Privacy Policy and Terms and Conditions of Use

Last updated: December 05, 2014

Terms and Conditions of Use

Welcome to the Dian Fossey Gorilla Fund International (“Fossey Fund”) Web site (the “Site”). By accessing the Site, you agree to the following Terms and Conditions of Use / Privacy Policy.

We may modify or revise the Terms and Conditions of Use / Privacy Policy at any time, and your continued use of the Site indicates your acceptance of the changes.  We may attempt to notify you when changes are made to our Terms and Conditions of Use / Privacy Policy by posting notice of the revision on the Site’s homepage or emailing you notice if you have provided an email address. You should periodically review the policies to see whether changes have been made and if you agree to the changes.

Web Site Use

You agree not to use the Site to:

  • Upload, post, email, transmit, or otherwise make available any material or content:
    • that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
    • that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary information, and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements); or
    • that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
    • that may be deemed to be lobbying or electioneering communications within the meaning of applicable federal law;
  • Harm minors in any way;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; • Post any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
  • Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the Site or servers or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
  • Launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
    • Notwithstanding the foregoing, Fossey Fund grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Fossey Fund reserves the right to revoke these exceptions either generally or in specific cases.
  • Violate any applicable local, state, national, or international law, intentionally or unintentionally;
  • Stalk or otherwise harass another; and/or
  • Collect or store personal data about users.

Disclaimer

To the fullest extent permitted by law, Fossey Fund, its affiliates, officers, directors, employees, trustees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. Fossey Fund makes no warranties or representations about the accuracy or completeness of the Site’s content or the content of any sites linked to this Site and assumes no liability or responsibility for any:

  • Errors, mistakes, or inaccuracies of content;
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;
  • Unauthorized access to or use of Fossey Fund’s secure servers and/or any and all personal information and/or financial information stored therein;
  • Interruption or cessation of transmission to or from the Site;
  • Bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party; and/or
  • Loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.

Any information (including personal and financial information) that you submit or reveal on or to a third party Web site accessible from this Site is not protected or governed by the Site’s Terms and Conditions of Use / Privacy Policy and will be seen by third parties not related to us and may be used by them to contact you or for other purposes beyond our control. This may occur if you link to a third party Web site from this Site, so please be aware that any information you submit to or reveal on that Web site is not subject to the Site’s Terms and Conditions of Use / Privacy Policy, and you should consult the privacy/security policy of such third party Web site prior to providing any information to such Web site. We cannot and are not responsible for the disclosure or use of any information revealed in the manner described above.

Limitation of Liability

Fossey Fund, its affiliates, officers, directors, employees, trustees, and agents will not be liable for any damages or injury that accompany or result from your use of this Site. You agree that your use of the Site is undertaken at your own risk, and you agree not to sue Fossey Fund for any remedies whatsoever stemming from your use of the Site. In no event shall Fossey Fund, its affiliates, officers, directors, employees, trustees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

  • Errors, mistakes, or inaccuracies of content;
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;
  • Unauthorized access to or use of Fossey Fund’s secure servers and/or any and all personal information and/or financial information stored therein;
  • Interruption or cessation of transmission to or from the Site;
  • Bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party; and/or
  • Loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Fossey Fund is advised of the possibility of such damages.

The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction, and this disclaimer is intended to disclaim negligence wherever permissible by law. 

The Site is controlled and offered by Fossey Fund from its facilities in the United States of America. Fossey Fund makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own risk, according to their own volition, and are responsible for compliance with local law.

Certain state laws may not allow Fossey Fund to limit or exclude liability for incidental or consequential damages. If you live in a state where laws in some cases prohibit limitation or exclusion of incidental or consequential damages, some or all of the above limitation arguably may not apply to you. But, in any event, Fossey Fund’s liability to you for any and all losses, damages, injuries, and claims of any kind will not be greater than the amount you paid to access the Site.

Indemnity

You agree to indemnify and hold harmless Fossey Fund, its affiliates, related parties, officers, directors, employees, trustees, agents independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the Site or service, your submission of content, your violation of any applicable law or these Terms and Conditions of Use, or any other violation of the rights of another person or party.

Use of Links

Throughout our Web pages, we provide links to other servers which may contain information of interest to our readers. We take no responsibility for, and exercise no control over, the organizations, views, or accuracy of the information contained on other servers. Creating a text link from your Web site to our Site does not require permission. If you have a link you'd like us to consider adding to our Site, please send an email to 2help@gorillafund.org with the subject "Link request."

Use of Content

All content on the Site (“Fossey Fund Content”) is the copyrighted property of Fossey Fund or is licensed for use by Fossey Fund, unless otherwise attributed, and is protected by national and international laws. Any attempt to modify any Fossey Fund Content, or to defeat or circumvent any of the Site’s technical security measures, without the prior express written permission of Fossey Fund is prohibited.

Fossey Fund reserves the right to remove any or all Fossey Fund Content, user-submitted content, and other content related to the Site at any time without prior notice. Further, Fossey Fund reserves the right to deny Site access to any user at any time without any prior notice for violation of these Terms and Conditions of Use.

The names and slogans of companies, products, and services mentioned on the Site may be the trademarks or service marks of the Fossey Fund or of their respective owners. You may not use any trademark or service mark found on the Site without the prior express written permission of the mark’s rightful owner. All rights are reserved.

If you would like to publish information that you find on our Site, please send your request to 2help@gorillafund.org. Where text or images are posted on our Site with the permission of the original copyright holder, a copyright statement appears at the bottom of the page. Information about using our logo, images and video is available in Multimedia.

User-Submitted Content: You agree that any content (including but not limited to pictures and images) you submit is on a non-confidential basis. By submitting any content to the Site, you keep ownership of the copyright of the content, but you irrevocably grant to Fossey Fund, its parents, subsidiaries, affiliates, and its successors, assigns, licensees, and agents, the non-exclusive, royalty-free, perpetual, irrevocable, worldwide right and license to reproduce, edit, modify, distribute, publish, display, market, promote, sell, license, broadcast, sublicense, transmit, and otherwise commercially and non-commercially exploit the content, in all channels of distribution, the content, all intellectual property therein, and derivative works made from the content, without compensation of any kind, in whole or in part, in all forms, formats, media and versions, now known or hereafter developed, including as part of an electronic database, and to license to third parties to exercise any and all such rights, in connection with advertising the goods and services of Fossey Fund, its parents, subsidiaries, affiliates, successors and assigns. 

You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your photo or image or your name, picture, likeness, address (city and state), e-mail address, or biographical information. 

You expressly grant Fossey Fund the right to repost any such submitted content in any altered or unaltered form, without any further authorization from you, to other websites, including but not limited to Facebook.com, Twitter.com, Flickr.com and YouTube.com.

Fossey Fund expressly prohibits any and all submissions of the following content:

  • Nudity, pornography, and sexual material of a lewd, lecherous, or obscene nature or intent or that violates local, state, or national laws;
  • Any material, including but not limited to remarks, suggestions, ideas, graphics, avatars, or comments, that violates or infringes in any way upon the proprietary rights of others including, without limitation, copyright, patent, trade secret, or trademark rights;
  • Any material that is unlawful, harmful, threatening, abusive, harassing, tortious, slanderous, defamatory, vulgar, obscene, profane, libelous, false or inaccurate, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable, including the posting of private information belonging to or about other individuals;
  • Content that promotes, encourages, or provides instructional information about illegal activities;
  • Hate propaganda or hate mongering, swearing, or fraudulent material or activity.

If any portion of the content posted by any visitor is found by Fossey Fund to be in violation of these Terms and Conditions of Use, Fossey Fund reserves the right to modify or remove such content or delete such submissions at any time without prior notice.

User Submitted Content – Warranty: By submitting content to the Site, you represent and warrant that all submitted content complies with all applicable Site policies, including these Terms and Conditions of Use.  Further, by submitting content, you represent and warrant that you own the copyright in all submitted content and have all necessary permissions from any persons or places depicted in the content to upload the content and to grant to Fossey Fund an irrevocable license to use the submitted content according to Fossey Fund’s sole discretion, including but not limited to use in connection with third-party social networking or video websites such as <Facebook.com>, <Twitter.com>, <Flickr.com>, <YouTube.com>, or any other Site Fossey Fund deems appropriate.

DMCA Notice and Takedown: As required by the U.S. Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material or content on the Site infringes your copyright, you must send a notice of claimed infringement to Fossey Fund’s Designated Copyright Agent at the following address:

Mackenzie Bruce, Copyright Agent
The Dian Fossey Gorilla Fund International
800 Cherokee Ave., SE
Atlanta, Georgia 30315-1440
Phone: (404) 624-5885
Fax: (404) 624-5867
Email: mbruce@gorillafund.org

Written Notice: To be effective you must provide Fossey Fund’s Designated Copyright Agent a written notification that includes the following:

  • A description of each work claimed to have been infringed, including any relevant information about the infringing activity;
  • A description of the location on the Site (or, if the infringing information is located on another Site linked to through the Site, information about the location of the link or reference on the Site) where the alleged infringement is occurring, providing sufficient detail to allow Fossey Fund to locate the infringing material;
  • Your name, address, telephone number, and email address;
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the above information is accurate and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
  • Your physical or electronic signature.

Fossey Fund does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and Fossey Fund will remove the infringing content if properly notified of infringement. As stated above, Fossey Fund reserves the right to remove any and all content and user submissions at any time without prior notice.

Counter-Notice: If you believe your submitted content 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 the content in your submission, you may send a counter-notice containing the following information to Fossey Fund’s Designated Copyright Agent:

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts in the United States District Court, Northern District of Georgia nearest to Atlanta, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
  • Your physical or electronic signature.

If a counter-notice is received by Fossey Fund’s Designated Copyright Agent, Fossey Fund may send a copy of the counter-notice to the original complaining party informing that person that he or she may replace the removed content or that Fossey Fund will cease disabling it.  Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored.

Miscellaneous

The above Terms and Conditions of Use will be governed by the law of the State of Georgia, U.S.A, excluding its conflicts of law rules. You expressly agree that this writing constitutes the entire agreement between you and Fossey Fund, and you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Site shall be filed only in the state or federal courts located in Atlanta, Georgia.

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fossey Fund without restriction.

You and Fossey Fund agree that any claim or cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.

If any part of these Terms and Conditions of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities.

Questions

If you have any questions about these Terms and Conditions, the practices of this site, or your dealings with this Site, you can contact us at: 2help@gorillafund.org.

Privacy Policy

We do not collect personally identifying information about you when you visit our Site <gorillafund.org>, unless you choose to provide such information to us. Providing such information is strictly voluntary. This policy is your guide to how we will handle information we learn about you from your visit to our Site.

Online Profile Updates and Donations

If you complete the Profile update form and share your personally identifying information, this information will be used only to provide you with more targeted content. We may use your contact information to send further information about our organization or to contact you when necessary. You may opt-out of receiving future mailings, emails or phone calls by emailing 2help@gorillafund.org. Your name and address may be sold or traded to other nonprofit organizations. If you do not wish to have your name and address shared, you may email 2help@gorillafund.org or call 800-851-0203.

Cookies

Fossey Fund uses "cookies" to collect information about how the Site is used. A cookie is a small removable data file that is stored by your web browser on your computer. We use cookies to, among other things, identify your computer during a particular session and analyze Site visitor behavior. Most Web browsers provide you with the ability to accept or decline cookies, as well as to be warned each time a cookie is being sent. If you choose to decline cookies, however, you may not be able to take advantage of all aspects of our site. 

External Sites

These policies do not extend to external Web sites linked on our Site. Please check with these companies and sites for their policies regarding data privacy, including the use of "cookies."

Sending us an Email

You also may decide to send us personally identifying information, for example, in an electronic mail message containing a question or comment, or by filling out a Web form that provides us this information. We may forward your email to other employees who are better able to answer your questions. We may also use your email to contact you in the future about our programs that may be of interest.

Opt-Out or Change Your Contact Information

Our Site provides users the opportunity to opt-out of receiving communications from us by emailing 2help@gorillafund.org, or you may choose to receive only specific email communications or none at all by updating email preferences in your profile. You may also update your contact information previously provided to us through an online form.

Security

Information submitted via the Internet, including through a web page or e-mail is subject to interception or incorrect routing, and the Internet is not a fully secure communications channel. Please consider this prior to submitting any information to us via this Site.  While we strive to preserve the security of your information by following generally accepted industry standards to protect the personal and financial information submitted to us, no method of transmission over the Internet, or method of electronic storage, is 100 percent secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. 

Questions

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Site, you can contact us at: 2help@gorillafund.org.

© 2012 Dian Fossey Gorilla Fund International, Inc. All Rights Reserved.

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