Usage Agreement for PhotoReep.com

By submitting data to Happywhale, you agree to our Terms of Use in support of our goal of creating a better understanding of marine mammals. We seek to make the data in Happywhale as open as possible, while respecting the intellectual property of all contributors. All data in Happywhale exists under specified levels of Creative Commons licensing. If you are a data contributor, you may choose the license under which your data exists; by default unless otherwise specified, a Creative Commons Public Domain license is applied to submitted data. You may request that images and encounter data be kept in Happywhale under more restrictive Creative Commons licensing, including the requirement of Attribution, Share Alike, Noncommercial, and No Derivatives.  If you, as a user, request a more restrictive license applied to your data in Happywhale, we will do so from the date of your request forward. We will respect this licensing with any allowed distribution of your data, and require that data recipients commit to respecting your chosen licensing as well.

Be WhaleSAFE - See a whale - Admire at a safe distance - Follow without disturbance - Enjoy!

Always follow good whale watch protocol and do not disturb marine mammals to for photographs. Follow all marine mammal protection laws and guidelines. If your images have been obtained under scientific or operational permit, please state this in your submission.

Disclaimer of Warranty; Limitation of Liability

Use of Services

You expressly agree that use of Happywhale is at your sole risk. Neither Happywhale, its affiliates and collaborators nor any of their respective employees, agents, third party content providers or licensors warrant that the services will be available at any particular time, uninterrupted, or error free, nor do they make any warranty as to the results that may be obtained from use of the services, or as to the accuracy, reliability or content of any information or service provided through the services. The services are provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable law.

In no event shall Happywhale be liable to you or any other person for loss of business or profits, or for any indirect, incidental or consequential damages arising out of the use of, or inability to use, the services, even if Happywhale was previously advised of the possibility of such damages, or for any other claim by a subscriber, authorized user, or any other person. This warranty gives you specific legal rights, and you may also have other rights which vary by location.

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Happywhale, its affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of the use or unauthorized copying of the Services or any of their Content, the violation of this Agreement or any applicable laws or regulations, or arising out of your violation of any rights of a user.

Term and Termination of Agreement

Either party shall have the right to terminate this Usage Agreement at any time by providing notice of termination to the other party in accordance with the Usage Agreement. In the event of termination of this Usage Agreement by either party, you shall have no claims against Happywhale, its affiliates, or any individual contributors to Happywhale. Termination of this Usage Agreement automatically terminates your license to use any Happywhale services, any Content or any other materials contained therein.

Miscellaneous

This Usage Agreement is entire and complete, and no representations, warranties, agreements or covenants, express or implied, of any kind or character whatsoever have been made by either party hereto to the other, except as expressly set forth in this Usage Agreement. Except as provided herein, this Usage Agreement may not be modified or changed unless the same shall be in writing and signed by an authorized officer of the party to be bound thereby.

You may not assign any of your rights or delegate any of your obligations under this Usage Agreement without prior written consent from Happywhale. If any provision of this Usage Agreement is held to be overly broad in scope or duration by a court of competent jurisdiction such provision shall be deemed modified to the broadest extent permitted under applicable law. If any provision of this Usage Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

BY CREATING AN ACCOUNT WITH HAPPYWHALE AND/OR SUBMITTING CONTENT TO HAPPYWHALE YOU HEREBY STATE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS USAGE AGREEMENT.