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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Web site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use this Web site. The Old Lyme Conservation Trust reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Web site following the posting of changes to these terms constitutes your acceptance of those changes.

1. Copyright Notice

Copyright 2004 by The Old Lyme Conseration Trust, P. O. Box 163, Old Lyme, CT, 06371, U.S.A. All Rights Reserved.

Some materials delivered from this Web site may contain other proprietary notices and copyright information relating to those materials. All photographs, information, materials and other content contained on this Web site are owned by The Old Lyme Conservation Trust and/or its contributors. This Web site contains original works of authorship that are the proprietary property of The Old Lyme Conservation Trust and/or its contributors, and which are protected under U.S. and international copyright laws. It is prohibited to copy, reproduce, modify, display, republish, upload, post, transmit, distribute, alter, prepare any derivative works of, or otherwise use any material from this Web site, including without limitation code, software, photographs and images, without the prior express written consent of The Old Lyme Conservation Trust.

2. Other Restrictions on Use

Permission to download one copy of the materials delivered from this Web site on any single computer for personal, home use only is hereby granted under the following conditions: (1) The above copyright notice and this permission notice must appear in all copies; (2) Any use of the materials available from this Web site must be for informational or educational purposes only and in no instance for commercial purposes; (3) No materials available from this Web site can be modified in any way, and (4) No graphics available from this Web site can be downloaded or used separate from the accompanying text; (5) No materials may be downloaded to a database that can be used to avoid future downloads from the Web site.

Any unauthorized use of the materials contained on this Web site may violate copyright laws, trademark laws, communications regulations and statutes, and the laws of privacy. Nothing contained herein shall be construed as conferring by implication, estoppels, or otherwise any license or right under any trademark, copyright, or other intellectual property right of The Old Lyme Conservation Trust. The Old Lyme Conservation Trust neither warrants nor represents that the use of materials contained on this Web site will not infringe the rights of third parties. Except as expressly granted above, all rights are expressly reserved to The Old Lyme Conservation Trust.

3. Links to the site

As a general practice, The Old Lyme Conservation Trust does not object to links made to Web sites owned or operated by the the Old Lyme Conservation Trust from other sites. There are certain terms and conditions that should be followed.

a. A link to an Old Lyme Conservation Trust Web site is permissible using the plain text name of the Old Lyme Conservation Trust's site or the plain text name of the Old Lyme Conservation Trust. Unless the Old Lyme Conservation Trust enters into a specific written agreement with the party wishing to link, use of any of the Old Lyme Conservation Trust's names, logos, designs, images, photographs, slogans, product trademarks, or service marks in or with the party's links is not permissible.

b. As a nonprofit organization, The Old Lyme Conservation Trust is prohibited from endorsing the products, services, or viewpoints of any company or organization. Therefore, a link to the Old Lyme Conservation Trust's Web site may not be presented in any way that suggests the Old Lyme Conservation Trust has a relationship or affiliation with the party's site or endorses, sponsors, or recommends the information, products or services on that site. Without the prior express written permission for a particular use from the Old Lyme Conservation Trust, none of the Old Lyme Conservation Trust's names, logos, designs, images, photographs, slogans, product trademarks, or service marks should be used in any advertising, publicity, promotion, or in any other commercial manner.

c. Due to frequent content updates, The Old Lyme Conservation Trust recommends that the link be only to the home page of old-lymeconservtrust.org. Without the Old Lyme Conservation Trust's express written permission for a particular use, no content from this Web site should be incorporated into the party's site, e.g., by in-lining or framing. In addition, none of the Old Lyme Conservation Trust's logos, designs, images, photographs, slogans, product trademark or service marks, or any other words or codes identifying the Old Lyme Conservation Trust's Web sites should be used in any META tag or other information used by search engines or other information location tools to identify and select sites.

d. Any questions, requests, or comments should be addressed to support@old-lymeconservtrust.org.

4. Submissions

The long-standing policy of The Old Lyme Conservation Trust does not allow it to accept or consider creative ideas, suggestions, or materials other than those specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by The Old Lyme Conservation Trust's professional staff might seem to others to be similar to their own creative work. The Old Lyme Conservation Trust requests that parties not submit any unsolicited original materials such as stories or ideas, screenplays, or original artwork, or any other creative ideas, suggestions, or materials (unless specifically requested by The Old Lyme Conservation Trust).

If, at the request of The Old Lyme Conservation Trust, a party sends certain specific submissions or, despite the request of The Old Lyme Conservation Trust, a party sends any creative ideas, suggestions, or materials, including, but not limited to, notes, photos, drawings, concepts, comments, questions or answers, techniques, know-how, or other information, these submissions are, and will be treated as, non-confidential and non-proprietary. The Old Lyme Conservation Trust will not be liable for any use or disclosure of any submissions.

5. Content Submitted by Third Parties

Any party who posts or submits information to this Web site agrees not to post any material which is bigoted, hateful, racially offensive, libelous, defamatory, obscene, pornographic, threatening, abusive, illegal, a violation of any copyright or trademark rights, invasive of privacy rights, or a violation of the rights of any party, and further agrees not to represent himself or herself as someone else.

The Old Lyme Conservation Trust does not permit any commercial postings, advertising or soliciting, posting of viruses, or off theme postings.

The Old Lyme Conservation Trust is under no obligation to monitor the information residing on or transmitted to this Web site; however, any party who posts information to this Web site agrees that The Old Lyme Conservation Trust may take appropriate action in order to prevent the violation of the rights of The Old Lyme Conservation Trust or of other parties, in order to comply with any law, regulation or other governmental request, or in order to operate this Web site properly or to protect itself or others. The Old Lyme Conservation Trust reserves the right to modify, reject, or eliminate any information residing on or transmitted to this Web site that, in its sole discretion, it believes is unacceptable or in violation of these terms and conditions. Any party who posts information to this Web site remains solely responsible for the content of their postings.

The use, distribution, or publication of any materials posted or submitted by third parties does not constitute or imply an endorsement of those materials or of any opinions or comments in those materials. The Old Lyme Conservation Trust disclaims all responsibility for any bigoted, hateful, racially offensive, libelous, defamatory, obscene, pornographic, threatening, abusive, illegal, or copyright or trademark infringing material, or material that is invasive of privacy rights or a violation of the rights of any party, posted to this Web site by any third party.

Any party who posts or submits information to this Web site represents that it is the sole owner of all rights in materials submitted by it (including all related copyrights) or that it has the absolute right to license their use as provided in this section. While the submitting party will retain ownership of the copyright in the materials it submits, the submitting party agrees that all of the materials it submits shall become part of a database, and that The Old Lyme Conservation Trust will own the compilation copyright in that database. The submitting party hereby grants The Old Lyme Conservation Trust a perpetual, worldwide, irrevocable, non-exclusive license to use, reproduce, adapt, modify, publish, translate, publicly perform, publicly display, and distribute its submission, any portion of its submission, and any derivative works created from its submission, in any form, media or technology, by any means now known or developed in the future, and for any purpose whatsoever. The Old Lyme Conservation Trust may sublicense all of its rights and licenses or assign them to third parties.

Neither The Old Lyme Conservation Trust nor any third party using the submission in accordance with this section will be obligated to pay the posting party any royalties or other compensation for use of the submission. The Old Lyme Conservation Trust shall have no duty to attribute authorship of the submission to the submitting party. The Old Lyme Conservation Trust shall not be obligated to enforce any form of attribution by third parties.

6. Information Warranty Disclaimer

All materials and related graphics provided by this Web site and any other materials which are referenced by or linked to this Web site are provided "as is" without warranty of any kind, either express or implied. To the maximum extent permitted by law, the Old Lyme Conservation Trust hereby disclaims all warranties and conditions with regard to any materials provided by this Web site or any other materials which are referenced by or linked to this Web site, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

The Old Lyme Conservation Trust makes no representations about the suitability of the information delivered from this Web site or any other materials that are referenced by or linked to this Web site for any purpose. The Old Lyme Conservation Trust does not warrant the accuracy, quality, reliability, content, or legality of any materials provided by this Web site or any other materials which are referenced by or linked to this Web site. The Old Lyme Conservation Trust assumes no responsibility for errors or omissions in the materials provided by this Web site or any other materials which are referenced by or linked to this Web site.

The Old Lyme Conservation Trust does not warrant that the functional aspects of this Web site will be error free or uninterrupted, that defects will be corrected, or that this Web site or the server that makes it available are free of viruses or other harmful components. The placement of any link on this Web site does not imply endorsement by The Old Lyme Conservation Trust of the linked site or the information, material, products, or services contained on the linked site or accessible through the linked site. Any party who links to any other sites or to any off-site pages does so at his or her own risk.

Some jurisdictions may not permit the exclusion of certain warranties or certain limitations of liability; therefore, some of the above exclusions and limitations may not apply. In those jurisdictions, the liability of The Old Lyme Conservation Trust shall be limited to the maximum extent allowed by law.

The Old Lyme Conservation Trust may update or make changes to the materials provided by this Web site at any time without notice; however, The Old Lyme Conservation Trust makes no commitment to update the information contained herein.

7. Limitation of Liability

In no event, including but not limited to negligence, shall The Old Lyme Conservation Trust be liable under any theory of tort, contract, strict liability, or other legal or equitable theory for any special, indirect, incidental, consequential, exemplary, or punitive damages, or for damages of any kind arising out of or in connection with the use or performance of information contained in any materials provided by this Web site or in any other materials which are referenced by or linked to this Web site, even if The Old Lyme Conservation Trust or an authorized representative of The Old Lyme Conservation Trust has advised the user of the possibility of damages.

8. Indemnification

Any party who uses this Web site hereby indemnifies, defends and holds The Old Lyme Conservation Trust and its affiliates, officers, directors, agents, information providers, licensors and licensees harmless from and against any and all claims, actions, liabilities, losses, damages, costs or expenses (including reasonable attorneys fees), whether direct or indirect, by contract, in tort, by operation of law or otherwise, incurred by or asserted or awarded against The Old Lyme Conservation Trust or its affiliates, officers, directors, agents, information providers, licensors and licensees in connection with any claim arising out of any breach by any party of these terms and conditions or claims arising from the account of any party.

All parties shall use their best efforts to cooperate with The Old Lyme Conservation Trust in the defense of any claim. The Old Lyme Conservation Trust reserves the right, at The Old Lyme Conservation Trust's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any party.

9. General Information

General Notice. The Old Lyme Conservation Trust may give notice by means of a general notice on any Old Lyme Conservation Trust Web site, electronic mail to a party's e-mail address on our records, or by written communication sent by first class mail to a party's address on The Old Lyme Conservation Trust's records.

Entire Agreement. This agreement constitute the entire agreement between you and The Old Lyme Conservation Trust and govern your use of this Web site, superseding any prior agreements between you and  The Old Lyme Conservation Trust on this matter. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Old Lyme Conservation Trust services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. This agreement and the relationship between you and The Old Lyme Conservation Trust shall be governed by the laws of the State of Connecticut (USA) without regard to its conflict of law provisions. You and the Old Lyme Conservation Trust agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New London, Connecticut, USA.

Waiver and Severability of Terms. The failure of The Old Lyme Conservation Trust to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Web site or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last Revised: September 2004

 

 
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Copyright 2004 The Old Lyme Conservation Trust

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