Terms of Use
Last updated: 09/12/2016
Please read these Terms of Use ("Terms", "Terms of Use" or "Terms and Conditions of Use") carefully before using the https://www.ammonitopedia.com website (the "Website") operated by Ammonitopedia ("us", "we", or "our").
Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. These Terms apply to all visitors, users and others who access or use the Website. If you (the "User") do not agree to them, do not use the Website, provide any materials to the Website or download any materials from the Website.
1. Permitted and Prohibited Uses
You may use the Website for the sole purpose of browsing the ammonite species described in the Ammonitopedia database, add new species descriptions ("Entries") to the database, or edit already existing Entries.
You may not try to download or copy the whole Ammonitopedia database or subsets of it. You may not try to access the content of the database by any means other than browsing the Ammonitopedia Website.
This Website contains information about the location of fossil deposits worldwide. This information is stored for research and reference purposes only, and such information does not indicate that the locality is currently open for collectors to visit, or even that material can still be found at that location. Never visit a site listed on ammonitopedia.com to collect unless you have the permission of the landowners, and that you are aware of all safety precautions necessary. Any attempt to visit any locality listed on this Website is entirely at your own risk, and ammonitopedia.com cannot be held liable for any injuries, loss of life, loss of property, loss of earnings or any other issue due acting on information taken from this website.
You may not use the Website to violate any applicable local, state, national, or international law.
You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Any rights not expressly granted herein are reserved.
2. User Content
We do not want to receive confidential or proprietary information from you through the Website. Any material, photos, information, or other communication you transmit or post ("Contributions", or "User Content") to the Website will be considered non-confidential.
If you work for a company or at a University, it's likely that you're not the copyright holder of anything you make, even in your free time. Before making contributions to this site, you may need to get written permission from your employer.
You take full responsibility for the content you add to our Website, which means that if you provide content in breach of these terms, you may be required to compensate anyone who suffers as a result.
Any User Content you post to the Website remains your copyright material. However, by posting such content you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Ammonitopedia an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
3. Intellectual Property
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. This website and its original content, features and functionality, name and logo are Ammonitopedia's intellectual property. We reserve all rights on it. Nothing in these Terms grants you a right or license to use it or any part of it.
Because this Website contains the copyright material of other members, you agree not to try to extract information from this site for any other use than viewing of this website material. You are not allowed to archive non-trivial portions of this site and you are not allowed to copy data from this site for use in any other product or website.
You may print off one copy of any page(s) from the Website for your personal reference and you may draw the attention of others to material posted on the Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
You must not use any part of the materials on the Website for commercial purposes.
If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately.
4. Use of Personally Identifiable Information
Personally Identifiable Information submitted to the Website is governed according to our current Privacy Policy.
Although sections of the Website may be viewed simply by visiting the Website, in order to access some Content and/or additional features offered at the Website, you may need to register as a member. If you create an account on the Website, you may be asked to supply a valid email address, a username and a password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Website using your account or username. You grant us and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and in the provision of services to you. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Website. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy page.
5. Indemnification
You agree to defend us, indemnify us and hold us harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
6. Termination
These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. If you are dissatisfied with the Website, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. We reserve the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that:
- such use is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity;
- such use is in violation of any applicable law;
- you are in violation of these Terms and Conditions of Use.
Failure to comply with these terms of use constitutes a material breach of these terms of use and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the Website;
- immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
- issue of a warning to you.
The responses described in these Terms of use are not limited, and we may take any other action we reasonably deem appropriate.
You can delete your Ammonitopedia account whenever you want. When you delete your account, your personal data (email address and username) are removed from our database. Please note that the User Content you submitted to our database through the Website will still be accessible from the Website. However, this User Content will no longer appear under your name but under a randomly generated name.
7. Links To Other Web Sites
Our Website may contain links to third party web sites or services that are not owned or controlled by Ammonitopedia.
Ammonitopedia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Ammonitopedia 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
8. Governing Law
These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have between us regarding the Website.
9. WARRANTY DISCLAIMER
THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR WE DO MAKE ANY REPRESENTATION OR WARRANTY AS TO THE DATA ACCURACY OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH US OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL WE BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AMMONITOPEDIA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED ZERO EUROS (€0.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT WE WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
10. General
The Website and the underlying database are hosted in France. We make no claims that the Content on the Website is appropriate or may be downloaded outside of France. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside France, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
11. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. If a revision is material we will try to provide at least 14 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Website.
12. Notification Of Possible Copyright Infringement
In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us.
13. Contact Us
If you have any questions about these Terms, please contact us.