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Faunalytics Policies

A collection of Faunalytics terms and policies, as well as our commitment to diversity and inclusivity.

Website Terms of Use

Last updated November 8, 2018

These Website Terms of Use (these “Terms of Use”), which govern the access and use by you (“You”) and the Faunalytics website located at faunalytics.org, including without limitation the content, information and services provided on or through the website (the “Site Content”).

By accessing or using faunalytics.org, You are indicating that You have read and understood, and that You assent to be bound by, these Terms of Use.

If You do not agree to these Terms of Use, then You must not, and You are not authorized to, access or use faunalytics.org.

  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.

(a) License. Subject to these Terms of Use, Faunalytics grants to You a limited, non-transferable, revocable license to access and use faunalytics.org solely for non-commercial purposes by You or within Your organization, and to print a copy of web pages or downloadable files within faunalytics.org solely for such purposes. Any copy of faunalytics.org or Site Content that You make must retain all copyright and other proprietary notices in the same form and manner as on the original, and may not be distributed by You to any person or entity. Except for this license, nothing in these Terms of Use will be construed to confer (by implication, estoppel or otherwise) any license or right under any intellectual property right of Faunalytics. Faunalytics and the respective owners of the Site Content on faunalytics.org own and retain all rights to faunalytics.org and Site Content.

(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:

Faunalytics
PO Box 152703
San Diego, CA 92195

      • You will not use any Faunalytics Site or Site Content for any purpose, or engage in any activity related to faunalytics.org, that: is unlawful, defamatory, or in breach of a fiduciary or contractual duty; is profane, obscene, pornographic, or indecent; results in the misappropriation, infringement or violation of the rights of any person, animal, or entity (including without limitation any intellectual property, privacy or publicity rights); or is prohibited by these Terms of Use or the applicable Supplemental Terms (defined below).
      • 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.

(c) Discontinuation. Faunalytics reserves the right to suspend or discontinue all or any portion of faunalytics.org at any time, without notice. Furthermore, Faunalytics reserves the right to suspend or discontinue (including without limitation through technical means) Your individual access to or use of any Faunalytics Site at any time, without notice, including without limitation if Faunalytics determines in its sole discretion that You have breached these Terms of Use, violated any law or engaged in any inappropriate conduct, or if Your use of a Faunalytics Site places an unacceptable burden on Faunalytics information technology infrastructure, creates problems or possible liabilities for Faunalytics, or is inconsistent with Faunalytics mission or objectives. Faunalytics will not be liable to You for any such suspension or discontinuation.

  1. Changes to these Terms of Use. Faunalytics may change these Terms of Use at any time, and such change will automatically be effective upon the posting of the new Terms of Use at faunalytics.org. Any access or use of faunalytics.org by You after such posting will indicate Your assent to the new Terms of Use.
  2. Privacy. For information about Faunalytics policy regarding the collection, use and sharing of personal information, please review the Faunalytics Privacy Policy (the “Privacy Policy”). The Privacy Policy also details our steps to comply with the General Data Protection Regulation (GDPR), which went into effect in May 2018. The Privacy Policy is incorporated by reference into these Terms of Use, and by accessing or using any of faunalytics.org, You are agreeing to Your information being governed by the then-current Privacy Policy.
  3. Information You Provide. All information that You provide to Faunalytics (“Your Information”) through or in connection with faunalytics.org is protected by our Privacy Policy. You represent and warrant that all of Your Information will be complete and accurate at the time You provide it and that You are authorized to provide Your Information to Faunalytics for such purposes. You agree to not misrepresent Your affiliation with any person or entity.
  4. 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.
  5. 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:

Faunalytics
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.

  1. 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.
  2. 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.
  3. Governing Law. You and Faunalytics agree that any claim or controversy at law or equity that arises out of these Terms of Use or Your access or use of faunalytics.org will be governed by Washington law (without regard to conflict of law provisions) and all claims and actions related hereto must be brought in the appropriate state or federal court located in Thurston County, State of Washington. You and Faunalytics agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
  4. Miscellaneous. Faunalytics’ failure to act with respect to a breach by You or others does not waive Faunalytics right to act with respect to subsequent or similar breaches. Faunalytics does not guarantee that it will take action against all breaches. You may not assign or transfer any of Your rights or obligations under these Terms of Use to another person or entity without the prior, written permission of Faunalytics (and any attempted assignment or transfer in violation of such requirement will be null and void). Faunalytics may assign these Terms of Use to another person or entity without Your consent. If any provision of these Terms of Use is held by a court of competent jurisdiction to be legally invalid, the remaining provisions of these Terms of Use will continue in full force and effect, and the invalid provision will be replaced by the legally valid provision that most closely achieves the intent of the invalid provision. You agree to not use or export anything on faunalytics.org in violation of applicable export control laws. Provisions that by their nature would survive termination or expiration of these Terms of Use, including without limitation Sections 8 (Disclaimer of Warranty), 9 (Limitation of Liability) and 10 (Governing Law), will survive indefinitely unless limited to a shorter period by a statute of limitation imposed by law or by the express language of the surviving provision. These Terms of Use, together with the other terms it references, is the final, complete, and exclusive agreement between You and Faunalytics relating to the subject matter hereof.
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