Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WildlifeRehabber.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Responsibility of Contributors. If you operate a blog, comment on a blog or webpage, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
By submitting Content to WildlifeRehabber.com, you grant WildlifeRehabber.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Content..
Without limiting any of those representations or warranties, WildlifeRehabber.com has the right (though not the obligation) to, in WildlifeRehabber.com’s sole discretion (i) refuse or remove any content that, in WildlifeRehabber.com’s reasonable opinion, violates any WildlifeRehabber.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in WildlifeRehabber.com’s sole discretion. WildlifeRehabber.com will have no obligation to provide a refund of any amounts previously paid.
Copyright Infringement and DMCA Policy. As WildlifeRehabber.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WildlifeRehabber.com violates your copyright, you are encouraged to notify WildlifeRehabber.com. WildlifeRehabber.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WildlifeRehabber.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WildlifeRehabber.com or others. In the case of such termination, WildlifeRehabber.com will have no obligation to provide a refund of any amounts previously paid to WildlifeRehabber.com.
Indemnification. You agree to indemnify and hold harmless WildlifeRehabber.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between WildlifeRehabber.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WildlifeRehabber.com, or by the posting by WildlifeRehabber.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Virginia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Chesapeake, Virginia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; WildlifeRehabber.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.