LEGAL NOTICES

GENERAL

Faro Safaris controls and operates this Site from France. Faro Safaris makes no representation that materials at this Site are appropriate or available for use at other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

PRIVACY POLICY

Please review our Privacy Policy to learn how Faro Safaris collects, uses and discloses personally identifiable information about its users.

COPYRIGHT

Unless otherwise indicated on the Site, the Site and all content and other elements of the Site, including, but not limited to, all trademarks, service marks, designs, text, graphics, images, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof (collectively, the “Site Elements”) are the property of Faro Safaris or the Faro Safaris network, licensors or users and are protected by French and international copyright, trademark and other intellectual property laws. You are authorized to access and use the Site and to display, copy, print and download the materials on the Site for personal, non-commercial use only, in accordance with these Site Terms of Use and the other rules and restrictions contained on the Site, provided that you do not modify the materials on the Site and that you retain all copyright, trademark and other proprietary notices contained in the materials. You further agree that this authorization does not include:

• (a) any commercial use or any resale or redistribution of the site or its contents;
• (b) the collection and use of product listings, images or descriptions;
• (c) the distribution, public performance or public display of any element of the site,
• (d) derivative use of the site and its contents, in whole or in part;
• (e) the use of any data mining, robots or similar data gathering or extraction methods;
• (f) downloading (other than page caching) any part of the Site, Site Materials or information contained therein, except as expressly authorized on the Site ;
• or (g) any use of the site or its contents other than that intended.

The authorization granted herein may be revoked at any time, with or without cause. Except as expressly provided herein, none of the materials on this site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Faro Safaris or the copyright holder. The authorization granted to you terminates automatically if you fail to comply with any of the terms and conditions. In the event of termination, you must immediately destroy all downloaded and printed documents. Nor may you, without Faro Safaris’ permission, “mirror” any material contained on this site on any other server. Any unauthorized use of any material contained on this site may violate applicable laws (including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes).

POLICY ON REPEAT OFFENDERS

Faro Safaris respects the intellectual property of others and asks its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Faro Safaris has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the account of any user deemed to be a repeat infringer. Faro Safaris may also, at its sole discretion, restrict access to this site and/or terminate the accounts of any user who infringes the intellectual property rights of others (whether or not a repeat infringer).

TRADEMARKS

The logo, FARO SAFARIS and any other product or service name or slogan contained in the site are trademarks of Faro Safaris, the Faro Safaris network, its business partners, licensors or other respective owners, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Faro Safaris or the relevant trademark holder. In addition, the look and feel of the site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Faro Safaris and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to products, services, promises or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

LINKS TO THIS SITE

If you wish to establish a link between another web site and this site, you may do so only with Faro Safaris’ prior permission. Such link must not suggest or imply that Faro Safaris endorses or approves of any product, position, entity or individual, or portray Faro Safaris in a false, misleading, derogatory or otherwise defamatory manner, and the linked site must not contain any adult or illegal material or any material that is offensive, harassing or objectionable in any way. The right to create a link may be revoked at any time. You may not use any Faro Safaris logo or other proprietary graphic of Faro Safaris to link to the Site without the express written permission of Faro Safaris. In addition, you may not frame or provide online links to the Site without the express written permission of Faro Safaris.

DECLARATION OF NON-LIABILITY

USE OF THIS SITE, ITS CONTENT AND THE SERVICES PROVIDED ON OR THROUGH THE SITE (THE “SERVICES”) IS AT YOUR OWN RISK AND IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FARO SAFARIS DOES NOT REPRESENT OR WARRANT THAT THE SITE, SITE ELEMENTS OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU MUST USE INDUSTRY-STANDARD SOFTWARE TO SCAN AND REMOVE VIRUSES FROM ANY DOWNLOADS. FARO SAFARIS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. REFERENCE TO ANY PRODUCTS, SERVICES, PROGRAMS OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, RECOMMENDATION OR AFFILIATION WITH SUCH PRODUCTS BY FARO SAFARIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FARO SAFARIS EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.

COMMENTS AND RESOURCES

Any comments or materials sent to Faro Safaris (by any means, including e-mail or regular mail), including feedback data, such as questions, ideas, comments, suggestions or the like regarding this Site or any Faro Safaris product or program (collectively, “Feedback”), shall be deemed to be non-confidential and shall become the sole property of Faro Safaris. You hereby assign all rights in the Feedback to Faro Safaris, and Faro Safaris shall have no obligation of any kind with respect to such Feedback. Without prejudice to the foregoing, Faro Safaris shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others, without limitation, without acknowledgment or compensation to you. In addition, you expressly waive any moral rights you may have in such feedback.

REFUND POLICY

Faro Safaris is grateful for all payments received to support our conservation work. Due to legal restrictions and the nature of charitable donations, we are unable to refund donations once they have been received. However, if you believe your donation has been made in error, please contact us. All erroneous or unauthorized donations are refunded using the original method of payment.

USER CONTENT AND INTERACTIVE SERVICES OR AREAS

The Site may include discussion forums, user-generated content or other interactive areas or services (“Interactive Areas”), including bulletin boards, hosting or online storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (“User Content”). You are solely responsible for your use of these interactive areas and use them at your own risk. By using the interactive areas, you agree not to post, upload, transmit, distribute, store, create or publish in any way through the site any of the following:

• (a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or NASDAQ;
• (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting User Content, you represent and warrant that you have the legal right to distribute and reproduce such User Content;
• (d) User Content that impersonates any person or entity or misrepresents your affiliation with a person or entity;
• (e) user content that, in Faro Safaris’ sole judgment, may jeopardize or otherwise affect Faro Safaris’ tax-exempt status, including, but not limited to, content on behalf of (or in opposition to) any candidate for public office, and content that contains propaganda or otherwise attempts to influence legislation ;
• (f) promotions, advertising or solicitations
• (g) private information of any third party, including addresses, telephone numbers, e-mail addresses, social security numbers and credit card numbers;
• (h) viruses, corrupted data or other harmful, disruptive or destructive files; and
• (i) User Content that, in Faro Safaris’ sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the interactive areas or the Site, or which may expose Faro Safaris or its users to harm or liability of any kind.

Faro Safaris assumes no responsibility for any User Content posted, stored or uploaded by you or any third party, nor for any loss or damage arising therefrom. Faro Safaris is also not responsible for any mistakes, defamation, slander, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the interactive areas is at your own risk. As a provider of interactive services, Faro Safaris is not responsible for any statements, representations or content provided by its users in any public forum, personal home page or other interactive area. Although Faro Safaris has no obligation to screen, edit or monitor content posted in any interactive area, it reserves the right, in its absolute discretion, to remove, screen or edit any user content posted or stored on the site at any time and for any reason, without notice, and you are solely responsible for creating backup copies and replacing any user content you post or store on the site, at your own cost and expense. Any use of the interactive areas or other parts of the Site in violation of the foregoing constitutes a violation of these Site Terms of Use and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or the Site.

You retain all rights to user content (other than comments) that you post on the site. Unless otherwise specified by us, you grant Faro Safaris and the Faro Safaris Network a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with the Site and any related services. You grant Faro Safaris, the Faro Safaris network, their affiliates and sublicensees the right to use the name you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or that you have the right to post such User Content on the Site; (b) the User Content is accurate and not misleading; and (c) the use and posting of the User Content that you provide does not violate these Site Terms of Use and will not infringe the rights of, or cause injury to, any person or entity.

REGISTRATION DATA; ACCOUNT SECURITY

In consideration of your use of the Site, if you create an account on the Site, you agree to (a) provide accurate, current and complete information about yourself as may be required by any registration form on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Faro Safaris, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Faro Safaris.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FARO SAFARIS, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE), AND/OR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS, DAMAGE OR CORRUPTION OF DATA, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THE USE OF THE SITE, THE SERVICES, CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY OR RESULTING FROM THE USER’S RELIANCE ON ANY INFORMATION OBTAINED FROM FARO SAFARIS, OR RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM FORCE MAJEURE, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FARO SAFARIS FILES, PROGRAMS OR SERVICES. IN NO EVENT SHALL FARO SAFARIS’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE COMPENSATION, IF ANY, PAID BY YOU TO FARO SAFARIS FOR ACCESS TO OR USE OF THE SITE.

INDEMNITY

You agree to defend, indemnify and hold Faro Safaris, and its affiliates, independent contractors, service providers, suppliers, licensors and consultants, and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, damages, costs, actions, demands, liabilities, settlements and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to your use of this Site, reasonable attorneys’ fees) arising out of or related to your breach of these Terms and Conditions, any User Content you post, store or otherwise transmit on or through the Site, or your use or inability to use the Site, including, but not limited to, any actual or potential action, demand or claim against the Indemnified Parties arising out of or related to the Content, your conduct or your violation of any third party’s rights.

TERMINATION; DELETION OF USER CONTENT

Notwithstanding these site terms of use, Faro Safaris reserves the right, without notice and at its sole discretion, to discontinue the site or any services offered through the site, to terminate your user license and to block your access to the site, at any time and without notice. In addition, Faro Safaris reserves the right to remove, edit or modify any or all of the User Content contained on the Site and any services offered through the Site, at any time and without notice.

SEVERABILITY / WAIVER

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Site Terms shall be deemed a further or continuing waiver of such term or any other term.

APPLICABLE LAW AND JURISDICTION

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of France, applicable to agreements entered into and to be performed entirely within France, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating in any way to these Site Terms of Use shall be filed only in France and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for any suit, action or proceeding arising out of or relating to these Site Terms of Use.

QUESTIONS & CONTACT INFORMATION

Thank you for your cooperation. Questions concerning the site should be sent by e-mail to contact@farosafaris.com.