Terms and Conditions

HIGHLIGHTS

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Information you upload or post to Discover Nature Apps may be seen by others

We want your feedback on Discover Nature Apps but if you give it to us you don’t own it if we use it

No warranties are made by Discover Nature Apps and Discover Nature Apps is not liable for your activities connected with the site or app

Discover Nature Apps can cancel your account if you misbehave

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TERMS OF USE

This site and the mobile applications and services available in connection with this site (the Site) are made available to you by Discover Nature Apps, (Discover Nature Apps) subject to these terms and conditions, including those set forth in the Discover Nature Apps Privacy Policy (the Terms). By accessing, using or downloading any materials from the Site or App, you agree to follow and be bound by the Terms, which may be updated by Discover Nature Apps from time to time without notice to you. You can review the most current version of the Terms at any time at Terms of Use. Discover Nature Apps and its third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this Site at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this Site. The Site is not intended for and is not designed to attract children under 13 years of age. If you do not agree with the Terms, please do not use this Site. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.

Discover Nature Apps reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or App or any portion thereof with or without notice. You agree that Discover Nature Apps shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or App or any portion thereof.

REGISTRATION

To use some of the services available within the App or on the Site, you must complete the membership registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (User Data) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that Discover Nature Apps may use your User Data to provide services within the App of on the Site for which you have expressed interest. If you provide any information that is inaccurate or not current, or Discover Nature Apps has reasonable grounds to suspect that such information is inaccurate or not current, Discover Nature Apps has the right to suspend or terminate your account and refuse any and all current or future use of the App or Site. In consideration of your use of the App or Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.

USER CONDUCT

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer or mobile device while logged into the App or Site. You accept responsibility for all activities that occur under your account or from your mobile device or computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third party hackers from illegally accessing the App or Site or its contents. You agree to immediately notify Discover Nature Apps of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to Discover Nature Apps.

You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately transmitted, available in connection with the App or Site are the sole responsibility of the person from whom such Content originated. This means that you, and not Discover Nature Apps, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the App or Site. Discover Nature Apps does not control or monitor the Content posted to the Site by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. While we have put in place measures to minimize the potential for objectionable material you understand that by using the App or Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Discover Nature Apps be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the App or Site.

You agree to not use the App or Site to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Discover Nature Apps official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;(h) interfere with or disrupt the App or Site or servers or networks connected to the App or Site, or disobey any requirements, procedures, policies or regulations of networks connected to the App or Site; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the App or Site or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Site.

You acknowledge that Discover Nature Apps may or may not pre-screen or monitor Content, but that Discover Nature Apps and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the App or Site. Without limiting the foregoing, Discover Nature Apps and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the App or Site, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that Discover Nature Apps may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Discover Nature Apps, its users and the public. Subject to the foregoing, Discover Nature Apps will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.

The App and Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit,display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the App or Site, use of the App or Site or access to the App or Site.

CONTENT SUBMITTED TO THE APP OR SITE

Discover Nature Apps does not claim ownership of Content you may submit or make available for inclusion on the App or Site. However, with respect to Content you submit or make available for inclusion on the App or Site (other than User Data or Payment Method information), you grant Discover Nature Apps a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the App or Site for the purposes of providing and promoting the App or Site and the features and services available on the App or Site.

The App or Site may provide you with the option of making certain Content that you submit to the App or Site as private or available only to select users of the App or Site. If, upon submission of Content to the App or Site, you initially elect to mark such Content as private or available for a limited group of users, Discover Nature Apps will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made generally available, Discover Nature Apps can not and does not guarantee the privacy of such Content.

DEALINGS WITH THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS

Third party product and service offerings made available for purchase by you on the App or Site are made and offered directly by the applicable third party service provider or advertiser.When you purchase any such product or service offering through the App or Site, you acknowledge that you are contracting directly with the applicable third party service provider or advertiser and not with Discover Nature Apps. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the App or Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. Although we are interested in receiving feedback regarding our third party service providers and advertisers and their products and services, and may from time to time assist you in your dealings with such third party service providers and advertisers, Discover Nature Apps is not responsible for the performance or nonperformance of any third party service provider or advertiser. You are in no way obligated to use or transact business with any particular third party service provider or advertiser that appears on the Site. YOU AGREE THAT Discover Nature Apps SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE ON THE SITE.

LINKS

The App or Site may provide, or third parties may provide, links to other Internet sites or resources. Because Discover Nature Apps has no control over such sites and resources, you acknowledge and agree that Discover Nature Apps is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.

You are granted a limited, non-exclusive-right to create a text hyperlink to the Site, provided such link does not portray Discover Nature Apps or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Site for your personal, non-commercial use, solely as described on the Site. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

INTERACTIONS WITH APP OR SITE USERS

The App and Site functions as a venue to connect members in a virtual information place. As a neutral facilitator, Discover Nature Apps is not directly involved in the actual transactions between members of the App or Site. As a result, Discover Nature Apps has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the App or Site. Discover Nature Apps shall have no responsibility to confirm the identity of members.Discover Nature Apps shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the App or Site. You shall at all time exercise common sense and good judgment when dealing with any user of the App or Site.

ELECTRONIC COMMUNICATIONS

The App or Site may provide you with the ability to send e-mails, post messages to user forums, enter chat rooms, speak via Internet voice connections or send similar messages and communications to third party service providers, advertisers, other users and/or Discover Nature Apps. You agree to use communication methods available on the App or Site only to send communications and materials related to the subject matter for which Discover Nature Apps provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using any of the communications methods available on the App or Site, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Discover Nature Apps (unless expressly stated otherwise by Discover Nature Apps) and (c) communications are not pre reviewed, post-reviewed, screened,archived or otherwise monitored by Discover Nature Apps in any manner, though Discover Nature Apps reserves the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

PHOTO CONTESTS

Photo contests are open to all photographers except employees and board members of the organizations sponsoring the contest (ORGANIZATIONS). Entry to this contest constitutes agreement to allow your (PARTICIPANT) photographs and name to be published in connection with ORGANIZATIONS events, publications and on-line promotion. PARTICIPANTS retain ownership and all other rights to use of their photographs. The ORGANIZATIONS shall have the right to verify, in their sole judgment, winner eligibility. The ORGANIZATIONS reserve the right to add or remove categories, number of places, type of prizes awarded, etc. at their sole discretion.

Discover Nature Apps is not involved in the administering, judging, or awarding of prizes in any of the photo contests that take place through their app and website.

Apple is not a sponsor nor is it involved in any way with the Photo Contests administered by the Organizations.

LEGAL CONDITIONS: BY ENTERING ANY OF THESE AWARDS COMPETITIONS, PARTICIPANT AGREES TO CERTAIN LEGAL CONDITIONS. BY ENTERING, PARTICIPANT RELEASES AND HOLD HARMLESS THE ORGANIZATIONS ADMINISTERING THE CONTESTS, THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LIABILITY FOR ANY INJURIES, LOSS, CLAIM, ACTION, DEMAND OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZE WON, ANY MISUSE OR MALFUNCTION OF ANY PRIZE AWARDED, PARTICIPATION IN ANY ORGANIZATION-RELATED ACTIVITY.

PARTICIPANT AGREES THAT ANY AND ALL DISPUTES THAT CANNOT BE RESOLVED WITH THE ORGANIZATIONS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE ORGANIZATIONS, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, BEFORE A COURT OF COMPETENT JURISDICTION LOCATED IN THE STATE THE ORGANIZATION RESIDES, WHICH COURT SHALL APPLY THE LAWS OF THAT STATE WITHOUT REGARD FOR RULES OF CONFLICTS OF LAW. IN ANY SUCH DISPUTE, PARTICIPANT SHALL, UNDER NO CIRCUMSTANCES, BE ENTITLED TO CLAIM PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYSÕ FEES, OTHER THAN PARTICIPANTS ACTUAL OUT-OF-POCKET EXPENSES (IF ANY) ASSOCIATED WITH PARTICIPATING IN THE ORGANIZATIONÕS PHOTO CONTEST. PARTICIPANT HEREBY WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.

THE ORGANIZATIONS ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE ORGANIZATION PHOTO CONTEST, OR BY ANY TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE PROCESSING OF SUBMISSIONS TO THE CONTEST, INCLUDING BUT NOT LIMITED TO ANY MISPRINTS OR TYPOGRAPHICAL ERRORS. THE ORGANIZATIONS ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES. THE ORGANIZATIONS ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER EQUIPMENT, SERVERS, PROVIDERS, COMPUTER ON-LINE SYSTEMS, SOFTWARE, OR FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO PARTICIPANTÕS OR TO ANY OTHER PERSONÕS COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR UPLOADING IMAGES OR INFORMATION IN THE CONTEST.

IF, FOR ANY REASON, THE CONTEST IS NOT CAPABLE OF COMPLETION AS PLANNED, INCLUDING BY REASON OF INFECTION BY COMPUTER VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES OR ANY OTHER CAUSES BEYOND THE CONTROL OF THE ORGANIZATIONS THAT CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY OR PROPER CONDUCT OF THE AWARDS, THE ORGANIZATIONS RESERVE THE RIGHT AT THEIR SOLE DISCRETION TO CANCEL, TERMINATE, MODIFY OR SUSPEND THE CONTEST.

IN NO EVENT WILL THE ORGANIZATIONS, THEIR SUBSIDIARIES, AFFILIATES AND RELATED COMPANIES, THEIR ADVERTISING AND PROMOTIONAL AGENCIES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPANTÕS ACCESS TO AND USE OF THE ORGANIZATIONS WEBSITES OR THE DOWNLOADING OR UPLOADING AND/OR PRINTING OF MATERIAL FROM SAID SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE ORGANIZATIONS SITES ARE PROVIDED ÒAS ISÓ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE PARTICIPANT.

CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

PROPRIETARY RIGHTS

You acknowledge and agree that the App or Site, any necessary software used in connection with the App or Site (if any) and any Content available on the App or Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Discover Nature Apps or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App or Site, the software or Content available on the App or Site (other than Content that you may submit), in whole or in part.

Discover Nature Apps grants you a personal, non-transferable and nonexclusive right and license to access and use the App or Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App or Site. You agree not to access the App or Site by any means other than through the interface that is provided by Discover Nature Apps for use in accessing the App or Site.The term Discover Nature Apps, the Discover Nature Apps logo and other Discover Nature Apps logos and product and service names are the exclusive trademarks of, and are owned by, Discover Nature Apps, and you may not use or display such trademarks in any manner without Discover Nature Apps’s prior written permission. Any third party trademarks or service marks displayed on the App or Site are the property of their respective owners.

Discover Nature Apps reserves all rights not expressly granted hereunder.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you have reason to believe any part of the Content of the App or Site infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any App or Site by any user who is alleged to have posted infringing materials or a link to infringing materials on the App or Site and to immediately remove or disable the allegedly infringing Content or link.

If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (a) any Content displayed on the App or Site infringes your copyright or (b) any link posted on the App or Site links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable App or Site; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the copyright owner), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and must be addressed as follows:

Copyright Agent

c/o Discover Nature Apps, 4429 Bradley Lane

Chevy Chase, MD 20815

E-mail:support@DiscoverNatureApps.com

YOUR FEEDBACK

We welcome your comments, feedback, suggestions, and other communications regarding the App or Site and the information and services we make available through the App or Site (collectively, Feedback). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to Discover Nature Apps a worldwide, non-exclusive, transferrable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Discover Nature Apps any Feedback that you do not wish to license to us as set forth above.

DISCLAIMER OF WARRANTIES AND LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE APP OR SITE IS PROVIDED TO YOU AS IS AND WITHOUT WARRANTY. DISCOVER NATURE APPS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. DISCOVER NATURE APPS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOURREQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (E) ANY ERRORS IN THE APP OR SITE WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE APP OR SITE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF DISCOVER NATURE APPS OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE TO RELEASE DISCOVER NATURE APPS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE RELEASED PARTIES) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE APP OR SITE, (B) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY DISCOVER NATURE APPS WHILE ENGAGED IN ACTIVITIES, (C) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE APP OR SITE, (D) ANY DELAY OR INABILITY TO USE THE APP OR SITE EXPERIENCED BY YOU, (E) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE APP OR SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF DISCOVER NATURE APPS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold Discover Nature Apps and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the App or Site, your use of the App or Site, your activities which generate the Content you post or seek to post on the App or Site (including, but not limited to, activities in connection with any events which Discover Nature Apps sponsors, organizes, participates in, or whose App or Site is used in connection with), your connection to the App or Site, your violation of the Terms, or your violation of any rights of another person or entity.

TERMINATION

You agree that Discover Nature Apps may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the App or Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (selfinitiated account deletions), (d) discontinuance or material modification to the App or Site (or any portion thereof),(e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the App or Site. Termination of your account may include (x) removal of access to all offerings within the App or Site, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the App or Site. Further, you agree that all terminations for cause shall be made in Discover Nature Apps’s sole discretion and that Discover Nature Apps shall not be liable to you or any third party for any termination of your account or access to the App or Site.

APPLICABLE LAWS

This App or Site is controlled by >Discover Nature Apps from its offices within the United States of America. Discover Nature Apps makes no representation that the Content in the App or Site or the App or Site are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this App or Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any action related to the App or Site, the Content or the Terms shall be governed by California law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Santa Clara County, California for any legal proceedings related to the App or Site or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the App or Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 9, 11, 12, 13, 15 and 16 shall survive termination of your account and/or the Terms.

GENERAL

You agree that no joint venture, partnership, employment or agency relationship exists between you and Discover Nature Apps as a result of the Terms or your use of the App or Site. The Terms constitute the entire agreement between you and Discover Nature Apps with respect to your use of the App or Site. The failure of Discover Nature Apps to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Discover Nature Apps. Discover Nature Apps has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the App or Site. Discover Nature Apps’s notice to you via email, regular mail or notices or links on the App or Site shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

SUPPORT AND QUESTIONS

We will provide support to you related to the App or Site via the following methods:

Website (http://support.DiscoverNatureApps.com)

Email (support@DiscoverNatureApps. com)

We strive to respond to support requests within 48 hours after the request is placed.

If you have any questions regarding these Terms, please contact us by email at support@DiscoverNatureApps.com.

2014 Discover Nature Apps

Discover Nature Apps — Find. Nature. Fun!

©2014 Discover Nature Apps. All rights reserved.

 

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