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Legal Disclosure

 

Legal Disclosure and Terms of Use

September 17, 2007

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.  This website (the "Website") is a service offered by The Nature Conservancy.  This Terms of Use Agreement (the “Terms of Use” or “Agreement”) describes the terms and conditions applicable to your access and use of the Website and The Nature Conservancy’s services.  The Nature Conservancy may revise this Agreement at any time by posting the amended Terms of Use on the Website, and you agree that you will be bound by any changes to the Terms of Use.  For your convenience, the date of last revision is included at the top of this page.  The Nature Conservancy may make changes in the services described on the Website at any time.  You understand that The Nature Conservancy may discontinue or restrict your use of the Website for any reason. 

ABOUT THE INFORMATION ON THIS SITE.  The content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis.  You are encouraged to confirm the information contained herein.  You should not construe The Nature Conservancy's publication of the content on the Website as a warranty or guarantee of the quality or availability of any goods or services. 

ELIGIBILITY.  By using the Website, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of the Website does not violate any applicable law or regulation.  

USE OF MATERIALS ON THIS SITE.  The Nature Conservancy invites you to view and use a single copy of the materials obtained from this Website for your personal, non-commercial use. You agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Website.[NOTE: Insert the following language as part of the preceding sentence in the terms of use for ConserveOnline and any other site for which TNC intends that users will be able to share content]; provided, however, that you may distribute or redistribute articles, messages and other narrative content posted to the Website by third parties only to the extent that you maintain (a) all copyright and trademark notices, (b) attribution of authorship to the extent available, and (c) the integrity of the content, i.e., the article, message or other narrative content must not be distributed except as a whole and must not be modified in any way.  No graphics, photographs or other visual elements obtained through the Website may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or The Nature Conservancy.  You are not permitted to use the materials on this Website except as expressly set forth herein.  You may not under any circumstances attempt to deface, shut down or otherwise damage the Website.

LINKS TO THIS SITE AND USE OF MARKS.  The Website may contain links to websites operated by other parties.  The Nature Conservancy provides these links to other websites as a convenience, and use of these sites is at your own risk.  The linked sites are not under the control of The Nature Conservancy, and The Nature Conservancy is not responsible for the content available on the other sites.  Such links do not imply The Nature Conservancy’s endorsement of information or material on any other site and The Nature Conservancy disclaims all liability with regard to your access to and use of such linked Websites. 

LINKS TO NATURE CONSERVANCY WEBSITES.  Unless otherwise set forth in a written agreement between you and The Nature Conservancy, you must adhere to The Nature Conservancy’s linking policy as follows:  (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with The Nature Conservancy’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with The Nature Conservancy, (iii) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website, and (iv) The Nature Conservancy reserves the right to revoke its consent to the link at any time and in its sole discretion.  Use of any of the Conservancy's logos, designs, images, photographs, slogans, trademarks or service marks in conjunction with the external links is not permitted.

TRADEMARKS.  The Nature Conservancy, The Nature Conservancy & Design, The Nature Conservancy Logos, Diversidata, Last Great Places, The Nature Conservancy International, Parks in Peril, Adopt An Acre, Rescue the Reef & Design, Virginia Coast Reserve, America Verde, Wings of the Americas, TNC, tnc.org, and all other names of Nature Conservancy programs referenced herein are registered or common law trademarks of The Nature Conservancy in the United States. The Nature Conservancy and other trademarks are registered in several other countries, including without limitation Argentina, Australia, Bolivia, Brazil, Chile, Columbia, Costa Rica, Dominican Republic, Ecuador, France, Guatemala, Honduras, Hong Kong, Indonesia, Jamaica, Japan, Mexico, New Zealand, Nicaragua, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Taiwan, and Venezuela.  For more information, please contact The Nature Conservancy Legal Department at 4245 North Fairfax Drive, Arlington Virginia, 22203-1606 USA.  Unauthorized use of any Nature Conservancy trademark, service mark or logo may be a violation of federal and state law.

DISCLAIMERS AND LIMITATION OF LIABILITY.  ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  THE NATURE CONSERVANCY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

THE NATURE CONSERVANCY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NATURE CONSERVANCY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF THE NATURE CONSERVANCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY.  You agree to indemnify, defend and hold The Nature Conservancy, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website and/or breach of this Agreement.

COPYRIGHT. The Website is protected by U.S. and international copyright laws.  Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without The Nature Conservancy’s express prior written permission.

NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT.  If you are a copyright owner or agent thereof and believe that content posted on the Website by a Nature Conservancy user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.  Our Copyright Agent can be reached by mail at: The Nature Conservancy, ATTN: COPYRIGHT AGENT or SUSAN LAUSCHER, Legal Department, The Nature Conservancy, 4245 N. Fairfax Drive, Arlington, VA  22203-1606, USA, by phone at 1-703-841-4849, by fax at 1-703-841-0128, or by email at slauscher@tnc.org.  Please note that attachments cannot be accepted at the email address for security reasons.  Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

LOCATION. The Website is operated by The Nature Conservancy from its offices in the United States.  The Nature Conservancy makes no representation that the content of this Website is available or appropriate for use in other locations.  Those who choose to access the Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

CHILDREN.  The Website is not directed toward children under 13 years of age nor does The Nature Conservancy knowingly collect information from children under 13.  If you are under 13, please do not submit any personally identifiable information to The Nature Conservancy.

PRIVACY POLICY.  By agreeing to these terms, you acknowledge that The Nature Conservancy may collect, use and disclose your information as described in our .

USER CONTENT.  By posting or providing any content on or through the Website, you hereby grant to The Nature Conservancy a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such content in any form, and The Nature Conservancy may sublicense all or part of its rights under this license or assign them to third parties.  You represent and warrant that: (i) you own the content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.  The Nature Conservancy may delete any content that in the sole judgment of The Nature Conservancy may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.  The Nature Conservancy has the right, but does not assume the responsibility, for monitoring the Website for inappropriate content.  You are solely responsible for the content that you post on or through the Website. 

SUBMISSIONS. It has been the long-standing policy of The Nature Conservancy not to accept or consider creative ideas, suggestions, or materials, including, but not limited to, notes, drawings, concepts, comments, questions or answers, techniques, know-how, or other information (hereinafter “Submissions”) other than those specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by The Nature Conservancy's professional staff might seem to others to be similar to their own creative work.  All Submissions, including unsolicited submissions and those made at the request of The Nature Conservancy, will be treated as non-confidential and non-proprietary, and will be subject to the license granted in the preceding paragraph. The Nature Conservancy will not be liable for any use or disclosure of any Submissions.

PASSWORD.  You may be assigned a username and password with which to access restricted areas of the Website. You agree not to use the username or password of another user at any time or to disclose your password to any third party. You agree to notify The Nature Conservancy immediately if you suspect any unauthorized use of your username or access to your password.  You are solely responsible for any and all uses of your username and password.

EMAIL.  Email submissions over the internet may not be secure.  Please do not email The Nature Conservancy any personal or confidential information.

CHOICE OF LAW/FORUM.  All claims arising out of this Agreement or relating to the Website will be governed by the laws of the Commonwealth of Virginia, USA, excluding the application of its conflicts of law rules.  Any legal action or proceeding arising out of this Agreement or relating to the Website shall be brought exclusively in a state or federal court in or for Arlington County, Virginia, USA. 

MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  The Nature Conservancy’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive The Nature Conservancy’s right to act with respect to subsequent or similar failures.  These Terms of Use set forth the entire understanding and agreement between you and The Nature Conservancy with respect to the subject matter hereof.  Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

VIOLATIONS AND ADDITIONAL POLICIES.  The Nature Conservancy reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including without limitation the right to block access from a particular Internet address. 

Copyright © 2008 The Nature Conservancy.  All rights reserved.

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