TERMS AND CONDITIONS OF USE

 

Primate Conservation, Inc. (“Primate Conservation”) maintains this website (the “Site”) as a source of information about primates and about Primate Conservation and its activities. By using the Site, you agree to comply with and be bound by the following terms and conditions (this “Agreement”), which Primate Conservation may change at any time by posting notice on the Site. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Site.

 

1. Conditions on Using the Site

 

All donations made to Primate Conservation for membership are final irrespective of site performance or problems related to the installation of third party applications necessary to fully use the site. This site is resource-intensive, is best viewed with a modern browser and requires Microsoft Silverlight™. The best experience will be had with newer computers with relatively fast internet connections.

 

All the text, images, pictures, photographs, videos, sound files, marks, designs, text, graphics, logos, data, software, compilations (meaning the collection, arrangement and assembly of information) and other content of the Site, including any Submissions (as defined below), and any of the foregoing sent to you by e-mail or other means (collectively, “Site Content”) are proprietary to Primate Conservation or to third parties.

Primate Conservation authorizes you to view and print Site Content, and to download Site Content only from the portion of the Site expressly designated for downloads, subject to the following conditions: (a) you may print or download Site Content only in limited quantities for your personal, non-commercial use; (b) you may not modify Site Content; (c) any printouts or displays of Site Content must be marked “© Primate Conservation, Inc. 2010. All rights reserved.”; and (d) you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. The permission granted herein is revocable at any time, with or without cause. Except as expressly permitted above, reproduction, modification, creation of a derivative work, distribution, publication, downloading, public display, public performance, posting, transmitting, or otherwise using or exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Primate Conservation. In addition, you may not link to any part of the Site or any Site Content or frame or otherwise display in any manner the Site Content at any other website or elsewhere without the prior written permission of Primate Conservation.

 

All software used on the Site is proprietary to Primate Conservation or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.

 

The marks All The World's Primates, AWP and Primate Conservation, Inc. are trademarks of Primate Conservation or its affiliates, and may not be used in connection with any service or products other than those provided by Primate Conservation, in any manner that is likely to cause confusion among viewers or in any manner that disparages or discredits Primate Conservation. Any use of such marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners.

 

You agree, and represent and warrant, that your use of the Site and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Site, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.

 

2. Submissions Made Directly to Primate Conservation Belong to Primate Conservation

 

In the event that you choose to use this website or any email addresses of Primate Conservation personnel located through this Site to submit to Primate Conservation ideas or suggestions to improve the Site or any Primate Conservation products or services, or otherwise relating to the operation of Primate Conservation or the Site (all of the foregoing being “Submissions”), the Submissions will be deemed, and will remain, the sole property of Primate Conservation. None of the Submissions will be subject to any obligation of confidence on the part of Primate Conservation, and Primate Conservation and any Primate Conservation subsidiaries or affiliated entities (“Primate Conservation Affiliates”) will not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, Primate Conservation will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions.

 

3. Links to Third Party Site Are Not Endorsements

 

The Site may contain links to third-party websites. Any linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Primate Conservation. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

 

4. Warranty Disclaimers and Limitations of Liability

 

Primate Conservation and Primate Conservation Affiliates make no representations or warranties of any kind regarding the Site and the Site Content. The Site and Site Content are provided in “AS IS” condition, and Primate Conservation and Primate Conservation Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE WEBSITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEBSITE OR THE SITE CONTENT, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from Primate Conservation, any of Primate Conservation Affiliates or through the Site or Site Content will create any warranty not expressly stated herein.

 

YOU USE THE WEBSITE AND THE SITE CONTENT AT YOUR OWN RISK, AND NEITHER PRIMATE CONSERVATION NOR PRIMATE CONSERVATION AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.

 

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM PRIMATE CONSERVATION OR PRIMATE CONSERVATION AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR SITE CONTENT, EVEN IF PRIMATE CONSERVATION OR PRIMATE CONSERVATION AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

5. Link to the Privacy Policy

 

Primate Conservation is concerned about user privacy and operates the Site under the PRIVACY POLICY. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.

 

6. Applicable Law and Jurisdiction; Compliance

 

You and Primate Conservation agree that all matters arising from or relating to the use and operation of the Site will be governed by the substantive laws of the State of Rhode Island, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Site will be heard and resolved in the federal and state courts located in Rhode Island. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Site from locations other than Rhode Island, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Site or Site Content in violation of U.S. export laws or regulations.

 

7. Miscellaneous Provisions

 

No delay or omission by Primate Conservation in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Primate Conservation of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Primate Conservation regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.

 

Effective Date of Terms: July 17th. 2010