Conditions d'utilisation

Conditions d'utilisation

Effective Date: February 14, 2021

1. USER AGREEMENT

This User Agreement governs each website, mobile site, application, electronic publication and/or other service, regardless of how distributed, transmitted, published, or broadcast (each, a “Service or Publication”) provided by Nature First (“we,” “us,” or “our”) that links to this User Agreement, which is binding on all those who access, visit and/or use the Service or Publication, whether acting as an individual or on behalf of an entity (collectively, “you” or “your”).

Please read this User Agreement carefully along with our Politique de confidentialité. You can access this User Agreement and our Politique de confidentialité any time in the footer of the Service’s or Publication’s home page or initial screen. Your access, visitation and/or use of the Service or Publication, including without limitation any registration on or subscription to any aspect of the Service or Publication, will constitute your agreement to this User Agreement and our Politique de confidentialité. If you do not agree with the terms and conditions of this User Agreement and Politique de confidentialité, you may not access, visit and/or use the Service or Publication.

The User Agreement and our Politique de confidentialité may be modified from time to time by us; in which case we will post a new version on this site or in the Service or Publication. Thus you are urged to return back to this site or the Service or Publication from time to time to read any amended terms. Continued access of the Service or Publication by you will constitute your acceptance of any changes or revisions to the User Agreement and Politique de confidentialité.

If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Service or Publication, as listed in this User Agreement and the Politique de confidentialité, (collectively, the “Agreement”), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or Publication or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may refuse to provide you with any future access, visitation, and/or use of the Service or Publication. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.

Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, Service or Publication marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, “Content”) available on or through the Service or Publication, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or Service or Publication providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.

2. ABOUT THE INFORMATION

The Content (as defined below) available on this Service or Publication is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe Nature First’s publication of the Content on this Service or Publication as a warranty or guarantee of the quality or availability of any goods or services.

3. ELIGIBILITY 

By using this Service or Publication, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of this Service or Publication does not violate any applicable law or regulation.

4. ACCEPTABLE USE

You shall ensure that all equipment, hardware, software, products and/or Service or Publications you use to access, visit, or use the Service or Publication does not disturb or interfere with our operation of the Service or Publication, or impede or interfere with others’ access, visitation and/or use of the Service or Publication. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service or Publication any equipment, hardware, software, product and/or Service or Publications causing interference with us, our licensors, vendors, Service or Publication providers, the Service or Publication or any Content.

Unless otherwise specified, the Service or Publication is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Service or Publication by you and by those you authorize or allow to use, or provide access to, the Service or Publication, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Service or Publication resides or is accessible.

You acknowledge that we have not reviewed and do not necessarily endorse the Content of sites, applications, destinations or Service or Publications linked to or accessible from this Service or Publication and are not responsible for the Content or actions of any other sites, applications, destinations or Service or Publications. Your linking to or accessing any other site, application, destination or Service or Publication is at your sole risk.

The Service or Publication is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the Service or Publication or submitting their personally identifiable information to us, and from using portions of the Service or Publication for which registration is required.

You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations (including applicable import and export control laws, rules, and regulations of the United States and other countries) in accessing and using the Service or Publication, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Service or Publication. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Content that is provided by us, our licensors, vendors and/or Service or Publication providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, Service or Publication marks and other brand identifiers, the organization, design, compilation, and “look and feel” of the Service or Publication, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or Service or Publication providers.

Certain Content may be made available to you on or through the Service or Publication for download, installation, and/or streaming. Such Content is subject to the same terms, conditions, limitations and restrictions applicable to all Content provided by us, our licensors, vendors and/or Service or Publication providers. You must, in addition to all of your other obligations, use such Content only to the extent expressly authorized for the particular Content, and you may not use such Content in a manner that exceeds such authorization.

5. RESTRICTIONS

You may not, nor may you allow others, to directly or indirectly, do any of the following for any reason:

  • access and/or use anyone else’s Registration Information, or access, visit and/or use the Service or Publication by use of anyone else’s account/profile and/or Registration Information;

  • authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service or Publication by use of your account/profile and/or Registration Information or impersonate, imitate or pretend to be somebody else;

  • make any commercial, advertising, promotional, or marketing use of the Service or Publication and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, Service or Publication marks and other brand identifiers of us, our licensors, vendors, and/or Service or Publication providers obtained on or through the Service or Publication, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or the Service or Publication;

  • copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content;

  • submit, send or otherwise make available on or through the Service or Publication any Content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets;

  • submit, send or otherwise make available on or through the Service or Publication any Content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, Service or Publication providers, other users, and/or any third party;

  • submit, send or otherwise make available on or through the Service or Publication any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature.

  • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service or Publication, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content;

  • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through the Service or Publication, in whole or in part, except as permitted by the Copyright Act.

6. CONTENT CONTRIBUTIONS

By submitting or providing any content on or through this Service or Publication, or through agreements made by email, you hereby grant to Nature First a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such content in any form, and Nature First may sublicense all or part of its rights under this license or assign them to third parties. You represent and warrant that: (i) you own the content submitted by you on or through this Service or Publication or otherwise have the right to grant the license set forth in this section, and (ii) the submission of your content on or through this Service or Publication does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Nature First may delete any content for any reason, including content that, in Nature First’s sole judgment, is offensive, illegal or violates the rights, harm, or threaten the safety of any person. 

7. SUBMISSIONS

Nature First does not accept or consider creative ideas, suggestions, or materials, including, but not limited to, notes, drawings, concepts, comments, questions or answers, techniques, know-how, or other information (hereinafter “Submissions”) other than those specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Nature First’s professional staff might seem to others to be similar to their own creative work. All Submissions, including unsolicited submissions and those made at the request of Nature First, will be treated as non-confidential and non-proprietary, and will be subject to the license granted in the preceding paragraph. Nature First will not be liable for any use or disclosure of any Submissions.

8. REGISTRATION

We may at times require that you register for certain products and/or Service or Publications, and/or to make purchases, or register and/or set up an account/profile to access, visit and/or use certain portions of the Service or Publication, or the Service or Publication as a whole, in which case you may be provided, or required to choose, a password and/or User ID, and you may provide a credit, debit, or charge card number, or other payment information, as well as your name, telephone number(s), email and/or street address, and other personally identifiable information. Other information such as your age, gender, and the number for your mobile or other device may also be requested. In addition, you may be asked to send us similar information via messaging (e.g., email, SMS, MMS, or other technologies). All such information shall be referred to in the Agreement as your “Your Information”. We may use and share you’re Your Information as described in our Politique de confidentialité.

You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Service or Publication. If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on the Service or Publication that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on the Service or Publication, please. contact us, as specified in our Politique de confidentialité

WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.

You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for additional merchandise, products and/or Service or Publications, including without limitation Content, that are initiated by use of your Registration Information.

If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information by using the mechanism or contact information on the Service or Publication, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service or Publication, please immediately contact us, as specified in our Politique de confidentialité.

You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service or Publication by use of your account/profile and/or Registration Information. You may not access and/or use anyone else’s Registration Information, or access, visit and/or use the Service or Publication by use of anyone else’s account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.

9. COMMUNICATIONS TO YOU

The communications between you and us usually use electronic means, whether you access, visit or use the Service or Publication, send us messages, or whether we post notices on the Service or Publication or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.

You understand and agree that joining the Service or Publication may include receiving certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service or Publication.

10. TRADEMARKS

Nature First, Nature First Principles, Nature First logos, naturefirstphotography.org, and all other names of Nature First programs referenced herein are registered or common law trademarks of Nature First in the United States. For more information, please contact Nature First, info@naturefirstphotography.org. Unauthorized use of any Nature First trademark or logo may be a violation of federal and state law.

11. PRIVACY POLICY

By agreeing to these terms, you acknowledge that Nature First may collect, use and disclose your information as described in our Politique de confidentialité.

12. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE OR PUBLICATION AT YOUR OWN RISK. THE SERVICE OR PUBLICATION IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE OR PUBLICATION. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE SERVICE OR PUBLICATION AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE OR PUBLICATION, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.

WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE AGREEMENT, THE SERVICE OR PUBLICATION, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY MERCHANDISE, PRODUCTS AND/OR SERVICE OR PUBLICATIONS, INCLUDING WITHOUT LIMITATION CONTENT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE OR PUBLICATION, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE OR PUBLICATION, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE OR PUBLICATION OR ANY OF THE MERCHANDISE, PRODUCTS, SERVICE OR PUBLICATIONS AND/OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE OR PUBLICATION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US FOR THE APPLICABLE SERVICE OR PUBLICATION DURING THE THREE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.

13. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nature First, our licensors, vendors, Service or Publication providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, “Indemnitees”) from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of the Service or Publication, your Content, unauthorized use of Content obtained on or through the Service or Publication, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Service or Publication.

14. COPYRIGHT

The Service or Publication, including all text, graphics, user interfaces, visual interfaces, photographs, sounds, audio, video, artwork, computer code (including HTML, CSS, XML, and JavaScript), interactive features, Service or Publication functionality, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Service or Publication functionality, unless otherwise indicated is protected by U.S. and international copyright laws. Nature First also owns a copyright for the Content of this Service or Publication. Any downloadable or printable programs, information, or materials available through this Service or Publication and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Nature First. Except for your use as authorized above, you may not modify, reproduce or distribute the Content, design or layout of this Service or Publication, or individual sections of the Content, design or layout of this Service or Publication, without Nature First’s express prior written permission.

15. NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you are a copyright owner or agent thereof and believe that Content posted on this Service or Publication by a Nature Conservancy user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to Nature First with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on this Service or Publication containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Nature First can be reached by email at info@naturefirstphotography.org.

16. DISPUTES AND JURISDICTION

The Service or Publication is based in the United States. It is not designed, customized or intended for, or directed to, any other country. Those who choose to access, visit and/or use the Service or Publication do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty or guarantee that the Service or Publication, or any merchandise, products, Service or Publications, and/or Content available on or through the Service or Publication are appropriate, available, or legal in any particular geographic location.

In any dispute between us, your sole remedy is to stop using your account/profile and/or the Service or Publication, including without limitation cancelling any Fee-based Service or Publications. This includes any dispute related to or arising out of: (i) rules, restrictions, limitations, terms and conditions that apply to the Service or Publication, whether listed in this Agreement or the Politique de confidentialité, posted at various points in the Service or Publication, or otherwise communicated to you, including our enforcement, non-enforcement, or application of any such rules; (ii) any of our policies and/or practices, including our enforcement, non-enforcement, or application of any such policies and/or practices; (iii) any Content available on or through the Service or Publication, or any edits, deletions, additions, or other changes thereto; (iv) your ability or inability to access, visit and/or use portions of the Service or Publication, or the Service or Publication as a whole, or features, functionality, and/or Content available on or through the Service or Publication; or (v) the amount, type, and/or basis for determining any Fees, any changes thereto, or additional Fees.

You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. In the event of any court action, all disputes will be resolved individually, without resort to any class action, and you specifically waive your right to a trial by jury. Furthermore, you agree that any cause of action must commence within one (1) year after the underlying issue first arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.

You agree that, regardless of where you access, visit and/or use the Service or Publication, all issues concerning the construction, validity, interpretation and enforceability of the Agreement shall be governed and construed in accordance with the laws of the United States, and in particular the State of Colorado, without regard to any principles of conflict of laws. Any disputes that result in court action will be resolved exclusively by a state or federal court located in Denver, Colorado, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. Should there be a conflict between the laws of the State of Colorado, and any other laws, the conflict will be resolved in favor of the laws of the State of Colorado.

If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.

17. MISCELLANEOUS

We reserve the right to post, from time to time, additional rules that apply to certain portions of the Service or Publication, or the Service or Publication as a whole. Such additional rules will be posted in the relevant portions of the Service or Publication, and are hereby incorporated into the Agreement by this reference. Your continued access, visitation and/or use of the Service or Publication constitutes your agreement to comply with these additional rules.

The rules, restrictions, limitations, terms and conditions that apply to the Service or Publication, whether listed in this Agreement or the Politique de confidentialité, posted at various points in the Service or Publication, or otherwise communicated to you, constitutes the Agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, or Content that augment or enhance the Service or Publication, including the release of updates, upgrades, new products and/or Service or Publications, shall be subject to the terms and conditions of the Agreement.

Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

If we have provided you with a translation of the English language version of this Agreement, then you agree that the translation is provided for your convenience only and that the English language versions of the Agreement will govern your relationship with us. If there is any contradiction between what the English language version of the Agreement says and what a translation says, then the English language version shall take precedence.

We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.

18. VIOLATIONS AND ADDITIONAL POLICIES

Nature First reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including without limitation the right to block access from a particular Internet address.

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