 of these Terms and Conditions.
(e) We reserve the right to block or remove communications or materials that we determine in our sole discretion to be (i) abusive, defamatory, or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of a copyright, trademark or other intellectual property right of another, or (iv) offensive or otherwise unacceptable.
- Third Party Web Sites and Content.
(a) The Sites may contain links to other Internet Web sites for the convenience of users. Use of such third-party links and websites is entirely at your own risk and subject to the terms and condition of the other websites.
(b) We expressly disclaim any responsibility for the content, the accuracy of the information or the quality of products or services provided by or advertised on third-party sites. We also expressly disclaim any responsibility for any transactions you conduct or enter into with third parties. We do not endorse any product or service provided on a third-party website or advertised on the Sites.
(a) The information on the Sites is provided for informational purposes only. We are not responsible for and do not guarantee the accuracy or completeness of any Site Materials or User Content. We reserve the right to immediately remove any Site Materials or User Content. We do not review all communications or products made available on or through the Sites. However, although not obligated to, in our sole discretion we may review, verify, make changes to or remove any User Content or Site Materials with or without notice.
(b) The Sites, Site Materials and User Content including any services, products, information and other materials are made available “as is” and “with all faults.” Use of the site is entirely at your own risk. We make no representations or warranties, and disclaim all representations and warranties, with respect to the Sites, the User Content, the Site Material, whether they are express or implied, written or oral or arising from the course of dealing, the course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, completeness and effort with regard to any User Content, the Sites and the Site Materials is with you.
9. Limitation of Liability. We are not liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual or punitive damages of any kind whatsoever, including lost revenues and lost profits, which may or does result from the use of, access to, or inability to use the Sites, the User Content and the Site Materials without regard to legal theory, and whether or not you or we had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will our total liability to you or any other person or entity in connection with, based upon, or arising from the Sites, User Content and the Site Materials made available through the Sites, exceed the price paid by you during the preceding year for use of the Sites and their services and products. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then our total liability shall not exceed ten dollars ($10). If you are dissatisfied with the Sites or with any of these Terms and Conditions, or feel we have breached the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Sites.
10. Indemnification. You shall indemnify and hold harmless Friends of Cape Wildlife, Inc., and its directors, officers, employees, agents, contractors and licensors (the “Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Sites and your use of the Sites and the Site Materials (including any services, products or data obtained through the Sites, your fraud, violation of law, negligence or willful misconduct, or any other use of the Sites, the User Content and the Site Materials), except to the extent attributable to us, from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with the Claims. You may not settle any Claim without our prior written consent. We or our licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If we or our licensors do not notify you that they elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to us, subject to our right to assume (at our sole cost and expense) the defense of any Claim at any time prior to the settlement or final determination thereof.
- Complaint Procedures.If you believe that any content or postings on the Sites violates your intellectual property or other rights, please notify us by email at email@example.com with a comprehensive detailed message setting forth the following information: (i) your name and the name of your company, if any; (ii) your contact information, including your email address; (iii) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (iv) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate, and I have the full legal authority to make each such statement, representation, and assertion and to make and be granted any demand made in this message.”12. Changes to these Terms; Termination. We reserve the right at any time to modify, alter or update these Terms and Conditions. Your use of the Sites following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms and Conditions shall be effective as to any visitor who has accessed the Sites before the change was made. It is the obligation of users visiting the Sites before the change to learn of changes to the Terms and Conditions since their last visit. We may suspend or terminate your account and/or your ability to use the Sites, or any services on the Sites (i) for failure to comply with these Terms and Conditions, (ii) for providing us with untrue or inaccurate information about yourself, (iii) for infringement upon our proprietary rights, or (iv) for any reason with or without cause.
- Governing Law and Jurisdiction. These Terms and Conditions represent the entire agreement between you and us with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied. These Terms and Conditions will be governed by and construed in accordance with the laws of the Massachusetts, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Sites, you consent and agree to (i) the exclusive jurisdiction of the federal and state courts located in Massachusetts; (ii) accept service of process by personal delivery or mail; and (iii) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.14. Miscellaneous. The Sites are controlled and operated from within the United States. Without limiting anything else, we make no representation that the Sites, Site Materials and User Content including services, products, information or other materials available through the Sites are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Sites from other locations do so of voluntarily and are responsible for compliance with applicable laws. Our waiver or failure to exercise any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of the Terms and Conditions. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms and Conditions or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”