Terms and Conditions of Use Welcome to HumaneSpot.org!
This HumaneSpot.org User Agreement (this “User Agreement”) is a legally binding agreement between you (“You”) and the Humane Research Council (“HRC”). This User Agreement covers Your access and use of the website, content and services located at the humanespot.org, humanespot.com and humanespot.net domains (collectively, the “HumaneSpot Site”).
1. Permitted Users. You must be at least 18 years old (or of legal age to form a non-repudiatable contract in Your jurisdiction, if older) to access or use the HumaneSpot Site.
2. HRC Terms of Use and Privacy Policy. You agree to the HRC Terms of Use and Privacy Policy available by hyperlink and in effect at the time You use the HumaneSpot Site, and the provisions of such Terms of Use and Privacy Policy are incorporated by reference into this User Agreement. If a provision in such Terms of Use or Privacy Policy conflicts with a provision in this User Agreement, then the provision of the User Agreement will control, but only with respect to Your access and use of the HumaneSpot Site.
3. Accounts Registration Process. In order to log into the HumaneSpot Site, You must apply for an account and be approved by HRC.
(a) Account Registration. Typically, accounts will only be provided to registrants for purposes consistent with HRC’s mission and objectives. However, HRC reserves the right to reject or approve any account application, for any reason in its sole discretion, except to the extent prohibited by applicable law. You agree that HRC is not required to provide an explanation for its decision regarding Your account application. Furthermore, You acknowledge that as part of HRC’s evaluation process, and subject to applicable law, HRC may obtain and consider information regarding You or Your application from sources other than Your application, including without limitation by performing Internet and other searches. You understand that even if HRC rejects Your application, HRC may maintain the application and associated information for archival and business purposes.
(b) Account Information. You represent and warrant that all Information that You provide in connection with Your account application will be complete and accurate at the time You provide it. You agree to not misrepresent Your affiliation with a person or entity. If You receive an account with the HumaneSpot Site, You agree to promptly update Your registration information with the HumaneSpot Site so that it remains complete and accurate at all times.
(c) Access Limited to Account Holders. Portions of the HumaneSpot Site are intended for access only by individuals who have registered for an account that has been approved by HRC. Until You have been expressly approved by HRC as an account holder, You agree not to access or use any portions of the HumaneSpot Site intended only for account holder access. Furthermore, You agree not to access (or attempt to access) any portion of the HumaneSpot Site except through the interface that is provided by HRC.
4. Communications to Account Holders.
(a) Mandatory Communications. Your account registration with the HumaneSpot Site may result in Your receipt of certain email or other communications from HRC consisting of service announcements and administrative messages (the “Mandatory Communications”), and You agree that these are part of Your registration, and that You cannot opt out of receiving them.
(b) Automatic Enrollment in HRC Mailing List. You acknowledge that upon approval of Your account application, You will be automatically enrolled in an HRC electronic mailing list through which HRC publishes various announcements, donation opportunities and other information. Currently, HRC uses the service located at mailchimp.com (the “Mailchimp Site”) to manage this electronic mailing list, and You agree to the then-current terms and conditions, and privacy policy, published at the Mailchimp Site. Except for the Mandatory Communications (described in paragraph (a), above), You may opt out of HRC’s electronic mailing list at any time by following the instructions included in the email You receive, or if no instructions have been included, then by emailing info@humaneresearch.org for instructions.
5. Account Security. Your username and password are for Your personal use only. HRC reserves the right to revoke access, or change Your username or password, at any time, without notice. Your password must not be shared with anyone. You are responsible for all use of Your account. If You know or suspect that Your account or password has been compromised, please notify us at info@humanespot.org (subject line: Account Security Breach) as soon as possible.
6. Account Termination and Suspension.
(a) Termination by You. You may terminate Your account with the HumaneSpot Site at any time by emailing info@humanespot.org (subject line: Account Termination Request). HRC will process any such termination requests within a reasonable period.
(b) Termination or Suspension by HRC. In addition to HRC’s right to terminate all or any portion of the HumaneSpot Site, HRC reserves the right to suspend or terminate Your account or Your continued or future use of the HumaneSpot Site at any time without notice or liability if HRC determines in its sole discretion that You have breached this User Agreement, violated any law or engaged in inappropriate conduct, or if Your use of the HumaneSpot Site places an unacceptable burden on HRC’s information technology infrastructure, creates problems or possible liabilities for HRC, or is inconsistent with HRC’s mission or objectives. HRC will not be liable to You for any such suspension or termination. Once Your account has been suspended or terminated, You will not have continued access to any information or content stored with Your account. HRC may also, in its sole discretion, terminate or suspend unconfirmed accounts or accounts that have been inactive for a period of time. Except to the extent prohibited by applicable law, HRC reserves the right to maintain information associated with terminated or suspended accounts for archival and business purposes.
7. HumaneSpot Site Content.
(a) Third Party Materials. YOU AGREE THAT THE COPYRIGHT IN SOME OF THE MATERIALS AVAILABLE THROUGH THE HUMANESPOT SITE IS OWNED BY A THIRD PARTY, AND YOUR USE OF SUCH MATERIALS IS SOLELY AT YOUR OWN RISK. YOU AGREE TO COMPLY BY ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY LAWS, IN CONNECTION WITH YOUR USE OF SUCH MATERIALS. FURTHERMORE, YOU HEREBY CERTIFY THAT YOUR USE OF ALL OR ANY PORTION OF SUCH MATERIALS WILL BE STRICTLY NONCOMMERCIAL, AND WILL BE LIMITED TO NONINFRINGING OR FAIR USE UNDER APPLICABLE COPYRIGHT LAW.
(b) User Content.
(i) User Content Submission. As part of the HumaneSpot Site, You may have an opportunity to upload, share, post, publish, transmit or otherwise make available (collectively, “Submit”) comments, content or other materials (collectively, "User Content"). You agree to not Submit any User Content that:
Is unlawful, defamatory, or would result in a breach of a fiduciary or contractual duty;
Is profane, obscene, pornographic or indecent;
Misappropriates, infringes or violates the rights of any person or entity (including without limitation any intellectual property, privacy or publicity rights);
Contains confidential, sensitive or personal information;
Promotes bigotry, racism, hatred or harm against any group or individual, or could be construed as a personal attack;
Is false or misleading;
Contains a solicitation of funds, goods or services, or promotes or advertises goods or services;
Contains a virus, trojan or other malicious code or functionality; or
Is prohibited by this User Agreement.
You must be, or have first obtained permission from, the rightful owner of any User Content You Submit. By Submitting User Content, You represent and warrant that the User Content complies with the requirements of this User Agreement, including without limitation those in this paragraph, and that You have all right and authority necessary to grant the license below.
(ii) User Content License. HRC does not require You to transfer any ownership rights in the User Content that You Submit; after Submitting Your User Content, You continue to retain Your ownership rights. However, by Submitting Your User Content, You grant to HRC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (including through multiple tiers) right to exercise the copyright, trademark, publicity and database rights in Your User Content, in any media now known or in the future. This includes without limitation the right to modify the User Content, to incorporate or implement the User Content into any HRC product or service, and to display, market, sublicense and distribute the User Content as incorporated or embedded in any product or service distributed or offered by HRC, without compensation to You.
(iii) No Expectation of Confidentiality. All User Content will be treated on a non-confidential basis. HRC does not want to receive confidential information from You, and You agree not to provide any confidential information to HRC.
(c) Content Monitoring and Removal. HRC has no obligation to monitor the HumaneSpot Site or screen content that is submitted or shared on or through the HumaneSpot Site. However, HRC reserves the right to pre-screen, review or filter the HumaneSpot Site and its content and to monitor use of and activity on the HumaneSpot Site, and to remove or choose not to make available on or through the HumaneSpot Site any content at its sole discretion. Furthermore, You acknowledge that because HRC does not monitor or screen the content on the HumaneSpot Site, You may encounter content that is inappropriate or objectionable. You agree that HRC does not endorse any user-provided content, and that such content does not necessarily reflect the opinion or policies of HRC. IN NO EVENT DOES HRC ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY USER-PROVIDED CONTENT, AND YOU AGREE TO WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST HRC WITH RESPECT TO SUCH CONTENT.
8. Changes to This User Agreement. HRC may modify this User Agreement at any time, and such modification will automatically be effective upon the posting of the new User Agreement at http://www.humanespot.org/legal ; provided, however, that HRC will use reasonable efforts to notify You of any material modifications. Any access or use of the HumaneSpot Site after such posting will indicate Your assent to the new User Agreement. Otherwise, no modification of the User Agreement will be valid unless both You and HRC agree to such modification in a signed, written document.
9. Disclaimer of Warranty. THE HUMANESPOT SITE IS PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. HRC 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. HRC MAKES NO WARRANTY THAT THE HUMANESPOT SITE WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE HUMANESPOT SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT YOUR RESULTS WILL BE ACCURATE OR RELIABLE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT, BUT ONLY TO THE EXTENT, THE DISCLAIMER OR EXCLUSION ABOVE IS HELD LEGALLY INVALID, THEN THE DISCLAIMER OR EXCLUSION ABOVE WILL NOT APPLY IN THE APPLICABLE JURISDICTION.
10. Indemnification. To the maximum extent permitted by applicable law, You agree to indemnify and hold harmless HRC and its affiliates, agents, officers, directors, and employees from and against any and all liabilities, losses, claims, damages, costs, and/or actions (including attorneys’ fees) arising from Your use of the HumaneSpot Site.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT HRC IS NOT LIABLE FOR, AND HRC 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 THE HUMANESPOT SITE, EVEN IF HRC 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, THE HUMANESPOT SITE, (B) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE HUMANESPOT SITE, 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 HUMANESPOT SITE 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, HRC IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE TO YOU, THEN HRC’S TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THE HUMANESPOT SITE (THE “LIABILITY CAP”) SHALL NOT EXCEED THE GREATER OF (A) $100, OR (B) THE MINIMUM LIABILITY CAP THAT IS LEGALLY VALID UNDER APPLICABLE LAW.
12. Governing Law. You and HRC agree that any claim or controversy at law or equity that arises out of this User Agreement or Your access or use of the HumaneSpot Site 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 HRC agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
13. Miscellaneous. HRC’s failure to act with respect to a breach by You or others does not waive HRC’s right to act with respect to subsequent or similar breaches. HRC does not guarantee that it will take action against all breaches. You may not assign or transfer any of Your rights or obligations under this User Agreement to another person or entity without the prior, written permission of HRC (and any attempted assignment or transfer in violation of such requirement will be null and void). HRC may assign this User Agreement to another person or entity without Your consent. If any provision of this User Agreement is held by a court of competent jurisdiction to be legally invalid, the remaining provisions of this User Agreement 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 the HumaneSpot Site 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 9 (Disclaimer of Warranty), 11 (Limitation of Liability) and 12 (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. This User Agreement, together with the other terms it references (including the HRC Terms of Use and Privacy Policy , is the final, complete, and exclusive agreement between You and HRC relating to the subject matter hereof.
Last Updated: July 9, 2009
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