Effective May 23rd, 2018
Please Read Carefully Before Using This Website:
SAVE THE FROGS! grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms. Users under 18 years of age are not eligible to use the Services without consent. Users under the age of 18 can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. SAVE THE FROGS! reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Services at any time for any reason without liability.
(1) Account Registration and Use License:
While portions of the Services are freely accessible, in order to access and use all of the features of the Services, User is required to become a member of SAVE THE FROGS! and open an account (“User Account”). When you register for your User Account you must provide true, accurate, complete, current information (“Account Info”), and you agree to update the Account Info in order to ensure that it is current. Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms, SAVE THE FROGS! hereby grants to you the personal, non-transferable right and license to use the Service, solely for your own non-commercial purposes, until such time as either you or SAVE THE FROGS! elect to terminate such right in accordance with these Terms. You may use your User Account for the Service only in accordance with these Terms and only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Services.
As an express condition of being permitted to open a User Account, you represent and warrant that you (a) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (b) are not on a list of persons barred from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction.
Upon registration on the website, you will provide SAVE THE FROGS! with a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify SAVE THE FROGS! of any suspected or actual unauthorized use of your User Account. You agree that SAVE THE FROGS! will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.
SAVE THE FROGS! websites are not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
(1) use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
(2) post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people being hurt or degraded;
(3) spam the comments sections or other Users with offers of goods and services or inappropriate messages;
(4) engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
(5) take any action that imposes, in SAVE THE FROGS!’ sole discretion, an unreasonable load on SAVE THE FROGS!’ infrastructure;
(6) represent products created by others as your own creation, or act as a reseller of other’s products;
(7) decrease the likelihood of SAVE THE FROGS! accomplishing our mission (to protect amphibian populations and to promote a society that respects and appreciates nature and wildlife).
SAVE THE FROGS! reserves the right to remove and terminate User Accounts for such activities.
SAVE THE FROGS! works in good faith to use Donations to assist us in achieving our amphibious mission as rapidly as possible and to achieve the goals of any associated campaigns. Donors are solely responsible for asking questions and investigating SAVE THE FROGS! to the extent they feel is necessary before making a Donation. All Donations are made voluntarily and at the sole discretion of the Donor. Donors are solely responsible for determining how to treat their Donation and receipt of any Perks for tax purposes. Donations are non-refundable.
If User chooses to raise funds to donate to SAVE THE FROGS!, User acknowledges that their fundraising activities are done of their own free will, independently of SAVE THE FROGS!, in accordance with any local, state or federal regulations applicable to their geographical area, and without any direct SAVE THE FROGS! endorsement or participation.
Usage of much of the Site is free but SAVE THE FROGS! offers access to restricted portions of the Site to our Members. Memberships are made available to the public on occasion on either Subscription (monthly or annual plans) or financially-assisted Scholarship basis. Changes to Memberships are effective after we post notice of the changes on the Services and are applied to Memberships after the notice is posted. To the extent you have a subscription-based membership, the modified terms will be effective as to such subscription upon your next subscription renewal. In this case, if you object to the updated terms, as your exclusive remedy, you may choose not to renew, including canceling any Terms set to auto-renew. SAVE THE FROGS! uses the membership platform software created and managed by Thinkific Labs, a Canadian company.
Refunds, Upgrading and Downgrading:
Refunds for Memberships are provided for the previous billing amount within 30 days of payment if the User emails firstname.lastname@example.org requesting a refund. Any upgrade or downgrade in your Service use will result in the new fees being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles. Downgrading your Service may cause the loss of features or capacity of your User Account and SAVE THE FROGS! does not accept any liability for such loss.
Cancellation and Termination:
You are solely responsible for properly canceling your User Account. An email, mail, or phone request to cancel your User Account is not considered cancellation. You can cancel your User Account at any time through your user dashboard. The settings screen provides a simple no-questions-asked cancellation link. If you cancel your User Account before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again.
Termination and Suspension by SAVE THE FROGS!:
SAVE THE FROGS! may terminate your User Account and/or these Terms at any time and for any reason upon notice to you. We may also suspend our Service to you at any time, with or without cause. If we terminate your User Account without cause, we will refund a prorated portion of your monthly prepayment. We will not refund or reimburse you if we terminate your User Account for cause, including (without limitation) for a violation of these Terms.
Effect of Termination
If you do not log in to your User Account for 12 or more months, we may treat your User Account as “inactive” and permanently delete the User Account and all the data associated with it. Once your User Account is terminated, we may permanently delete your User Account and any or all User Content associated with it. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms. All sections of this Agreement which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
The information, materials (including, without limitation, audio, video, HTML, text, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on the Site and/or the Service, excluding Third Party Content (collectively, “SAVE THE FROGS! Content”), are the copyrighted works of SAVE THE FROGS! and SAVE THE FROGS! expressly retains all rights, title and interest in and to the SAVE THE FROGS! Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms, any use of the SAVE THE FROGS! Content may violate copyright and/or other applicable laws.
SAVE THE FROGS! grants Users the limited, revocable, non-transferable, non-exclusive right to use the SAVE THE FROGS! Content by displaying the SAVE THE FROGS! Content on User’s computer, and downloading and printing pages from the Site containing SAVE THE FROGS! Content, under the condition that:
(a) Such activity is solely for your personal, education or other noncommercial use;
(b) User does not modify or prepare derivative works from the SAVE THE FROGS! Content;
(c) User does not obscure, alter or remove any notice of copyright set forth on any Site pages or SAVE THE FROGS! Content, and
(d) User does not otherwise reproduce, re-distribute or publicly display any of the SAVE THE FROGS! Content unless with specific intent to further the SAVE THE FROGS! mission of protecting amphibian populations and promoting a society that respects and appreciates nature and wildlife.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, “User Content”). Users grant SAVE THE FROGS! a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and SAVE THE FROGS!, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
SAVE THE FROGS! reserves the right, but is not obligated, to monitor use of the Services, and to investigate and take appropriate legal action against any party that uses the Services in violation of these Terms or applicable law. SAVE THE FROGS! reserves the right to accept, reject or modify any User Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any User Content.
Website users are not permitted to do any of the following, unless with express written consent from SAVE THE FROGS! (or in adherence to the exceptions stated further down this section):
Exceptions to the above are as follows:
Requests for usage of the SAVE THE FROGS! logo, name and branding elements should be directed to: email@example.com
SAVE THE FROGS! strives for security and privacy of our Users personal information and occasionally collects and stores information (“data”) submitted by Users including name, email address, mailing address, phone, social media accounts and interests. Data is stored via secure third-party apps such as Dropbox, Backblaze, ActiveCampaign, Quip, Slack and Airtable, which have GDPR and data protection policies. User can email the SAVE THE FROGS! Data Protection Officer at firstname.lastname@example.org at any point requesting that SAVE THE FROGS! sends User their User data or requesting deletion of User’s data. SAVE THE FROGS! does not store printed paper versions of user data. SAVE THE FROGS! maintains the security of its Site using SSL (secure socket layer) technology. SAVE THE FROGS! uses Gmail to send and receive emails and ActiveCampaign to send emails.
SAVE THE FROGS! uses third-party payment processors PayPal and Stripe, Inc. (“Stripe”) to process financial transactions, and can accept bitcoin. Contributors that use PayPal to transfer funds to SAVE THE FROGS! acknowledge and agree to comply with PayPal’s policies. Credit card payment processing services using Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). As a condition to SAVE THE FROGS! enabling credit card payment processing services through Stripe, you agree to provide SAVE THE FROGS! accurate and complete information about you and/or your business, and you authorize SAVE THE FROGS! to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services. SAVE THE FROGS! does not store any credit card details.
Each User agrees to defend, indemnify and hold harmless SAVE THE FROGS!, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. SAVE THE FROGS! may assume the exclusive defense and control of any matter for which Users have agreed to indemnify SAVE THE FROGS! and each User agrees to assist and cooperate with SAVE THE FROGS! in the defense or settlement of any such matters.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by SAVE THE FROGS! without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but SAVE THE FROGS! may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that:
(a) the Services shall be deemed solely based in California (the principal place of business and corporate headquarters of SAVE THE FROGS!); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over SAVE THE FROGS!, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles.
SAVE THE FROGS! and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User’s claims otherwise qualify for adjudication in that court. SAVE THE FROGS! and User manifest their assent to arbitrate by providing and using the Services. Arbitrable claims are those that SAVE THE FROGS! asserts against User, and that User asserts against SAVE THE FROGS!, any related or affiliated entity, and the officers, directors, agents or employees of any of them. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If for any reason the FAA is inapplicable, the law of arbitrability of the state of User’s principal place of business shall apply. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would, and the same law of remedies.
To begin an arbitration proceeding against SAVE THE FROGS! or a related party, a User must send a letter requesting arbitration and describing the claim to SAVE THE FROGS!’ registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under the rules applicable to the claim asserted, including but not limited to the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. SAVE THE FROGS! will supply a printed copy of the rules upon a User’s request. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the AAA’s rules. San Francisco, California is the sole proper venue for arbitration; provided, however, that the arbitrator once selected shall have the authority to order the parties to arbitrate in a different venue for good cause shown, applying federal law for transferring venue on grounds of forum non conveniens. If, notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in the City and County of San Francisco, California. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the nonprevailing party all of its reasonable attorneys’ fees and costs.
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree SAVE THE FROGS! may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
SAVE THE FROGS! welcomes comments or suggestions to improve the Services. However, to avoid future misunderstandings when new products, services and features developed internally by SAVE THE FROGS! might be similar or even identical to a submission received by SAVE THE FROGS!, the following policy applies to all third party User submissions to SAVE THE FROGS! of ideas, comments, suggestions, proposals or materials:
(a) all submissions shall be considered non-confidential and non-proprietary;
(b) SAVE THE FROGS! will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality);
(c) SAVE THE FROGS! shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User; and
(d) SAVE THE FROGS! will not be liable for any use or disclosure of any submission.
These Terms are the entire agreement between each User and SAVE THE FROGS! regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. SAVE THE FROGS!’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. These Terms supersede all prior or contemporaneous discussions, proposals and agreements between you and SAVE THE FROGS! relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms will be effective unless in writing and signed by an authorized representative of both parties. SAVE THE FROGS! may alter the Terms at any time, so please review them frequently. If a material change is made, SAVE THE FROGS! may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A “material change” will be determined at SAVE THE FROGS!’ sole discretion, in good faith, and using common sense and reasonable judgment.
As a condition of your right to use the Services, you agree to respect the intellectual property rights of others. Accordingly, you agree not to upload or post to the Services any copyrighted materials, trademarks or other proprietary information belonging to any third party without the prior written consent of the applicable third party. You acknowledge that SAVE THE FROGS! will terminate your access to the Site and/or the Service if you repeatedly infringe the copyright of third parties.
If you believes that your copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the “DMCA”) or that any User Content infringes such User’s intellectual property rights and is accessible the Services, please notify SAVE THE FROGS! at: email@example.com
“Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, you (the “Complainant”) must provide the following information in writing (the “Notice of Infringement”):
(1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SAVE THE FROGS! to locate the material.
(4) information reasonably sufficient to permit SAVE THE FROGS! to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
(5) a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to SAVE THE FROGS! by mail and email to the following addresses:
SAVE THE FROGS!
1968 S Coast Hwy Suite 622
Laguna Beach CA 92651
If any User (the “Respondent”) believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the “Counter Notice”), including the following information within five business days from receipt of the Notice of Infringement:
(1) a physical or electronic signature of the Respondent;
(2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(3) a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
(4) the name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.
Upon receipt of the Counter-Notice, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that SAVE THE FROGS!, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter-Notice, unless SAVE THE FROGS! receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.
SAVE THE FROGS! WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
In accordance with the DMCA and other applicable laws, SAVE THE FROGS! has adopted a policy of terminating, in appropriate circumstances and at SAVE THE FROGS!’ sole discretion, repeat infringers.
As with many websites, SAVE THE FROGS! uses third-party website analytics and marketing software to collect information about website usage. In particular SAVE THE FROGS! uses “Google Analytics”, whose data protection policy you can read about at https://support.google.com/analytics/answer/6004245 and Statcounter (www.statcounter.com), from which you can refuse cookie usage at http://statcounter.com/about/set-refusal-cookie as well as Facebook Retargeting which you can read about at: https://www.facebook.com/policies/ads
You agree not to violate or attempt to violate the security of the Services, including, without limitation, the following:
Violations of the Site’s, the Service’s or SAVE THE FROGS!’ system or network security may result in civil or criminal liability.
SAVE THE FROGS! operates or controls the operation of this Site and the Services from the USA. In addition, the Site and the Service may be mirrored, and other websites operated or controlled by SAVE THE FROGS! may be located, at various locations in and outside of the United States. SAVE THE FROGS! makes no representation or warranty that all of the features of this Site or Services will be available to you outside the USA, or that they are permitted to be accessed outside of the USA. You are solely responsible for any decision by you to use of this Site and/or the Services from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
SAVE THE FROGS! may give notice applicable to Users by means of a general notice on the Site, and notices specific to you by electronic mail to your e-mail address on record in your User Account or by written communication sent by first class mail or pre-paid post to your address on record in your User Account. If you have a dispute with SAVE THE FROGS!, wish to provide a notice under these Terms, you must send written notice to SAVE THE FROGS! at:
SAVE THE FROGS!
1968 S Coast Hwy Suite 622
Laguna Beach, CA 92651
All subpoenas must be properly served on SAVE THE FROGS!, preferably by mailing the subpoena to:
SAVE THE FROGS!
1968 S Coast Hwy Suite 622
Laguna Beach CA 92651
SAVE THE FROGS!
1968 S Coast Hwy Suite 622
Laguna Beach CA 92651
Any updates will be listed here including the Date and the Action.