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Terms of Use

North Captiva Conservation

Terms and Conditions​

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Your use of North Captiva Conservation’s (“NCC”) website at www.northcaptivaconservation.org

and any NCC-affiliated website featuring these Terms of Use (“Websites”), including the content and other materials (including without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data sets, software, methods, inventions, sound files, other files and the selection and arrangement thereof) available on or through these Websites (together, “the Materials”) is governed by these Terms of Use (“Terms”). By accessing and continuing to use this Website, you acknowledge that you have read and agree to be bound by these Terms, which constitute a legal agreement (“Agreement”) between you and NCC.

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Amendments to these Terms will be posted at this URL and will be effective when posted. Your continued use of this Website following the posting of any amendment, modification or change shall constitute your acceptance thereof. If you have any questions regarding the Terms please contact NCC at info@northcaptivaconservation.org

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1. USE OF MATERIALS
a. Proprietary Materials

Unless indicated otherwise on this Website, the Materials contained on this Website are the property of NCC, its licensors, collaborating organization or users and are protected by U.S. and international copyright, trademark and other intellectual property laws.

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b. Request for Permission

Unless indicated otherwise below, on the Materials, or separate terms applicable to certain Materials, we ask that you contact us at info@northcaptivaconservation.org for permission for any reproduction, modification, distribution, public display or performance of such Materials.

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c. Downloadable Materials

Materials (with the exception of data sets) made available for public download on this Website may be used, reproduced and distributed only for non-revenue generating purposes, in accordance with these Terms, provided you do not modify the Materials and that you retain all copyright, trademark and other proprietary notices contained in the Materials intact. In addition, you agree that such permission does not include the public performance or public display of any Materials or making any derivative uses of the Materials. The permission granted herein is revocable at any time, with or without cause.

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d. Downloadable Data Sets; Online Data Access

Data sets made available for public download or access on this Website are owned by the data set creator/owner identified in the metadata of each respective data set. Unless indicated otherwise in separate data use terms and conditions, such data sets may be reproduced, distributed or used to produce and distribute derivative works, provided, however, that

  • the data sets are appropriately attributed to the data set creator/owner as indicated in the metadata;

  • the user informs the data set creator/owner via email at the email address indicated in the metadata about any use of the data sets in a publication or derived work;

  • any digital object identifier (“DOI”) included in the data set remains intact;

  • any modification of the original data set is clearly marked as a modification;

  • works substantially derived from the data sets may be reproduced, distributed or used to produce and distribute derivative works under terms not less restrictive than these data use terms described in 1 (d); and

  • any distribution of data sets includes the following disclaimer of warranty: “These data sets are provided ‘as is’ and without any warranty of any kind, either express or implied, whether of title, of accuracy, of non-infringement, of the absence of errors, of fitness for purpose, or otherwise.”

 
e. Unauthorized Use

Any unauthorized use of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity and other applicable laws and could result in criminal or civil penalties.

 
f. Image Usage

​All images have been obtained through an appropriate license in accordance with said source’s regulations. 

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2. INTERAC​​​TIVE AREAS

This Website may include blogs, user-generated content or other interactive areas or services (“Interactive Areas”), 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 Website (“User Materials”). 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 Website any of the following:

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  • User Materials that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

  • User Materials that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

  • User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Materials, you represent and warrant that you have the lawful right to reproduce, publicly perform, publicly display and distribute such User Materials;

  • User Materials that impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; User Materials that, in NCC’s sole judgment, may jeopardize or affect NCC’s tax exempt status, including but not limited to content on behalf of (or in opposition to) any candidate for public office, and content that contains propaganda or that otherwise attempts to influence legislation;

  • Promotions, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and

  • User Materials that, in the sole judgment of NCC, are objectionable or which restrict or inhibit any other person from using or enjoying the Interactive Areas or the Website, or which may expose NCC or its users to any harm or liability of any type.

 

NCC is not liable for any statements, representations or User Materials in any Interactive Area. Although NCC has no obligation to screen, edit or monitor any of the User Materials posted in any Interactive Area, NCC reserves the right, and has absolute discretion, to remove, screen or edit any User Materials posted or stored on the Website at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.

NCC does not claim ownership of User Materials. Unless we indicate otherwise, you grant NCC a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Materials on or in connection with the Website and other NCC promotional materials. You grant NCC the right to use the name that you submit in connection with such User Materials. You represent and warrant that:

  • you own and control all of the rights to the User Materials that you post or you otherwise have the right to post such User Materials to the Website;

  • the User Materials are accurate and not misleading; and

  • use and posting of the User Materials you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

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3. COPYRIGHT COMPLAINTS

NCC respects the intellectual property of others, and we ask our users to do the same. If you believe in good faith that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please provide NCC’s Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Website;

  • your address, telephone number, and email address;

  • a statement by you 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 by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

NCC’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

North Captiva Conservation

PO Box 342229

Austin, TX 78734

By email: info@northcaptivaconservation.org

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4. TRADEMARKS

​The NCC logo,NCC circle logo, the name “North Captiva Conservation”, and any other product or service name or slogan contained in this Website are trade/service marks of NCC, its licensors, or other respective owners, and may not be used without the prior written permission of NCC or the respective owners.

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5. LINKS

Any links to www.northcaptivaconservation.org or any affiliated NCC Website may not suggest or imply NCC’s endorsement or approval of any product, position, entity or individual, or portray NCC 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.

This Website contains links to third party Websites (“Linked Websites”) not under the control of NCC, and NCC is not responsible for their content or links contained in such Linked Websites. NCC does not intend links on this Website to be referrals or endorsements of the linked Website providers, or their products or services, and are provided for convenience only. Your use of the Linked Websites is at your own risk and subject to the terms and conditions of the providers of such Linked Websites.

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6. PRIVACY

Please refer to our Privacy Policy for information on how NCC collects, uses and discloses personally-identifiable information from its users.

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7. SERVICE DEACTIVATION

You agree that NCC has the right, but not the obligation, to take any of the following actions in NCC’s sole discretion at any time and for any reason without giving you any prior notice:

  • refuse, move or remove any content that is available on or through this Website;

  • to discontinue the Website or any services offered through the Website at any time without notice; and

  • to establish general practices and limits concerning use of the this Website.

We may take any of the above actions for any legitimate business reason, as determined by NCC in its sole discretion, including, but not be limited to:

  • breaches or violations of the Terms or other incorporated agreements or guidelines;

  • requests by law enforcement or other government agencies;

  • a request by you;

  • discontinuance or material modification to this Website (or any part thereof); and

  • unexpected technical or security issues or problems.

You agree that we will not be liable to you or any third party for taking any of these actions.

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8. DISCLAIMER OF WARRANTIES

​YOUR USE OF THIS WEBSITE, ITS SERVICES AND MATERIALS ON THIS WEBSITE (JOINTLY “SERVICES”) IS AT YOUR OWN RISK AND ALL SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. NCC DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE 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. NCC 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 NCC. TO THE FULLEST EXTENT ALLOWED BY THE LAW, CI 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.

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9. DISCLAIMER OF LIABILITY

IN NO EVENT SHALL NCC, ITS LICENSORS, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL 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 THIS WEBSITE, THE SERVICES, THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM NCC, 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.

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10. INDEMNIFICATION

You agree to defend, indemnify and hold NCC and its affiliates, service providers, licensors and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this Website or the Materials, any User Content you post, store or otherwise transmit on or through this Website, or your use of or inability to use this Website.

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11. ENTIRE AGREEMENT

These Terms represent the entire agreement between you and NCC with respect to their subject matter. No action of NCC, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of NCC is authorized to waive it orally.

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12. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of the District of Columbia, without regard to the conflict of law principles thereof. Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in the District of Columbia, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.​

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Last Updated September 27, 2023

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