When using National Predator Database, you
agree to the terms and conditions listed on this page (the "Terms
of Service"). In addition, when using particular National Predator Database services,
you will be subject to any posted guidelines applicable to such services,
including any terms or conditions applicable to such services
provided in conjunction with any National Predator Database content
provided by our service partners.
All such rules and guidelines are hereby incorporated by reference into
the Terms of Service. If you do not agree to these Terms of Service, please
do not use this service. We reserve the right, at our discretion, to change,
modify, add, or remove portions of these Terms of Service at any time.
Please check these terms periodically for changes. Your continued use
of the National Predator Database Service following the posting of changes to these
terms will mean you accept those changes.
The National Predator Database Service
(the "Service") allows you to use or access a broad range of content, collectively the "National Predator Database Service". These Terms of Service apply to the Service as well as any new products or services that we may add in
the future (unless stated otherwise).
General Terms of Service and, Restrictions
on Use of Materials
By using the Service, you
agree to be legally bound and to abide by the Terms of Service just as
if you had signed this Agreement. If you do not comply with the Terms
of Service at any time, we reserve the right to terminate your
access to the Service. We may discontinue or alter
any aspect of the Service, including, but not limited to,
(i) restricting the time the Service is available, (ii) restricting
the amount of use permitted, and (iii) restricting or terminating any
user's right to use the Service, at our sole discretion and without
prior notice or liability.
In order to permit us to protect
the quality of our products and services, you hereby consent to our employees being able to access your account and records on a case
by case basis to modify this information at your request, investigate
complaints or other allegations of abuse. We will not disclose
the existence or occurrence of such an investigation unless required by
You acknowledge that the Service contains information, software, photos, video, text, graphics,
music, sounds or other material (collectively, "Content") that
are protected by copyrights, patents, trademarks, trade secrets or other
proprietary rights, and that these rights are valid and protected in all
forms, media and technologies existing now or here after developed. All
Content is copyrighted as a collective work under the U.S. copyright laws,
and we own a copyright in the selection, coordination, arrangement
and enhancement of such Content. The National Predator Database name and logo are
our trademarks. All other trademarks appearing on the Service are trademarks of their respective owners.
may also have additional proprietary rights in the content which they
make available through the Service. You may not modify, publish,
transmit, participate in the transfer or sale, create derivative works,
or in any way exploit, any of the Content, in whole or in part. Modification of the materials or use of
the materials for any other purpose, including use of any such material
on any other web site or networked computer environment is strictly prohibited.
In the event you download software provided by us, the software,
including any files, images incorporated in or generated by the software,
and data accompanying the software (collectively, the "Software")
are licensed to you by us. We do not transfer the Software to you. You may not redistribute, sell, decompile,
reverse engineer, disassemble, or otherwise reduce the Software to a human-readable
If you elect to register to use the
Service you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data
to keep it accurate. If you provide any information that is untrue, inaccurate,
or incomplete, or we have reasonable grounds to suspect that
such is the case, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any portion thereof).
we will not disclose to third parties certain information contained in
your Registration Data or related data unless you choose to opt in for
such disclosures or when we believe, in good faith, such disclosure is reasonably necessary to comply with the law, legal process, or to
enforce the Terms of Service. For more information, please see our full
You agree to not use the National Predator Database Service:
To upload, post, email or otherwise
transmit any Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable; harm minors in any way; impersonate any person or entity,
including, but not limited to, our employees,
or falsely state or otherwise misrepresent your affiliation with a person
or entity; forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the Service;
email or otherwise transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements); upload, post, email or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party; upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," or any other form of solicitation; upload, post, email or otherwise
transmit any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, any regulations having the force of law; "stalk" or otherwise
harass another member or user of the Service; or collect
or store personal data about other users, or members.
It is our policy to respect the privacy
monitor, edit, or disclose the contents of a user or member account
unless required to do so by law or in the good-faith belief
that such action is necessary to: (1) comply with the law or comply with
legal process served on us; (2) protect and defend our rights
or property; or (3) act in an emergency to protect the
personal safety of our users or the public. You shall remain solely responsible
for the content of your messages.
The Service may provide,
or third parties may provide, links to other World Wide Web sites or resources.
Because we have no control over such sites and resources, you
acknowledge and agree that we are not responsible for the availability
of such external sites or resources, and do not endorse and are 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 we shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
We use diligent efforts to
maintain this Service, but we are not responsible for any defects or failures
associated with the Service or any damages (such as lost
profits or other consequential damages) that may result from any such
defects or failures. In addition, we make no guarantees as
to the sites and information located worldwide throughout the Internet
to which you may access as a result of the use of the Service,
including as to: (i) the accuracy, currency, content, or quality of any
such sites and information, or (ii) whether any search may locate unintended
or objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE NATIONAL PREDATOR DATABASE SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE CRITERIA FOR SEARCHING ARE LIMITED TO WHAT EACH INDIVIDUAL JURISDICTION MAY PROVIDE. ALSO, BECAUSE INFORMATION IS
SUPPLIED BY EACH JURISDICTION, SEARCH RESULTS SHOULD BE VERIFIED BY THE USER IN THE JURISDICTION WHERE THE INFORMATION ORIGINATED. USERS ARE ADVISED TO
VISIT THE CORRESPONDING JURISDICTION WEBSITES FOR FURTHER INFORMATION AND/OR GUIDANCE, AS APPROPRIATE.
WITHOUT LIMITATION. WE MAKE
NO WARRANTY THAT THE NATIONAL PREDATOR DATABASE SERVICE WILL MEET YOUR REQUIREMENTS,
THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE
RESULTS OBTAINED FROM THE USE OF THE NATIONAL PREDATOR DATABASE SERVICE WILL BE ACCURATE
OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL OBTAINED THROUGH THE NATIONAL PREDATOR DATABASE SERVICE WILL MEET
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE NATIONAL PREDATOR DATABASE SERVICE IS DONE AT YOUR SOLE
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE
OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH
THE NATIONAL PREDATOR DATABASE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED
FOR IN THESE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE NATIONAL PREDATOR DATABASE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE NATIONAL PREDATOR DATABASE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE NATIONAL PREDATOR DATABASE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE NATIONAL PREDATOR DATABASE SERVICE. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING
THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE
ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR
ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS,
EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS,
LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS
FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS
OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF
YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON
OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED
USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and modification
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof)
or use of the Service, if we believe that you have violated or
acted inconsistently with the letter or spirit of the Terms of Service.
We may also, in our sole discretion and at any time, discontinue
providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected
without prior notice, and acknowledge and agree that we may
immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files
or the Service. Further, you agree that we shall
not be liable to you or any third-party for any termination of your access
to the Service beyond refunding that portion of the fees covering the
term of service paid for and undelivered.
Governing Law and Other Miscellaneous Terms
These terms shall be governed by and
construed in accordance with the laws of the State of California, without
giving effect to any principles of conflicts of law. You agree that any
action at law or in equity arising out of or relating to these terms shall
be filed only in the state or federal courts located in Orange County
in the State of California and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between you and us relating to the subject matter herein and shall not be modified by you
except in writing, signed by both parties. The Terms of Service will inure
to the benefit of our successors, assigns and licensees.
COPYRIGHT AND COPYRIGHT NOTICES
We respect the intellectual
property of others, and we ask our users to do the same. We may, in appropriate circumstances and at
our discretion, terminate the
accounts of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide us with the following information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; 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 site; your address, telephone
number, and email address; a 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.
Please send this via the "Contact Us" section of the site.