Terms

Terms of Use Agreement

EFieldGuide.com is an online service which helps nature enthusiasts identify and learn more about living things. By using the EFieldGuide.com website (“Website”) you agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you register as an non-paying or premium subscriber, collectively known as members (“Members”). If you wish to become a Member, communicate with other Members, or make use of the EFieldGuide.com services (the “Service”), please read this Agreement and indicate your acceptance by following the instructions during the registration process.

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. J.D. Grimes (the “Owner”) may modify this Agreement from time to time and such modification shall be effective upon posting to the Website by the Owner. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes EFieldGuide.com’s policy for acceptable use and content posted on the Website, your rights, obligations, and restrictions regarding your use of the Website and the Service.

Members

After opening an account on EFieldGuide.com, Members are able to create detailed on-line profiles of themselves, including name and biography. All of this information is fully disclosed on the Website. Any site visitor that visits EFieldGuide.com and navigates to a Member’s “profile page” will be able to view all of the profile information that has been entered by that Member. The visitor will not be not required to login in order to view this information. The Member’s information will be open to any and all visitors.

Cancellation of Member’s Accounts & Refund Policy

Any Member may close his account at any time by sending an e-mail to [email protected] (subject: account termination). Upon receipt of the e-mail, the Owner will immediately close the account and remove the associated profile page from the site.

Eligibility

Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of EFieldGuide.com shall not violate any applicable law or regulation. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other Members.

Term & Fees

This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by sending an e-mail to [email protected] (subject: account termination). The Owner may terminate your Membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to EFieldGuide.com. If EFieldGuide.com terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees (if applicable). Even after membership is terminated, this Agreement will remain in effect. EFieldGuide.com’s Terms of Use and/or subscription fees that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that the Owner reserves the right to charge for the Service and has the right to terminate a Member’s Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.

In addition, the Owner reserves the right to charge monthly membership fees for standard members. The current fee for standard memberships is $0.00 / month.

A notification of any fee change will be e-mailed to all affected Members at least 30 days in advance of the change. Any Member that wishes to cancel his/her account may do so at any time by sending an e-mail to [email protected] (subject: account termination). Upon cancellation, members will not be entitled to a refund of any previously charged membership fees (unless the cancellation occurs within 30 days of the member’s sign-up date).

Proprietary Rights in Content on EFieldGuide.com

J.D. Grimes owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, and other proprietary information of J.D. Grimes and his licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site

a. You understand and agree that the Owner may review and delete any content, message, photo or profile (collectively, “Content”) that in the sole judgment of the Owner violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.

b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Members.

c. By posting any Content to the public areas of the Website, you hereby grant to the Owner the non-exclusive, fully paid, worldwide license to use, transfer, sub-license, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. The Owner reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that is pornographic or sexual in nature; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. is irrelevant to nature study and the stated purpose of this website.

e. You must use the Service in a manner consistent with any and all applicable laws and regulations.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of the Owner to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to the Owner by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide the Owner with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Member Disputes

You are solely responsible for your interactions with other EFieldGuide.com Members. The Owner reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy

Use of the Website and/or the Service is also governed by our Privacy Policy.

Disclaimers

The Owner is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by Members of the Website or by any of the equipment or programming associated with or utilized in the Service. The Owner is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. The Owner assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. The Owner is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall the Owner be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and the Owner expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Owner cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

Limitation on Liability

IN NO EVENT SHALL J.D. GRIMES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE OWNER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO THE OWNER FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Disputes

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of Maryland without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Maryland.

Indemnity

You agree to indemnify and hold J.D. Grimes, his affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Other

This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and J.D. Grimes regarding the use of the Website and/or the Service. The failure of the Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.