Moirai Conservation and Research Inc, copyright 2019
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Published on Monday, January 7th, 2019 at 11:59 am EST
Moirai Conservation and Research Inc. (hereafter referred to as “the Organization”) is a Florida 501(c)3 nonprofit organization dedicated to the study and conservation of long-lives animal species worldwide, and we maintain an online website (www.moiraiconservation.org; hereafter referred to as “the Website”) for the purpose of (1) providing a means for contacting our directors and/or staff and volunteers, (2) disseminating information, and (3) potentially providing online services related to biology and conservation. The use of some or all of our services may require the creation on an online account through the Website, and some or all of our services may charge a fee (primarily to cover server and computation costs). When ordering services or donating money through the Website, users may be prompted to enter credit card information. Credit cards details are not stored on our servers, and are handled through third parties such as Stripe or PayPal.
CONSENT TO THE USE OF SENSITIVE INFORMATION
The website may collect non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. The purpose of collecting non-personally identifying information is to better understand how visitors use this Website. From time to time, the Organization may release non-personally-identifying information in the aggregate, (for example, by publishing a report on trends in the usage of the Website). This Website also collects information that is potentially personally-identifying, like Internet Protocol (IP) addresses of users. The Website only discloses signed in user IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
GATHERING PERSONALLY-IDENTIFYING INFORMATION
Certain visitors to this Website may choose to interact with the Website in ways that require the Organization to gather personally-identifying information. The amount and type of information that the Organization gathers depends on the nature of the interaction. For example, we may ask visitors who register an account to provide a username, email address, and a date of birth. Those who engage in transactions with the Organization – for example, by purchasing a service – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, the Organization collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction. Additionally (even though it may appear otherwise while using the website) credit card or other direct financial account information is not stored at all through the Website or the Organization, but is stored by the third-party services provided by Stripe or PayPal. The Organization does not disclose personally-identifying information other than as described below, and visitors can always refuse to supply personally-identifying information, with the caveat that doing so may prevent them from engaging in certain website-related activities.
AGGREGATED WEBSITE STATISTICS
The Organization may collect statistics about the behavior of visitors to its websites. For instance, the Organization may monitor which website pages users spend the most time viewing, and the time of day that they access the website. The Organization may display this information publicly or provide it to others. However, the Organization does not disclose personally-identifying information other than as described below.
PROTECTION OF CERTAIN PERSONALLY-IDENTIFYING INFORMATION
The Organization discloses potentially personally-identifying and personally-identifying information only to those of its directors, employees, contractors and affiliated organizations that (i) need to know that information in order to process it on the Organization’s behalf, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Website, you consent to the transfer of such information to them. The Organization will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than as described above, the Organization discloses personally-identifying (or potentially personally-identifying) information only in response to a subpoena, court order or other governmental request, or when the Organization believes in good faith that disclosure is reasonably necessary to protect the property or rights of the Organization, third parties or the public at large. If you have registered an account with the Website and have supplied your email address, the Organization may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with our company and our products. If you send us a request (for example via an email or via one of our contact mechanisms), we reserve the right to publish it or forward it to another individual or party in order to help us clarify or respond to your request or to help us support other users. The Organization takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Terms of Service
Published on Monday, January 7th, 2019 at 10:55 am EST
"Service" or "Services" means our products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account. The following terms of service apply to involve your interaction with Moirai Conservation and Research Inc. (hereafter referred to as “the Organization”), and the associated (www.moiraiconservation.org; hereafter referred to as “the Website”).
Some of our services may be age-restricted, and only offered to individuals older than 18 years of age. The use of such services will require that you supply us with your age or date-of-birth, and the use of services may be denied to individuals who are below 18 years of age.
The use of our services may require the registration of an account with the Organization and the Website. By registering an account, you agree to provide us with complete and accurate information. You will be solely responsible and liable for any activity that occurs under your username. You are also responsible for keeping your password secure. You must immediately notify the Organization of any unauthorized uses of your account, or any other breaches of security. The Organization will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
In order to use the services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while the Organization may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by the Organization at any time, at the Organization’s discretion.
The Organization’s services are for research, informational, and educational use only. We do not provide medical advice.
The Organization may offer a range of different services. Individual services may have additional terms associated with them, specific to that service, which will be made available prior to use. The use of services with additional terms may be denied to individuals who do not agree to those terms.
This Agreement does not transfer from the Organization to you (or any third party) any of the Organization’s intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with the Organization. The Organization, and all other trademarks, service marks, graphics and logos used in connection with the Organization or our services, are trademarks or registered trademarks of the Organization or the Organization’s licensors. Other trademarks, service marks, graphics and logos used in connection with our services may be the trademarks of other third parties. Your use of our services grants you no right or license to reproduce or otherwise use any of the Organization or third-party trademarks.
We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will inform you by email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our services within the designated notice period. Your continued use of our services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Agreement (including the binding individual arbitration clause) that were in place when the dispute arose.
The Organization may terminate your access to all or any part of our services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
Our Services are provided “as is.” The Organization and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Organization nor its suppliers or licensors, makes any warranty that our services will be error free or that access thereto will be continuous or uninterrupted. You download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
LIMITATION OF LIABILITY
In no event will the Organization, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Organization under this agreement during the twelve (12) month period prior to the cause of action. The Organization shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
GENERAL REPRESENTATION AND WARRANTY
US ECONOMIC SANCTIONS
You expressly represent and warrant that your use of our services and/or associated products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and the Organization reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless the Organization, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between the Organization and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized member of the Organization, or by the posting by the Organization of a revised version. Except to the extent applicable law, if any provides otherwise, this Agreement and any access to or use of our services will be governed by the laws of the United States of America. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such rules. The arbitration shall take place in the United States of America, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Organization may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.