TERMS OF USE
Welcome to a website of the Albertine Rift Conservation Society ("ARCOS”) ("the Site").
By
accessing and using the Site, you agree to be bound by these terms and
conditions of use ("Terms of Use") and the associated Privacy Policy for
the Site. From time to time, ARCOS may modify these Terms of Use, so
please review it periodically for changes. Your continued use of the
Site after we have modified the Terms of Use indicates your agreement to
the modified terms.
PRIVACY
ARCOS respects the
privacy of its users and encourages you to read its Privacy Policy so
that you may make an informed decision about using the Site.
COPYRIGHT NOTICE
Copyright 2017. Albertine Rift Conservation Society. All rights reserved.
TRADEMARK NOTICE
Albertine
Rift Conservation Society, ARCOS, ARCOS Network, Collaborative Action
for Nature and People, and the various ARCOS logos displayed on the Site
are trademarks or service marks of the Albertine Rift Conservation
Society. All rights reserved.
USE OF CONTENT
Permission
to use, copy and distribute content delivered from this Site is hereby
granted under the following conditions: (1) the above copyright and this
permission notice must appear in all copies; (2) any use of the content
available from this Site must be for personal or informational purposes
only and in no instance for commercial purposes; (3) no content
available from this Site may be modified in any manner; (4) no graphics
available from this Site may be used (including links from pages on
other websites), copied, or distributed separate from the accompanying
text; and (5) no attribution information may be removed from any
content. Any rights not expressly granted herein are reserved by ARCOS.
Nothing contained herein shall be construed as conferring by
implication, estoppel, or otherwise any license or right under any
trademark or service mark of ARCOS. Except as expressly granted above,
all rights are expressly reserved to ARCOS.
SUBMISSIONS, UPLOADED CONTENT AND ONLINE CONDUCT
You
retain all of your ownership rights in any content including but not
limited to information, data, text, messages, articles, software,
photos, video, graphics, music, sounds or any other original or creative
material, or other information provided by you in the form of e-mail or
submissions to ARCOS, or postings on the Site or through another ARCOS
website or service. You hereby grant ARCOS a perpetual, irrevocable,
worldwide, non-exclusive, royalty-free, sublicensable and transferable
license to use, reproduce, distribute, prepare derivative works of,
display, and perform the content in connection with Site, including
without limitation for promoting and redistributing part or all of the
ARCOS service (and derivative works thereof) in any media format and
through any media channel. You also hereby grant each user of the ARCOS
service a non-exclusive license to access your content through the Site,
and to use, reproduce, distribute, display and perform such content as
permitted through the functionality of the Site or a ARCOS service and
under these Terms of Use. The submission of any content to ARCOS
irrevocably waives any and all "moral rights" in such content. You
further agree that ARCOS does not guarantee any confidentiality with
respect to any content you submit.
ARCOS does not endorse any
content submitted to ARCOS, nor any opinion, recommendation, nor advice
expressed therein, and ARCOS expressly disclaims any and all liability
in connection with such submissions.
You affirm, represent, and
warrant that you own or have the necessary licenses, rights, consents,
and permissions to publish content you submit; and you license to ARCOS
all patent, trademark, trade secret, copyright or other proprietary
rights in and to such content for publication on or through the Site or a
ARCOS service pursuant to this Terms of Use.
You further agree that
any content you submit to ARCOS through this Site or any ARCOS service
will not contain third party copyrighted material, or material that is
subject to other third party proprietary rights, unless you have
permission from the rightful owner of the material or you are otherwise
legally entitled to post the material and to grant ARCOS all of the
license rights granted herein.
In order to maintain an efficient and
effective Site that addresses the needs and interests of our users, the
following rules apply to the use of this Site:
INDEMNITY
You
agree to indemnify and hold ARCOS, its officers, directors, trustees,
shareholders, predecessors, successors in interest, employees, agents,
subsidiaries and affiliates, harmless from any demands, loss, liability,
claims or expenses (including attorneys' fees), made against ARCOS by
any third party due to or arising out of or in connection with your use
of the Site.
USE BY CHILDREN
The Site is intended
to be accessible and enjoyed by general audiences but ARCOS does not
offer or sell any product or service through this Site to children under
the age of 13. ARCOS does not knowingly collect personal information
from children under the age of 13 on any of its websites without first
providing the parent or legal guardian with notice and obtaining prior
verifiable consent. Where a ARCOS website is specifically directed
toward children under the age of 13, the terms of the ARCOS Children's
Privacy Policy will apply.
DISCLAIMER
THE SITE AND
ITS CONTENT ARE PROVIDED ON AN "AS IS", "WHERE IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARCOS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. ARCOS DOES NOT REPRESENT OR WARRANT THAT CONTENT
IN THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION PROVIDED
THROUGH THE SITE BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE. ARCOS DOES NOT REPRESENT OR WARRANT THAT THE SITE
OR ARCOS'S SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH
MATERIAL OR THE USE OF THE SITE.
ARCOS reserves the right to change
any and all content contained on the Site at any time without notice.
Reference to any products, services, processes or other information, by
trade name, trademark, service mark, manufacturer, supplier or otherwise
does not constitute or imply endorsement, sponsorship or recommendation
thereof by ARCOS.
LIMITATION OF LIABILITY
IN NO
EVENT SHALL ARCOS OR ITS OFFICERS, DIRECTORS, TRUSTEES, OR EMPLOYEES BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR
ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT
(INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR THE
CONTENT CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING WITHOUT
LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON
ANY INFORMATION OBTAINED FROM ARCOS, OR THAT RESULTS FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, 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 ARCOS'S RECORDS,
PROGRAMS OR SERVICES.
LINKING TO THE ARCOS SITE
You
are granted a limited, non-exclusive right to create a hyperlink to
this Site provided such link does not portray ARCOS or any of its
products, services or programs in a false, misleading, derogatory or
otherwise defamatory manner. This limited right may be revoked at any
time. You may not use, frame or utilize framing techniques to enclose
any ARCOS trademark, service mark, logo or other proprietary
information, including the images found at the ARCOS website, the
content of any text or the layout/design of any page or form contained
on a page without ARCOS's express written consent. Further, you may not
use any meta tags or any other "hidden text" utilizing a ARCOS name,
trademark or product name without ARCOS's express written consent.
Except as noted above, you are not conveyed any right or license by
implication, estoppel or otherwise, in or under any patent, trademark,
service mark, copyright or proprietary right of ARCOS or any third
party. ARCOS makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature or reliability of
websites linking to the ARCOS website.
THIRD PARTY LINKS AND CONTENT
ARCOS
may provide links to web pages and content of third parties ("Third
Party Content") as a service to those interested in this information.
ARCOS does not monitor, nor does it have any control over, any Third
Party Content. ARCOS does not endorse or adopt any Third Party Content
and can make no guarantee as to its accuracy or completeness. ARCOS
makes no representations or warranties of any kind regarding such Third
Party Content, or any information contained therein, and undertakes no
responsibility to update or review any Third Party Content. When leaving
the ARCOS site, you should be aware that ARCOS's terms and policies no
longer govern, and, therefore, you should review the applicable terms
and policies, including privacy and data gathering practices, of that
site. Users use these links and Third Party Content contained therein at
their own risk.
ACCOUNTS
Some ARCOS sites and
services permit or require you to create an account to participate or to
secure additional benefits. You agree to provide and maintain accurate,
current and complete information, including your contact information
for notices and other communications from us and your payment
information. You agree not to impersonate or misrepresent your
affiliation with any person or entity, including using another person's
username, password or other account information, or another person's
name or likeness, or provide false details for a parent or guardian. You
agree that ARCOS may take steps to verify the accuracy of information
you provide, including contact information for a parent or guardian.
You
are responsible for taking reasonable steps to maintain the
confidentiality of your username and password, and you are responsible
for all activities under your account that you can reasonably control.
You agree to promptly notify ARCOS of any unauthorized use of your
username, password or other account information, or of any other breach
of security that you become aware of involving your account or the
applicable ARCOS service.
PAID TRANSACTIONS
Paid
transactions (e.g., for donations or purchase of goods) are made by
ARCOS or a third party identified at the time of sale, if different. If
you have questions about your transaction, please contact ARCOS (or
third party) at the address provided and they will assist you. Different
or additional terms and conditions may apply to third parties, which
you should read when they are presented to you.
You will have the
opportunity to review and confirm your order, including delivery address
(if applicable), payment method and product details. A notice will be
communicated to you when your order is accepted and our acceptance will
be deemed complete and for all purposes to have been effectively
communicated to you at the time the notice is sent. At such time, the
contract for sale will be made and become binding. The risk of loss in
any goods you purchase and the responsibility to insure them passes to
you when the relevant goods are delivered.
We reserve the right to
refuse or cancel any order prior to delivery. Some situations that may
result in your order being cancelled include system or typographical
errors, inaccuracies in product or pricing information or product
availability, fairness among customers where supplies are limited, or
problems identified by our credit or fraud departments. We also may
require additional verification or information before accepting an
order. We will contact you if any portion of your order is cancelled or
if additional information is required to accept your order. If your
order is cancelled after we have processed your payment but prior to
delivery, we will refund your payment.
When you provide payment
information, you represent and warrant that the information is accurate,
that you are authorized to use the payment method provided, and that
you will notify us of changes to the payment information. We reserve the
right to utilize third party credit card updating services to obtain
current expiration dates on credit cards.
EXCESSIVE DATA USAGE CHARGES
Accessing
and using the Site on your mobile device will require use of your data
service. Depending on the plan you have with your mobile network
carrier, you could incur excessive data charges. You should check with
your mobile network carrier and determine how you will be charged for
data usage. ARCOS is not responsible for your data usage and will not be
responsible for excessive data charges that you may incur. You are
responsible for any Internet connection, data or other fees assessed by
your mobile network carrier to access the Site via your wireless device,
including any data plan charges, toll, out-of-area, roaming or other
wireless device connection charges.
SEVERABILITY AND NONWAIVER
If
any provision of these Terms of Use shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall be deemed
severable from these Terms of Use and shall not affect the validity and
enforceability of any remaining provisions. The failure of ARCOS to
insist upon or enforce strict performance of any of the provisions of
these Terms of Use or to exercise any rights or remedies under these
Terms of Use will not be construed as a waiver or relinquishment to any
extent of ARCOS's right to assert or rely upon any such provisions,
rights or remedies in that or any other instance; rather, the same will
be and remain in full force and effect.
APPLICABLE LAW AND JURISDICTION
These
Terms of Use and any amendments or revisions shall be governed by
applicable law of the United Kingdom, without regard to its conflict of
laws principles. Any case, controversy, suit, action, or proceeding
arising out of, in connection with, or related to these Terms of Use or
the use of the Site shall be brought in the judicial district in
Cambridge, and you irrevocably consent to personal jurisdiction in the
courts located in the district of Cambridge.
LIMITATION ON TIME TO FILE CLAIMS
ANY
CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.
TERMINATION
Notwithstanding
any of these Terms of Use, ARCOS reserves the right, without notice and
in its sole discretion, to terminate your use of the Site and to block
or prevent future access to and use of the Site.
DATA RETENTION
ARCOS
may maintain backups of data including registration data to recover
data and restore accounts in case of errors or system failure.
Therefore, data that you delete or that ARCOS deletes may remain backed
up. ARCOS does not guarantee that backups will function error free.
ARCOS may not be able to restore data from a backup on request. For
these reasons, you are responsible for maintaining your own backups.
SWEEPSTAKES & CONTESTS
ARCOS
may operate sweepstakes, contests, and similar promotions (collectively
"Promotions") through this Site. You should carefully review the rules
("Official Rules") of each Promotion in which you participate, as the
Official Rules may contain additional terms and conditions. In the event
the Official Rules conflict with this Terms of Use, the Official Rules
will control.
REVIEW AND CORRECTION
If you would
like to review or correct the information that you provided to ARCOS (or
if you have comments or questions about our Site), you can contact us
at: info@arcosnetwork.org.
