Terms & Conditions
The following Terms and Conditions govern all use of the KeepBearsWild.org website and all content, services and products available at or through the website, mobile sites and applications (collectively, the “Service”). The Service is controlled and operated by Wharton Media (“Company” or “we”). By using the Service you are agreeing to be bound by these Terms and Conditions.
Please read these Terms and Conditions carefully before registering or using the Service. If you do not accept these Terms and Conditions, then you may not use the Service. These Terms and Conditions are subject to change by Company at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes.
Use of the Service
You may use this Service solely for personal and non-commercial purposes only and subject to these Terms and Conditions, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. The Service is for entertainment purposes. You must be 13 years old or older to access the Service.
We Have All Rights in the Service and Content
The Service (including, but not limited to all text, photographs, graphics, video and audio content contained on the Service) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and Company (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) has all rights therein. All individual articles, blogs, videos, content and other elements comprising the Service are also copyrighted works, and Company (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) has all rights therein. You must abide by all additional copyright notices or restrictions contained on the Service. Unless expressly permitted by Company and, if applicable any additional copyright owner, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Service or any content therein, in whole or in part. However, you may download material from the Service (one machine readable copy and one print copy per page) for your personal, noncommercial use only. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. All rights not granted under these Terms and Conditions are reserved by Company.
By submitting Content on or to the Service (regardless of the form or medium with respect to such Content, whether text, videos, photographs, audio or otherwise), you automatically grant Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, store, publish, reproduce, sell, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed without payment or compensation to you and without seeking any further approval from you as part of the Service or in support of the Service through advertising and marketing. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms and Conditions. You also agree to waive any moral rights, or right to any residual payment associated with Content if such Content is published, sold, distributed, or otherwise commercially exploited.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage Company or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. Company reserves the right to remove or not publish submissions without prior notice.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Company or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Company, and its licensees, successors and assigns, from any claims that you could otherwise assert against Company by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the Content for that user’s personal use.
We May Discontinue or Suspend the Service
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Service.
Termination of Access
In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause, and to take any other actions that Company, in its sole discretion, believes to be in the interest of Company and of our users as a whole. In addition, Company may refer any information on illegal activities, including your identity, to the proper authorities.
We May be Legally Compelled to Disclose Certain Information
You agree that in the event Company receives a subpoena issued by a court or from a law enforcement or government agency, Company shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
Acceptable Use Policy
Company expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to Company at support (at) whartonmedia.com.
You are solely responsible for the Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any Content from other users that you access on the Service.
Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not Content is acceptable for the Service. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or encourages violence;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- contains personal information of any party such as phone numbers, addresses, license plate numbers etc;
- 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; or
- contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Terms and Conditions. Company will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not resell use of, or access to, the Service to any third party.
The Opinions Expressed by Our Content Contributors
Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Company. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through the Service, Company is not undertaking any obligation or liability relating to the content. Company and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Service for inappropriate or unlawful content. Company and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Company reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
We are Not Responsible for Linked Sites
Company is not responsible for the availability or content of other services that may be linked to the Service. Because Company has no control over such services, you acknowledge and agree that Company is not responsible for the availability of such external services, and that Company does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
You agree to defend, indemnify and hold harmless Wharton Media, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers and distributors (collectively, the “Wharton Media Parties”) from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees), arising from or in connection with: (a) your misuse of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, any of the Wharton Media Parties, and/or its agents, third party licensors or licensees, (c) your breach of any provision of these Terms and Conditions or any representations you provide herein, and/or (d) your use of the Website. Wharton Media reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with Wharton Media in asserting any and all available defenses. This provision does not require you to indemnify any of the Wharton Media Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Content provided hereunder.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE AND CONTENT AND PRODUCTS ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, WHARTON MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHARTON MEDIA DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, WHARTON MEDIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE WEBSITE, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS WEBSITE, USER GENERATED CONTENT, SUBMISSIONS, INFORMATION, GIVING INFORMATION MADE BY WHARTON MEDIA OR ITS GIVING PARTNERS, INFORMATION PROVIDED BY THIRD PARTY VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE.
WHARTON MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, INFORMATION, WEBSITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, OR ANY THIRD PARTY WEBSITE(S), (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) BY WHARTON MEDIA OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WHARTON MEDIA OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE “WHARTON MEDIA RELEASED PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE CONTENT, PRODUCTS OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST THE WHARTON MEDIA RELEASED PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF ANY OF THE WHARTON MEDIA RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR ANY CONTENT ON THE WEBSITE, OR THE PURCHASE OF ANY PRODUCTS ON OR THROUGH THE WEBSITE, THE WHARTON MEDIA RELEASED PARTIES’ TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to support (at) whartonmedia.com. Include “DMCA” in the subject line of your email.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions. Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
The laws of the State of California shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN SANTA CRUZ COUNTY, CALIFORNIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE Terms and Conditions OR YOUR ACCESS OR USE OF THE SERVICE.
Any claims asserted by you in connection with the Service must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
All rights not expressly granted herein are hereby reserved.
The section headings used herein are for convenience only and shall not be given any legal import.
How to Contact Us
Correspondence should be sent to support (at) whartonmedia.com.
© 2017 Wharton Media. All rights reserved.
April 3, 2017