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TERMS AND CONDITIONS FOR USE OF INFORMATION
Please read these terms and conditions carefully before using any material from amazonwaters.org.
The Wildlife Conservation Society (“WCS”) owns and administers the website with the home page www.amazonwaters.org (this “Site”). By using the Site, you, the Site user, hereby agree to and are bound by these Terms and Conditions for Use of Information (these “Terms”), as they may from time to time be modified by WCS in its sole discretion.
The purpose of the Site is to promote the study and conservation of the Amazon ecosystem and to disseminate related scientific, educational and conservation information to the public, including governments, international organizations, the private sector and individuals. The Site exists to facilitate and encourage the open sharing of information about conservation and the Amazon ecosystem as a global good. To further this goal, limited use of certain materials on the Site is permitted only in accordance with the provisions of these Terms.
The Site is a compilation of publications, maps and photographs. As between you and WCS, WCS owns all such publications, maps and photographs and/or all rights necessary in order to use them on the Site and to grant the rights that are granted herein. All publications and certain specifically identified maps, but not photographs, are hereinafter referred to as the “Information.”
For the avoidance of doubt, and without limitation, Information does not include:
a. any photographs or other images appearing on the Site;
b. any trademark, trade name, logo, insignia design or other proprietary mark of WCS or any third party, or any rights pertaining thereto; or,
c. any patent rights.
3. Limited Permission to Use Information.
a. Grant of Permission. WCS hereby grants you a worldwide, royalty-free, non-sublicensable, non-exclusive license to use, reproduce and share any Information, in whole or in part, in all media solely for non-commercial conservation, education and/or charitable purposes, subject to the attribution and other requirements below.
b. Attribution Requirements. In using the Information you must:
i. identify WCS as the provider of the Information;
ii. reproduce any copyright notice and/or credit line appearing with the original Information on the Site;
iii. include any metadata accompanying or embedded in the original Information;
iv. provide a link/URL to the original Information on the Site; and,
v. include a statement, with a link/URL to these Terms, that the Information has been used, reproduced and shared in accordance with the Terms and that WCS disclaims all warranties in accordance with the Terms.
Notwithstanding the foregoing, you must remove or modify any or all of the foregoing information if so requested by WCS.
i. No permission is granted under these Terms to assign, sell, reproduce, duplicate, sublicense or otherwise transfer any Information use rights to any third party.
ii. No permission is granted under these Terms to modify or change any Information or to create or share any material that is based upon or adapted or derived from the Information.
iii. No permission is granted under these Terms to use, reproduce, share or otherwise exploit any photograph appearing on the Site.
iv. In using the Information you may not state, suggest or imply any form of endorsement by WCS.
v. These Terms do not constitute a transfer of ownership of the Information. You acquire no rights in the Information except the right to use the Information in accordance with these Terms. This is a limited grant of permission and no rights not specifically enumerated herein will be implied.
This grant of permission shall commence upon your first use of the Information in question and shall endure for the full term of copyright available to the Information in the applicable territory.
This grant of permission shall terminate immediately and automatically if you violate any provision or condition of these Terms. Nothing herein shall be construed as prohibiting WCS from pursuing any remedies available at law or in equity for any such violation or threatened violation.
The Information and the Site are provided by WCS “as is” and “as-available,” and WCS expressly disclaims all warranties, express, implied, statutory or otherwise, including, but not limited to, warranties as to title, merchantability, fitness for a particular purpose, non-infringement and freedom from defects or errors, as subject to applicable law. WCS specifically makes no representations as to the accuracy, completeness, reliability or currency of any Information. The use of the Information and the Site is at your own risk.
To the fullest extent permissible by law, WCS will have no liability related to the Information or Site arising under any legal theory, including without limitation negligence and trademark, copyright, privacy, publicity and other proprietary rights. In no event shall WCS, its trustees, officers, employees, independent contractors, or agents be liable for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, whether or not foreseeable or if WCS has been advised of the possibility of such damages or losses.
You agree to indemnify, defend and hold WCS, its trustees, officers, employees, independent contractors and agents (together, the “Indemnitees”) harmless from and against any and all liabilities for damages due to illness, injury or death, claims, suits, judgments, causes of action and expenses (including reasonable attorney’s fees, court costs and out-of-pocket expenses) suffered or incurred by any Indemnitee arising from: (a) any violation by you of any provision of these Terms; and (b) any infringement by you of any third party’s copyright, trademark, or other proprietary right, violation of privacy right or publicity right, or defamation or violation of any other law in connection with your use of the Information.
7. Choice of Law.
The Site is controlled, operated and administered by WCS from its offices within the United States of America. These Terms and your use of any Information shall be governed by the laws of the State of New York, disregarding New York’s choice-of-law rules. Notwithstanding the foregoing, WCS reserves the right to seek equitable or injunctive relief in any jurisdiction in the world. WCS makes no representation that the Information or the Site is permitted, appropriate or available for use at any given location.
If any provision of these Terms is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. No provision of these Terms shall be waived and no failure to comply consented to unless expressly agreed to in writing by WCS. No such waiver or consent will constitute continuing waiver of or consent to similar or other failures to comply. Nothing contained in these Terms shall constitute or be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to WCS, including from the legal processes of any jurisdiction or authority. These Terms constitute the sole and entire understanding and agreement between you and WCS concerning the subject matter. No modifications of or additions to these Terms shall be possible except by written agreement signed by both you and WCS.