privacy policy
Terms and Conditions last revised May 2, 2012.
Please read these terms and conditions carefully before using The Otter Project’s website (“this site,” “our site”).
By using this site, you are accepting these Terms & Conditions of Use (“Terms & Conditions”). If you do not agree to these Terms & Conditions, please do not use our site. The Otter Project reserves the right to modify or amend these Terms & Conditions from time to time without notice. If you continue to use our site after we post changes to these Terms & Conditions, it will mean that you accept those changes.
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 & Conditions and are fully able to abide by them. The Otter Project 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 Otter Project on this site.
Contents:
• Privacy Policy
• Use of Materials on this Site
• Your User Submissions to the Site
• Community Guidelines
• Notice of Claims for Copyright Infringement
• Security
• Account Registration and Security
• Outside Links
• Warranty Disclaimer and Limitation of Liability
• Indemnity
• General Provisions
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Privacy Policy
Normal website usage:
The Otter Project has a firm commitment to your internet privacy. You can visit most portions of our site without telling us who you are and without revealing any personal information.
Collection and use of personally identifiable information:
The Otter Project may collect email addresses and other personally identifiable data about visitors when such data is voluntarily submitted.
We occasionally have third parties perform services on our behalf, such as data processing, marketing, analytics, credit card processing, providing customer service, advocacy and outreach, etc. These third parties have access to your personal information only as needed to perform their services for The Otter Project and are contractually obligated to maintain the confidentiality and security of the personal information.
We may also use or disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or this site; (b) protect and defend our rights or property, this site or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, site users, or the public.
The Otter Project uses industry accepted data collection and encryption methodologies in an attempt to insure the secure collection and transmission of sensitive user information. While we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
The Otter Project does not sell, rent or share your personal information.
Use of Materials on this Site
The Otter Project maintains this site for your personal information, education, and communication. Please feel free to browse our site. Except for User Submissions (see below), all materials on our site, including but not limited to artwork, photographs, graphics, audio clips, video clips, text and trademarks (collectively, “Materials”), are the sole property of The Otter Project or its licensors. The exclusive rights to all Materials on this site are protected by U.S. and international laws of copyright, trademark and unfair competition.
It is in keeping with The Otter Project’s mission to encourage the sharing of information regarding conservation of the natural environment. Accordingly, unless particular Materials are specifically restricted as noted on the web page, it is The Otter Project’s policy to allow limited reproduction and distribution of the Materials posted on our site as follows: You may copy, reproduce and distribute content from this site provided that: (1) the particular article or section is reproduced in its entirety in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark and other proprietary notices; (2) all copies include a statement that the Material was reproduced from The Otter Project website with permission of The Otter Project; (3) all copies include the following notice “© 2012 The Otter Project. All Rights Reserved.”; (4) the copies are distributed only for the non-commercial educational or public policy purposes of promoting conservation of the natural environment; and (5) the copies are distributed at no charge, or at most, at actual cost. Provided you comply with all of these conditions, The Otter Project grants you a non- exclusive, nontransferable license to use the Materials on our site.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the Materials on our site, without prior written authorization from The Otter Project.
The Otter Project, its logo, and all other names of The Otter Project programs referenced herein are registered or common law trademarks of The Otter Project. In no event may The Otter Project trademarks be reproduced separately from the textual content associated with them on the site. Unauthorized use of any The Otter Project logo may be a violation of federal and state law.
User Submissions to this Site
You may submit information, text, photographs, graphics, videos, or other material (collectively, “User Submissions”) to this site.
The Otter Project does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and The Otter Project expressly disclaims any and all liability in connection with User Submissions.
Users should be aware that your User Submissions are public, not private communications. When you voluntarily disclose personal information through your User Submissions, that information can be collected and used by others and may result in unsolicited messages from other people.
You agree that your User Submissions will comply with our Community Guidelines, below.
By submitting User Submissions to this site, you hereby grant The Otter Project an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User Submission (or any portion thereof) in perpetuity, and The Otter Project may sublicense all or part of its rights under this license or assign them to third parties.
By submitting User Submissions to this site, you represent and warrant that the User Submissions is your original work, that the User Submission does not violate any agreement between you and a third party, and that the User Submission shall not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity. You agree that you will, at your own expense, defend, indemnify, and hold harmless The Otter Project 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.
The Otter Project may refuse or remove any User Submission that, in its sole judgment, violates these Terms & Conditions. The Otter Project 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.
Community Guidelines
We welcome your submissions to The Otter Project’s web site. That said we hope that you will be respectful of other opinions no matter how wrong they may be. Be polite on our site!
The agreement below is intended to keep this site a safe, informative, and constructive community for all those who visit it.
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, harmful to minors, or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone’s copyrights, patents, trade secrets, trademarks, trade names 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 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, (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, a The Otter Project employee or leader, or falsely states or otherwise misrepresents your affiliation with a person or entity; or (10) violates an applicable U.S. or foreign law, treaty, regulation or convention related to privacy, publicity, data protection, electronic communications or anti-spamming.
Notice of Claims for Copyright Infringement
To file a notice claiming that your copyrighted work has been infringed, you must send a written communication by email. Please note that you will be liable for 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;
2. A description of where the material that you claim is infringing is located on our website, with enough detail that we may find it on the website;
3. Your 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.”
Send the written communication to general inquiries on our contact page. <links to contact form>
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 Otter Project. The Otter Project 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.
Account Registration and Security
You may need to create an account to access some features or areas of this site. When creating your account, you must provide accurate and complete information. You are solely responsible for any and all uses of your account, and you must keep your password secure. You may never use the account of another user. You must notify The Otter Project immediately if you suspect any unauthorized use of your account. Although The Otter Project will not be liable for any unauthorized use of your account, you may be liable for the losses of The Otter Project or others due to such unauthorized use.
Outside Links
The Otter Project has not reviewed all of the sites linked to this site and is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to this site, whether or not they are affiliated with The Otter Project. Such linked sites are for your convenience only and you access them at your own risk. The Otter Project makes no representations or warranties as to the accuracy or functioning of any such link. That another web site is linked to our site does not constitute endorsement by The Otter Project of the owner of the other site, the content of its site, or its products or services.
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, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE OTTER PROJECT 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 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 OTTER PROJECT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
IN NO EVENT SHALL THE OTTER PROJECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING 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, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 OTTER PROJECT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE OTTER PROJECT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE 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 RELEASE THE OTTER PROJECT, ITS OFFICERS, DIRECTORS, EMPLOYEES 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 DISCLAINER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL SURVIVE THESE TERMS & CONDITIONS AND YOUR USE OF THIS SITE.
Indemnity
You agree to defend, indemnify and hold harmless The Otter Project, its officers, directors, employees 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) arising from: (i) your use of and access to this site; (ii) your violation of any term of these Terms & 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 & Conditions and your use of this site.
General Provisions
The materials on The Otter Project website are presented solely for promotional purposes. If you choose to access our site, 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.
This is the entire agreement between us relating to your use of this site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by The Otter Project.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be assigned by you, but may be assigned by The Otter Project without restriction.
The Otter Project has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user’s account for violations of these Terms & Conditions. In addition, The Otter Project reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions.
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