Last Revised: October 6, 2015
Acknowledgement and Acceptance of Terms
You must be at least 13 years old to use the Services. By using the Services, you certify that you are 13 years of age or older. You may not use the Services in any jurisdiction that does not give full effect to these Terms.
Certain areas of the Services may require you to register and create a user account. By registering for the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by any applicable registration forms. If any information provided by you is untrue, inaccurate, not current or incomplete, Panthera may reject your registration and terminate your right to use the Services. You are responsible for all activities that occur under your registered account.
You agree that any violation of the Terms may result in termination of your registered account and/or your right to use the Services, without prejudice to other rights or remedies that Panthera may have under these Terms or applicable law.
Use of the Service and Content
The Services include data, text, software, audio, images, photographs, graphics, video, messages, files or other materials (collectively, the “Content”). All Content on the Services is protected by copyrights, trademarks and/or other intellectual property rights owned by Panthera or its affiliates, or are used with permission of their owners or as otherwise authorized by law. Subject to your strict compliance with the Terms, Panthera grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access, display, view and use the Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device, for your personal noncommercial use only, solely in connection with your accessing the Services, subject to the restrictions set forth in the Terms. The foregoing limited license (a) does not give you any ownership of, or any other intellectual property interest in, any Content; and (b) may be immediately suspended or terminated for any reason, in Panthera’s sole discretion.
No part of the Content or any output from the Services may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except as otherwise permitted in these Terms. Without limiting the generality of the foregoing, you may not distribute any part of the Services over any network, including, without limitation, a local area network, nor sell or offer it for sale.
The Services may only be used by individuals and may not be accessed, monitored or otherwise connected to automated means. You will not use the Services to provide services or information to any third party.
You will not: (i) distribute, sublicense, lease, rent, loan, or otherwise transfer or provide access to the Services or any software or technology used to provide the Services; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for any such software; (iii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content; or (iv) remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of Panthera or its licensors or their respective service providers on or within any web pages or other materials provided as part of the Services.
Panthera does not warrant the accuracy, completeness, timeliness or reliability of the Content available on the Services. Panthera may provide links to third party websites on the Services. Links to other websites are provided as a convenience only. Panthera does not endorse, is not responsible for and does not control these third party sites, their services or their software. These Terms do not apply to your use of third party websites and your use of such websites is governed by the terms and conditions thereof.
User Postings or Comments
Panthera is pleased to receive postings or comments from its users. Third party submissions or postings on the Services are the views of the author or poster. They do not reflect the views of Panthera. Panthera reserves the right to monitor and edit any postings or material submitted to it by you, for any reason. Panthera also reserves the right to remove or permanently delete any posting without your consent if the posting violates the Terms or any law, advocates illegal or violent acts, is obscene or explicit or if the posting degrades others on the basis of age, race, gender, class ethnicity, national origin, religion, sexual preference or disability. Panthera has the sole discretion to publish, edit or delete any material submitted to Panthera or on the Services.
By submitting any postings, comments or other messages to Panthera, you give Panthera an irrevocable, non-exclusive, transferable, fully paid up, royalty-free, sublicensable and perpetual license to the material and authorize Panthera to publish the material in any media now known or hereafter developed, and to use, modify, create derivative works from, adapt, recast, distribute, display, perform, or transmit it in any way, as Panthera may determine in its sole discretion. You represent and warrant that you have sufficient rights to grant the foregoing license. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any posting or other submission, even if they are altered or changed in a manner not agreeable to you. By submitting your name, address, photo or other identifying data with a posting or other submission, you give Panthera the right to publish that data, and to use that data for promotional or any other purpose. You further acknowledge and agree that no compensation will be paid with respect to the use of your postings or submissions.
You represent and warrant that your postings and submissions do not (a) contain any confidential, proprietary or copyrighted material unless you have received express authorization of the owner, (b) infringe and, as to Panthera’s permitted uses set forth in the Terms, will not infringe any intellectual property, privacy right or other right of any third party, (c) violate the Terms or any applicable laws and regulations, (d) contain any material that is obscene or defamatory and (e) contain any software or other material that contains a virus or other harmful code or device.
Panthera does not represent, warrant, guaranty or endorse the accuracy, compliance with third party intellectual property rights or reliability for messages submitted to the Services. Panthera does not undertake to review those messages and has no responsibility for their content. Panthera reserves the right to review or edit such messages, and to restrict or deny access to any part of the Services containing user postings or submissions. Panthera does not collect or seek any data or submissions from people under the age of 13.
Your support of Panthera delivers solutions that are grounded in rigorous science, proven to succeed, and can be applied at the necessary scale that will allow cats to thrive in a human-dominated world.Note that, certain of our third party providers may deduct a small amount of your donation as a service charge for the service that they provide, which will reduce the amount of any contribution that we receive. When donating in the United Kingdom, your donation will be collected on behalf of Panthera by Panthera Wildlife Trust Limited.
DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
THE CONTENT AND OTHER MATERIALS ON THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PANTHERA SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM THE USE OR MISUSE OF THE SERVICES, OR THE CONTENT, INFORMATION, DOCUMENTS, OR SOFTWARE HEREIN, EVEN IF PANTHERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. PANTHERA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS, NOR DOES PANTHERA WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
Your use of the Services, and any reliance on any Content or material published or transmitted by the Services, is at your own risk. You agree that you hereby release Panthera and its affiliates, advertisers, supporters, and authors from any and all liability or obligations arising from the access or use of the Services, or any public forum or other area of the Services. Your sole remedy for any problem or concern is to terminate all use of the Services. You agree that you will indemnify and hold Panthera harmless for any and all claims, damages, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, arising in any way from (a) your use of the Services, (b) your submission of any Content or other materials to Panthera or to the Services, (c) your violation or infringement of any third party right, including without limitation any copyright, property or privacy right, arising from or relating to the use of your Content as contemplated in these Terms, or (d) your violation of these Terms.
Panthera reserves the right to restrict, limit or terminate your access to the Services in its sole discretion.
Digital Millennium Copyright Act – Copyright Infringement Notification
If you believe that any material on the Services infringes your copyright, please notify us as follows, under the Digital Millennium Copyright Act (“DMCA”). To notify us, the DMCA requires that you:
- Send an email notice to Panthera’s copyright agent: firstname.lastname@example.org
- Include the following information in your email:
Identify of the copyrighted work(s) you claim is infringed;
Identify the material you claim is infringing the copyright(s), and give enough information for Panthera to locate that material;
Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant");
Include the Claimant's name, address, and telephone number(s);
Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent; and
Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is the copyright owner or is authorized to act on behalf of the copyright owner.
If you believe that your material that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use your material, you may send a counter-notice containing the following information to Panthera’s copyright agent:
- Your physical or electronic signature;
- Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- Include a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Include your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Panthera may send a copy of any counter-notice received to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user who posted such material, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Panthera’s sole discretion.
Term and Termination
These Terms are effective unless and until terminated by Panthera. Panthera may terminate your right to access and use the Services immediately without notice, at any time and accordingly deny you access to the Services for any reason (including if, in the sole discretion of Panthera, you fail to comply with these Terms or any other term found elsewhere on the Services). Panthera shall not be liable to you or to any third party for termination of your right to use the Services. Panthera reserves the right to disclose, in Panthera’s sole discretion, any evidence of your use or possible use of the Services for illegal or unauthorized purposes to law enforcement authorities.
Modifications to the Service
Panthera reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part of the Services, with or without notice and without cost. Furthermore, the Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that Panthera will not be liable to you or to any third party for any modification, suspension, malfunction or discontinuance of the Services.
The trademarks, service marks, trade dress, slogans, and other brand features and logos (the “Trademarks”) used and displayed on the Services are owned by Panthera or third party licensors and are, to the extent permitted, protected by intellectual property rights under both United States and foreign laws. The Trademarks may not be used without the express written consent of Panthera. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license to use any of the Trademarks displayed or otherwise used on the Services, except as expressly permitted by these Terms.
Revisions to the Terms
Panthera may, at its sole discretion and without notice, revise these Terms at any time by updating this posting. By accessing and/or using the Services and any information and materials made available on or through the Services, you agree that such activity will be subject to the then-current Terms. Therefore, you should periodically visit this page to review the then-current Terms to which you are bound.
This is the entire agreement between you and Panthera relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Panthera, as described above.
Choice of Law and Forum
These Terms shall be governed by and construed in accordance with the internal laws of New York, applicable to contracts entered into and performed in New York by residents thereof, without regard to its conflict of laws provisions. You hereby consent to personal jurisdiction in the courts located in New York, New York, which courts shall have exclusive jurisdiction over disputes arising out of these Terms, except that such jurisdiction shall be nonexclusive with respect to indemnification or similar claims brought by Panthera or its successors and affiliates arising from or in connection with third-party claims. You agree that that any disputes brought by you are to be tried without a jury. YOU AGREE THAT ANY DISPUTE AGAINST PANTHERA ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICES MUST BE FILED WITHIN ONE YEAR AFTER IT AROSE. ANY CLAIMS NOT FILED WITHIN ONE YEAR ARE WAIVED, AND WILL BE PERMANENTLY BARRED.
If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
For Additional Information
If you have any questions about the Terms, please contact Panthera in writing at the following address:
8 West 40th Street, 18th Floor
New York, NY 10018, USA
+1 (646) 786-0405