Creature Compass Terms and Conditions

 

The use of the Creature Compass Terms and Conditions

Your access to, and use of, Creature Compass is subject exclusively to these Terms and Conditions. By accessing the website, you agree that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the website you fully accept these Terms, Conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you are required to immediately stop using the website.

Our website uses cookies. By using our website and agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy. http://www.creaturecompass.com/privacypolicy.

Acceptable use

Creature Compass should be used to add and find wildlife sightings worldwide. Users are able to create and manage a personal profile and connect with other users regarding their wildlife sightings.

The contents of the Creature Compass website do not constitute advice and should not be relied upon in making or refraining from making, any decisions. We do not endorse or guarantee the accuracy, integrity or quality of any posting, regardless of whether the posting comes from a user, from a celebrity or ‘expert' guest, or from a member of our staff.

Unacceptable use

When using the website, you may not:

  1. Use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  2. Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  3. Conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
  4. Use our website to transmit or send unsolicited commercial communications (such as spam).
  5. Use our website for any purposes related to advertising or marketing without our express written consent.
  6. Solicit log in information or access an account belonging to someone else.
  7. Bully, intimidate, threaten or harass any user.
  8. Post content that constitutes hate speech, is threatening or pornographic, incites violence,is illegal or contains nudity or graphic or gratuitous violence.
  9. Use the website for any unlawful, misleading, malicious, or discriminatory activities.
  10. Do anything that could disable, overburden, or impair the proper working or appearance of the website, such as a denial of service attacks or interference with page rendering or other functionality.
  11. Facilitate or encourage any violations of these Terms and Conditions or of any of our policies.
  12. Post banking or credit card details or any other sensitive personal information belonging to yourself or others on the website.
  13. Collect and disclose information about users' personal information.
  14. Post false, inaccurate, misleading, defamatory, or libellous content.

Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If you generate a user name and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.

You must notify us immediately in writing on admin[@]creaturecompass.com if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

You may not use any other person's user name and password to access the website, or let anyone else access your profile, or do anything else that might jeopardise the security of your account.

We may disable your account at any time in our sole discretion with or without notice or explanation.

User content

In these Terms and Conditions, "your content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website or provide links, reference or embedded URLs, for whatever purpose.

You warrant and represent that your content will comply with these Terms and Conditions.

Your content must meet the requirements of acceptable use and not be illegal or unlawful, must not infringe on any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

You may not post content or take any action on the website that infringes or violates someone else's rights or otherwise violates the law.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website that does not meet the requirements of acceptable use or that violates these Terms and Conditions or our policies. We reserve the right to remove any content related to any sightings of endangered species in the interests of conservation. If we remove your content and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website. We encourage all users accessing the website to monitor its content and inform us of any breaches to these Terms and Conditions so that we can take the appropriate action.

Non-commercial use by members

Users are prohibited to use the services of the website in connection with any commercial endeavours or ventures. This includes providing links to other websites, whether deemed competitive to this website or not.

Change of use

Creature Compass reserves the right to:

  1. Change or remove (temporarily or permanently) the website or any part of it without notice and you confirm that Creature Compass shall not be held liable to you for any such change or removal.
  2. Change these Terms and Conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.
  3. Change, delete or remove any information which a user has posted/added on the website which may be contradictory to these Terms and Conditions, be deemed unacceptable or inappropriate or constitute unacceptable use of the website.Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms and Conditions.

Links to third party websites

The Creature Compass website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible or will not be held liable for the content or availability of any such sites.

Copyright

All copyright, trademarks and all other intellectual property rights on the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by, or licensed to, Creature Compass or otherwise used by Creature Compass as permitted by law.

Any content submitted to the website by a user, remains copyrighted to the user.

By submitting content to the website, you allow the website to make this content available for redistribution to other websites through functionality on this website. This content stays copyrighted to the user who submitted it.

In accessing the website you agree that you will only view, download and print pages or other contents from the website solely for your personal, non-commercial use subject to the restrictions set out below and elsewhere in these Terms and Conditions. You must not (unless it is your own content that you have added to the website of which you own the copyright):

  1. Download or store any content from the website without the prior written consent of the copyright holder
  2. Republish material from this website (including republication on another website) unless through specific functionality within the Creature Compass website
  3. Sell, rent or sub-license material from the website
  4. Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
  5. Edit or otherwise modify any material on the website
  6. Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter)
  7. If you repeatedly infringe other people's intellectual property rights, we reserve the right to disable your account when appropriate.

Disclaimers and limitation of liability

  1. The website is provided on an ‘as is' and 'as available' basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  2. To the extent permitted by law, Creature Compass will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits etc.) arising out of, or in connection with the use of the website.
  3. Creature Compass makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
  4. Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
  5. The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
  6. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
  7. We will not be liable to you in respect of any loss or corruption of any data, database or software.
  8. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Indemnity

You agree to indemnify and hold Creature Compass and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Creature Compass arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.

Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, suspending your account on the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of the Republic of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts.

Changes to our Terms and Conditions

We may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of our website from the date of publication of the revised terms of use on our website.

If we revise the Terms and Conditions, we will post those changes on this page, and/or update the Terms and Conditions modification date below.

These Terms and Conditions were last modified on 25 March 2013.

For any further information please email us at admin[@]creaturecompass.com.