Galápagos Marine Life App
Terms of Use

Unless otherwise stated, Galapagos Conservancy, Inc., a Delaware not-for-profit corporation (“GC”) protects the intellectual property rights published on and the materials used on this App. Subject to the license below, all these intellectual property rights are reserved.
You must not:

• republish material from this App in neither print nor digital media or documents (including republication on another App);
• sell, rent or sub-license material from the App;
• show any material from the App in public;
• reproduce, duplicate, copy or otherwise exploit material on this App for a commercial purpose;
• edit or otherwise modify any material on the App;
• redistribute material from this App – except for content specifically and expressly made available for redistribution; or
• republish or reproduce any part of this App

You must not use this App in any way that causes, or may cause, damage to the App or impairment of the availability or accessibility of the App or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to this App without GC’s express written consent.

You must not use this App or any part of it to transmit or send unsolicited commercial communications. You must not use this App for any purposes related to marketing without the express written consent of GC.

Access to certain areas of this App is restricted. GC reserves the right to restrict access to certain areas of this App, or at GC’S discretion, this entire App. GC may change or modify this policy without notice.

This App is provided “as is” without any representations or warranties, express or implied. GC makes no representations or warranties in relation to this App or the information and materials provided on this App.
Without prejudice to the generality of the foregoing paragraph, GC does not warrant that:

• this App will be constantly available, or available at all; or
• the information on this App is complete, true, accurate or non-misleading.
  
  

Nothing on this App constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

GC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this App:

• to the extent that the App is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if GC has been expressly advised of the potential loss.
Nothing on this App constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Nothing in this App disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this App disclaimer will exclude or limit the liability of GC in respect of any:

• death or personal injury caused by the negligence of GC or its agents or employees;
• fraud or fraudulent misrepresentation on the part of GC; or
• matter which it would be illegal or unlawful for GC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

By using this App, you agree that the exclusions and limitations of liability set out in this App disclaimer are reasonable.

If you do not think they are reasonable, you must not use this App.

You accept that, as a not for profit corporation, GC has an interest in limiting the personal liability of its officers, employees and directors. You agree that you will not bring any claim personally against GC’s officers, employees or directors in respect of any losses you suffer in connection with the App.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this App disclaimer will protect GC’s officers, employees, directors, agents, subsidiaries, successors, assigns and sub-contractors as well as GC.

You hereby indemnify GC and undertake to keep GC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by GC to a third party in settlement of a claim or dispute on the advice of GC’s legal advisers) incurred or suffered by GC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Without prejudice to GC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, GC may take such action as GC deems appropriate to deal with the breach, including suspending your access to the App, prohibiting you from accessing the App, blocking computers using your IP address from accessing the App, contacting your internet service provider to request that they block your access to the App and/or bringing court proceedings against you.

GC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this App from the date of the publication of the revised terms and conditions on this App. Please check this page regularly to ensure you are familiar with the current version.

GC may transfer, sub-contract or otherwise deal with GC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

These terms and conditions, together with the App Privacy Policy, constitute the entire agreement between you and GC in relation to your use of this App, and supersede all previous agreements in respect of your use of this App.

These terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the applicable Federal or state courts situated in the Commonwealth of Virginia, USA.

If you require any more information or have any questions about our Terms of Use, please feel free to contact us by email at gml@galapagos.org

This policy was last updated on March 31 2024.