Legal Disclosure and Terms and Conditions
Date of Last Revision: 31 July 2014
The ASA/ASG reserves the right to change or modify any of the terms and conditions in this Agreement, or any policy or guideline of the Website, at any time and in its sole discretion. Any changes of modifications will be made by posting the amended Agreement on this Website, and such changes or modifications will be effective immediately. By continued use of the Website, you agree to be bound by any changes or modifications to the Agreement. Therefore, you should frequently review the Website Agreement and applicable policies to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended terms, you must stop using the Website. For your convenience, the date of last revision is included at the top of this page. The ASA/ASG may make changes in the services described on this Website at any time. You understand that the ASA/ASG may discontinue or restrict your use of this Website at any time, for any reason.
By using this 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 18 years of age; and (d) your use of this Website does not violate any applicable law or regulation.
2. Use of Materials on this Website
The content on this Website includes, but is not limited to, text, graphics, images, photographs, illustrations, trademarks, tradenames, service marks, logos, information obtained from ASA/ASG’s licensors, and other materials (“Content”). Title to the Content on this Website remains with the ASA/ASG. The ASA/ASG invites you to view and use a single copy of the materials obtained from this Website for your personal, non-commercial use. Except as expressly permitted on this Website, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from this Website. No graphics, photographs or other visual elements obtained through this Website may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or the ASA/ASG. 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 this Website. You may not, without ASA/ASG’s written permission, “mirror” any Content contained in this Website or any other server.
3. Blog Postings
The ASA/ASG’s News (“News”) provides the opportunity to share knowledge and post other helpful or meaningful information. By submitting content or information of any type (a “Posting”) to the functionality, or by otherwise using the functionality to transmit or display a Posting, you automatically grant the ASA/ASG a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You also acknowledge that such submissions are non-confidential for all purposes. Moreover, you agree that by using the News functionality you will not post or transmit any of the following materials:
- Anything that interferes with or disrupts the News or the operation thereof,
- Statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others,
- Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of another,
- Statements or material that violates other contractual or fiduciary rights, duties, or agreements,
- Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- Statements or materials that impersonate any other person or entity, whether actual or fictitious, including employees and representatives of the ASA/ASG,
- Anything that violates the privacy or publicity rights of any other person,
- Statements or material that are off-topic, irrelevant, or inappropriate,
- Statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials, and
- Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or this Website.
As the News is generally public, the user experience is enhanced when you follow these guidelines. Please also use netiquette. Please be succinct and stay on topic. Please remember to respect others and their opinions. The ASA/ASG encourages open and sincere communication, but urges all users to remember that the News functionality is intended to be a resource for all.
4. Enforcing Security
The Website is owned by the ASA/ASG. Please be aware that you have no reasonable expectation of privacy while using the Website. The ASA/ASG cannot guarantee the confidentiality of any communication or material transmitted to/from the Website functionality over the Internet or other global communication network and the ASA/ASG is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
The ASA/ASG may obtain access to, block, disclose, and review electronic transmissions and communications made through the Website at any time. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. The ASA/ASG also reserves the right to view, monitor, and document activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or documenting is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Website. The ASA/ASG will also comply with all court orders involving requests for such information. In addition to the foregoing, the ASA/ASG reserves the right at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Website, or any portion of functionality, for any reason.
The Website is controlled and operated by the ASA/ASG from the United States. The ASA/ASG makes no representation that the Content of this Website is available or appropriate for use in other locations, and access to this Website from territories where its contents are illegal is prohibited. Those who choose to access this Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
6. Submissions of Feedback or Materials
It is a policy of the ASA/ASG 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 ASA/ASG’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 ASA/ASG, will be treated as non-confidential and non-proprietary, and will be subject to the license granted in the preceding paragraph. The ASA will not be liable for any use or disclosure of any Submissions.
Any comments or materials sent to the ASA/ASG (via any medium including e-mail and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding this Website or any other products or programs of the ASA/ASG (collectively “Submissions”), shall be deemed to be non-confidential and shall become the sole property of the ASA. You hereby assign all rights in the Submission to the ASA/ASG, and the ASA/ASG shall have no obligation of any kind with respect to such Submission. By submitting a Posting or providing any content on or through this Website, you hereby grant to the ASA/ASG 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 ASA/ASG may sublicense all or part of its rights under this license or assign them to third parties. You represent and warrant that: (a) you own the content posted by you on or through this Website or otherwise have the right to grant the license set forth in this section, and (b) the posting of your content on or through this Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. The ASA/ASG may delete any content for any reason, including content that, in the ASA/ASG’s sole judgment, is offensive, illegal or violate the rights, harms, or threatens the safety of any person. The ASA/ASG has the right, but does not assume the responsibility, for monitoring this Website for inappropriate content. You are solely responsible for the content of any Postings that you post on or through this Website. Without limiting the foregoing, the ASA/ASG shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Submission to others without limitation, without acknowledgment or compensation to you. Further, you expressly waive any moral rights you may have in such Submission.
7. Username and Password
You may be assigned a username and password with which to access restricted areas of this 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 ASA/ASG 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.
9. Choice of Law/Forum
All claims arising out of this Agreement or relating to this Website will be governed by the laws of California, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to this Website shall be brought exclusively in a state or federal court in or for San Francisco County, California, USA.
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 ASA/ASG’s failure to act with respect to any failure by you or others to comply with this Agreement does not waive the ASA/ASG’s right to act with respect to subsequent or similar failures. This Agreement sets forth the entire understanding and agreement between you and the ASA with respect to the subject matter hereof. Any cause of action or claim you may have with respect to this Agreement or this 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.
11. Violations and Additional Policies
The ASA/ASG 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.
The Website is not directed toward children under 18 years of age nor does the ASA/ASG knowingly collect information from children under 18. If you are under 18, please do not submit any personally identifiable information to the ASA/ASG.
14. Copyright and Limited License
15. Repeat Infringer Policy
The ASA/ASG respects the intellectual property of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the ASA/ASG has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the account of any users who are deemed to be repeat infringers. The ASA/ASG may also at its sole discretion limit access to this Website and/or terminate the accounts of any users who infringe the intellectual property rights of others (regardless of whether there is any repeat infringement).
16. Notice for Claims of Copyright Infringement
If you are a copyright owner or agent thereof and believe that Content posted on this Website by an ASA/ASG user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Designated 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 this 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 Designated Agent can be reached by mail at: The Amphibian Survival Alliance C/o Global Wildlife Conservation, Legal Department, PO Box 129, Austin, TX 78767-0129, USA, by phone at 1-512-537-8951, or by email at email@example.com. 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. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.
17. Sites Linked From This Website; Third Party Content
The ASA/ASG, in its sole discretion, or other end users through the use of Website or ASA/ASG News may provide links to other sites on the World Wide Web (“Third Party Websites”) for your convenience in locating related information, materials, communications, products, and services, and other content (collectively the “Third Party Content”). These sites are maintained and operated by third parties over whom the ASA/ASG exercises no control, and have not necessarily been reviewed by the ASA/ASG. Such Third Party Content and Third Party Websites are not under the ASA/ASG’s control, and the ASA/ASG does not endorse, assume any responsibility or liability for, or make any representations or warranties regarding, the Third Party Sites, the Third Party Content or any products or services offered by any third parties on the Website or any Third Party Website. Your use of Third Party Websites or Third Party Content, or any third party products and services, is at your own risk, and subject to the terms and conditions or the provider. Accordingly, the ASA/ASG expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on these Third Party Websites and the ASA/ASG disclaims all liability with regard to your access to and use of such linked websites. Moreover, these links do not imply an endorsement by the ASA/ASG with respect to any third party, any Third Party Website or Third Party Content, any candidate for political office identified in a third party site or any web site or the products or services provided by any third party, and are provided for convenience only.
18. Sites Linking to This Website
If you would like to link another website to this Website, you may only do so if you obtain the ASA/ASG’s prior permission. Unless otherwise set forth in a written agreement between you and the ASA/ASG, you must adhere to the ASA/ASG’s linking policy as follows: (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the ASA’S names and trademarks, (b) 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, endorsed by, or otherwise associated with the ASA/ASG, (c) when selected by a user, the link must display this Website on full-screen and not within a “frame” on the linking Website, and (d) the ASA/ASG reserves the right to revoke its consent to the link at any time and in its sole discretion. Such link may not suggest or imply the ASA/ASG’s endorsement or approval of any product, position, entity, or individual, or portray the ASA/ASG in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Any right to link may be revoked at any time. You may not use the ASA/ASG’s logos, designs, images, photographs, slogans, trademarks, other proprietary graphic or service marks to link to the Website without the express written permission of the ASA/ASG.
19. Corporate Sponsors
The Site may contain links to third parties that sell, manufacture or promote products or services. Your business dealings or correspondence with, or participation in promotions of, third parties other than the ASA/ASG, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The ASA/ASG is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.
Your use of this site, all the Website materials and the services provided on or through the Website (the “services”) is at your own risk and are provided on an “as is” and “as available” basis, without warranties 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 ASA/ASG does not represent or warrant that the website, the website materials or the services are accurate, complete, reliable, current or error-free or that use of the website will be uninterrupted or error-free or that the website or its servers are free of viruses or other harmful code or components. You should use industry-recognized software to detect and disinfect viruses from any download. 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 ASA is not responsible for typographical errors or omissions. Reference to any products, services, programs or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the ASA. To the fullest extent allowed by the law, the ASA/ASG expressly disclaims any and all warranties, conditions and other terms either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights and fitness for particular purpose.
21. Limitation of Liability
In no event shall the ASA/ASG, any other party (whether or not involved in creating, producing, maintaining or delivering the site), and/or the officers, directors, employees, shareholders or agents of any of them, be liable for any direct, incidental or consequential damages of any kind, including, without limitation, loss of use, loss of income, loss of actual or anticipated profits, loss of business, loss of contracts, loss of goodwill or reputation, loss of anticipated savings, loss of, damage to or corruption of data, whether in an action in contract, tort (including but not limited to negligence) strict liability or otherwise, arising out of or in any way connected with the use of the site, the services, the content or the materials contained in or accessed through the site, including without limitation any damages cased by or resulting from reliance by user on any information obtained from the ASA/ASG, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the ASA/ASG’s records, programs or services. In no event shall the aggregate liability of the ASA/ASG, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to the ASA for access to or use of the site, even if the ASA/ASG has been advised of the possibility of such damages.
22. User Content and Interactive Services or Areas
The Site may include discussion forums, user generated content or other interactive areas or services (“Interactive Areas”), including message boards, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- User Content that, in the ASA/ASG’s sole judgment, may endanger or otherwise affect the ASA/ASG’s tax exempt status, including but not limited to content on behalf of (or in opposition to) any candidate for public office, and content that contains propaganda or that otherwise attempts to influence legislation;
- Promotions, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of the ASA/ASG, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose the ASA/ASG or its users to any harm or liability of any type.
The ASA/ASG takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is the ASA/ASG liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, the ASA/ASG is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although the ASA/ASG has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, the ASA/ASG reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.
You retain all rights in User Content (other than Feedback) you post to the Site. Unless we indicate otherwise, you grant the ASA/ASG and the ASA/ASG network a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with the Site and any related Services. You grant the ASA/ASG, the ASA/ASG network, and their affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate this Agreement and will not violate any rights of or cause injury to any person or entity.
23. Registration Data; Account Security
In consideration of your use of the Website, if you create any account on the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the ASA/ASG, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the ASA/ASG.
You agree to defend, indemnify and hold the ASA/ASG, and its affiliates, independent contractors, service providers, suppliers, licensors and consultants, and its officers, directors, employees, and agents (the “Indemnified Parties”), harmless from and against any loss, claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) due to or arising out of or related to your use of this Website and/or violation of this Agreement, any User Content you post, store or otherwise transmit on or through the Site, or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to the Content, your conduct, or your violation of the rights of any third party.
25. Termination; Removal of User Content
Notwithstanding any of these Site Terms, the ASA/ASG reserves the right, without notice and in its sole discretion, to discontinue the Site or any Services offered through the Site and to terminate your license to use and block your access to the Site at any time without notice. In addition, the ASA/ASG reserves the right to delete, edit or modify any and all User Content contained in the Site and any services offered through the Site at any time without notice.
If any provision of these Site Terms is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Site Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
27. Governing Law and Jurisdiction
These Site Terms and your use of the Site are governed and construed in accordance with the laws of California, applicable to agreements made and to be entirely performed in California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to this Agreement shall be filed only in the state and federal courts located in California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.
28. Questions & Contact Information
Thank you for your support and cooperation. If you have any questions or comments regarding the Website, please direct them by e-mail to firstname.lastname@example.org.