LEARN ABOUT CREATURES

Eligibility

You may not use Local Biology if you are under 13.

If you are UNDER 13, you should work with your parent, guardian or teacher to use the web site.

If you are between the ages of 13 and 17, we strongly suggest that you seek parental consent to use Local Biology. If you are required to register as a sex offender in any jurisdiction, you may not use the Local Biology.

Registration; Account Security

When you register for and use the Local Biology, you will be asked to provide information about yourself ("Profile"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.

Prohibited Conduct

By using or accessing Local Biology, you represent, warrant and agree that you will not:

* do anything that could disable, overburden or impair the proper working of Local Biology;
* use any robot, spider, scraper or other automated means to access Local Biology, unless you are accessing an RSS feed;
* send spam or any other unauthorized advertisements or solicitations through or using Local Biology;
* harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of Local Biology without consent from such users;
* solicit private information (including social security numbers, credit card numbers and passwords) from users of Local Biology;
* provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization;
* use your profile (as opposed to a Page) for any commercial purpose;
* offer any contest, sweepstakes, coupon or other promotion through Local Biology without our prior written consent;
* use an iFrame or offer web search functionality on Local Biology;
* intimidate or harass any user;
* do anything that is illegal, infringing, fraudulent, malicious or could expose Local Biology users to harm or liability; or
* attempt, encourage or facilitate any of the above.

User Content

By using or accessing Local Biology, you represent, warrant and agree that you will not Post:

* User Content that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);
* any Contact Information or private information of any third party;
* false, misleading or fraudulent information;
* any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
* alcohol-related or other mature content on Pages on Local Biology that have not set appropriate age based restrictions (based on the country in which the page will be viewable); or
* User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.

Local Biology does not pre-screen, review, edit or approve any User Content. Local Biology may, in its sole discretion, remove or disable access to any Profile.

"Profile" means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through Local Biology. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through Local Biology.

IP Complaints

We respect the IP rights of others and we prohibit users from Posting User Content that violates another party's IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing User Content. We also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that User Content on Local Biology infringes your IP rights, please visit our How to Report Claims of Intellectual Property Infringement page. All IP claims can be made through that page, including any copyright claims, which will be handled in accordance with the Digital Millennium Copyright Act. If you are a user whose User Content was removed due to alleged copyright infringement, and you believe the removal was mistaken, please visit our How to Appeal Claims of Copyright Infringement page.

We respect the privacy rights of third parties, and you must do so as well on Local Biology.

If you collect, access or use information relating to any user of Local Biology (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not Local Biology.
Ownership; Proprietary Rights

Except for User Content, all materials, content and trademarks on Local Biology are the property of Local Biology and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws.

Except as expressly authorized by Local Biology in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.

Licenses

You are solely responsible for the User Content that you Post on or through Local Biology. You hereby grant Local Biology an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with Local Biology or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with Local Biology or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

If you own or control a website, you may place Local Biology's share link button, logo and/or text (a "Share Link"), including all trademarks therein, on your website for the sole purpose of enabling users to Post links or content from your website on Local Biology. By offering a Share Link on your website, you agree, represent and warrant that you will not place a Share Link on any page containing content that would violate these Terms if Posted on Local Biology. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all Share Links from your website.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Local Biology ("Submissions"), are non-confidential and non-proprietary. Local Biology will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Disputes; Complaints

You agree not to hold Local Biology responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to Local Biology. This includes transactions conducted on Local Biology as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to Local Biology, you release Local Biology and its directors, officers, employees and agents (collectively, the "Local Biology Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

If you believe that Local Biology or Local Biology's business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of Local Biology at webperson@localbiology.org. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that Local Biology is unfair, fraudulent or unlawful with respect to that issue.

Indemnity

You agree to indemnify and hold Local Biology Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of Local Biology or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. Local Biology reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Local Biology, and you agree to cooperate with Local Biology's defense of these Claims.

General Disclaimers

USE OF THE LOCAL BIOLOGY IS AT YOUR OWN RISK. LOCAL BIOLOGY AND ALL FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH LOCAL BIOLOGY ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LOCAL BIOLOGY, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, LOCAL BIOLOGY, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT LOCAL BIOLOGY WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT LOCAL BIOLOGY OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LOCAL BIOLOGY IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH LOCAL BIOLOGY (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL LOCAL BIOLOGY ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE LOCAL BIOLOGY, THE LOCAL BIOLOGY WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH LOCAL BIOLOGY, EVEN IF LOCAL BIOLOGY OR A LOCAL BIOLOGY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LOCAL BIOLOGY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF LOCAL BIOLOGY ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF LOCAL BIOLOGY, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF LOCAL BIOLOGY (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO LOCAL BIOLOGY DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.

Termination and Changes to Local Biology

We may terminate your account on Local Biology, delete your profile and any User Content you have Posted on or through Local Biology, and/or prohibit you from using or accessing Local Biology (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of Local Biology at any time without notice. The following sections will survive any termination of your use of Local Biology: Prohibited Conduct, User Content, Your Privacy Practices, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to Local Biology, Arbitration, Governing Law; Venue and Jurisdiction and Other.

Other

The "Local Biology Service" means the features, services and properties that Local Biology makes available through (a) www.localbiology.org or any other Local Biology-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the Local Biology Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from Local Biology at the email address you provide in registering for Local Biology or otherwise elect in your account settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of Local Biology.