Terms and Conditions of Use

The Whale Sanctuary Project website is an on-line community of people who support the creation of a seaside sanctuary for cetaceans (whales, dolphins and porpoises). We ask that you follow a few guidelines when posting to this site and/or our social media platforms.

• Please do not use profanity in your messages.
• Please do not post personal attacks, or excessive and explicit criticism of fellow bloggers or other humane or rescue organizations or individuals.
• You must be over 13 to post comments and/or content.
• Please avoid excessive negativity, and incitement and/or approval of violent or illegal activities.
• Please do not post unlawful or objectionable content, including unlawful, harassing, defamatory, abusive, threatening, harmful, graphic, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material.
• We do not allow advertising.
• Please avoid spamming or off-topic material.
• If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against your accounts.

We will remove content and messages which do not follow the above guidelines. The Whale Sanctuary Project reserves the right to delete any contribution, or take action against any account at any time and for any reason. We reserve the right to modify or expand the above guidelines as necessary.

We welcome your access and use of this web site, its forums and blogs, and our social media platforms. As consideration for access to and use of this web site and our social media platforms, you agree to abide by these Terms and Conditions of Use, including the Privacy Policy. If you do not agree to these terms and conditions, please do not access or otherwise use this website, forums or blogs or any of their contents or services. These Terms and Conditions of Use may be revised periodically, and we advise you to check here from time to time for any changes. Your continued use of the web site, social media platforms, forums or blogs shall be deemed your consent to such changes.

Intellectual Property and Use of Website Content

The design of this web site and all materials published on it by the Whale Sanctuary Project, including text, names, trademarks, service marks, logos, graphics, photographs, video, or other visuals or content are the property of the Whale Sanctuary Project and are protected by copyright, trademark, and other intellectual property laws. The Whale Sanctuary Project authorizes you to view and download the content portion of this website only for your personal, non-commercial use and only if you keep on any copies all copyright and other proprietary notices contained on the original materials. You agree you will not otherwise reproduce, retransmit or distribute, in any manner or to any extent whatsoever, any part of this web site, its design or content published by the Whale Sanctuary Project, without the prior written permission of the Whale Sanctuary Project. Permission will only be granted if you agree to give credit to the author and to the Whale Sanctuary Project. Note: Resources available on the Whale Sanctuary Project website(s) are available for use and reproduction without prior contact as long as credit is appropriately given as stated above.

If you would like permission to reproduce any other Whale Sanctuary Project materials on this web site, please contact us at info@whalesanctuaryproject.org. Please specify the URL and article or feature you would like permission to reproduce. Reproduced text may not be modified or altered in any way without our express written consent. The content permitted to be copied as specified above does not include the layout or design of this web site. Those elements of this site are protected by trade dress and other laws and may not be imitated or reproduced in whole or in part. Also, no logos, graphics, sounds or images on this web site may be reproduced or distributed without the Whale Sanctuary Project’s express written consent.

Postings or Uploads to Member Profiles, Group Pages, Forums or Blogs

By posting content, including but not limited to text and photographs, to any Group Pages, Member Profiles, forum or blog, you warrant and represent that you either own or otherwise control all the rights to that content, including, without limitation, all the rights necessary for you to post or upload the content, or that your use of the content is a protected fair use under copyright law. You agree you will not knowingly provide content with intent to defraud or submit misleading or false information. You represent and warrant also the content you supply does not violate these Terms and you will indemnify and hold the Whale Sanctuary Project harmless for any and all claims resulting from content you supply.

By uploading or posting to a Group page, Member Profile, forum or blog, you are granting the Whale Sanctuary Project a non-exclusive, royalty-free, assignable, perpetual, irrevocable, and worldwide license to reproduce, use and distribute your content. The Whale Sanctuary Project will make an effort to credit your authorship.

You understand and agree all content posted to Group pages, Member Profile, forums and blogs is the sole responsibility of the individual who originally posted the content. The Whale Sanctuary Project does not necessarily approve of and is not responsible for and disclaims any and all liability that may arise from content posted by you or other individuals or groups on the Group pages, Member Profiles, forums or blogs. If you believe any content posted by others is infringing or otherwise objectionable, please notify us at info@whalesanctuaryproject.org.

You agree that the Whale Sanctuary Project has the right in its sole discretion to edit, alter, or remove any content submitted by you or others to the site.

User Conduct

The Whale Sanctuary Project news and blog posts are intended to encourage interaction and discussion around helping animals through its programs. Please do not post personal attacks or excessive and explicit criticism against any individuals or other animal protection organizations. You may not create and use multiple login ID’s for the purpose of disrupting the community or annoying other users.

In addition, you are prohibited from uploading, posting, emailing or otherwise transmitting any unlawful, threatening, libelous, defamatory, obscene, harassing, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You further agree not to upload, post, email or otherwise transmit any confidential information, trade secrets, “junk mail,” “spam,” “chain letters, “pyramid schemes,” any other form of solicitation, or software viruses.

The Whale Sanctuary Project reserves the right to remove, at its sole discretion, any upload or posting that violates these Terms of Use. We reserve the right to take all available and appropriate legal action to protect this web site and its contents from such misuse and abuse.

The Whale Sanctuary Project does not permit people under 13 years old prior to participate in any interactive aspects of the Whale Sanctuary Project websites without parental supervision. This policy is designed to protect minors from inappropriate contact on our web site and other online forums. It is not designed to protect minors or adults from what may be controversial content. Nor is its purpose to determine if content is age appropriate.

Disclaimers

Your access to and use of this web site, its forums and blogs are at your sole risk. You are entirely liable for your activities related to this site, the forums and blogs. The Whale Sanctuary Project does not warrant:
(a) the accuracy, completeness, timeliness or other characteristics of any content available on or through this news web site, the forums or blogs;
(b) that this news web site, forums or blogs will be available for access all the time or at any time on a continuous, uninterrupted basis;
(c) that any defects in the website or its content can or will be corrected; or
(d) that this web site or its server are free of viruses or other harmful code or materials. this web site, forums and blogs and their contents are provided “as is.”

The Whale Sanctuary Project makes no representation or warranty of any kind, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. You must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of the content. The Whale Sanctuary Project is not responsible for any damage to your computer, hardware, software, property or person, or any other inconvenience or loss, resulting in any way from your use of this news website, forums or blogs.

Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you. This Disclaimer applies to all content and services available through this site.

Disclaimer and Release of Liability

Under no circumstances shall the whale sanctuary project be liable for any damages, including direct, incidental, special, consequential or punitive damages, that result from the use of or the inability to use this web site or the information contained on this web site, even if the whale sanctuary project has been advised of the possibility of such damages.

You agree never to bring a claim against and release The Whale Sanctuary Project and its employees, agents, officers, directors, agents, founders and its successors and assigns from all liability arising from access, uploads, postings, emails, downloads or other use of the web site (including but not limited to group pages, member profiles, forums and blogs) and linked sites. you understand that this agreement discharges the whale sanctuary project and its employees, agents, officers, directors, agents, founders and its successors and assigns from any liability to you with respect to bodily injury, personal injury, injury to reputation, defamation, illness, death, property damage or other loss that may result as a result of access, uploads, postings, emails, downloads or other activities or use related to the web site, its group pages, member profiles, forums and blogs and their content and linked sites.

Indemnification

You agree to defend, indemnify, and hold the Whale Sanctuary Project and its employees, agents, officers, directors, agents, founders, successors and assigns harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys’ fees) in connection with or arising from your access, uploads, postings, emails, downloads or other use or misuse of this web site, the Group Pages, Member profiles, forums and blog, and linked web sites. The Whale Sanctuary Project may participate in the defense of any claim or action and any negotiations for settlement at your expense. The Whale Sanctuary Project reserves the right, upon notice to you, to assume exclusive defense and control of any claim or action against it that is subject to indemnification by you, without relieving you of your indemnification obligations.

Interpretation

If any provision of these Terms and Conditions of Use is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and all other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any condition of the Terms of Use or Privacy Policy term shall be a waiver of that or any other term or condition.

Links to Third Party Sites

This website may contain hyperlinks to websites operated by persons or entities other than The Whale Sanctuary Project. If you decide to access or use any such third-party web sites, you do this entirely at your own risk. The linked sites are not under the control of the Whale Sanctuary Project and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Whale Sanctuary Project of the site.

Choice of Law and Forum

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and the District of Columbia, excluding choice of law provisions. You expressly agree the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this site shall be in the state or federal courts located in the District of Columbia, and you further agree and submit to the exercise of personal jurisdiction of those courts for the purpose of litigating any such claim or action.

The Whale Sanctuary Project controls this web site from its offices in the United States of America. The Whale Sanctuary Project makes no representation that information and materials on this web site (“Materials”) are appropriate or available for use in other locations, and access to them from territories where their content is 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. Any rights not expressly granted herein are reserved by the Whale Sanctuary Project.