Hawk Creek Wildlife Center, Inc. Privacy and Terms

Effective Date: February 19, 2009

TERMS OF SERVICE

General

These Terms of Service govern your use of the Hawk Creek Wildlife Center, Inc. website (the “Site”) and any associated online applications and services (the “Apps”). The Site and Apps are owned and operated by Hawk Creek Wildlife Center, Inc. (“we” or “us”). By using the Site and Apps, you agree to be bound by these Terms of Service and to use the Site and Apps in accordance with these Terms of Service, our
Privacy Policy (see below), and any additional terms and conditions that may apply to specific sections of the Site and Apps or to products and services available through the Site and Apps. Accessing the Site and Apps, in any manner, whether automated or otherwise, constitutes use of the Site and Apps and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site and Apps, from time to time, in which case we will post the revised Terms of Service on www.hawkcreek.org. By continuing to use the Site and Apps after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Hawk Creek Wildlife Center, Inc.’s Limited License to You.
The Site, the Apps, and all the materials available on the Site and Apps are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site and Apps is provided solely for your personal noncommercial use. You may not use the Site and Apps or the materials available on the Site and Apps in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site and Apps.

Your License to Hawk Creek Wildlife Center, Inc. By posting or submitting any material (including, without limitation, photos, videos, and other information) to us via the Site and Apps, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

Limitations on Linking and Framing. You may establish a hypertext link to the Site and Apps so long as the link does not state or imply any sponsorship of your site by Hawk Creek Wildlife Center, Inc. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or Apps, or incorporate into another website or other service any of our material, content or intellectual property.

Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site and Apps in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Hawk Creek Wildlife Center, Inc. (see contact us on site for mailing address). Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site and Apps; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site and Apps.

Disclaimers

Throughout the Site and Apps, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site and Apps or on websites linked to by us on the Site and Apps.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE, APPS AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE AND APPS OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE AND APPS, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND APPS OR MATERIALS ON THIS SITE AND APPS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site and Apps. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

The Site and Apps is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site and Apps should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Online Commerce

Certain sections of the Site and Apps may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site, Apps or on a site linked to by the Site and Apps, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site and Apps, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site and Apps.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site and Apps. You agree to use the Site and Apps and to purchase services or products through the Site and Apps for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Use of Company Directories

The information contained in any company directories that may be provided on the Site and Apps is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.

Interactive Features

The Site and Apps may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features, such as personalized home pages and email services, which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site and Apps, or sent via any email services on the Site and Apps, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site and Apps. It is a condition of your use of the Site and Apps that you do not:

  • Restrict or inhibit any other user from using and enjoying the Service.
  • Use the Site and Apps to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt any servers or networks used to provide the Site and Apps or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site and Apps.
  • Use the Site and Apps to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  • Gain unauthorized access to the Site and Apps, or any account, computer system, or network connected to the Site and Apps, by means such as hacking, password mining or other illicit means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Apps.
  • Use the Site and Apps to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Use the Site and Apps to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  • Use the Site and Apps to post or transmit any information, software or other material that contains a virus or other harmful component.
  • Use the Site and Apps to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Use the Site and Apps to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site and Apps.

You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Site and Apps through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site, Apps or any features of the Site and Apps to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy the Site and Apps or infringes the rights of others.

Registration

To access certain features of the Site
and Apps, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country.  If you are obtaining access to the Site and Apps through a third-party (such as Facebook), in lieu of registration you agree to allow us to obtain and retain any and all information you provide to that third-party. In addition, if you elect to sign-up for a particular feature of the Site and Apps, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site and Apps (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process and your use of the Site and Apps is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site
and Apps, you may need a username and password, which you will receive through the Site’s and Apps’ registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND APPS, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE AND APPS, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR APPS, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE OR APPS, OR WITH ANY OF THE SITE’S OR APPS’ TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND APPS.

Termination

We may cancel or terminate your right to use the Site
and Apps or any part of the Site and Apps at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site and Apps affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site and Apps, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site
and Apps. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

 

 

PRIVACY POLICY

The following Privacy Policy governs the online information collection practices of Hawk Creek Wildlife Center, Inc. (“we” or “us”). Specifically, it outlines the types of information that we gather about you while you are using the hawkcreek.org  website (the “Site”) and any associated online applications or services (the “Apps”) whether offered through the Site or some other delivery (for example Facebook), and the ways in which we use and don’t use this information. This Privacy Policy does not apply to any information you may provide to us or that we may collect offline and/or through other means.

Please read this Privacy Policy carefully. By visiting or using the Site and the Apps, you are accepting the practices described in this Privacy Policy and agree that your use of our Site and Apps, and any dispute over privacy, is governed by this Privacy Policy and our Terms of Service (see above). Because the Web is an evolving medium, we may need to change our Privacy Policy from time to time, in which case we’ll post the changes to this Privacy Policy on www.hawkcreek.org and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site and Apps after we post any such changes, you accept the Privacy Policy as modified.  We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current Privacy Policy.

What Information is Collected?

The information that we collect about you while you are using the Site and Apps falls into two general categories:

1. Information You Provide to Us.

We may collect and store information, personal or otherwise, that you voluntarily supply either while on the Site, the Apps, through a third-party (such as Facebook), or in responding via email in connection with a feature provided on the Site and Apps. Some examples of this type of information include demographic information that you electronically submit when you sign up for access to certain features on the Site and Apps, information (such as your name or email address) that you electronically submit when you register, surveys data, sweepstakes or contests on the Site and Apps, information that you post on message boards on the Site and Apps, and information contained in search requests or questions that you submit to the Site and Apps. If you decline to supply or provide us with certain information while using the Site and Apps, you may not be able to use or participate in some or all of the features offered through the Site and Apps.

2. Information that is Automatically Collected.

We also collect and store information that is generated automatically as you navigate through the Site and Apps. For example, to enhance your experience on the Site and Apps, we may use a standard feature found in browser software called a “cookie”. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site and Apps, cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site and Apps where you have entered preference information before. Besides cookies, Hawk Creek Wildlife Center, Inc. is engaged in the development of other tracking and reporting methodologies and algorithms and may use these to also automatically collect information. Another example of information that we automatically collect as you navigate the Site and Apps is information about your computer’s connection to the Internet, your browser type and IP address. This information allows us, among other things, to improve the delivery of our web pages and other content to you and to measure traffic on the Site and Apps.

In addition, third party advertisers or third party ad servers that place and present advertising on the Site and Apps also may collect information from you via cookies, web beacons, clear .gifs or similar technologies. These third party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements’ effectiveness, or for other uses. The use and collection of your information by these third party advertisers and ad servers is governed by the relevant third party’s privacy policy and is not covered by our privacy policy. Indeed, the privacy policy of these third party advertisers and ad servers may be different from our privacy policy. If you want more information about the privacy policies of these third party advertisers and ad servers or want more information on how to opt-out of the cookies or web beacons that some advertisers and ad servers may use, please see their individual policies.

How is this Information Used?

We use the information we collect from you while you are using the Site and Apps in a variety of ways, including using the information to customize features and advertising that appear on the Site and Apps. We also may provide your information to third parties, such as service providers, contractors, and advertisers, for a variety of purposes. For example, we may provide our advertisers with information about you and other visitors that will enable our advertisers to better target ads to specific types of visitors. We reserve the right to use and to disclose to third parties all of the information that we collect online about you and other visitors in any way and for any purpose.

Please also keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, through email or web logs, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third party use of such information.

The Site and Apps includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third party products or services through the Site and Apps, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.  We encourage you to be aware when visiting another website or purchasing third-party products and services to read the privacy policies of each and every website that collects personally identifiable information.

We also make some content, products and services available through our Site and Apps through cooperative relationships with third party providers, where the brands of our provider partner appear on the Site and Apps in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly; in which cases the privacy policy of the provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information. In addition, certain affiliated Hawk Creek Wildlife Center, Inc. divisions and partners, such as 3rdFloorMedia and Kelobis LLC, provide online services that are separate from our Site and Apps and may be subject to privacy policies that are different from ours. If you have any question about the privacy policy that applies to the online service you are using, you should click on the relevant link on the page of the service that you are using.

Be aware that we may occasionally release information about visitors when release is appropriate to comply with law, to enforce our Terms of Service (see above) agreement, or to protect the rights, property or safety of users of the Site and Apps, the public, or Hawk Creek Wildlife Center, Inc.  This may include sharing information with other companies, lawyers, agents or government agencies.

Please also note that as our business grows, we may buy or sell various assets. In the event that the ownership of Hawk Creek Wildlife Center, Inc. changes, we sell some or all of our assets, or our Site or Apps is acquired by another company or person, information about our visitors may be transferred to the new owners.

Children’s Privacy Statement

Our Site and Apps are not directed to children under the age of thirteen and we do NOT knowingly allow such persons to register for the Site and Apps. We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site and Apps.

We do NOT knowingly collect or solicit personally identifiable information from children under the age of thirteen as part of the Site and Apps and, because we do not knowingly collect any personally identifiable information from children under the age of thirteen as part of the Site and Apps, we also do NOT knowingly distribute such information to third parties. If you are under the age of thirteen please do not attempt to register for the Site and Apps or send any personally identifiable information about yourself to us.

We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site or Apps, we will delete such information from our records as quickly as possible. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site and Apps.

Questions Regarding Privacy

If you have questions or concerns about this Privacy Policy, our privacy practices, or your dealings with us, please contact us by writing to the address at Contact Us on our website.