Terms and Conditions

Website Terms & Conditions of Use

By accessing the Website, you acknowledge that you have read and understand these Terms & Conditions, accept them, and agree to be legally bound by them. You should not use the Website if you have any objections to any of these Terms & Conditions.

The Website is provided to you under these Terms & Conditions of Use and any amendments or supplements to them that may be posted from time to time.

We may revise these Terms & Conditions and the Privacy Policy (below) over time as new features are added to the Website or as Internet law and standards evolve. We will post these changes but recommend that you read these Terms & Conditions periodically when you visit the Website.

Your continued participation on this Website indicates your acceptance of these Terms & Conditions, including your acceptance of the Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information (as defined in the Privacy Policy).

If you have any objections to any of these Terms & Conditions, you should immediately discontinue use of the Website.

Other Terms

Some areas of this Website may have additional rules, guidelines, and/or other terms and conditions that apply to your access and/or use of that area of the Website and that may be revised from time to time ("Other Terms"). If there is a conflict or inconsistency between any of these Terms & Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Website.

Use of the Site

You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Children’s Privacy

Protecting the privacy of the very young is especially important. We never collect or maintain information at the Website from persons we know to be under age 13 without parental consent, and our Website is not designed to attract anyone under age 13. Please do not communicate with or contact us if you are under age 13. By your participation in our Website activities, you certify that you are at least 13 years of age and meet any other eligibility requirements of the Website.

Privacy

View our full Privacy Policy below.

Copyright and Permissions

Please feel free to browse the Website. In general, and unless otherwise posted, you may review and print copies of material from the Website, provided that the material (1) is used only for non-commercial purposes, and (2) retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on the Website.

You are not permitted to make or distribute copies of material on the Website for any commercial purpose without our prior written permission.

None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without our prior written permission.

Except as otherwise noted, such as relating to the rights held by individual photographers whose work is displayed on the Website, all content of the Website is:

For further information regarding permission to use material from the Website, please contact us at: wendy@wendybenchley.com

Trademarks

PETER BENCHLEY is a federally registered trademark. Users of this Website may not make any use of the mark PETER BENCHLEY without our prior written permission.

You agree not to display or otherwise inappropriately use the PETER BENCHLEY trademark. Please make requests for permission by e-mail to: benchleywebinfo@gmail.com We will evaluate your request and respond as soon as possible.

Disclaimers

We post information and material on the Website for your personal use. But none of the material on the Website is intended, nor should it be construed as, professional advice of any form.

THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY AND ALL INFORMATION AND MATERIAL) IS PROVIDED SOLELY AS GENERAL INFORMATION. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION OR MATERIAL POSTED ON THIS WEBSITE. WHILE WE STRIVE TO PROVIDE INFORMATION THAT IS ACCURATE, COMPLETE, AND UP-TO-DATE, WE CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THIS WEBSITE.

We may also provide links to other websites that we hope you will find helpful. We do not control the material presented in other websites, however, and we do not vouch for or assume responsibility for the accuracy of such material.

Additional Disclaimers and Limitation of Liabilities and Warranties

The Website may contain technical inaccuracies, typographical errors, and out of date information. We make no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and no warranty that the Website will meet your requirements. We reserve the right to make changes to the Website at any time. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

WE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY INFORMATION, MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” WE MAKE NO WARRANTY OF NONINFRINGEMENT. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE WEBSITE.

Indemnification

You shall indemnify and hold harmless this Website, its owners and agents, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website, including any information, material and/or services offered through the Website, Content that you submit through the Website, and/or your breach of any of the provisions of the Terms & Conditions and/or the Privacy Policy.

Intellectual Property Limitation of Liability

We respect the intellectual property of others, and we ask visitors to our Website to do the same. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent.

Identification of the copyrighted work(s) that you claim has been infringed;
Identification of where the material that you claim to be infringing is located on the Website;
A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
Your address, telephone number, and e-mail address; and
Your physical or electronic signature.

Our designated agent for notification of claims of copyright infringement on this Website can be reached as follows:

Address
5024 Cathedral Ave., NW

Washington, DC 20016
Attn: Benchley web inquiries

Telephone
609.635.1616

E-mail
benchleywebinfo@gmail.com

Dispute Resolution

Any action based on a breach of any provision of these Terms & Conditions shall be brought to the federal or local courts presiding in Washington, DC, United States, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction, and to order the payment of damages and attorneys’ fees and such other and further relief as the court may deem appropriate.

Applicable Laws and Jurisdictional Issues

The Website shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the District of Columbia applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Website, you consent to the jurisdiction of the courts presiding in Washington, DC and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

Compliance with Laws

You agree that you will not use the Website for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, or use the Website in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Website or the products or services provided on or through the Website in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.

Headings

The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

Invalidity of Provisions

In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

No Waiver

Any failure by us to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

Complete Understanding

These Terms & Conditions constitute the entire understanding between you and us with respect to the Website. No changes to these Terms & Conditions shall be made except by a revised posting on this page.

BY USING THE WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE WEBSITE, YOU WARRANT THAT YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL.

If you have any questions about our Terms & Conditions, please contact us by e-mail at: benchleywebinfo@gmail.com

Privacy Policy

This Privacy Policy is a part of the Terms & Conditions of the Peter Benchley Ocean Awards website (the “Website”) and is binding on all Website users.

We respect and wish to protect your privacy. We therefore exercise precautions to maintain the confidentiality of information that you provide to us.

We may gather certain types of personally identifiable information, such as your name, e-mail address, street address or other postal mailing address, and telephone number(s) (collectively, “Personal Information”). It is therefore important for you to know how we collect, use, disclose, manage, and store the Personal Information that you may voluntarily provide to us, as well as the information that is collected passively on the Website.

This Privacy Policy sets forth our current policies and practices with respect to Personal Information of Website users. Your continued participation on this Website indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below.

If you have any objections to this Privacy Policy, you should immediately discontinue use of the Website.

Collection and Use of Information

We may collect and use aggregate information to analyze trends. Aggregated information is not covered by this policy because it does not identify any individuals.

You may browse the Website without providing any Personal Information.

We do not collect Personal Information about you except when you provide it, such as when you:

click "Sign Up Now" to receive e-mails and/or other communications from the Website
post on our blog page

When you engage in any of the activities listed above, you will be asked to submit certain Personal Information, including your full name and mailing address, e-mail address, and telephone number. We may use your Personal Information to notify you about programs and events that we think may be of interest to you, and to respond to your suggestions and questions.

Please let us know when your Personal Information changes.

We may also use your Personal Information for operational and business purposes, or to find out how we can improve the Website. We use aggregate Personal Information collected directly and via “cookies” to help us evaluate and modify the Website.

Cookies

This Website uses “cookies” to obtain non-Personal Information from online visitors in order to improve their online experience and facilitate their visit within the Website. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page – this can save you time.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website.

Disclosure of Information

We may share Personal Information with third parties with whom we collaborate on ocean conservation projects.

You may always “opt- out” if you do not wish to allow your Personal Information to be shared as described. (See below)

Moreover, we may disclose Personal Information in special cases: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be intentionally or unintentionally: (a) causing injury to another person; (b) interfering with our rights or the rights of another party; and/or (c) threatening the physical safety of any person; or (2) when we believe in good faith that the law requires it, such as to comply with a court order, subpoena or warrant.

Procedures to Review Your Personal Information and to Opt-Out

You can always contact us if you wish to review any Personal Information we may have about you. If we have Personal Information about you, we will provide you with a readable copy of such Personal Information at no charge. Factual errors in your Personal Information, including out-of-date information, can be corrected by sending us a request that credibly shows our error. To protect your privacy and security, we take commercially reasonable steps to verify your identity before granting access to Personal Information or making corrections.

Also, you may “opt-out” of receiving further communications from us. If you are receiving e-mail messages from us and do not wish to receive any more, use the links on the bottom of the e-mail message to “unsubscribe” or make changes to your e-mail preferences. When we receive your notification that you want to opt-out, we will process your request promptly.

Please note, however, that as a result, you may not receive further information about special programs or events.

Further, if you do not want your Personal Information to be shared with third parties in the manner discussed in the sections above entitled “Collection and Use of Information” and “Disclosure of Information,” please contact us by email at wbenchley@gmail.com

Security of Information

The Personal Information collected through the Website is maintained in a manner consistent with current industry standards. Your Personal Information is protected in several ways. Your Personal Information resides on servers that are protected by physical and electronic safeguards. Certain payment information and other Personal Information is encrypted using secure socket layer technology (SSL) to prevent unauthorized parties from viewing such information when it is transmitted to us.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Website cannot be guaranteed; (c) any such information and data may be viewed or tampered with in transit by a third party; and (d) WHEN YOU TRANSFER ANY INFORMATION TO US, YOU DO SO AT YOUR OWN RISK.

Links to Third Party Websites

The Website may contain links to the websites of third parties. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by the Website of the content, advertising or business practices. We are NOT responsible for the privacy practices or the content on any of these other websites, including any websites that may indicate that they are “Partners” and/or have a special relationship with us. The linked websites may collect Personal Information from you when you link to their websites. This collection of information is not subject to our control. To ensure protection of your privacy, always review the privacy policies of the websites you visit by linking from the Website.

International Users

The Website is hosted in the United States and intended for use in the U.S. If you are accessing the Website from a location outside the U.S. and that location has laws or regulations regarding the collection, use and/or disclosure of Personal Information that is different than U.S. laws and regulations, please be advised that your continued use of the Website, which is governed by U.S. law (as stated in the Terms & Conditions), indicates your consent to the transfer of your Personal Information to the U.S.

Our Commitment to Children’s Privacy

Changes to this Privacy Policy

We may revise this Privacy Policy over time as new features are added to the Website or as Internet law and standards evolve, and this will be reflected by the "Last Modified" notice below. We will post those changes prominently but we do recommend that you read this Privacy Policy periodically when you visit the Website. Changes will not apply retroactively to Personal Information that was collected before the changes to the Privacy Policy, except as may be required by law.

Last Modified: April 2, 2018

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