Personal and Non-Commercial Use Only
Unless otherwise specified in writing by Vulcan, the Site, and any information, graphics, text, messages and other materials made available through the site are available for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through this Site. You agree that Vulcan may establish general practices and limits concerning use of the Site. You agree that Vulcan has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site.
No Unlawful or Prohibited Use
DO NOT SEND CONFIDENTIAL INFORMATION THROUGH THE SITE OR OTHERWISE TO VULCAN. Vulcan cannot accept any requests, inventions, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary. Any requests, proposals, business plans, applications, ideas, suggestions, inventions, comments, feedback, and other materials disclosed, submitted, or offered to us, using the Site or otherwise, (collectively, "Submissions") will not be treated as confidential or proprietary and Vulcan will have no nondisclosure obligations or use prohibitions related to the Submissions. Any such Submission is deemed to be non-confidential and Vulcan shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any Submission. Vulcan does not claim ownership of the Submissions; however, transmitting or otherwise sending your Submission through the Site or otherwise, you are expressly granting Vulcan, its partners and their respective affiliates and necessary sublicensees a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide right to use your Submission for any purpose, including without limitation the rights to display, publish, reproduce, modify, adapt, transmit, sublicense, translate, perform, create derivative works from, and distribute Submissions, in whole or in part, throughout the world in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, including all promotion, advertising, marketing, publicity and any other uses thereof, without compensation to you or anyone else. By sending us Submissions, you warrant and represent that you own or otherwise control all of the rights to such content submitted. Vulcan reserves the right to reject any Submission or request for information and to bar any user from the Site, for any reason, in our sole discretion.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein. Vulcan controls and operates this Site from its headquarters in the United States of America and makes no representations that the Site is appropriate or available for use in other locations. If you use this Site from outside of the United States of America, you are entirely responsible for compliance with local laws. Unless otherwise explicitly stated, all information or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
ANY USE OF THE SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED WITHIN THE SITE IS PROVIDED ON AN "AS-IS" BASIS. VULCAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VULCAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, VULCAN DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VULCAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, TRANSMIT OR OTHERWISE SEND USING THE SITE.
Limitation of Liability
IN NO EVENT SHALL VULCAN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF VULCAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VULCAN’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.
You release and discharge Vulcan, its affiliates and their respective officers, directors, shareholders, employees and agents from and against all claims, damages, losses, liabilities, costs and expenses of any kind or nature whatsoever, including without limitation court costs and attorneys’ fees, whether known or unknown, related to, or arising out of your use of the Site. You knowingly and voluntarily waive any protection that you might have under Section 1542 of the California Civil Code as well as any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.
You will indemnify, defend and hold harmless Vulcan, its subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or any violation of these terms.
The Site is not intended for use by anyone under 18. You represent that you are 18 years or older.
General Proprietary Rights/Copyrights
The Site is owned by Vulcan and contains material that is derived in whole or in part from us and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without our express written permission. All website designs, text, graphics, interfaces and the selection and arrangement thereof, on the Site are copyrighted works of Vulcan or Vulcan’s content suppliers and licensors, and are protected by U.S. and international copyright laws. © 2014, Vulcan Inc., ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use, reproduction or distribution of the designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the Site is in violation of copyright, trademark, and other applicable laws and may result in severe criminal penalties and/or civil fines.
“Great Elephant Census” and all logos, designs and symbols associated with such terms are trademarks of Vulcan and/or its affiliates. They may not be used in connection with any product or service other than those offered by Vulcan or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Vulcan or its affiliates. All other trademarks are the property of their respective owners. To notify Vulcan of any suspected infringement, please contact us at email@example.com.
Digital Millennium Copyright Act (“DMCA”) Notice
Vulcan respects the intellectual property rights of others and is committed to complying with U.S. Copyright laws. Vulcan’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides resources for owners of copyrighted material who believe their rights under U.S. Copyright law have been infringed on the Internet. If you believe your work has been copied and is accessible on the Site in a way that may constitute copyright infringement, please provide notice to Vulcan’s Designated Agent, listed below. The notice must include the following information as provided by the DMCA, 17 U.S.C. 512(c)(3):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copy works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. 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;
6. 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.
Vulcan’s Designated Agent for receiving notices of copyright infringement may be reached at the following:
Copyright Agent for Claims, Legal Department
505 Fifth Ave. S, Suite 900
Seattle, WA 98104
Telephone: (206) 342-2000
Fax: (206) 342-3000
JURY TRIAL WAIVER.
YOU AND VULCAN WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND VULCAN.
CLASS ACTION WAIVER.
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND VULCAN MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
Last updated March 13, 2014