Introduction

Welcome to the Dian Fossey Gorilla Fund International (“Fossey Fund”) website, http://gorillafund.org (the “Site”). These Terms and Conditions of Use govern your use of the Site and any associated content. Fossey Fund’s Website Privacy Policy (the “Privacy Policy”) and its Donor Privacy Policy are incorporated into and made a part of these Terms and Conditions of Use by reference. To view the Privacy Policy, please see http://gorillafund.org/privacy-policy. To view the Donor Privacy Policy, please see http://gorillafund.org/donor-privacy-policy. By accessing the Site, you agree to the Terms and Conditions of Use and Privacy Policy. In these Terms and Conditions of Use, “you” and “your” refer to (a) you, the individual accessing the Site, (b) any electronic agent accessing the Site on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the Site.

We may modify or revise the Terms and Conditions of Use at any time, and your continued use of the Site indicates your acceptance of the changes.  All amendments and updates to these Terms and Conditions of Use are effective immediately upon notice, which we may give by any means, including but not limited to, by posting notice of the revision on the Site’s homepage or emailing you notice if you have provided an email address to us. You should periodically review this Terms and Conditions of Use to see whether changes have been made and if you agree to the changes.

Site Access and Use

Access: Fossey Fund grants you a personal, non-exclusive, non-transferable, limited license to use the Site solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Site or any content available via the Site. You further agree not to modify the Site, or any part thereof, in any form or manner, nor to use any modified versions of the Site, for any reason whatsoever, without the express written consent of Fossey Fund.  You may not attempt to gain any unauthorized access to the Site or any of its associated content, including computer systems, software, or networks.  No commercial use or redistribution of any content, materials, or information contained on or offered through the Site is permitted, unless expressly specified in a prior agreement between you and Fossey Fund.

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);
    • that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or
    • 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”, “scrapers” 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 person; and/or
  • Collect or store personal data about users.

Fossey Fund reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access to the Site. Fossey Fund may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong and except as may be expressly limited by the Privacy Policy, Fossey Fund reserves the right at all times to disclose any information as Fossey Fund deems necessary to satisfy any applicable law, regulation, legal process or governmental request. You also agree to reimburse Fossey Fund for any damage, loss, cost or expense Fossey Fund incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Site for any unlawful or prohibited purpose.

Disclaimer of Warranties

THE INFORMATION, CONTENT, OR MATERIALS AVAILABLE FROM OR PROVIDED ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

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 of information 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.

For your convenience, certain hyperlinks may be provided on the Site that link to other websites which are not under the control of Fossey Fund (the “Linked Websites”). Your use of other websites and any purchases of products or services from such other websites are subject to the terms and conditions of such other websites and any information (including personal and financial information) that you submit or reveal on or to a third party website accessible from this Site is not protected or governed by this Site’s Terms and Conditions of Use or Privacy Policy. You should consult the terms of use and the privacy policy of such third party website prior to providing any information to such website.  Fossey Fund disclaims all liability for all access to and use of Linked Websites.

Limitation of Liability

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 LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF, OR RELIANCE ON THE SITE; (B) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (D) UNAUTHORIZED ACCESS TO OR USE OF FOSSEY FUND’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (E) INTERRUPTION OR CESSATION OF TRANSMISSION OF INFORMATION TO OR FROM THE SITE; (F) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (G) 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. UNDER NO CIRCUMSTANCES SHALL FOSSEY FUND, OR ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY,  OR LOSS OF USE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE, THE SITE, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (G) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF FOSSEY FUND, EVEN IF FOSSEY FUND WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.

IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE, CUMULATIVE AND MAXIMUM LIABILITY OF FOSSEY FUND AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

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. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms and Conditions of Use.

Linking to the Site

Creating a text link from your website to our Site does not require permission; provided however, that you may not frame or mirror the Site or any associated content. If you have a link you’d like us to consider adding to our Site, please send an email to info@gorillafund.org with the subject “Link request”.

Proprietary 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 suspected or actual 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.

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

If you would like to publish information that you find on our Site, please send your request to info@gorillafund.org. By submitting any content to the Site (a “Submission”), you retain all rights to and interest in the Submission, but you grant to Fossey Fund, its parents, subsidiaries, affiliates, and its successors, assigns, licensees, and agents, a non-exclusive, royalty-free, perpetual, irrevocable, worldwide right and license to reproduce, edit, modify, distribute, publish, display, market, promote, sell, license, broadcast, sublicense, transmit, prepare derivative works of, and otherwise commercially and non-commercially exploit the Submission, in all channels of distribution, without compensation of any kind to you.

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.

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; and
  • Hate propaganda or hate mongering, swearing, or fraudulent material or activity.

If any portion of the Submission 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 notice.

User Submitted Content – Warranty:

You represent and warrant that all Submissions (i) comply with all applicable Site policies, including these Terms and Conditions of Use (ii) are owned by you or you have all necessary permissions from any persons or places depicted in the content to upload the content and sublicense the content to Fossey Fund in accordance with the above license grant.

DMCA Notice and Takedown

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. In accordance with 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 written notice of claimed infringement 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

to Fossey Fund’s Designated Copyright Agent at the following address:

Rand Lines, Copyright Agent
The Dian Fossey Gorilla Fund International
800 Cherokee Ave., SE
Atlanta, Georgia 30315-1440
Phone: (404) 624-5955
Fax: (404) 624-5867
Email: rlines@gorillafund.org

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 at the address listed above:

  • 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, under penalty of perjury, 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;
  • a statement that you consent to receive 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 these Terms and Conditions of Use constitute 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:  info@gorillafund.org.