Welcome to the Web site operated by the WildiZe Foundation® (“WildiZe”). The Terms and Conditions of Use (“Terms and Conditions of Use”) for this Web site (the “WildiZe Web Site” or the “Web Site”) together with the incorporated legal notices (“Legal Notices”) are to ensure that you enjoy the utmost quality and service during your visit to the WildiZe Web Site.
PLEASE READ THE TERMS AND CONDITIONS OF USE AND THE LEGAL NOTICES CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE AND [YOU ACKNOWLEDGE THAT YOU HAVE READ] THE LEGAL NOTICES [THE] TERMS AND CONDITIONS OF USE.
WildiZe may revise and update the Terms and Conditions of Use and/or the Legal Notices at any time by posting the amended terms to this Web Site. Your continued use of the WildiZe Web Site means you accept and agree to the revised Terms and Conditions of Use. If you disagree with the Terms and Conditions of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.
USE OF WILDIZE WEB SITE
You agree to use WildiZe Web Site only for lawful purposes.
(a) You agree that you will not do any of the following: (1) upload to or transmit on the WildiZe Web Site any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the WildiZe Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload or transmit on the WildiZe Web Site any advertisements or solicitations of business; (6) restrict or inhibit other visitors’ use of the WildiZe Web Site; (7) upload or otherwise transmit files that contain a virus or otherwise corrupted data; (8) collect information about others (including email addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the WildiZe Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the WildiZe Web Site); (10) post “spam”, chain letters or engage in other similar activities or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the WildiZe Web Site, or which, as determined by WildiZe, exposes WildiZe or users of the WildiZe Web Site to any liability or detriment of any type.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chat room or any other publicly available section of the WildiZe Web Site, and all articles and responses to questions, other than such content provided by WildiZe, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of, and are not endorsed by, WildiZe. You understand and acknowledge that you are responsible for whatever content you submit, and you, not WildiZe, have full responsibility for such content, including its legality, reliability, and appropriateness. Please use your best judgment and be respectful of other individuals. Do not use vulgar, abusive or hateful language. By uploading or otherwise transmitting material to any area of the WildiZe Web Site, you warrant that the material is your own, is in the public domain, or is otherwise free of proprietary or other restrictions and that you have the right to use such material, including by posting it to the WildiZe Web Site. You grant to WildiZe the right to use at any time all content you upload or otherwise transmit to the WildiZe Web Site, and the name you submit in connection with such content, in any manner WildiZe chooses, including but not limited to copying, displaying or performing, or publishing it in any format whatsoever, and modifying it, incorporating it into other material or making a derivative work based on it. You hereby waive any “moral rights” in any such content uploaded or otherwise transmitted to the WildiZe Web Site.
(c) WildiZe reserves the right, but does not assume any responsibility, to (1) remove from the WildiZe Web Site any material posted by you which WildiZe, in its sole discretion, deems inconsistent with the foregoing commitments, including any material of which WildiZe has been notified, or has reason to believe, constitutes a copyright infringement; (2) terminate your access to all or part of the WildiZe Web Site. However, WildiZe can neither review all material prior to transmission on the WildiZe Web Site nor ensure prompt action with respect to objectionable material after it is transmitted on the WildiZe Web Site. Accordingly, WildiZe assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. WildiZe reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public, however, WildiZe has no liability or responsibility to anyone for performance or nonperformance of the activities in this paragraph.
(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your use of the WildiZe Web Site and may expose you to civil and/or criminal liability.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The materials hosted on the WildiZe Web Site are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. In addition, the WildiZe Web Site is protected by copyright as a collective work/compilation. You are authorized to use the content on the WildiZe Web Site for personal, noncommercial use only. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Web Site in whole or in part without the prior written consent of WildiZe, except as follows. You may store copies of such materials temporarily in RAM and may store files that are automatically cached by your Web browser for display enhancement purposes and you may print a reasonable number of pages of the WildiZe Web Site for your personal use; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor intellectual property rights to any information or material in this site are transferred to you, but remain with WildiZe or the applicable owner of such content.
REQUESTING REPRODUCTION PERMISSION
You will need written permission to reproduce material from the WildiZe Web Site. You may email, write, or fax WildiZe with your requests:
P.O. Box 3078
Aspen, Colorado 81612
Fax: (970) 923-1695
Email: email@example.com or WildB4U@wildize.org
ATTN: Rights & Permissions
You have no rights to the proprietary software including any enhancements and modifications thereto provided to you for access to this Web Site or any of its features. You may not copy, distribute, modify, reverse engineer, or create derivative works from such proprietary software.
WildiZe sells products to adults who can purchase the products with a credit card. If you are under the age of eighteen (18) you may use the Web Site only with your parent’s or guardian’s permission and participation. WildiZe does not sell products for children. WildiZe reserves the right to refuse the sale of products or to cancel orders in its sole discretion.
All products you purchase from the WildiZe Web Site are shipped pursuant to a shipment contract. Accordingly, the risk of loss and title for those products passes to you upon our delivery to the shipment carrier. If a product is not as described in the WildiZe Web Site your sole remedy is to return it to WildiZe in unused condition within 15 days. Other parties may offer products and services through links on the WildiZe Web Site. We do not warrant such third party products or assume any responsibility or liability for such products or such third parties.
PRODUCT SHIPPING AND RETURN POLICY
Terms of Sale
All orders must be prepaid prior to shipment. All invoices are Net 15 days. A late payment charge will be assessed at a periodic rate of 1 ½% per month, or an annual percentage rate of 18%, on unpaid portions thereof, and will be charged beginning 16 days after the invoice date until paid in full.
We charge sales tax on all product orders shipped to the state of Colorado.
In the event that WildiZe must initiate collection proceedings for any amount due and owing for products purchased and delivered from the WildiZe Web Site, you agree that you are and will be responsible for all costs, charges and fees (including attorneys’ fees) WildiZe expends accordingly. Colorado law will govern such collection proceedings and any litigation arising hereunder will be brought in a court having jurisdiction within Colorado.
Within the Continental U.S.
All products purchased directly from the WildiZe Web Site or by telephone or faxed order will be shipped either via UPS, the US Postal Service, or by Common Carrier. WildiZe reserves the right to select the method of shipment. Please allow 4-8 business days for standard ground delivery. Upon request we will ship and bill your credit card for UPS Next Day Air, or UPS 2nd Day Air, or UPS 3rd Day Air. All products in stock are usually shipped within 72 hours after receipt of order. For certain products, please allow 3-6 weeks for shipment.
Shipping charges are based on actual UPS costs and any applicable handling and packing fees which are added to your method of payment prior to shipping. Certain heavy or oversized items may require additional fees. If your product order requires more than one standard shipping box additional fees may also apply. An invoice detailing shipping and merchandise charges is included with your order. All goods are sold free on board and the purchaser is responsible for stating whether they want added insurance coverage.
Outside the Continental U.S. and International Orders
WildiZe welcomes international orders and will ship such orders via the most cost-effective and economical carrier, depending upon weight and size of your order. We will provide necessary customs information. Notwithstanding the foregoing, please understand that WildiZe may not be able to ship certain products to all countries. Accordingly, WildiZe reserves the right, in its sole discretion, to refuse the delivery of any product to any country or territory outside the United States of America.
If a product is out of stock, your account will not be charged until the product is available for shipping. To expedite your order, we will ship all in-stock items and attempt to notify you via telephone, e-mail or fax should a product be out of stock. We will ship backordered products immediately after they are in stock, unless notified otherwise by you. You may re-order that item at a later date, or you may email WildiZe at firstname.lastname@example.org for a substitution suggestion. We will include a notice of backorder in each shipment if applicable.
Special Order Products
WildiZe appreciates your special orders and we will make reasonable efforts to fulfill your requests. To place any special order, a prepayment in full must be made, and we will advise you as to shipping costs and time. THERE ARE NO RETURNS ON SPECIAL ORDERS.
Damages and Returns
WildiZe is NOT responsible for return shipping costs. Return merchandise must be returned within 10 days of receipt of the products and be properly packaged to avoid damage upon return. At our discretion, a store credit, valid for up to 1 year, a refund, or a replacement item will be issued. Items that are NOT returnable are: Special orders, custom orders of fine prints/photography framed or unframed; perishable items, specialized equipment, etc.
Lost Items or Items Damaged in Transit
All products you purchase from the WildiZe Web Site are shipped pursuant to a shipment contract with the carrier. Accordingly, the risk of loss and title for those products passes to you upon our delivery to the shipment carrier. Upon reimbursement by the shipper for a lost shipment pursuant to a claim filed against the shipper, your credit card will be credited. This may take 2 weeks to 4 months. We will use our reasonable efforts to facilitate resolution of this problem. In the event that you received a product damaged in shipment, please contact the shipper to file your claim. For UPS, contact 1-800-PICKUPS, and keep all original shipping and packing materials, including paperwork for the claims adjuster. If requested, we may assist you in handling the damaged merchandise claim with the shipper.
LIMITATION OF LIABILITY OF WILDIZE AND ITS LICENSORS/DISCLAIMERS
WildiZe does not assume any liability for the content, materials, information and opinions provided on the WildiZe Web Site. Reliance on any such information is solely at your risk. WildiZe disclaims any liability for injury or damages resulting from use of any information contained on the WildiZe Web Site.
WILDIZE WEB SITE AND INFORMATION PROVIDED ON THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER WILDIZE NOR ANY PERSON ASSOCIATED WITH WILDIZE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF WILDIZE WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER WILDIZE NOR ANYONE ASSOCIATED WITH WILDIZE WARRANTS OR REPRESENTS THAT [THE] WILDIZE WEB SITE OR THE INFORMATION PROVIDED ON THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT WILDIZE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT WILDIZE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WILDIZE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT WILL WILDIZE OR ITS CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, WILDIZE WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN WILDIZE WEB SITE OR THE CONTENT TRANSMITTED ON WILDIZE WEB SITE OR PERSONAL INJURY, WHETHER OR NOT THERE IS NEGLIGENCE BY WILDIZE AND WHETHER OR NOT WILDIZE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
USER REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION
You represent, warrant and covenant (a) that no materials of any kind submitted by you or WildiZe’s use thereof in accordance with this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old.
You agree to defend, indemnify and hold harmless WildiZe, its officers, directors, employees, agents, affiliates, third-party information providers, licensors, and others involved in the delivery of the WildiZe Web Site or the delivery of services or information over the WildiZe Web Site, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, arising from your use of the WildiZe Web Site or any information obtained from the Web Site or from any violation by you of this Agreement.
PRIVACY/PROTECTION OF PERSONAL INFORMATION
COMMENTS AND SUBMISSIONS
WildiZe welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by WildiZe or its advertisers or business partners or in response to solicitations on this Web Site, will become WildiZe’s property. You agree that all intellectual property rights therein are hereby assigned, transferred, and conveyed to WildiZe. You understand that any postings to publicly available portions of the WildiZe Web Site are non-confidential for all purposes.
LINKS TO OTHER WEB SITES
This Web Site is operated from a site in the State of Colorado, USA. WildiZe makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
Please contact us at email@example.com if you become aware of any content that you believe to be in violation of these Terms and Conditions of Use, including without limitation, claims that any content on the WildiZe Web Site infringes the copyright of a third party.
Official correspondence must be sent by postal mail to the following address:
P.O. Box 3078
Aspen, Colorado 81612
This Agreement shall be governed in all respects by and construed in accordance with the laws of the State of Colorado, USA, without regard to its conflicts of law principles. The Agreement, as it may be amended from time to time, completely and exclusively states the agreement between you and WildiZe with respect to the WildiZe Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the WildiZe Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of this Agreement or your use of the WildiZe Web Site shall be in the state or federal courts located in Denver, Colorado. You agree to submit to the jurisdiction of such courts.
If any part of this Agreement is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of this Agreement shall remain in full force and effect.
WildiZe's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and WildiZe nor any trade practices shall be deemed to modify this Agreement.
WildiZe may in its sole discretion, and without notice to you, terminate or suspend your access to all or part of this Web Site for any reason, including without limitation, breach of this Agreement. Web Site administrators have the right to terminate use without notice if you restrict, inhibit or disrupt the activity of the WildiZe Web Site or if you attempt to alter or improperly access any feature or function of the Web Site.
© WildiZe Foundation, All rights reserved. This Web Site and the materials on this Web Site, including but not limited to images, photographs, audio and/or video content, illustrations, and text, are the property of WildiZe and may not be reproduced, distributed, publicly performed, displayed, or otherwise used, except with express permission of WildiZe.
The terms "WildiZe" and “WildiZe Foundation”, the WildiZe logo and all related product and service names, designs, and slogans are trademarks or service marks of WildiZe Foundation. All other product and service marks on this Web Site are the trademarks of their respective owners.
WildiZe is committed to protecting your privacy.
If you have any questions or concerns about our privacy policies, please send email to WildB4U@wildize.org or mail us at the following address:
P.O. Box 3078
Aspen, Colorado 81612
Information Collected by WildiZe
Personal Identification Information
If you do provide us with Personal Information, we may use it to send information about WildiZe or promotional material from some of our partners. On occasion, for example, we (or some of our partners) may send you e-mails to introduce a product or service that we think might be of interest to you. We may also use your Personal Information to keep in touch with you when necessary. If you identify yourself to us by sending us email with questions or comments, we may use your Personal Information to respond to your questions or comments. (We may also file your comments for future reference.) You may opt-out [LINK TO OPT-OUT SECTION] of receiving mailings at the time our request for your Personal Information is made. (In addition, email or postal mailings from WildiZe will include instructions on how to unsubscribe.) Please note, however, that under certain circumstances, if you opt-out, you may not be eligible for certain services or functions of the WildiZe Web Site for which a name, email address, telephone number or other personal identification information is necessary.
We may also provide Personal Information to certain of our vendors, advertisers and/or suppliers where it is necessary for them to provide us with products and services related to better operation and maintenance of the WildiZe Web Site. We will attempt to require that each of these vendors, advertisers and suppliers not use or disclose your Personal Information for any purpose other than providing you or us with products and services. However, we cannot guarantee their compliance with these restrictions.
We also reserve the right to provide or use your Personal Information in the following circumstances. We will release specific information about you or your account to comply with any valid legal process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the WildiZe Web Site, or a physical threat to you or others.
We urge you to be careful about giving out your Personal Information in messages sent on our Web Site, for example in a chat room or bulletin board. Information that you provide in a chat room, on a bulletin board or other publicly available area of our Web Site, may be viewed by any user of the Web Site. If you make information available in these forums, it is available publicly and we are not able to protect the privacy of such information. Your disclosure of such information is at your own risk.
The password protected portions or our web site are intended to be for your benefit, however, please be aware that you are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us of any need to deactivate a password. You grant to us and all other persons or entities involved in the operation of the WildiZe Web Site the right to receive, transmit, monitor, retrieve, store and use your Personal Information, including information which may be privileged and confidential under applicable state and federal laws, in connection with the operation of the password protected area of the WildiZe Web Site. We cannot and do not assume any responsibility or liability for any information you submit to such area of the Web Site or your or third parties' use or misuse of information transmitted or received using such area of the Web Site.
Passively Collected Information and the Use of Cookie Technology
We do not extract Personal Information during this process. We use such information in the aggregate to understand which services and resources our visitors prefer and how those services and resources are used. This provides us information regarding which areas of the Web Site are popular, which areas are not as popular and may require improvement, and what technologies are used by our visitors. This information helps us to update and improve the WildiZe Web Site for you.
We may share this aggregate statistical information with our partners, suppliers and other third parties, but we will not, without your consent, share any individual names, personal navigational information or other Personal Information. If we advertise, some of our advertisers may display ads on our sites, which solicit or contain technology to collect information about our users for the advertisers, but we will not permit such advertisers to collect any Personal Information from our users within our Web Site.
Information Collection from Children
WildiZe is committed to protecting the privacy of children. The “Young Conservationist” section of the WildiZe Web site is a separate children’s area that features educational content that appeals to children. Children can view the “Young Conservationist” pages without any personally identifiable information being collected by WildiZe. We do, however, have features that allow children to communicate with us via email. The only information that we obtain through that process is an email address and in some cases the first and/or last name of the child or other information volunteered by the child in the email communication. We use such information for the sole purpose of answering the questions posed. After each question is answered, we delete the email in its entirety. Accordingly, no Personal Information on children is currently stored in any WildiZe database. In addition, currently no Personal Information on children is shared with third parties or used for any marketing or promotional purpose.
We may provide children with the ability to participate in other “one-time only” types of activities, such as participation in educational contests or other games. In such event, we will not collect more information than is necessary for such participation in these activities. We will also provide notice to you regarding the kinds of information we will collect and give you the ability to request removal of any such information from our database.
If you have any questions, if you need more information relating to our privacy practices relating to the use of kids’ information, or if you want to opt your children out of an interactive feature, please email WildiZe at firstname.lastname@example.org or you can write to us at the following address: WildiZe Foundation, P.O. Box 3078, Aspen, Colorado, 81612.]
Links to Other Web Sites
Our Web Site contains links to other Web sites operated by third parties that may be of interest to you. However, we do not and cannot control the information and content or links contained on these sites. We do not and cannot control the way in which these Web sites collect and/or use your Personal Information. Therefore, WildiZe disclaims any liability for any third party Web site’s use of your Personal Information obtained through using the third party Web site. Use of linked sites, including links through advertisements, is at your risk.
We believe that protecting the security of your information is important. Therefore, we have taken industry-standard security measures in an attempt to protect your Personal Information. Remember that you also play a role in the protection of your own information. Should we issue you account names or passwords, do not give access to that information to anyone else. We also urge you to be careful about giving out your personally identifiable information in messages sent on the Web Site; for example, in a chat room or bulletin board. Information that you provide in a chat room, on a bulletin board, or in another publicly available area of the Web Site may be viewed by any user of the Web Site]
Access to and Correction of Information
Please send us an e-mail message at email@example.com to request access to any Personal Information that we have retained about you in our user database or to request a change in your Personal Information. At your request we will revise Personal Information about you that you inform us is in error or update such information accordingly.
The WildiZe Web Site provides you with the opportunity to opt-out of receiving communications from WildiZe and our partners at the point where we request information about you. You may also opt-out of our sharing your Personal Information with third parties for purposes unrelated to the operation of the Web Site. To opt out at any time the Web Site gives you the options for removing your information from our database and to not receive future communications from WildiZe, or:
1.You can send email to WildB4U@wildize.org.
2.You can enter your email address and select the UNSUBSCRIBE button from the “Newsletter” section of the Web Site. This will only be relevant when you launch the newsletter mailings.
3. Send mail to the following postal address: WildiZe Foundation, P.O. Box 3078, Aspen, Colorado, 81612.