TERMS OF USE

This agreement describes your rights and responsibilities with regards to use of the Sites; please read it carefully.

1. Acceptance of Terms of Use for the Sites

These website terms and conditions of use (the “Terms”) apply to your use of (a) the websites (including https://weanimalsmedia.org/ and https://www.weanimalsarchive.org/) and archive of photographs and videos (such photographs and videos, the “Works”, and such archive, the “Archive”) operated by We Animals Media (“We Animals” or “we” or “us”) (the websites and archive, together, the “Sites”), and (b) any and all information available on the Sites, including the Works, data, text, software, sound, graphics, messages, and other materials (collectively, “Content”).

You must carefully read these Terms and our privacy policy, located at (the “Privacy Policy”), incorporated herein by reference. We Animals provides the Sites to you subject to these Terms. These Terms are entered into by and between you and We Animals, and you accept them by using the Sites in any manner. If you do not agree to all of these Terms, including the Privacy Policy, do not use the Sites.

2. Notices; Modification and Termination of Services

We Animals reserves the right at any time in its sole discretion to modify, suspend or terminate the services and the Works provided through the Archive (or any part thereof), and/or your use of or access to them, with or without notice. We Animals may also delete, or bar access to or use of, all related Content.

We Animals will not be liable to you or any third-party for any modification, suspension or termination of the services or Content provided through the Sites, any deletion or barring of access or use of any Content, or any loss of related information. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Sites.

We Animals may amend these Terms at any time by posting the amended terms on the Sites.

If you are dissatisfied with the services provided through the Sites, your sole and exclusive remedy is to discontinue your use of the Sites.

3. Users and Eligibility

​You must be at least 13 years of age to use the Sites, register for an account, or transmit/submit any personal information.  By accessing, using and/or submitting information to or through the Sites, you represent that you are at least 13 years of age or older and otherwise have the legal capacity to enter into these Terms.

Under 18: If you are under 18, you must have your parent or guardian’s permission to use the Sites and you represent that you have such permission.  Please have them read these Terms with you.  If you are a parent or guardian of a user of the Sites who is under the age of 18, you consent to your teenager’s registration with and use of the Sites, and you agree to be bound by these Terms in respect of and assume full responsibility for such teenager’s use of the Sites.

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

If you are accessing the Sites on behalf of an organization, such as the company you work for, you represent and warrant that you have the legal authority to bind that organization.

You may browse the Sites without creating a user account, but to access, download and use the Works from the Archive, you must be a registered user. To register, you agree to provide true, accurate, complete and updated information about yourself for your account, and you agree not to misrepresent your identity or account registration information. Failure to provide accurate and complete information during registration may prohibit access and use of the Works and may subject you to liability.  We reserve all rights and remedies with respect to any such failure to provide accurate and complete information.  We reserve the right to ask for additional information or take other steps to verify the accuracy of the information you provide, including contact information for a parent or guardian. We reserve the right to approve or deny a registration request at our sole discretion.

4. Prohibited Activities

You may not access, use, or attempt to access or use the Sites to take any action that could harm us, other users of the Sites, any contributing photographer or videographer to the Archive, or any other third party, interfere with the operation of the Sites, or use the Sites in a manner that violates any laws. For example, without limitation, you may not:

  • Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
  • Engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
  • Take any action that imposes an unreasonable or disproportionately large load on We Animals’ network or infrastructure;
  • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or any activity conducted on the Sites or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Sites;
  • Distribute any materials or advertise or promote goods or services, in each case that use or reference the Sites or any Works or other Content, without We Animals’ permission (including, without limitation, sending spam); or
  • Engage in any other conduct that restricts or inhibits any person from using or enjoying the Sites or that, in We Animals’ sole judgment, exposes We Animals or any of We Animals’ users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We Animals may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We Animals may suspend or terminate your access to the Sites for any or no reason at any time without notice.

5. Intellectual Property Rights

The Sites, including without limitation all Content and all intellectual property rights in and to the same, are owned by or licensed to We Animals or We Animals’ third-party vendors.

We Animals hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Sites, subject to your complete compliance with these Terms and any and all other terms and policies set forth on or in the Content and/or the Sites, only for as long as such Content or Sites are made available by us. Notwithstanding the foregoing, the license to the Sites does not include any license to the Works, other than as expressly provided by We Animals pursuant to Section 6 below.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to use the Content or any other We Animals-owned or licensed intellectual property, whether by estoppel, implication or otherwise. You may not do or allow anyone else to do anything with the Content which is not specifically permitted under these Terms.

“We Animals Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, and other designations We Animals uses in connection with its products and services. You may not remove or alter any We Animals Trademarks, or co-brand your own products or material with any We Animals Trademarks, without We Animals’ prior written consent, which can be granted or denied at We Animals’ sole discretion. You acknowledge We Animals’ rights in the We Animals Trademarks, and you agree not to incorporate any We Animals Trademarks into your trademarks, service marks, company names, Internet addresses, domain names or any other similar designations, for use on or in connection with your or any third party’s products, services or information. For clarity, We Animals Trademarks may only be used with We Animal’s prior written consent.

You acknowledge that you do not acquire any ownership rights in or to the Sites or the Content by using the Sites or Content.

6. Licensing Terms for Use of Works

You may submit a request via the Archive to use one or more Works, which we may approve or deny in our sole discretion. If We Animals approves your request to use a Work, then We Animals will grant you a non-exclusive, non-transferable, and non-sublicensable license to use such Work, subject to and conditioned on your compliance with these Terms and any other terms and conditions given to you in writing.  Unless we inform you otherwise in writing, any such license shall be limited to the specific territory, term, uses and purposes set forth in your request.

Notwithstanding anything to the contrary, you will not and will not authorize, permit, or enable any other person or entity to, (a) recast, edit, alter, modify, or create any derivative works of any Work, or (b) use any Work in any manner that (i) is defamatory, injurious, obscene or pornographic, (ii) suggests a sponsorship of, affiliation with, or endorsement by or of any third party, (iii) is unlawful or immoral, or advocates unlawful or immoral activities, (iv) promotes or advocates for any industry, initiative, person or practice that engages in animal misuse or mistreatment, in each case as determined in We Animals’ sole discretion, or (v) could diminish or tarnish the image or reputation of any Work or We Animals, or cause confusion as to the ownership of any Work, in each case as determined in We Animals’ sole discretion.  You will promptly comply with any request by We Animals to cease any misuse of any Work, as determined in We Animals’ sole discretion.

With respect to each Work, We Animals expressly reserves all rights not expressly granted to you for that specific Work.  Except for the specific license expressly granted to you, you acknowledge that all right, title, and interest in and to each Work are owned and/or controlled by, and will remain with, We Animals. If you acquire any rights in any Work by operation of law or otherwise, you irrevocably assign such rights to We Animals without further action by We Animals or you.

In consideration of your license to use a given Work, We Animals may, in its sole discretion, require you to (a) provide updates to We Animals regarding the use and purpose for which such Work is licensed for use, which such use and purpose We Animals will have the right to market or promote in its sole discretion, and/or (b) pay a license fee in an amount and at a time designated by We Animals in writing.  If you choose to donate to We Animals in connection with the license of one or more Works, any such donation shall be subject to the “Donations” section of these Terms.  Any license fee paid or donation made to We Animals will support the ongoing operations of We Animals.

You shall provide and prominently display the following source attribution in connection with each and every publication of any Work, using the attribution information provided by We Animals: “Copyright [photographer name]/We Animals Media.”  For any Work that is delivered to you in electronic form, you will maintain intact all copyright notices, image identification numbers, and other information, and all electronic tracking, encryption, watermarking, fingerprinting, and other access control, digital rights management, and copy protection, as may be embedded in the electronic file containing the original Work.

You will indemnify, defend, and hold harmless We Animals and its officers, directors, employees, contributors, agents, affiliates, successors, and assigns from and against any third party claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including reasonable attorneys’ fees and disbursements, arising from or relating your use of any Work.

We Animals may terminate your license to use a given Work (a) upon written notice to you if you materially breach these Terms or any other terms and conditions applicable to such license or (b) at any time without cause by providing at least fifteen (15) days’ prior written notice to you.  Upon the expiration or termination of your license to use a given Work, all rights licensed with respect to such Work will revert to We Animals and you will, within five (5) days after such expiration or termination, cause all digital copies of such Work in your control and possession to be inactivated and erased and return or, at We Animals’ written request, destroy, any print or other tangible copies of such Work images.

In the event We Animals grants you a license to use a given Work: the relationship between you and We Animals shall be that of independent contractors; nothing shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between you and We Animals; and neither you nor We Animals shall have authority to contract for or bind the other in any manner whatsoever.

7. Donations

We Animals does not issue receipts for donations, unless required by law.  Donations to We Animals are not tax-deductible.

8. Information About You and Your Visits to the Sites

All information we collect on the Sites is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

9. Links to Third-Party Content

The Sites may contain links to third-party content. We Animals does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at your own risk.

10. Disclaimer of Warranties

Your use of the sites is at your own risk. The sites, the services and content, including all works, are provided “as is” without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement or other violation of rights, and all warranties arising from course of dealing, usage or trade practice.  Without limiting the foregoing, We Animals makes no representation or warranty that it possesses any releases from or concerning any individual, product, graphic, pictoral, architectural, or other work of authorship, trademark, tangible property, or other matter depicted in the works.  We Animals does not warrant the adequacy, currency, accuracy, likely results, or completeness of the sites (including services provided by third-party service providers in connection with the sites), or any third-party sites linked to or from the sites, or that the functions provided will be uninterrupted, virus, or error-free. We Animals expressly disclaims any liability for any errors or omissions in any content included on the sites (including services provided by third-party service providers in connection with the sites), or any third-party sites linked to or from the sites. You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the sites, including any damages resulting from computer viruses. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

To the fullest extent permitted by law, We Animals disclaims and will not be liable for any direct, indirect, punitive, special, incidental, consequential or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders or other economic advantage) arising out of or in connection with the sites, even if We Animals has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the sites; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through, or from the sites; (c) statements or conduct of any third party on the sites, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior or false or fraudulent transactions; or (d) content or information you may download, use, modify or distribute.

To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.

In the event you have any dispute with one or more third parties as a result of your use of the Sites, or are in any way damaged as a result of any third party in connection therewith, you hereby release and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against We Animals, We Animals’ affiliates, officers, directors, employees, agents, representatives and suppliers from, for any claims, actions, demands or damages (whether direct, indirect, special, incidental or consequential), of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.

12. Miscellaneous

If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Unless otherwise agreed in writing, these Terms (including our Privacy Policy) constitute the entire agreement between you and We Animals relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. Neither these Terms nor any license to use any Work are assignable, transferable or sublicensable by you except with We Animals’ prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, and any failure by us to assert any right or provision under these Terms will not constitute a waiver of such right or provision. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. The provisions of these Terms which by their nature should survive termination of these Terms shall survive such termination. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We Animals’ performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of We Animals’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by We Animals with respect to such use.

These Terms shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the law of Ontario, without regard to conflicts of law provisions thereof. You agree that exclusive jurisdiction and venue of any dispute with We Animals or its licensors, or any of their respective affiliates, officers, directors, employees, contractors, agents, representatives or suppliers, arising out of or in any way relating to these Terms or your use of or inability to use the Sites, services, or Content shall reside in the federal and state courts serving the city of Toronto, Ontario. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.

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