Privacy Policy and User Agreement

Terms of Use

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Last Update: 21 September 2021

The following Terms of Use apply to the Wildlife Illinois portal (the domain wildlifeillinois.org and all of its subdomains, including wild.wildlifeillinois.org hereinafter the “Illinois Wildlife”). Illinois Wildlife portal is managed and supported by Illinois Department of Natural Resources—Wildlife Division, and 2wav inc. ("IDNR," “2wav,” “we,” or “us”). Use of Wildlife Illinois portal or any subdomains (“Site”), including but not limited to any of the features, products or services contained or described on the Site, constitutes the user’s agreement to abide by and be subject to these Terms of Use. We may update these Terms of Use at any time. It is the user’s sole responsibility to check the Site from time to time to view any such changes, and continued usage of the Site after any changes to these Terms of Use shall constitute user’s acceptance of and user will be subject to, those changes.

Wildlife Illinois is also subject to our Privacy Policy. The Privacy Policy, incorporated by reference to these Terms of Use, explains how we collect, use, and share information about you when you access or use our Site.

I. Modification of the Terms of Use

We maintain the right to modify these Terms of Use and may do so by posting modifications on this page. Any modification is effective immediately upon posting the modification unless otherwise stated. Your continued use of Wildlife Illinois portal following the posting of any modification signifies your acceptance of that modification. You should regularly visit this page to review the current Terms of Use.

II. Warranty Disclaimer

THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, IDNR, 2WAV AND ITS SUBCONTRACTORS, PARTNERS, SUPPLIERS AND RESEARCHERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IDNR, 2WAV AND ITS SUBCONTRACTORS, PARTNERS, AND SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE.

III. Limitation of liability; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDNR, 2WAV OR ITS SUBCONTRACTORS, PARTNERS, OR SUPPLIERS, THEIR AFFILIATES, DIRECTORS, OR EMPLOYEES, OR THEIR LICENSORS OR PARTNERS, OR RESEARCHERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, HOWEVER ARISING, AND WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IDNR OR 2WAV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THE USER RELEASES IDNR, 2WAV AND ITS SUBCONTRACTORS, PARTNERS, AND SUPPLIERS FROM LIABILITY FOR ANY SUCH DAMAGES, AND FROM ANY OTHER LIABILITY, INCLUDING BUT NOT LIMITED TO LIABILITY THAT MAY RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH IDNR, 2WAV, ITS SUBCONTRACTORS, PARTNERS, OR SUPPLIERS, OR ANY OTHER USER OF THE SITE.

IV. Registrant Account, Password, and Security

In order to access the full Wildlife Illinois products and services, you must complete a registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also may be requested to choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. IDNR and 2wav will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and you could be held liable for losses incurred by IDNR, 2wav or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder which permission may not be given in violation of any provision of this or other agreements or policies relating to your use of Wildlife Illinois portal. If such permission is granted in conformance with this agreement and all other policies the user to which such permission has been granted will be bound by all provisions of this agreement and all other policies regarding use of Wildlife Illinois portal and the person granting such permission shall be liable for the actions of the user granted such permission.

V. No Unlawful or Prohibited Use

As a condition of your use of the Site and services (“Resources”), you will not use them for any purpose that is unlawful or prohibited by these Terms of Use, or any other conditions, and notices. You may not use the Resources in any manner that could damage, disable, overburden, or impair any IDNR or 2wav server, or the network(s) connected to any IDNR or 2wav server, or interfere with any other party's use and enjoyment of any Resources. You may not attempt to gain unauthorized access to any Resources, other accounts, computer systems or networks connected to any IDNR or 2wav server or to any of the Resources, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Resources.

IDNR and 2wav reserve the right to monitor your use of the Resources to ensure compliance with these Terms of Use and prevent fraudulent or otherwise unauthorized use. You acknowledge that such monitoring of use may include determining whether or not the Resources are accessed under the account from multiple IP addresses, as well as noting excessive downloads or a disproportionate number of users. Systematic access or extraction of content from the Resources, including, but not limited to, the use of "bots" or "spiders," is prohibited. If such monitoring indicates you are not in compliance with these Terms of Use or if fraudulent activity is suspected, INDR and 2wav reserve the right to take such action as it deems necessary, including, but not limited to, termination of a Registrant’s account.

VI. Use of Resources

The Resources may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photos, and/or other message or communication facilities designed to enable you to communicate with others ("Communication Services"). You agree to use the Communication Services only to post, send and receive messages and materials that are appropriate and proper, and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information which is made available through the Resources in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage or interfere with the operation of another person’s computer or property.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Resources or other user or usage information or any portion thereof.
• Attempt to reverse engineer or back-calculate software parameters, modeling results or inputs.

IDNR and 2wav have no obligation to monitor the Communication Services. However, IDNR and 2wav reserve the right to review materials posted to the Communication Services and to remove any materials it deems inappropriate in its sole discretion. IDNR and 2wav reserve the right to terminate your access to any or all of the Communication Services at any time.

IDNR and 2wav reserve the right to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IDNR or 2wav's sole discretion.

IDNR and 2wav does not control or endorse the content, messages or information found in any Communication Services and IDNR and 2wav disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

VII. Materials and Information Provided to IDNR or 2wav or Posted on the Site

IDNR and 2wav does not claim ownership of the materials and information you provide to Wildlife Illinois (including feedback and suggestions) or post, upload, input or submit for review by the general public, or by the members of any public or private community ("Submission"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting IDNR and 2wav permission to use your Submission, without compensation or other consideration, in connection with the operation of its business (including all IDNR and 2wav Resources), including, without limitation, the license rights to: copy, distribute, transmit, reproduce, and edit your Submission; to use data from you Submission to improve the performance of the software’s algorithm; and the right to sublicense such rights to any supplier of the Resources. IDNR and 2wav are under no obligation to post or use any Submission you may provide and IDNR or 2wav may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

IDNR and 2wav uses a combination of industry standard security measures to protect your personal information from loss and misuse. For example, we use encryption when transmitting payment card information over the Internet. However, information transmitted via the Internet and/or stored on systems connected to the Internet is not 100% secure. As a result, IDN and 2wav do not ensure, warrant or guarantee the security or integrity of such information notwithstanding any other provision of the Privacy Policy below.

VIII. Notices and Procedure for Making Claims of Copyright Infringement

IDNR and 2wav attempt to obey all applicable copyright laws. Any claim of copyright violation should be reported to us; and we will review all such claims, and will remove content from its web site and other materials that we conclude has been posted or distributed in violation of copyright laws. If you believe that any content hosted on Wildlife Illinois violates your rights under copyright laws, you should submit notice of such violation in compliance with the Digital Millennium Copyright Act (“DMCA”) to the following:

Telephone : +1 415-890-2WAV

Email : support@wildlifeillinois.org

The notice must contain the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

IX. Links to Third Party Sites

Links to other sites will let you leave Wildlife Illinois' site. IDNR and 2wav are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. IDNR and 2wav are not responsible for webcasting or any other form of transmission received from any linked site. IDNR and 2wav are providing these links only as a convenience, and the inclusion of any link does not imply endorsement.

X. User Consent to Receive Communications in Electronic Form

For contractual purposes, you (a) consent to receive communications from IDNR and 2wav in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that IDNR or 2wav provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

XI. Choice of Law/Forum Selection/Attorney Fees

You agree that any dispute against 2wav arising out of or relating to https://wild.wildlifeillinois.org, whether based in contract, tort, statutory or other law, will be governed by federal law and by the laws of Illinois, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Sangamon County, Illinois as the exclusive legal forums for any such dispute.

You agree that any dispute against the State of Illinois or the Illinois Department of Natural Resources arising out of or relating to https://wild.wildlifeillinois.org, whether based in contract, tort, statutory or other law, will be governed by the laws of Illinois, excluding its conflicts of law provisions, and must be brought before the Illinois Court of Claims. You further consent to the personal jurisdiction of and exclusive venue in the the federal and state courts located in and serving Sangamon County, Illinois as the exclusive legal forums for any such dispute.