Terms and Conditions

Terms and Conditions of Use

Terms and Conditions last revised November 1, 2014.

Please read these terms and conditions carefully before using this website (“this site,” “our site”).

By using this site, you are agreeing to and accepting the agreement reflected in these Terms and Conditions of Use (“Terms and Conditions”). If you do not agree to these Terms & Conditions, you are not authorized to use the site and should refrain from doing so. The Leatherback Trust (sometimes referred to herein as “TLT”) reserves the right to modify or amend these Terms and Conditions from time to time in its sole discretion without notice. If we make any such changes, we will notify you by posting the revised Terms and Conditions on this website reflecting the date these Terms and Conditions were last revised. We encourage you to periodically review this website to inform yourself of any changes. If you continue to use our site after we post changes to these Terms and Conditions, it will mean that you agree to and accept those changes. THESE TERMS AND CONDITIONS ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND THE LEATHERBACK TRUST.

If you are under 18 years of age, do not use this site unless you are an emancipated minor or have legal parental or guardian consent to accept these Terms and Conditions and are fully able to abide by them. The Leatherback Trust does not knowingly collect information from children under the age of 13. If you are under 13, please don’t submit any personally identifiable information to The Leatherback Trust on this site.

Your use of this site is at your risk. If you are dissatisfied with any of the materials or content on this site, with our services on this site or with these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using this site.

Contents:

• Site Content and Use of Materials on this Site
• Your User Submissions to the Site
• Community Guidelines
• Notice of Claims for Copyright Infringement
• Security
• Outside Links
• Warranty Disclaimer and Limitation of Liability

Outdoor Activity Disclaimer

• Indemnity
• General Provisions

Site Content and Use of Materials on this Site

This site and all content and materials that are part of this site, including all images, graphics, illustrations, designs, data, text, software, music, photographs, audio and video, multimedia combinations and computer programs (collectively, “Materials”) are owned by or under license to The Leatherback Trust. The exclusive rights to all Materials on this site are protected by U.S. and International law of copyright and trademark and laws against infringement and unfair competition. You acknowledge and agree that, through your use of this site, you are not acquiring any right, title or interest in the Materials. Except as expressly provided herein or on this site, none of the Materials may be used, published, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted or copied by you in any form, by any means, without the prior express written consent of The Leatherback Trust or its licensors, and you may not create any derivative or new works based on the Materials. To request permission, which may be refused in The Leatherback Trust’s sole and exclusive discretion, please contact us at the following email address: trust@leatherback.org. Please understand and accept that all of the Materials are intended solely for personal non-commercial use by the visitors to our site and you are prohibited from using any of the Materials for any commercial and/or non-personal use. Any commercial use or other unauthorized use of this site or the Materials is prohibited by domestic and international copyright laws as well as by the laws, regulations and statutes of the United States and may subject you to liability.

The Leatherback Trust encourages public discourse, education and activism regarding wildlife and the conservation of the natural environment. Accordingly, certain Materials, as noted on the website as being unrestricted, may be downloaded for educational and non-commercial uses. Those unrestricted Materials are specifically identified on this site. With respect to those unrestricted Materials, you may copy, reproduce, distribute and use the unrestricted Materials from this site provided that: (1) the particular article or section or other Materials are copied, reproduced and distributed in their entirety in their original form; you may not edit, modify or otherwise change the substance of the Materials or change or delete any watermarks or copyright, trademark and other proprietary notices contained on or embedded in the Materials; (2) all copies include a statement that the Materials were reproduced from The Leatherback Trust’s website with permission of The Leatherback Trust; (3) all copies include the following notice “© 2014 The Leatherback Trust. All Rights Reserved.”; (4) the copies are distributed only for the non-commercial educational purposes of promoting conservation of the natural environment; and (5) the copies are distributed at no charge. Provided you comply with all of these conditions, and except as otherwise may be provided on our site, The Leatherback Trust grants you a limited, non-exclusive, nontransferable and non-sub-licensable license to use those unrestricted Materials that are expressly identified on our site.

The Leatherback Trust and its logos, and all other names of The Leatherback Trust programs referenced herein or on our site are registered or common law trademarks of The Leatherback Trust. In no event may The Leatherback Trust’s trademarks be reproduced separately from the textual content associated with them on the site or used for any commercial purpose. Unauthorized use of any trademark, service mark or logo may be a violation of U.S. and international law and may subject you to liability.

If you download software from this site in order to use the Materials as authorized above, the software, including any files, images, graphics, text, code, audio or video clips incorporated in or generated by the software, and data accompanying the software (collectively, “the software”) is licensed to you by The Leatherback Trust. The Leatherback Trust does not transfer the title or other ownership rights to you. You own the medium on which the software is recorded, but The Leatherback Trust retains full right, title and interest to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, attempt to discover any source code, or otherwise reduce the software to a human-perceivable form or use the software for any commercial purpose, nor may you transfer, assign or sub-license the software under any circumstances.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THIS SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE LEATHERBACK TRUST RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. ANY ATTEMPT TO CIRCUMVENT THE ANTI-COPYING AND ANTI-DOWNLOADING PROTECTIONS OR TO COPY OR DOWNLOAD MATERIAL FROM THIS SITE, UNLESS EXPRESSLY AUTHORIZED, IS UNLAWFUL.

Your User Submissions to This Site

The Leatherback Trust welcomes your comments, feedback and submissions (“User Submissions”) regarding our site, the Materials and our services. Please be aware that we do not accept confidential or proprietary information and, as such, all User Submissions submitted, uploaded or offered to this site or otherwise by you will be considered not confidential and not proprietary to you and will become subject to the license set forth below. Except as may be provided in any contests, promotions or action network activities, by submitting User Submissions, you will retain all rights to User Submissions, including, for example, any graphics, designs, data, text, photos and videos you submit, including ownership in the copyrights thereto. By submitting the User Submissions to TLT, you are granting TLT the royalty-free non-exclusive and irrevocable worldwide license in perpetuity to use and sublicense the use of the User Submissions in any manner that TLT decides without any compensation due to you. Through this license, TLT will have the right, among other things, to copy, publish, reproduce, distribute, perform, display and create derivative works from the User Submissions in any media now or hereafter known, including without limitation the right to use the User Submissions as follows:

• In a permanent and/or temporary exhibition for educational purposes;
• In publications, in a written and/or electronic format;
• On TLT’s website, related web pages and social media; and
• In or on merchandise created, published, manufactured, distributed, advertised and/or sold by TLT.

You acknowledge and agree that The Leatherback Trust can use, copy, distribute, publish, reproduce, display, perform and create derivative works from the User Submissions in any medium now existing or subsequently developed, and can sub-license your User Submissions, all without payment or compensation to you.

You acknowledge and agree that The Leatherback Trust’s sole obligation concerning any of your personal information contained in any User Submissions shall be governed by the terms of the Privacy Policy incorporated on our site. You should be aware that your User Submissions are public, not private communications. Therefore, if you voluntarily disclose personal information through your User Submissions, you should be aware that your personal information can be collected and used by others and may result in unsolicited messages from other people or other consequences for which The Leatherback Trust is not responsible or liable.

By submitting a User Submission to this site, you represent and warrant that the User Submission is your original work, that the User Submission does not violate any agreement between you and a third party, and that the User Submission does not and will not infringe upon or violate any law, agreement or other rights of any kind, of any third party, including without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity and is not libelous, abusive, obscene, offensive or unlawful, and that you acknowledge and agree that you remain solely responsible for the content of any User Submissions you make. You agree that you will, at your own expense, defend, indemnify, and hold harmless The Leatherback Trust and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys’ fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein or based on your User Submissions.

The Leatherback Trust may refuse or remove any User Submission that, in its sole judgment, violates these Terms and Conditions or is otherwise objectionable. The Leatherback Trust has the right, but not the obligation, to monitor this site for inappropriate content. You are solely responsible for any User Submission you post on this site.

The Leatherback Trust does not endorse or guarantee the accuracy of any User Submission or any opinion, recommendation, or advice expressed therein, and The Leatherback Trust expressly disclaims any and all liability in connection with User Submissions.

You agree that your User Submissions will comply with our Community Guidelines that are set forth below.

Community Guidelines

We encourage an open exchange of information and therefore we invite and respect your opinions even if we don’t necessarily agree with them. We ask that you respect our opinions as well as those of other visitors to this site. You should always communicate with common courtesy and decency. We also welcome your ideas, thoughts, and suggestions, but don’t be vulgar, hateful, abusive, offensive, dishonest or obscene. The list of DON’TS below are intended to keep this site a safe, informative, and constructive community for all those who visit it and are not intended to be all-inclusive. Please understand and comply with them in this spirit and treat others pleasantly as you want to be treated.

You agree not to submit, upload or post any User Submission to this site which:

(1) libels, defames, invades privacy, or is obscene, pornographic, abusive, hateful, harmful to minors, or threatening;

(2) infringes any intellectual property rights or other rights of any person or entity, including but not limited to, violating anyone’s copyrights, patents, trade secrets, trademarks, trade names, rights of privacy, rights of publicity or other proprietary right of a third party, or would otherwise give rise to civil liability;

(3) falsifies or deletes author attributions, legal notices or other proprietary designations;

(4) violates any law or regulation;

(5) constitutes or encourages conduct that is unlawful or that could constitute a criminal offense, under any applicable law or regulation;

(6) contains viruses, corrupted files, or other materials that may cause damage to another’s computer, interferes with or disrupts this site or others’ access to this site, or uses automated means, including spiders, robots, offline readers, crawlers, data mining tools or the like to download or store data from this site;

(7) advertises or otherwise solicits funds or sales of goods or services, or which disseminates any junk mail, spam, chain letters, schemes or other form of such solicitation;

(8) is false, deceptive, or misleading;

(9) impersonates any person or entity including, but not limited to, an employee, representative or agent of The Leatherback Trust, or falsely states or otherwise misrepresents your affiliation with a person or entity;

(10) violates an applicable U.S. or foreign law, treaty, regulation or convention related to privacy, publicity, data protection, electronic communications or anti-spamming; or

(11) depicts or displays images, photos, videos or pictures of other persons without obtaining from said persons appropriate releases and their express consents.

Notice of Claims for Copyright Infringement

The Leatherback Trust complies with the Digital Millennium Copyright Act (“DMCA”). It is The Leatherback Trust’s position to remove material from this site that it believes in good faith to be the intellectual property of a third party that has been illegally copied, distributed and/or published by any of our vendors, distributors, affiliates, content providers and users. If you believe that material or content that is on this site infringes an intellectual property right that you own or control, please send us an appropriate notice identifying information reasonably sufficient to permit us to contact you and the identification of the work or material (including a copy of any copyright certificate) you believe is being infringed.

To file a notice claiming that your copyrighted work has been infringed by us, you must send us a written communication by email. Please note that you will be liable for our damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing your copyrights.

Please provide us with the following information:

1. A description of the copyrighted work that you claim has been infringed including a copy of the copyright registration certificate, if applicable;
2. A description of where the material that you claim is infringing is located on our site, with enough detail so that we may find it on the website;
3. Your name, address, telephone number, and email address;
4. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. The electronic signature of the person authorized to act on behalf of the copyright owner of the work that is allegedly infringed.

Send the written communication to the following address: trust@leatherback.org. We reserve the right to ignore any notice that is not in compliance with the DMCA and we may, but are not required to, respond to a notice that is not in compliance with the DMCA.

Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of this site cannot be guaranteed by The Leatherback Trust. The Leatherback Trust shall not be responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to the site.

Outside Links

Please understand that, at times and for your convenience, this site may provide a link to another website that is independent of The Leatherback Trust. The Leatherback Trust has not reviewed all of the sites linked to this site, does not control the sites linked to this site, and is not responsible for the privacy practices or the content of or representations made in any off-site pages or any other sites that may be linked to this site, whether or not they are affiliated with The Leatherback Trust, nor can any of our employees, agents, contractors or representatives be held accountable or responsible for any damages that may result to you from your visits to, or in connection with, those websites. Such linked sites are for your convenience only and you access them at your own risk. The Leatherback Trust makes no representations or warranties as to the accuracy or functioning of any such link. That the other website is linked to our site does not constitute an endorsement by The Leatherback Trust of the owner of the other site, the content of its site, or its products or services. You are responsible to protect yourself while linking to other websites and you agree that The Leatherback Trust shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with your use of or reliance on any linked website or the content of that linked website.

Warranty Disclaimer and Limitation of Liability

ALL CONTENT ON THIS SITE IS PROVIDED SOLELY FOR EDUCATIONAL AND PROMOTIONAL PURPOSES. YOUR USE AND BROWSING OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LEATHERBACK TRUST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE LEATHERBACK TRUST DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS OR COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. THE LEATHERBACK TRUST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.

IN NO EVENT AND UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE LEATHERBACK TRUST, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THIS SITE OR ANY CONTENT PROVIDED ON THIS SITE OR YOUR INABILITY TO USE OR ACCESS THIS SITE OR FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE LEATHERBACK TRUST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, THE LEATHERBACK TRUST IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY MATERIALS CONTAINED ON THIS SITE, THE LEATHERBACK TRUST’S LIABILITY TO YOU SHALL NOT EXCEED $100.00.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE LEATHERBACK TRUST SHALL NOT BE LIABLE TO YOU FOR USER SUBMISSIONS SUBMITTED BY YOU AND USED BY THE LEATHERBACK TRUST OR SUBMITTED BY ANY THIRD PARTY INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT YOU HAVE ANY DISPUTE WITH ONE OR MORE OTHER USERS OF THIS SITE, YOU WILL NOT COMMENCE ANY LITIGATION OR OTHER LEGAL PROCEEDING AGAINST THE LEATHERBACK TRUST AND YOU HEREBY RELEASE THE LEATHERBACK TRUST, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

THE FOREGOING WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL SURVIVE THESE TERMS AND CONDITIONS AND YOUR USE OF THIS SITE.

IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY MATERIALS OR CONTENT CONTAINED HEREIN OR WITH THE TERMS AND CONDITIONS OF YOUR USE OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Outdoor Activity Disclaimer

Without limiting the Warranty Disclaimer and Limitation of Liability above, before undertaking any outdoor activity that may be described on this site, it is your personal and sole responsibility to ensure that the activity is appropriate for you, that you have researched the activity that is described on this site, and that you have proper training, equipment, and physical conditioning to safely participate in the planned activity. The Leatherback Trust is not responsible for any harm to persons or property that results from your use of this site, including without limitation, use of any content on this site.

Indemnity

You agree to defend, indemnify and hold harmless The Leatherback Trust, its officers, directors, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, damages, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to this site including, without limitation, your unauthorized use of any Materials contained on this site; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of this site.

General Provisions

This site is operated under the supervision of The Leatherback Trust from its offices within the State of California. The Leatherback Trust does not warrant or represent that Materials on our site are appropriate or available for use in other locations. If you choose to access our site from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from our site in violation of United States export controls.

You agree that this site shall be deemed solely based in California, and that this site shall be deemed a passive website that does not give rise to personal jurisdiction over The Leatherback Trust, either specific or general, in jurisdictions other than California. These Terms and Conditions shall be governed by and construed according to the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California, without regard to any choice of law principles. Any claim or cause of action arising out of or relating to this site or to these Terms and Conditions shall be barred permanently unless such claim or cause of action is brought within one year after it arises. You agree that any such claim or cause of action shall be brought only in the state or federal courts in California, and you consent to jurisdiction and venue of such courts for the purpose of litigating such actions.

Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed unenforceable, prohibited or invalid under applicable law by a court of competent jurisdiction, such provision shall be ineffective to the extent of such unenforceability, prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms, and such provision shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties with respect to the provision.

You agree that these Terms and Conditions constitute the entire agreement and understanding between us relating to your use of this site and supersede any prior agreements. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by The Leatherback Trust.

The failure by The Leatherback Trust to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned by you, but may be assigned by The Leatherback Trust without restriction.

The Leatherback Trust has the right, in its sole judgment, to terminate the agreement embodied by and reflected in these Terms and Conditions and block access to this site by you and by a particular Internet address or to suspend or terminate a user’s account for violations of these Terms and Conditions. In addition, The Leatherback Trust reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions. In the event that The Leatherback Trust commences a lawsuit or other legal proceeding against you for violations of these Terms and Conditions, The Leatherback Trust will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of the litigation or legal proceeding in addition to other relief that may be granted to The Leatherback Trust.