1. The Registry.
1.2 Access to the Registry. Content in the Registry includes data and location information (via a mapping tool) and User Submissions as defined below on conservation projects across the landscape. Your use of this Content is limited to private, non-commercial use, and in the same manner, form, format, and appearance as it is provided by the Registry. You may not, nor may You allow others to, copy, distribute, display, alter, or otherwise use the Content except as it is provided to You through the Registry. Defenders of Wildlife reserves the sole right and discretion to determine whether Your use of the Registry is in conformance with this Section, and also reserves the right to terminate or suspend Your access to the Registry at any time for any reason, without notice.
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the rights or have the permission of the owner to post such content;
- download any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- restrict or inhibit any other user from using and enjoying the Registry;
- use the Registry for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Registry;
- interfere with or disrupt the Registry or Defenders of Wildlife's servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to Defenders of Wildlife;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Defenders of Wildlife's services or collect information about users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by Defenders of Wildlife;
- create user accounts by automated means or under false or fraudulent pretenses, or obtain or attempt to obtain multiple keys for the Registry;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
2. Proprietary Rights.
3. User Submissions
(a) The Registry permits registered users to submit information about conservation projects. Any user can search and report on data in the registry. Information You or others submit to the Registry are referred to herein as "User Submissions". The Registry may now or in the future enable the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Defenders of Wildlife does not guarantee any confidentiality with respect to any User Submissions.
(d) If You are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an email address;
(v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Defenders of Wildlife's designated Copyright Agent to receive notifications of claimed infringement is Robert G. Dreher, General Counsel of Defenders of Wildlife. Notifications of claimed infringement should be sent to Mr. Dreher at Defenders of Wildlife, 1130 17th St., N.W., Washington, D.C. 20036, or by email to email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Kassandra Kelly, Project Manager at or by mail to: The Conservation Registry, c/o Defenders of Wildlife, Northwest Office, 1880 Willamette Falls Drive, Suite 200, West Linn, OR 97068. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.
5. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE REGISTRY IS AT YOUR SOLE RISK. THE REGISTRY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEFENDERS OF WILDLIFE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. DEFENDERS OF WILDLIFE AND ITS LICENSORS MAKE NO WARRANTY THAT (i) THE REGISTRY WILL MEET YOUR REQUIREMENTS, (ii) THE REGISTRY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REGISTRY WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE REGISTRY WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE REGISTRY IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR RECEIPT OF ANY SUCH MATERIAL.
5. LIMITATION OF LIABILITY.
IN NO EVENT SHALL DEFENDERS OF WILDLIFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR MISLEADING CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE REGISTRY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF DEFENDERS OF WILDLIFE'S SERVERS AND/OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM DEFENDERS OF WILDLIFE'S WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH DEFENDERS OF WILDLIFE'S WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE REGISTRY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DEFENDERS OF WILDLIFE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DEFENDERS OF WILDLIFE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Registry is controlled and offered by Defenders of Wildlife from its facilities in the United States of America. Defenders of Wildlife makes no representations that the Registry is appropriate or available for use in other locations. Those who access or use the Registry from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Defenders of Wildlife may change, suspend or discontinue any or all aspects of the Registry, including their availability, at any time, and may suspend or terminate Your use of the Registry at any time. This includes, without limitation, the right to set, at Defenders of Wildlife's own discretion and at any time, a maximum number of data, maps, reports or other Content You may access through the Registry without Defenders of Wildlife's prior written consent.