I. Acceptance of Terms
Your use of the Database is at your risk. If you are dissatisfied with any of the materials utilized by the Database, with the quality of service or content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Database.
II. Specific Database Terms
Any use of the Database, including use of the Database through a third-party product that accesses the Database is bound by terms of this agreement plus the following specific terms:
- You expressly understand and agree HerpMapper shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if HerpMapper has been advised of the possibility of such damages), resulting from your use of the Database or third-party products that access or sync data.
- You shall not use the Database in any manner that adversely impacts the stability of HerpMapper servers or adversely impacts the behavior of other applications using the Database. Such abuse may result in temporary or permanent suspension of your access to the Database. HerpMapper, in its sole discretion, will determine what constitutes adverse impacts.
- HerpMapper reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Database (or any part thereof) with or without notice.
- HerpMapper reserves the right at any time to introduce new versions of the Database and to discontinue current versions of the Database with or without notice.
- You agree to attribute HerpMapper as the source of the data accessed via the website or mobile interface, wherever it is used or displayed. Whenever possible, please accompany this with a link back to HerpMapper.
III. Intellectual Property Issues
Pursuant to the copyright and trademark laws of the United States, you agree:
- That you may only download Content that HerpMapper designates as offered for download to any single device a single copy of any Content for personal and non-commercial use.
- To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), sell or exploit for any commercial purposes any Content derived from the site without specific written authorization from HerpMapper. Contact HerpMapper to inquire about commercial uses.
- To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
- To refrain from framing or mirroring any portion of the Database, web, or mobile interface.
- That by posting or submitting any text or other materials to the Database you grant HerpMapper a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission (e.g., voucher photos with contributor copyright, logo or brand).
The Database and all material and information posted on it is provided to you "as is" without any warranties. You agree that you must evaluate and bear all risks associated with use of the Database, including those risks associated with reliance on the accuracy, thoroughness, or utility of any content.
You acknowledge that due to the immediate nature of this medium, HerpMapper does not immediately review, censor, approve, edit, or endorse information placed in the Database by its users, and cannot guarantee that inappropriate material will not be posted. HerpMapper and affiliated partners will review user postings and will take steps to remove inappropriate postings that come to its attention.
The Database may provide, or third parties may provide, links to other sites or resources. Because HerpMapper has no control over such sites and resources, you acknowledge and agree that HerpMapper is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HerpMapper shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
V. User Conduct
All users shall use the Database for lawful purposes only. You agree not to post or transmit through the Database any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the Database any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by HerpMapper to do so.
Conduct by any user that, in the sole opinion of HerpMapper, constitutes over use or abuse of the right to access data, which restricts or inhibits any other user from using or enjoying the Database will not be permitted. HerpMapper reserves the right to refuse access to the Database to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE DATABASE, WEB-, OR MOBILE-INTERFACE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, HERPMAPPER RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING BUT NOT LIMITED TO INJUNCTIVE RELIEF) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to assume full and sole responsibility for any postings you make to the Database.
You agree to indemnify, defend, and hold harmless HerpMapper; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Database from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. HerpMapper reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with HerpMapper in asserting and available defenses.
Please review our HerpMapper Privacy Policies, which governs the use of personal information from the Database and to which you agree to be bound as a user of the Database.