These website terms and conditions of use (the “Terms”) apply to your use of (a) the websites (including https://stage.weanimals.org/ and https://www.stock.weanimals.org/) and stock site of photographs and videos (such photographs and videos, the “Works”, and such stock site, the “Stock Site”) operated by We Animals (“We Animals” or “we” or “us”) (the websites and stock site, together, the “Sites”), and (b) any and all information available on the Sites, including the Works, data, text, software, sound, graphics, messages, and other materials (collectively, “Content”).
You must carefully read these Terms and our privacy policy, located at (the “Privacy Policy”), incorporated herein by reference. We Animals provides the Sites to you subject to these Terms. These Terms are entered into by and between you and We Animals, and you accept them by using the Sites in any manner. If you do not agree to all of these Terms, including the Privacy Policy, do not use the Sites.
We Animals will not be liable to you or any third-party for any modification, suspension or termination of the services or Content provided through the Sites, any deletion or barring of access or use of any Content, or any loss of related information. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Sites.
We Animals may amend these Terms at any time by posting the amended terms on the Sites.
If you are dissatisfied with the services provided through the Sites, your sole and exclusive remedy is to discontinue your use of the Sites.
Under 18: If you are under 18, you must have your parent or guardian’s permission to use the Sites and you represent that you have such permission. Please have them read these Terms with you. If you are a parent or guardian of a user of the Sites who is under the age of 18, you consent to your teenager’s registration with and use of the Sites, and you agree to be bound by these Terms in respect of and assume full responsibility for such teenager’s use of the Sites.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
If you are accessing the Sites on behalf of an organization, such as the company you work for, you represent and warrant that you have the legal authority to bind that organization.
You may browse the Sites without creating a user account, but to access, download and use the Works from the Stock Site, you must be a registered user. To register, you agree to provide true, accurate, complete and updated information about yourself for your account, and you agree not to misrepresent your identity or account registration information. Failure to provide accurate and complete information during registration may prohibit access and use of the Works and may subject you to liability. We reserve all rights and remedies with respect to any such failure to provide accurate and complete information. We reserve the right to ask for additional information or take other steps to verify the accuracy of the information you provide, including contact information for a parent or guardian. We reserve the right to approve or deny a registration request at our sole discretion.
You may not access, use, or attempt to access or use the Sites to take any action that could harm us, other users of the Sites, any contributing photographer or videographer to the Stock Site, or any other third party, interfere with the operation of the Sites, or use the Sites in a manner that violates any laws. For example, without limitation, you may not:
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
- Engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- Take any action that imposes an unreasonable or disproportionately large load on We Animals’ network or infrastructure;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or any activity conducted on the Sites or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Sites;
- Distribute any materials or advertise or promote goods or services, in each case that use or reference the Sites or any Works or other Content, without We Animals’ permission (including, without limitation, sending spam); or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Sites or that, in We Animals’ sole judgment, exposes We Animals or any of We Animals’ users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We Animals may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We Animals may suspend or terminate your access to the Sites for any or no reason at any time without notice.
We Animals hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Sites, subject to your complete compliance with these Terms and any and all other terms and policies set forth on or in the Content and/or the Sites, only for as long as such Content or Sites are made available by us. Notwithstanding the foregoing, the license to the Sites does not include any license to the Works.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to use the Content or any other We Animals-owned or licensed intellectual property, whether by estoppel, implication or otherwise. You may not do or allow anyone else to do anything with the Content which is not specifically permitted under these Terms.
“We Animals Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, and other designations We Animals uses in connection with its products and services. You may not remove or alter any We Animals Trademarks, or co-brand your own products or material with any We Animals Trademarks, without We Animals’ prior written consent, which can be granted or denied at We Animals’ sole discretion. You acknowledge We Animals’ rights in the We Animals Trademarks, and you agree not to incorporate any We Animals Trademarks into your trademarks, service marks, company names, Internet addresses, domain names or any other similar designations, for use on or in connection with your or any third party’s products, services or information.
You acknowledge that you do not acquire any ownership rights in or to the Sites or the Content by using the Sites or Content.
We Animals will grant you a licence according to the intended use you specify upon download. See information about our licenses here.
All information we collect on the Sites is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.
In the event you have any dispute with one or more third parties as a result of your use of the Sites, or are in any way damaged as a result of any third party in connection therewith, you hereby release and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against We Animals, We Animals’ affiliates, officers, directors, employees, agents, representatives and suppliers from, for any claims, actions, demands or damages (whether direct, indirect, special, incidental or consequential), of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.
These Terms shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the law of Ontario, without regard to conflicts of law provisions thereof. You agree that exclusive jurisdiction and venue of any dispute with We Animals or its licensors, or any of their respective affiliates, officers, directors, employees, contractors, agents, representatives or suppliers, arising out of or in any way relating to these Terms or your use of or inability to use the Sites, services, or Content shall reside in the federal and state courts serving the city of Toronto, Ontario. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.