Last updated: July 8, 2019
By accessing or using the Site, including registering for any products or services in connection with the Site, you represent that you (a) are at least 18 years old or otherwise meet the legal age to consent in the jurisdiction you are located, (b) have the legal right, authority and capacity to enter into the Agreement, and (c) agree to be bound by all the terms and conditions in the Agreement. If you do not meet the age requirement or do not agree, you must immediately discontinue your use of the Site.
Unless otherwise agreed in writing by Vulcan, the Site and Site Content is for your personal and non-commercial use only. You represent and warrant that you will not (and will not encourage, assist or enable others to):
Unless otherwise agreed in writing by Vulcan, you own all of your Submissions. You grant to Vulcan a non-exclusive, perpetual, fully paid-up, royalty-free, transferrable, worldwide, non-terminable license, with the right to sublicense through any number of tiers, to make, use, sell, import, have made, have sold, have imported, copy, reproduce, translate, prepare derivative works of, distribute, display, perform and publicly perform, transmit through any means of communication (known or unknown) or otherwise generally utilize in any manner any Submissions, including any and all associated intellectual property or proprietary rights thereof.
Vulcan or its licensors own all right, title and interest in and to the Site and Site Content, including all associated intellectual property rights. No ownership interest in any part of the Site is given to you. All designs, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of Vulcan, or Vulcan's content suppliers and licensors, and are protected by U.S. and international copyright laws. All rights not expressly granted herein are reserved.
The Site contains names and logos of Vulcan's partners that have contributed to the Site Content and/or the development of the Allen Coral Atlas (collectively, "Partner Marks"). All Partner Marks are trademarks owned by the respective partners as provided on the Site. "Vulcan" and "Allen Coral Atlas," and all logos and design marks used in connection therewith (collectively, "Vulcan Marks") are trademarks owned by Vulcan Inc. and/or its affiliates. Partner Marks and Vulcan Marks may not be used in connection with any other goods or services or in any manner that is likely to cause confusion or disparagement to Vulcan, its partners or their affiliates.
THE SITE, INCLUDING ALL SITE CONTENT, IS PROVIDED ON AN "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VULCAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VULCAN DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VULCAN, ITS AFFILIATES AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, SECURITY OR RELIABILITY OF THE SITE OR SITE CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VULCAN, ITS AFFILIATES, PARTNERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA) ARISING OUT OF OR RELATING TO THE SITE OR SITE CONTENT, EVEN IF VULCAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VULCAN'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS ($100).
You agree to indemnify, defend and hold harmless Vulcan, its affiliates, partners, and their respective officers, directors, employees, agents and representatives (collectively, the "Indemnified Parties"), including all costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your use of the Site or Site Content, (ii) your violation of the Agreement, or (iii) infringement or misappropriation by you of any third party's intellectual property or proprietary rights. You agree to not settle or admit liability or fault on behalf of any Indemnified Party without its prior written consent. Vulcan will use commercially reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and Site Content, including without limitation all laws applicable to the United States and the territory or jurisdiction in which you are located.
You are solely responsible for obtaining permission from the copyright owner of any Site Content prior to your use, copy or reproduction and include the required attributions or proprietary notices. Any unauthorized use, reproduction or distribution of the designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the Site or in Site Content is a violation of copyright, trademark and other applicable laws that may result in civil or criminal penalties or fines. Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to email@example.com.
This Agreement is governed by the internal laws of the State of Washington without regard to conflict of law provisions. For any claim related to the Agreement, you irrevocably submit to the personal and exclusive jurisdiction in and the exclusive venue of the state and federal courts having jurisdiction in King County, Washington. No action arising under or relating to the Agreement may be brought by either party more than one year after the cause of action has accrued.
Vulcan may terminate, suspend, revoke or reinstate your User Account and/or access to the Site in whole or in part, at any time without notice or liability to you. All provisions of these TOU that are intended to survive termination will survive, including without limitation, Submissions, Intellectual Property, Trademarks, Disclaimers, Limitation of Liability and Indemnification.
The failure of Vulcan to exercise any right in any respect shall not be deemed a waiver of any further rights hereunder. If any provision of the Agreement is found to be unenforceable or invalid, then only that provision will be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The Agreement, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Vulcan's prior written consent. Any attempted assignment or transfer by you shall be null and void ab initio. The section headings in these TOU are for convenience only and have no legal or contractual effect.
If you have any questions about these TOU, please email us at firstname.lastname@example.org.