TERMS AND CONDITIONS FOR THE USE OF INFORMATION
Please read carefully these terms and conditions before using any material from the website en.aguasamazonicas.org.
Wildlife Conservation Society (WCS) owns and operates the website en.aguasamazonicas.org (hereinafter referred to as “the Site”). By using this Site, you, the user, agree to the TERMS AND CONDITIONS FOR THE USE OF INFORMATION (hereinafter referred to as “the Terms”), which may be modified by WCS at any time.
The purpose of this Site is to promote the study of the Amazonian ecosystem and its preservation. It also aims to share scientific, educational, and conservation-related information about this ecosystem. The Site is intended for the general public, including governments, international organizations, the private sector, and individuals. The Site exists to facilitate and promote the open exchange of information about the conservation of the Amazonian ecosystem as a global asset. To promote this objective, the limited use of certain materials from the website is allowed in accordance with the provisions of these Terms.
The Site is a compilation of publications, maps, and photographs. Between the user and WCS, the latter owns all publications, maps, and photographs, and/or holds all necessary rights to use them on this Site and to grant the rights outlined herein. All publications and some maps, specifically identified, excluding pictures, shall hereinafter be referred to as the “Information.”
To avoid any doubt, and without limitation, the Information does not include:
- any photograph or other image appearing on the Site;
- any brand, trade name, logo, design, or any trademark owned by WCS or any third party, or any rights related to them, or;
- any patent rights.
3. LIMITED PERMISSION FOR THE USE OF INFORMATION
- Granting of Permission: Herewith, WCS grants you a free, non-sublicensable, non-exclusive, and royalty-free license to use, reproduce, and share any Information, in whole or in part, in all media, for non-commercial purposes, exclusively for conservation, education, and/or charitable purposes, subject to the rights granted and other requirements described below.
- Required Attributes. When using this Information, you must:
- identify WCS as the provider of the Information;
- reproduce any copyright notice and/or acknowledgment statement that accompanies the original Information on the Site;
- include the metadata that accompanies or is embedded in the original Information;
- provide a URL link to the original Information on the Site; and
- include a statement, with a URL link to these Terms, specifying that the Information has been used, reproduced, and shared in accordance with the Terms, and that WCS waives any warranty, as per the Terms.
However, you must remove or modify any or all of the above information if requested by WCS.
- Under these Terms, you are not allowed to assign, sell, reproduce, duplicate, sublicense, or otherwise transfer any rights for the use of the Information to third parties.
- Under these Terms, you are not allowed to modify or alter any of the Information or create or share any material based on, adapted from, or derived from the Information.
- Under these Terms, you are not allowed to use, reproduce, share, or otherwise exploit any photograph appearing on the Site.
- In using the Information, you may not state, suggest, or imply any approval by WCS.
- These Terms do not constitute a transfer of ownership of the Information. No rights to the Information are acquired except the right to use it in accordance with these Terms. This is a limited permission grant, and rights not mentioned herein shall not be impliedly granted.
This permission grant shall start from the moment of use of the relevant Information and shall last for the term specified under the applicable copyright laws in the territory.
This permission grant shall terminate immediately and automatically if any provision or condition of these Terms is breached. Nothing herein shall be construed as prohibiting WCS from seeking any legal or equitable recourse for any violation or threat of violation.
5. DISCLAIMER CLAUSE
WCS provides the Information and this Site “as is” and “as available.” WCS is expressly exempt from any warranty, whether express, implied, statutory, or otherwise, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, non-infringement, and freedom from defects or errors subject to applicable law. WCS does not guarantee the accuracy, completeness, reliability, or timeliness of any Information. The Information and the Site are used at your own risk.
To the maximum extent permitted by law, WCS shall have no liability regarding the Information or the Site arising under any legal theory, including, but not limited to, negligence and trademark, copyright, privacy, publicity, and other proprietary rights. In no event shall WCS, its administrators, employees, independent contractors, or representatives be liable for any special, punitive, incidental, indirect, or consequential damages, or any damages or losses of any kind, whether or not foreseeable, or whether WCS has been advised of the possibility of such damages or losses.
You agree to indemnify, defend, and hold WCS, its administrators, employees, independent contractors, and representatives (hereinafter referred to as “Indemnified Parties”) harmless from and against any and all liabilities for damages and losses resulting from illness, injury, or death, claims, demands, suits, causes of action, and expenses (including reasonable attorney’s fees, court costs, and incidental expenses) that any Indemnified Party may have to cover as a result of: (a) any breach you are responsible for against any of the provisions of these Terms; and (b) any violation you are responsible for against third-party copyrights, trademarks, or any other proprietary rights, violation of privacy or publicity rights, defamation, or violation of any other law in connection with the use of the Information.
7. CHOICE OF LAW
WCS controls, operates, and administers the Site from its offices in the United States of America. These Terms and the use of any Information shall be governed by the laws of the state of New York, notwithstanding the choice of law provisions of New York. Notwithstanding the foregoing, WCS reserves the right to seek equitable relief or injunctive relief in any jurisdiction in the world. WCS does not guarantee that the Information or the Site are permissible, appropriate, or available for use in any location.
8. MISCELLANEOUS PROVISIONS
If any provision of these Terms is deemed unenforceable, it shall automatically be reformed to the minimum extent necessary to make it enforceable, and the remaining provisions of the Terms shall remain in full force and effect. No provision of the Terms may be forfeited, and no failure to comply may be approved unless agreed to in writing by WCS. No waiver or consent shall be deemed continuous, or approved for similar or other breaches. Nothing contained in these Terms shall constitute or be interpreted as a limitation or waiver of the privileges and immunities applicable to WCS, including those of legal proceedings in any jurisdiction or authority. These Terms constitute the sole and complete understanding and agreement regarding the subject matter between you and WCS. No modification or addition to these Terms is possible except by written agreement signed by you and WCS.