Terms of Use

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the YouWild.org domain name, the "YouWild Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF DEFENDERS OF WILDLIFE'S PRIVACY POLICY, WHICH IS PUBLISHED AT http://www.youwild.org/privacy/, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. Where these Terms of Use conflict with this privacy policy, these Terms of Use will govern. If you do not agree to any of these terms and conditions, then you may not use the YouWild Website.

2. YouWild Website

These Terms of Use apply to all users of the YouWild Website, including users who are also contributors of image content, information, and other materials or services on the Website. The YouWild Website may contain links to third party websites that are not owned or controlled by Defenders of Wildlife (“Defenders”). Defenders of Wildlife has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites not managed by Defenders. In addition, Defenders of Wildlife will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Defenders of Wildlife from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the YouWild Website and to read the terms and conditions and privacy policy of each other website that you visit, including both websites managed by Defenders and by third-parties.

3. Website Access

A. Defenders of Wildlife hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms of Use.

B. In order to access some features of the Website, you will have to enter your name and email address and potentially other personally identifiable information. You may never use another's name, email address, or other personally identifiable information.You are solely responsible for the activity that occurs under your name and email address. You must notify Defenders of Wildlife immediately of any breach of security or unauthorized use of your name and/or email address to use any of the features of the Website. Although Defenders of Wildlife will not be liable for your losses caused by any unauthorized use of your name, email address, or other personally identifiable information, you may be liable for the losses of Defenders of Wildlife or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the YouWild servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Defenders of Wildlife grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Defenders of Wildlife reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including names and email addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

4. Intellectual Property Rights

The content on the YouWild Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Defenders of Wildlife, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Defenders of Wildlife reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must adhere to all of the terms and conditions of these Terms of Use. You agree not to circumvent, disable or otherwise interfere with security related features of the YouWild Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the YouWild Website or the Content therein.

5. User Submissions

A. The YouWild Website may now or in the future permit the submission of photos or other communications submitted by you and other users and the morphing of submitted photos into photos of wildlife selected by you or other users of the Website (“Morphs”). Photos or other communications you submit and the Morphs that you create with such photos or other communications using the Website are all collectively referred to herein as "User Submissions". The YouWild Website may now or in the future enable the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Defenders of Wildlife does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Defenders of Wildlife to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting or creating the User Submissions to the YouWild Website, you hereby grant Defenders of Wildlife a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouWild Website and Defenders of Wildlife's (and its successor's) activities, including without limitation for promoting and redistributing part or all of the YouWild Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the YouWild Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.

C. In connection with User Submissions, you further agree that any photos you submit will depict only the faces of people or pets. You further 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 Defenders of Wildlife all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Defenders of Wildlife 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; (iv) post advertisements or solicitations of business: (v) impersonate another person. Defenders of Wildlife does not endorse any User Submission or any opinion expressed therein, and Defenders of Wildlife expressly disclaims any and all liability in connection with User Submissions. Defenders of Wildlife does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Defenders of Wildlife will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Defenders of Wildlife reserves the right to remove Content and User Submissions without prior notice. Defenders of Wildlife also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or a photo of something other than a person or pet’s face. Defenders of Wildlife may remove such User Submissions and/or terminate a User's ability to upload such material at any time, without prior notice and at its sole discretion.

D. You understand that when using the YouWild Website, you will be exposed to User Submissions from a variety of sources, and that Defenders of Wildlife is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are misleading, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Defenders of Wildlife with respect thereto, and agree to indemnify and hold Defenders of Wildlife, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

E. Defenders of Wildlife permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, the YouWild Website may provide a "Website Badge" feature that would enable you to place a Website Badge, or image, linking to your YouWild Morph on your own personal, non-commercial websites. You may incorporate your Website Badge into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the YouWild Website on the pages containing the Website Badge. Defenders reserves the right to discontinue any aspect of the YouWild Website at any time.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE YOUWILD WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DEFENDERS OF WILDLIFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DEFENDERS OF WILDLIFE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUWILD WEBSITE.

7. Limitation of Liability

IN NO EVENT SHALL DEFENDERS OF WILDLIFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR MISLEADING CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE YOUWILD WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUWILD WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ORGANIZATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT DEFENDERS OF WILDLIFE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Defenders of Wildlife from its facilities in the United States of America. Defenders makes no representations that the YouWild Website is appropriate or available for use in other locations. Those who access or use the YouWild Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless Defenders of Wildlife, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the YouWild Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the YouWild Website.

9. Ability to Accept Terms of Use

You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are not at least 18 years of age, you may not use the YouWild Website unless you do so with a parent or legal guardian, who, by permitting you to use the Website, hereby accepts these Terms of Use on your behalf and agrees to be liable for any violation of these Terms of Use by you.

10. General

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Defenders of Wildlife without restriction. You agree that: (i) the YouWild Website shall be deemed solely based in Washington, DC; and (ii) the YouWild Website shall be deemed a passive website that does not give rise to personal jurisdiction over Defenders of Wildlife, either specific or general, in jurisdictions other than Washington, DC. These Terms of Use shall be governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. Any claim or dispute between you and Defenders of Wildlife that arises in whole or in part from the YouWild Website shall be decided exclusively by a court of competent jurisdiction located in the District of Columbia. These Terms of Use, together with the Privacy Policy at http://www.youwild.org/privacy/ and any other legal notices published by Defenders of Wildlife on the YouWild Website, shall constitute the entire agreement between you and Defenders of Wildlife concerning the YouWild Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Defenders of Wildlife's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Defenders reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the YouWild Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND DEFENDERS OF WILDLIFE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE YOUWILD WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.