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ANIMALS ARE SENTIENT BEINGS, INC. Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. BY ACKNOWLEDGING AND USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THIS SITE. DATE OF LAST REVISION: September 15, 2009
Welcome to Animals Are Sentient Beings, Inc. ('AASB"). These Terms of Service (these "Terms of Service") govern your access to and use of this website. You should read these Terms of Service carefully before accessing or using this website. By accessing or using this website, you agree to be legally bound by these Terms of Service. If you are using this website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity's behalf, and that such entity agrees to indemnify you and AASB for violations of these Terms of Service. If you do not agree to these Terms of Service, do not use this website.
This website is owned and operated by AASB. Whenever these Terms of Service refer to "we," "our," or "us," we are referring to AASB. We reserve the right to change or modify any of the terms and conditions contained in these Terms of Service or any policy or guideline of this website at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions to this website. Your continued use of this website following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should review the Terms of Service and applicable policies from time to time to understand the terms and conditions that apply to your use of the website. If you do not agree to the amended terms, then you must stop using this website.
Privacy Policy and Security
We are committed to protecting your privacy and providing you with the means to make secure online donations. Our security measures can be found in the Privacy Policy area of AASB's website. AASB's use of information provided by you is governed by our Privacy Policy, and AASB may amend it from time to time. The Privacy Policy is incorporated into these Terms of Service by reference.
Donations
All donations to AASB are made as unrestricted gifts and may not be specified for any particular purpose or charity. Any payments of donations are final and non-refundable. The donations will be held in a separately managed bank account until such time as AASB forwards the donations to a charity of AASB's choice. AASB forwards donations to the charity at intervals as determined by AASB and the charity. Your donations will be net of fees totaling no more than 20%. This fee structure is subject to change from time to time at the sole discretion of AASB.
Unauthorized card use
You agree not to use an invalid or unauthorized credit card. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
Trademarks
The name Animals Are Sentient Beings, animalsaresentientbeings.org, the AASB logo and any other product and service names that we may present on the website from time to time may not be used in connection with any product or service that is not AASB's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit AASB. Other trademarks, service marks or logos that appear on the website are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both AASB and the trademark owner.
Copyright
Unless otherwise indicated on this website, the website and all content and other materials on the website, including, without limitation, all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof (the "Website Materials*) are owned by AASB or other original providers, and are protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice. Except as expressly stated herein, none of the Website Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise, without the express prior permission of AASB, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to webmaster @animalsaresentient beings.org. The permission given to you terminates automatically if you breach any of the Terms of Service.
User Conduct
You must at all times use this website in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display or forward surveys, contests, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses. You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of this website.
Age and Responsibility
This website contains an online store with ordering capabilities. You must be 18 years of age or older to place an order with the AASB store. If you use this website, you are responsible for maintaining the confidentiality of the personal account information you submit. You agree to accept responsibility for all activities that occur under your account. You represent that you are of sufficient legal age to use this website. You understand that you are financially responsible for all uses of this website by you and those using your personal information.
Changes to the Service
AASB reserves the right, in its sole discretion, to modify, suspend or discontinue all or any part of the services or tools at any time with or without notice to you. Unless specifically exempted, any new features, services or software applications introduced will be subject to these Terms of Service.
Failure to comply with these Terms of Service
AASB may terminate your right to use this website at any time and without notice. We will terminate your right to use our website if you violate any of these Terms of Service or any other policy posted on our website, if you use or attempt to use this website for fraudulent purposes, or if we become aware that you are infringing any copyright or other intellectual property right.
Limitation of Liability; Disclaimer of Warranties
To the maximum extent permitted by law, AASB disclaims liability for any loss or damages, whether direct, indirect, special, incidental or consequential (even if AASB has been advised of the possibility of such damages) arising out of (i) your use of the AASB website or your inability to do so (ii) your reliance on any content provided on the website and/or (iii) goods and services in any way associated with the website. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. AASB PROVIDES THE WEBSITE ON AN "AS IS." "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AASB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN THE EVENT YOU ARE DISSATISFIED IN ANY WAY WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE ANY FURTHER USE OF THE WEBSITE. Your use of this website constitutes your unconditional consent to all of the terms and conditions set forth herein and an acknowledgement of the disclaimers and limitations of liability set forth in the Terms of Service.
Linking
These Terms of Service apply only to this website. AASB also provides links to third party websites, and may also link to third party advertising, materials, communications or content that are not under our control. AASB is not responsible for the terms and conditions, content, privacy policy or any other aspect of any website linked to through this website. AASB also does not endorse, make any representations or warranties, or assume any responsibility or liability for any third-party websites linked to through this website or the content of such websites. These links are provided for your convenience only. Your use of third party websites or their content is at your own risk and is subject to the terms and conditions of those websites.
General Provisions
These Terms of Service are governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to its principles of conflicts of law. These Terms of Service, and any agreements incorporated by reference herein, set forth the entire understanding and agreement between you and us with respect to the subject matter of these Terms of Service. Headings and captions of the sections are for reference purposes only. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provision of these Terms of Service or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation, the indemnification and limitation of liability provisions. This website and its contents may not be appropriate or available for use in countries other than the United States. If you choose to access our website from any location other than the United States, you accept full responsibility for compliance with applicable local laws.
Indemnity
By using this website and its contents, you agree to defend, indemnify and hold AASB harmless from and against any and all claims, damages, costs, actions, demands, liabilities and expenses (including, without limitation, attorneys' fees) arising from or related to your use of or inability to use this website and/or your violation of these Terms of Service. Your use of the website constitutes and agreement between you and AASB. This agreement is effective until terminated by you or AASB, and may be terminated by you at any time by discontinuing use of the website AASB may also terminate this agreement at any time, without notice, and deny you access to the website, if in AASB's sole discretion you fail to comply with any term or provision of these Terms of Service.
Comment Policy
The website may contain discussion forums (including blogs or links to blogs), user generated content, or interactive areas in which you or other users may create and post messages, materials, data, information or other items of materials on the website (the *User Content*). We do not guaranty that User Content posted on the website by our users is accurate, complete or useful, nor do we endorse any such User Content. The users of our website are solely responsible for evaluating the accuracy, completeness and usefulness of all User Content appearing on the website. AASB has the right but not the obligation to monitor User Content to determine compliance with the Terms of Service or to comply with any applicable law or request of a governmental agency or authority. AASB may, in its sole and absolute discretion, refuse to post, remove, or edit any User Content, including without limitation, content that is defamatory, libelous, unlawful, obscene, pornographic, or otherwise objectionable.
By using the AASB website, you agree not to post, upload to, transmit, store, distribute or otherwise publish through the website any of the following:
1. User Content containing any material that is protected by trademark, copyright or other proprietary right without the express permission of the owner of trademark, copyright or other proprietary right. You agree that you have the responsibility to determine whether any material is or is not protected.
2. User Content that is unlawful, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
3. User Content that misrepresents your affiliation with a person or entity or that impersonates any person or entity.
4. Promotions, advertising or solicitations.
5. Private information of any third party, including without limitation, email addresses, social security numbers and credit card numbers.
б. Viruses, corrupted data, or other types of destructive files
7. Any User Content that AASB determines, in its sole and absolute discretion, is objectionable, or which may expose AASB or its users to harm or liability.
By posting or submitting any User Content to the website, you represent and warrant that (a) you have the lawful right to distribute and reproduce the User Content, (b) the User Content is accurate and not misleading, and (c) the use and posting of the User Content supplied will not violate these Terms of Service, the rights of any third party, or cause injury to any third party. You also grant (or warrant that the owner of such User Content has expressly granted) to AASB a royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right and license to use, reproduce, modify, publish, create derivative works from, and distribute such User Content (in whole or in part) worldwide, and to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the website to access, view, reproduce or store your User Content for personal use. You hereby grant AASB the right to edit, publish, copy and distribute any User Content made available to AASB by you. If you believe that anything on the website infringes on any copyright that you own or that your User Content has been copied in a way that constitutes copyright infringement, you may file a notification of such infringement with our Copyright Agent with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. s. 512:
1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of the material that you claim is infringing and where it is located on the website:
4. Your address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the use of the materials on the website in the manner complained is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you that the information in the notification is accurate and that, under penalty of perjury, you are authorized to act on behalf of the owner of the copyright or intellectual property.
Please direct all notices to:
Copyright Agent Animals Are Sentient Beings, Inc. 85 Garfield Street Watertown, MA 02472
617-876-6735
webmaster@animalsaresentientbeings.org
© 2009 Animals Are Sentient Beings, Inc.
ANIMALS ARE SENTIENT BEINGS, INC. PRIVACY POLICY Effective date: September 21, 2009
At Animals Are Sentient Beings, Inc. ("AASB"), we believe that protecting the privacy and integrity of the personal information collected from visitors to our website is of paramount importance. We have created this privacy policy (the "Policy") to inform you of our practices regarding the collection of information from you and how we may use that information.
BY USING THIS WEBSITE, YOU CONSENT TO THE COLLECTION AND USE OF INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. YOU ALSO ACKNOWLEDGE THAT AASB MAY PERIODICALLY CHANGE, MODIFY, ADD, REMOVE OR OTHERWISE UPDATE THIS PRIVACY POLICY AT ITS DISCRETION, WITHOUT PRIOR NOTIFICATION. It is out intention to post any such changes on this page so that you are fully informed concerning the types of information we are gathering, how we use it, and under what circumstances it may be disclosed.
Personal Data
The term "personal data" as used in this Policy refers to information such as your name, e-mail address, mailing address, telephone number, or other IP address that can be used to identify you. Generally, AASB will not process your personal data other than as described below in this Policy without your consent. However, we reserve the right in exceptional circumstances to conduct additional processing to the extent required or permitted by law, or in support of any legal or criminal investigation.
Use of Personal Data
If you subscribe to an AASB -newsletter, request additional information about AASB, submit a donation online, or participate in any services on the AASB website that require personal data, we may request your name, mailing address, telephone number, email address, or other information. We process such personal data for the purposes which we inform you about when we ask you for information. For example, we may collect and use personal data to provide you with products or services, to bill you for products or services you request, or to communicate with you for other purposes. We keep your data in accordance with any applicable legal reporting or documentation retention requirements.
Nondisclosure of Information
We will not sell, share or otherwise distribute your personal data to third parties except as provided in this Policy. Personal data may occasionally be transferred to third parties who act for or on behalf of AASB, or in connection with the business of AASB, for further processing in accordance with the purposes) for which the data were originally collected, such as delivery services, evaluation or technical support. These third parties have agreed with AASB that they will only use personal data for the agreed upon purpose, will not sell your personal data to third parties, and will not disclose it to third parties except as may be required by law. There are two additional instances in which personal data collected from you may be transferred to a third party. The first is in the event that the business of this website and the customer data connected with it is sold, assigned or transferred, in which case we would require the buyer, assignee or transferee to treat personal data in accordance with this Policy. The second instance in which personal data may be disclosed to a third party is if we are required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any legal or criminal investigation.
Right of Access
You have the right to ensure that your personal data is always up to date. In some countries you have the legal right to require us to correct or delete your personal data. In addition, you can always tell us to stop contacting you. If you wish to contact us regarding our use of your personal data, please email us at webmaster@animalsaresentientbeings.org. If you contact us, please note the name of the website where you provided the information, as well as the specific information you would like us to correct, update or delete. Your requests will be dealt with in a prompt and proper manner. Requests to delete personal data will be subject to any applicable legal and ethical reporting or document filing or retention obligations imposed on us.
Security and Confidentiality
To help maintain the security and confidentiality of personal data that we collect on-line, we use data networks protected by industry standard firewall and password protection. In the course of handling your personal data, we take measures reasonably designed to protect that information from loss, misuse, unauthorized access, disclosure, alteration or destruction. While we cannot guarantee against any loss, misuse or alteration to data, we try to prevent such unfortunate occurrences.
Anonymous Data and "Cookies"
We may collect and process anonymous information about your visit to this website, such as some of the pages you visit and some of the searches you perform. Such anonymous information is used by us to help improve the contents of the site and to compile aggregate statistics about individuals using our site for internal, market research purposes. In doing this, we may install "cookies" that collect the first level domain name of the user (e.g., "bigmail.com" from an e-mail address of "john@bigmail.com") and the date and time of access. "Cookies" as used by us cannot be used to discover the identity of an individual user. A "cookie" is a small piece of information which is sent to your browser and stored on your computer's hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a "cookie" and this will enable you to decide if you want to accept it or not. We may obtain the services of outside parties to assist us in collecting and processing the information described in this Section and all such third parties will be placed under the obligations. [On occasion, we may use Internet tags (also known as action tags, single-pixel GIFs, clear GIFs, invisible GIFs and 1-by-I GIFs) in combination with cookies at this site and may deploy these tags through a third-party advertising partner. These tags are placed on both online advertisements that bring users to the site and on different pages of the site. We use this technology to measure the visitors' responses to our sites and the effectiveness of our advertising campaigns (including how many times a page is opened and which information is consulted). The third-party partner may be able to collect anonymous aggregated data about visitors to other sites because of these Internet tags/ cookies. Please be assured that we DO NOT collect or seek through these tags or cookies any personally identifiable information about our visitors, such as names, addresses, c- mail addresses or telephone numbers
Personal Information and Children
The information available on this site is intended for persons 18 years of age and older. We will not knowingly collect, use or disclose personal data from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (e.g., a parent or guardian) through direct off-line contact. We will provide the parent with (i) notice of the specific types of personal data being collected from the minor, and (ii) the opportunity to object to any further collection, use, or storage of such information. We abide by laws designed to protect children.
Links to Other Sites
This Privacy Policy applies only to this website and any other online resources of AASB that refer to or display a link to this Policy. We may provide links to other websites which we believe may be of interest to our visitors. We aim to ensure that such websites are of the highest standard. However, due to the nature of the World Wide Web, we cannot guarantee the privacy standards of every website to which we link or be responsible for the contents of sites other than this one, and this Policy is not intended to be applicable to any linked, non-AASB Health site.
Contact Us
If you have any queries or complaints about our compliance with this Privacy Policy, or if you would like to make any recommendations or comments to improve the quality of our Privacy Policy, please e-mail us at webmaster@animalsaresentientbeings.org. This privacy policy was last updated on September 21, 2009. We aim to constantly improve the tools available to you to manage the data that you provide to us. Please refer to this page from time to time to review these and other new features.
General Provisions
These Terms of Service are governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to its principles of conflicts of law. These Terms of Service, and any agreements incorporated by reference herein, set forth the entire understanding and agreement between you and us with respect to the subject matter of these Terms of Service. Headings and captions of the sections are for reference purposes only. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provision of these Terms of Service or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation, the indemnification and limitation of liability provisions. This website and its contents may not be appropriate or available for use in countries other than the United States. If you choose to access our website from any location other than the United States, you accept full responsibility for compliance with applicable local laws.
Indemnity
By using this website and its contents, you agree to defend, indemnify and hold AASB harmless from and against any and all claims, damages, costs, actions, demands, liabilities and expenses (including, without limitation, attorneys' fees) arising from or related to your use of or inability to use this website and/or your violation of these Terms of Service. Your use of the website constitutes and agreement between you and AASB. This agreement is effective until terminated by you or AASB, and may be terminated by you at any time by discontinuing use of the website AASB may also terminate this agreement at any time, without notice, and deny you access to the website, if in AASB's sole discretion you fail to comply with any term or provision of these Terms of Service.
Comment Policy
The website may contain discussion forums (including blogs or links to blogs), user generated content, or interactive areas in which you or other users may create and post messages, materials, data, information or other items of materials on the website (the *User Content*). We do not guaranty that User Content posted on the website by our users is accurate, complete or useful, nor do we endorse any such User Content. The users of our website are solely responsible for evaluating the accuracy, completeness and usefulness of all User Content appearing on the website. AASB has the right but not the obligation to monitor User Content to determine compliance with the Terms of Service or to comply with any applicable law or request of a governmental agency or authority. AASB may, in its sole and absolute discretion, refuse to post, remove, or edit any User Content, including without limitation, content that is defamatory, libelous, unlawful, obscene, pornographic, or otherwise objectionable.
Animals Are Sentient Beings, Inc. is a 501(c)3 nonprofit corporation dedicated to the goals of educating people about animals as sentient beings, encouraging people to take steps to care for their fellow creatures accordingly, and providing incentives to people to donate money which is then donated to other 501(c)3 nonprofits directly engaged in promoting animal care, protection, welfare, and survival. Animals Are Sentient Beings, Inc. maintains a website at animalsaresentientbeings.org.
The educational aspect of Animals Are Sentient Beings, Inc. is provided by writings and photographs of animals designed to help raise people’s awareness of animals as feeling, thinking creatures like ourselves. There is a constant invitation for people to consider that animals are sentient and capable of fear, pain, pleasure, and serenity. This then encourages people to take action on behalf of other creatures who cannot speak or fight for themselves.
There are many suggestions of steps people can take, from simple to complex, that will protect, respect, and care for animals both wild and domestic. In addition, a clearinghouse of animal care nonprofits will be provided with descriptions and contact information. People will be encouraged to participate in taking action to help animals by getting involved in any number of ways with any of the large number of animal care and rights organizations listed on Animals Are Sentient Beings’ website or in their local area. In the future, Animals Are Sentient Beings, Inc. will provide a blog as well as other ways for information to be shared, increased, and updated about nonprofit organizations, animal welfare and concerns.
The fund raising aspect of Animals Are Sentient Beings, Inc. will be provided by using a number of beautiful wildlife photographs as incentives for donations. These donations will then be donated directly to a variety of animal welfare groups, which are also 501(c)3 organizations. These groups currently include The Humane Society of the United States, Animals Asia, African Wildlife Foundation, World Society for the Protection of Animals, The American (and The New England) Antivivisection Society, The Center for Biological Diversity, The Humane Farming Association, Farm Sanctuary, Animal Legal Defense Fund, The Ocean Conservancy, In Defense of Animals, and The Fund for Animals. These organizations are neither connected with nor endorsed by Animals Are Sentient Beings, Inc. and they do not endorse Animals Are Sentient Beings, Inc. These groups vary in focus and are all engaged with active work for animal protection and welfare. Animals Are Sentient Beings, Inc. reserves the right to vary and update this list of donation beneficiaries at any time. Beneficiary decisions regarding donations are entirely up to Animals Are Sentient Beings, Inc and no donor has any rights to direct where funds are contributed once they have donated money to Animals Are Sentient Beings, Inc.
In the future, Animals Are Sentient Beings, Inc. plans to expand its incentives for donation by offering calendars, cards, and other photography related items. The primary purpose of Animals Are Sentient Beings, Inc. is consciousness raising and education to help people understand that animals are sentient: capable of feelings and thoughts and thus of suffering and pleasure. It is our goal to help people take steps for improving animals’ lives, both locally and globally.