Last updated November 8, 2018
1. Permitted Users. faunalytics.org and the Site Content are intended for adults; Faunalytics will not knowingly collect any Personal Information from children 16 years of age or younger. We do not target underage users with advertising for any programs or activities. If we discover or are notified that we have collected any Personal Information from a child under the age of 16 without parental consent, we will remove that information from our records as soon as is reasonably possible.
2. Your Use of faunalytics.org.
(b) Prohibited Activities. You agree:
- Except as expressly allowed by the license above, You agree not to create derivative works from, distribute or otherwise exploit any portion of any Faunalytics Site or Site Content without the express, prior written permission of Faunalytics. Permission may be requested by sending a detailed, written request to Faunalytics at the following address:
PO Box 152703
San Diego, CA 92195
- You will not: interfere or attempt to interfere with the proper working of any Faunalytics Site or any activities conducted on or through any of faunalytics.org; bypass or attempt to bypass robot exclusion headers or other measures Faunalytics may use to prevent or restrict access to any Faunalytics Site; forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Faunalytics Site or Site Content; or attempt to compromise the security of any networked account or website.
- You will not use any Faunalytics Site to transmit spam, or bulk or unsolicited communications. You will not pretend to be Faunalytics or another person or entity, or spoof the identity of Faunalytics or another person or entity. You will not use any Faunalytics Site to engage in abuse, harassment, stalking or making threats of harm.
- You will not collect or store personal information of others obtained through or in connection with any of faunalytics.org.
6. Non-Faunalytics Websites and Third-Party Tools. faunalytics.org may link to or reference other websites or Internet services operated by other persons or entities (“Non-Faunalytics Websites”). Furthermore, certain third-party products or services (“Non-Faunalytics Tools”), including by way of example only, browser plug-ins, applets, and social networking tools, may be linked to, or made available through, faunalytics.org. You should not infer or assume that Faunalytics operates, controls or is otherwise connected with any Non-Faunalytics Websites or Non-Faunalytics Tools. Your access and use of Non-Faunalytics Websites and Non-Faunalytics Tools will be governed by the applicable third party terms and privacy statements (if any), and will be at Your own risk. When You click on a link within one of faunalytics.org to a Non-Faunalytics Websites, You will not necessarily be warned that You are leaving the Faunalytics Site. Similarly, when You download or run a Non-Faunalytics Tool, You will not necessarily be warned that the Non-Faunalytics Tool is not being provided by, or under the control of, Faunalytics.
7. Notice and Procedure for Claims of Copyright Infringement. If You believe that any material provided on or through faunalytics.org, including with limitation any Site Content, infringes Your copyright, You should notify Faunalytics (the “Copyright Notice”) of Your infringement claim with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on faunalytics.org where the material that You claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under penalty of perjury, that the above information in Your Copyright Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Your Copyright Notice should be emailed to Faunalytics copyright agent at [email protected] (subject line: “Copyright Notice”). You may also contact Faunalytics by mail at:
PO Box 152703
San Diego, CA 92195
Faunalytics will process each Copyright Notice that Faunalytics receives and take appropriate action in accordance with applicable intellectual property laws.
8. Disclaimer of Warranty. FAUNALYTICS.ORG AND SITE CONTENT ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. FAUNALYTICS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE AND QUIET ENJOYMENT. FAUNALYTICS MAKES NO WARRANTY THAT THE FAUNALYTICS SITE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO FAUNALYTICS.ORG OR SITE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT YOUR RESULTS WILL BE ACCURATE OR RELIABLE.
9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT FAUNALYTICS IS NOT LIABLE FOR, AND FAUNALYTICS DISCLAIMS, ANY AND ALL DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS) ARISING OUT OF OR IN CONNECTION WITH FAUNALYTICS.ORG OR SITE CONTENT, EVEN IF FAUNALYTICS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION IN CONTRACT, STRICT LIABILITY OR TORT (NEGLIGENCE OR OTHERWISE)), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE ACCESS OR USE, OR THE INABILITY TO ACCESS OR USE, FAUNALYTICS.ORG OR SITE CONTENT, (B) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH FAUNALYTICS.ORG, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR INFORMATION, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (C) ANY PORTION OF THE FAUNALYTICS SITE OR SITE CONTENT THAT YOU ACCESS, USE, COPY, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE OR OTHERWISE EXPLOIT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT, BUT ONLY TO THE EXTENT, THE DISCLAIMER, EXCLUSION OR LIMITATION ABOVE IS HELD LEGALLY INVALID, THEN THE DISCLAIMER, EXCLUSION OR LIMITATION ABOVE WILL NOT APPLY IN THE APPLICABLE JURISDICTION.
IF, NOTWITHSTANDING THE DISCLAIMER, EXCLUSION OR LIMITATION ABOVE, FAUNALYTICS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE TO YOU, THEN FAUNALYTICS’S TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH FAUNALYTICS.ORG AND SITE CONTENT (THE “LIABILITY CAP”) SHALL NOT EXCEED THE GREATER OF (A) $100, OR (B) THE MINIMUM LIABILITY CAP THAT IS LEGALLY VALID UNDER APPLICABLE LAW.