PLEASE READ THESE TERMS & CONDITIONS (“SITE TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. By using this website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not use this site.
These Site Terms apply exclusively to your access to, and use of, the TFCP website www.thefaroconservancy.org, to all associated subdomains, online services, and mobile applications (collectively, the “Site”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with TFCP. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and TFCP for violations of these Site Terms.
TFCP reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
TFCP controls and operates this Site from France. TFCP makes no representation that materials in this Site are appropriate or available for use in other locations, and access to this Site from territories where its contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Please refer to our Privacy Policy for information on how TFCP collects, uses and discloses personally identifiable information from its users.
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of TFCP or the TFCP network, licensors, or users and are protected by French and international copyright, trademark, and other intellectual property laws. Permission is granted to access and use the Site and to display, copy, print and download the Site Materials for personal, non-commercial use only, in accordance with these Site Terms and the other rules and restrictions contained in the Site, provided you do not modify the Site Materials and that you retain all copyright, trademark, and other proprietary notices contained in the materials. In addition, you agree that such permission does not include:
The permission granted herein is revocable at any time, with or without cause. Except as expressly stated herein, none of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TFCP or the copyright owner. The permission given to you terminates automatically if you breach any of the Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without TFCP’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate applicable law (including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes).
TFCP respects the intellectual property of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, TFCP has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the account of any users who are deemed to be repeat infringers. TFCP may also at its sole discretion limit access to this Site and/or terminate the accounts of any users who infringe the intellectual property rights of others (regardless of whether there is any repeat infringement).
The logo, the FARO CONSERVNACY PROJECT, the TFCP initials, and any other product or service name or slogan contained in the Site are trademarks of TFCP, the TFCP network, its corporate partners, licensors, or other respective owners, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TFCP or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TFCP and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, promises or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
If you would like to link another Web site to this Site, you may only do so if you obtain TFCP’s prior permission.. Such link may not suggest or imply TFCP’s endorsement or approval of any product, position, entity, or individual, or portray TFCP in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Any right to link may be revoked at any time. You may not use the TFCP logo or other proprietary graphic of TFCP to link to the Site without the express written permission of TFCP. Further, you may not frame or provide inline links to the Site without TFCP’s express written consent.
YOUR USE OF THIS SITE, THE SITE MATERIALS AND THE SERVICES PROVIDED ON OR THROUGH THE SITE (THE “SERVICES”) IS AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND. TFCP DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. TFCP IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. REFERENCE TO ANY PRODUCTS, SERVICES, PROGRAMS OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY TFCP. TO THE FULLEST EXTENT ALLOWED BY THE LAW, TFCP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS AND OTHER TERMS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
Any comments or materials sent to TFCP (via any medium including e-mail and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding this Site or any other products or programs of TFCP (collectively “Feedback”), shall be deemed to be non-confidential and shall become the sole property of TFCP. You hereby assign all rights in the Feedback to TFCP, and TFCP shall have no obligation of any kind with respect to such Feedback. Without limiting the foregoing, TFCP shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation, without acknowledgment or compensation to you. Further, you expressly waive any moral rights you may have in such Feedback.
TFCP is grateful for all donations received in support of our conservation work. Due to restrictions imposed by law and the nature of charitable donations, we cannot provide refunds for donations once they have been received. However, if you believe that your donation was made in error please contact us. All mistaken or unauthorized donations are refunded using the original method of payment.
The Site may include discussion forums, user generated content or other interactive areas or services (“Interactive Areas”), including message boards, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
TFCP takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is TFCP liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, TFCP is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although TFCP has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, TFCP reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
You retain all rights in User Content (other than Feedback) you post to the Site. Unless we indicate otherwise, you grant TFCP and the TFCP network a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with the Site and any related Services. You grant TFCP, the TFCP network, and their affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
In consideration of your use of the Site, if you create any account on the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to TFCP, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to TFCP.
IN NO EVENT SHALL TFCP, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE), AND/OR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, BE LIABILE FOR ANY DIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TFCP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TFCP’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TFCP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TFCP FOR ACCESS TO OR USE OF THE SITE.
You agree to defend, indemnify and hold TFCP, and its affiliates, independent contractors, service providers, suppliers, licensors and consultants, and their respective its officers, directors, employees, and agents (the “Indemnified Parties”), harmless from and against any claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your violation of these Terms and Conditions, any User Content you post, store or otherwise transmit on or through the Site, or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to the Content, your conduct, or your violation of the rights of any third party.
Notwithstanding any of these Site Terms, TFCP reserves the right, without notice and in its sole discretion, to discontinue the Site or any Services offered through the Site and to terminate your license to use and block your access to the Site at any time without notice. In addition, TFCP reserves the right to delete, edit or modify any and all User Content contained in the Site and any services offered through the Site at any time without notice.
If any provision of these Site Terms is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Site Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Site Terms and your use of the Site are governed and construed in accordance with the laws of France, applicable to agreements made and to be entirely performed in France, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Site Terms shall be filed only in France and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
