ELLEN DEGENERES WILDLIFE FUND TERMS OF USE

These Terms of Use (“Terms”) contain the terms on which we supply content, products or services listed on the Ellen DeGeneres Wildlife Fund (the “Site”) owned and operated by The Ellen DeGeneres Wildlife Fund.

By accessing or using the Site you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please stop using the Platform immediately.

A few important points:

· You are only eligible to use the Site if you are a United States resident who is of the age of majority in the jurisdiction where you reside.

· We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Site at any time after such changes are posted. If a material change is made, we will notify you through the Site. Read through any changes, and if you do not agree to them, please stop using the Site.

· Additional terms and conditions may apply to specific products or your use of certain portions of the Site. These additional terms are also legally binding.

 

I. Proprietary Rights

 

All of the content on the Site – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“Content“) – is owned by EDWF or others we license Content from, and is protected under the United States’ and other countries’ copyright laws.

 

All trademarks, logos, service marks and trade names are owned, registered and/or licensed by EDWF or its parent or affiliate companies.

 

You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.

 

You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivate works from any content appearing on the Site, including Content, without our prior written consent.

 

II. Warranty Disclaimer

 

All reasonable efforts have been made to include accurate and up-to-date information on the Site. However, the EDWF makes no representations or warranties, express or implied, as to the completeness

or accuracy of any content included on the Site. All such documents, information and content on the Site are provided "as is" without warranty of any kind.

 

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THIS SITE AND ANY FEATURE ON THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. EDWF, AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSEES (the “EDWF PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION INCLUDED ON THIS SITE, THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, FEATURES, MATERIALS, OR PRODUCTS INCLUDED HEREIN.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EDWF PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

 

III. Limitation of Liability

 

THE EDWF PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE EDWF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE EDWF PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

IV. Links to Other Websites

The Site may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. The EDFA has no control over, and is not responsible for any content, products or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.

V. Indemnification

You agree to indemnify, defend and hold harmless the EDWF Parties from and against any losses, expenses, damages, claims, actions, demands or expenses (including reasonable attorney’s fees) including

personal injury and death, regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the EDWF Parties or any third party vendor, arising out of or in connection with: (a) your use of the Site, (b) your breach of these Terms, including any abusive or unlawful behavior, or (c) your infringement of any intellectual property or privacy right of any third party. This indemnification provision shall apply to third party claims as well as claims between you and the EDWF Parties under these Terms.

VI. General

 

a. Governing Law. These Terms of Use and our Privacy Policy shall be governed by and construed in accordance with the laws of the State of California, U.S., without respect to its choice of law principles.

b. No Waiver. No failure or delay by the EDWF in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

c. Severability. Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.

d. Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.

e. Entire Agreement. These Terms and the Privacy Policy represent the entire understanding between the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between you and the EDWF regarding its subject matter, and may not be amended, altered or waived.

f. Assignment. You may not assign these Terms without the prior written consent of the EDWF but we may assign these Terms without any notice to you.

 

VII. Changes

We may update and post revisions to these Terms from time to time and will updated the Effective Date when we do so. If our Terms of Use change in a way that significantly affects how we handle your Personal Information, we will not use the Personal Information we currently maintain without providing you notice or obtaining your consent, where appropriate. We encourage you to review this page for the latest information about our privacy practices.

VIII. Contact Us

If you have any questions or concerns about these Terms of Use, please contact us by email at info@ellendegenereswildlifefund.org or write us at:

Ellen DeGeneres Wildlife Fund

16255 Ventura Blvd, Suite 900

Encino, CA 91436