Terms of App Use
- Permitted Use of The App
- Prohibited Use of The App
By accessing the App, you agree that you will not:
- Use the App in violation of the terms of Blackland Prairies' Acceptable Use Policy at http://blackland prairies.org/legalbee/acceptable-use/.
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the App, or otherwise attempt to discover any source code, or allow any third party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
- Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the App in a manner that sends more request messages to the Blackland Prairies servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Use the App in any manner that damages, disables, overburdens, or impairs any Blackland Prairies website or interferes with any other party's use and enjoyment of the App;
- Mirror or frame the App or any part of it on any other web site or web page.
- Attempt to gain unauthorized access to the App;
- Access the App by any means other than through the interface that is provided by Blackland Prairies for use in accessing the App;
- Use the App for any purpose or in any manner that is unlawful or prohibited by this Agreement.
Any unauthorized use of any Content or the App may violate patent, copyright, trademark, and other laws.
Mobile Application Service
- Applicability. If you use our mobile application offering, formerly known as Polli-Nation Systemization, (the “mobile application”), the following additional terms apply. In the event of a conflict between the terms set forth in the ‘General Terms’ and the terms set forth in this ‘Mobile Application’ section, the terms in this ‘Mobile Application’ section will control with respect to your use of the Mobile Application.
- Limits. Limits apply to your use of certain features of the Mobile Application. These limits are detailed at www.blacklandprairies.org/polli-nation. They may change these limits any time in our sole discretion.
- Modifications. We might make changes to the Mobile Application that materially reduce the functionality of the Mobile Application to you during the Subscription Term.
- Support. Support for the Mobile Application is offered via webform only. We accept webform support questions 24 Hours per Day x 7 Days per Week at http://www.bsneessolutions.com/appsupport
- Renewal Subscription Term. Upon renewal, your subscription will be adjusted to match the user information actually assigned at the end of your then-current Subscription Term. Should you decide not to renew, you may send notice of non-renewal by deleting the app the device level. You may also send notice of non-renewal as specified in opt-out or unsubscribe as detailed in this agreement.
- Retrieval of Customer Data. We will only use patron data to identify app user’s form submission and image upload. To stay connected with user about future app features and promotions
- Contracting Entity and Applicable Law. If you do not pay us fees for your use of the Mobile Application, you are contracting with Blackland Prairies. with respect to your use of the Mobile Application. If you pay us fees for your use of the Mobile Application, the phrase “located in” as used in the ‘Contracting Entity and Applicable Law’ section in the ‘General Terms’ above means your billing address.
- Amendment; No Waiver. If we update or change these Customer Terms of Service, this notification will be included as a push notification under the news tab in the application.
- Mobile Application Usage Restrictions. You may not use the Mobile Application if you are legally prohibited from receiving or using the Mobile Application under the laws of the country in which you are resident or from which you access or use the Mobile Application. The Mobile Application is not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or the Federal Information Security Management Act (FISMA), so we will not use the Mobile Application where your communications would be subject to such laws. We agree not to use data from the Mobile Application in legal proceedings or otherwise as evidence.
- Mobile Application. If you install the Mobile Application, We will have access to certain information associated with your email account and will use some of this information to provide the Mobile Application services. We may store and use your email data, such as the distribution lists (for example, the “to”, “from”, “cc”, and “bcc” fields), the subject lines, and the URLs of tracked links from your emails in order to provide the Mobile Application. If you use the "Location" feature in the Mobile Application, We will only store the locations of the submitted form tool only (along with the associated attachments) that you upload to send in order to use this provided feature. The location tool is user activated and read only. You must add the location determined by the tool found in the “Prairie Tools” menu button and add the information in your species catalog form submission field: “location” to store the accurate location of species data collected on the Mobile Application in order to use the "Submit" feature. If you choose to connect your Facebook profile with the Mobile Application, We may use information from your Facebook login to power our “Connections” feature, which allows users who have an account login to the Mobile Application without having to create a new user account on the Mobile Application. When creating a new user account on the Mobile Application submitted personal data will be used as detailed in this agreement for user login. If you opt to not use our template forms and/or tools, the Mobile Application will not connect the user to our private Mobile Application features or allow for form submissions. By installing the Mobile Application, you grant us the right to access and use your information and data as described in this section. If you do not agree to the terms in this section, you should not use the Mobile Application. WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE ACCURACY OF DATA FROM THE MOBILE APPLICATION. ALL INFORMATION SUBMITTED WILL BE SUBJECT TO REVIEW FOR IDENTIFICATION OF SPECIES AND APPROPRIATE CONTENT SUBMISSION. FURTHER ABUSE OF THE MOBILE APPLICATION’S UPLOAD IMAGE FEATURE WILL RESULT IN DENIED ACCESS TO MOBILE APPLICATION FEATURES AND USE.
- Profile Data. The Mobile Application will only use your name to credit the images submitted on our social media networks and publically published database. The email information connected through the Mobile Application will allow us to stay connected with the users for promotions, campaigns, events, and information of interest for the user. We agree that the data will be confidential and that we own all rights to use and incorporate the uploaded information into those public social profiles and the prairie database publications of Blackland Prairies and network.
- Content Library. The Mobile Application’s ‘Content Library’ feature allows users uploaded images to store and be presented in a social media gallery and other data form content to share with partners and public in our official database collection tool. Files that you upload using this ‘Content Library’ feature are stored by us and shared with other users via social media and network websites.
- Survival. The following sections in this ‘Mobile Application’ section shall survive the expiration or termination of this Agreement: ‘Contracting Entity and Applicable Law’, ‘Mobile Application’ Usage Restrictions’ and ‘Survival’.
- Applicability. In the event of a conflict between the terms set forth in any of the sections above and the terms set forth in this ‘Free Services’ section, the terms in this ‘Free Services’ section will control with respect to your use of the Free Services.
- Additional Definitions. “Free Services” means the sign up or opt-in service or other products or features made available by us to you on an unpaid trial or free basis.
- Limits. Notwithstanding anything to the contrary in this Agreement, limits may apply to our Free Services, regardless of whether these limits are specified as set forth in Section 2.b. of the ‘General Terms’ above or other sections of the ‘Product Terms’. These limits may be specified only within the Free Services. We may change the limits that apply to your use of our Free Services any time in our sole discretion without notice to you, regardless of whether or not these Free Services are used in conjunction with other products or services for which you pay us a fee. In order to use our Free Services, you must be 18 years of age or older, unless you are subject to the laws of Japan, in which case you must be 20 years of age or older.
- Free Services. If you use our Free Services, we will make the Free Services available to you free of charge until earlier of (a) the date on which your free subscription is terminated or (b) the start date of your paid subscription.
- Free Trial. If you register for a trial of the Free Services, we will make the Free Services available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period (if not earlier terminated) or (b) the start date of your paid subscription. If we include additional terms and conditions on the trial registration web page, those will apply as well. Unless you purchase a subscription to the applicable Free Services before the end of the free trial, all of your data in the sign up or opt-in service may be permanently deleted at the end of the trial, and we will not recover it.
- Disclaimers; Limitations of Liability. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE FREE SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE FREE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE FREE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BLACKLAND PRAIRIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, BLACKLAND PRAIRIES IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT BLACKLAND PRAIRIES’ AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED DOLLARS. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE FREE SERVICES TO YOU. THIS ‘DISCLAIMERS; LIMITATIONS OF LIABILITY’ SECTION SHALL APPLY IN LIEU OF THE ‘DISCLAIMERS; LIMITATIONS OF LIABILITY’ SECTION IN THE ‘GENERAL TERMS’ WITH RESPECT TO YOUR USE OF OUR FREE SERVICES.
- Suspension. We may suspend, limit, or terminate the Free Services for any reason at any time without notice.
- Contracting Entity and Applicable Law. You are contracting with Blackland Prairies Dallas with respect to your use of the Free Services.
- Survival. The following sections in this ‘Free Services’ section shall survive the expiration or termination of this Agreement: ‘Definitions’, ‘Disclaimers; Limitations of Liability’, ‘Contracting Entity and Applicable Law’, and ‘Survival’.