Acceptance of Terms Through Use

Before using www.texaslivingwaters.org (the “Site”) please read the following terms carefully. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS. The Texas Living Waters Project may revise these terms from time to time. If you continue to use our Site after we post changes to these terms, it will mean that you accept such changes.

Use of Materials on This Site

This Site is owned by the National Wildlife Federation as fiscal sponsor of Texas Living Waters Project (“TLWP”). NWF and TLWP maintain this Site for your personal, educational, non-commercial purposes. Certain pages may feature online ordering capabilities. You must be 18 years of age or older to place an order with this service. All materials on this Site, including, but not limited to, artwork, photographs, maps, data, text, trademarks, service marks, and logos (“Content”) are the exclusive property of NWF or TLWP or our contributors and are copyrighted. No portion of the Content may be copied, downloaded, reproduced, reused, distributed, transmitted, or modified for any purpose without NWF’s express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, and other applicable laws.

To request authorization to use any Content displayed on the Site, please send a message to: info@texaslivingwaters.org using the subject “reprint permission.” Failure to reply to any request to use any Content Site is NOT an implied or explicit permission to use such materials.

Copyright Complaints

NWF and TLWP respect the intellectual property of others. If you believe that your copyrighted work has been copied on the Site or any platform or list serv in a way that constitutes copyright infringement, please notify us by following our Procedure for Making Claims of Copyright Infringement (see bottom of page).

Trademark Information

The trademarks, service marks, trade names and logos (“Marks”) displayed on this Site are registered and unregistered trademarks of TLWP, its related entities National Wildlife Federation, Sierra Club and Galveston Bay Foundation, or third party contributors. You may not, under any circumstance, use any Mark for any purpose without the prior written permission of the owner of the Mark in question.

Outside Links

We provide hyperlinks from the Site to third party sites as a convenience to users. We do not endorse such third parties or the contents of any such sites. We have no control over, make no representation or warranty and disclaim all liability with respect to such sites.

Comment Threads/List Servs

This Site may include comment threads and list servs (hereinafter “engagement mediums”) which allow feedback to TLWP and real time interaction between users. NWF and TLWP do not control the content or files delivered to the engagement mediums. In using these interactive services, you agree that you will not post, transmit, or otherwise distribute or facilitate distribution of any content that:

• Is unlawful, harassing, defamatory, libelous, invasive of another’s privacy, or tortious, contains content of a sexual nature, or uses vulgar language;
• Victimizes, harasses, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Infringes on the intellectual property or other proprietary right of any party;
• Constitutes unauthorized or unsolicited advertising, junk or bulk email, spam mail, chain letters, or any other form of unauthorized solicitation;
• Contains software viruses, worms, or any other computer code, files, or programs that are designed or intended to disrupt or damage any software, hardware, or telecommunications equipment or to obtain unauthorized access to any third party data or other information.

You also agree that you will not collect information about the users of this Site or use such information for any purpose. In addition, you agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 years of age). Personal information includes, but is not limited to, name, nick name, address, phone number, email address, or name of their school.

NWF and TLWP generally do not monitor or edit the content posted by users of the engagement mediums. NWF and TLWP reserve the right, in its sole discretion, to remove any content that, in NWF or TLWP’s judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. NWF and TLWP are not responsible for any failure or delay in removing such content.

Disclaimer

TLWP, its affiliated entities National Wildlife Federation, Sierra Club and Galveston Bay Foundation, and their respective directors, officers, employees, and agents (the “TLWP Parties”) assume no responsibility for, and offer no warranties or representations regarding, the accuracy, reliability, completeness, or timeliness of any Content. Your use of this Site and Content is at your own risk. Under no circumstances shall the TLWP Parties be liable for any damages, including, without limitation, direct, incidental, special, consequential, indirect, or punitive damages, lost profits, lost data, or business interruption arising out of or your access to, inability to access, or use of, the Site even if the TLWP Parties have been advised of the possibility of such damages. The TLWP Parties do not warrant that this Site will be uninterrupted or error free or that this Site, the Content, or the Site’s server are free of virus. If your use of this Site or the Content results in the need for servicing or replacing property, material, equipment, or data, the TLWP Parties are not responsible for those costs.

Without limiting the foregoing, this Site, the software, products, services, and the Content are provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NOT INFRINGEMENT. In jurisdictions that prohibit or limit warranty or liability disclaimers, the liability of the TLWP Parties shall be limited to the fullest extent allowed by law.

General Provisions

NWF and TLWP may revise these terms from time to time with the revised term taking effect as of the date of its posting. If any term is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.

These terms shall be construed according to the laws of the Commonwealth of Virginia, United States of America, without regard to conflict of law principles. Commonwealth of Virginia courts have exclusive jurisdiction to resolve any claims or disputes relating to this Site or the Content, and you hereby consent to the exclusive jurisdiction of such courts. Any claim or cause of action you may have with respect to this 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.

NWF and TLWP reserve the right to terminate your access to all or part of this Site, with or without notice.

Failure of NWF or TLWP to enforce any of these terms shall not constitute a waiver of such terms or any other terms. No waiver or consent shall be effective against NWF or TLWP unless in writing and no such waiver or consent shall be construed as a waiver or consent in any other or subsequent instance.

Procedure for Making Claims of Copyright Infringement

NOTE: This information is only to be used for reporting copyright infringement. All other inquiries, such as requests for technical assistance or reprint permission should be directed to info@texaslivingwaters.org.

If you believe that you hold a claim of copyright infringement against NWF or TLWP, please send notice of your claim to the following designated agent:

Service Provider: Texas Living Waters Project

Address to Which Notification Should Be Sent – 505 E. Huntland Dr, Ste 485, Austin TX 78752 attention: Tom Spencer, Program Director

To be effective, notification of your claim of copyright infringement must be in writing and must include the following information:

1. Description of the copyrighted work that you claim has been infringed.
2. Location where the original or an authorized copy of the copyrighted work may be found. For example, web site URL or name of the book in which the work is published.
3. Identification of the material that you claim is infringing.
4. Location (for example, the URL) where the material that you claim is infringing may be found. You must include enough information that is reasonably sufficient to permit NWF to locate the material.
5. Information reasonably sufficient to permit NWF and TLWP to contact you, including your name, address, telephone number, fax number, and, if available, email address.
6. 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.
7. A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are either the copyright owner of the allegedly infringed work or are authorized to act on the copyright owner’s behalf.
8. Your signature. The signature may be either physical or electronic.