The Zoo reserves the right to change these Terms and the Site at any time without notice. Your continued use of the Site after any such change in our Terms indicates your agreement to the modified terms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE.
II. License To Use The Site
Subject to your compliance with these Terms, the Zoo grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, display, view, and/or use the Site, provided that: (a) all intellectual property notices are kept intact; (b) you make no modifications to the Site; (c) you do not yourself allow, or permit any third party, to insert any code to manipulate the Site in any way; and (d) no graphics available from this Site may be used, copied, or distributed separate from the accompanying text. All other rights are expressly reserved to the Zoo.
III. Linking Policy
The Zoo grants you a limited, non-exclusive, revocable right to create a hyperlink to the Site; provided, however, that any such website that hyperlinks to the Site: (a) does not portray the Zoo or any of its products, services or programs in a false, misleading, derogatory or otherwise defamatory manner; (b) must not frame or utilize framing techniques to create or border environment around any of the content on the Site or otherwise mirror any part of the Site; (c) does not imply that the Zoo is endorsing or sponsoring it or its products without the Zoo’s prior written consent; (d) must not use any Zoo trademarks (including in any meta-tags or similar technique) without prior written consent; and (e) must not contain content that is offensive, controversial, or otherwise objectionable (in the Zoo’s sole opinion). Notwithstanding the foregoing, the Zoo reserves the right to prohibit linking to the Site for any reason.
The Site may provide hyperlinks to third-party websites. The Zoo makes no representations or warranties of any kind regarding the security, quality, or content of such third-party websites.
IV. Intellectual Property
The entire contents of the Site are copyrighted under the laws of the United States. No part of the Site (whether in whole or in part) may be copied, reproduced, downloaded or distributed in any way, without the Zoo’s prior written permission, except as expressly provided herein.
“Seneca Park Zoo”, “Connect, Care. Conserve.”, and the various logos displayed on the Site are the trademarks/service marks of the Zoo. You may not display or use any such marks in any manner for any purpose whatsoever without the Zoo’s prior written permission. Any unauthorized use of the Site is prohibited. References to any third-party intellectual property, products, services, or information does not constitute or imply an endorsement, sponsorship or recommendation thereof by the Zoo.
You agree, to the fullest extent permitted by law, to defend, indemnify, and hold harmless the Zoo, its officers, directors, trustees, predecessors and/or successors in interest, employees, agents, subsidiaries and affiliates, from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Zoo by any third party, whether directly or indirectly, due to or arising out of or in connection with your use of the Site.
VI. Disclaimer of Warranties
THE SITE IS PROVIDED ON AN “AS IS”, “WHERE IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ZOO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE AND NON-INFRINGEMENT. THE ZOO DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE ZOO DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES. YOUR USE OF THE SITE AND ANY INFORMATION OBTAINED THROUGH YOURS USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM SAID USE OF THE SITE.
VII. Limitation Of Liability
IN NO EVENT SHALL THE ZOO OR ITS OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS OR AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES (INCLUDING RELIANCE DAMAGES) CAUSED BY ANY INFORMATION OBTAINED FROM THE ZOO, OR THAT RESULTS FROM ANY FAILURE IN PERFORMANCE OF THE SITE OR THE ZOO’S COMPUTER SYSTEMS, INCLUDING BUT NOT LIMITED TO FAILURES CAUSED BY ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE OR THE ZOO’S COMPUTER SYSTEMS.
VIII. Location and Foreign Use Notice
The Site is controlled and operated by the Zoo from the United States. The Zoo makes no representations or warranties that the Site is appropriate or available for use in locations outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, and any information you provide to us will be transferred to the United States and by your submission of such information you consent to this transfer and storage of the data in the United States. We reserve the right to limit the availability of the Site and its contents to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
IX. Severability And Non-Waiver
If any provision of these Terms shall be deemed unlawful or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions herein. The failure of the Zoo to enforce performance of these Terms or to exercise any rights or remedies hereunder shall not be construed as a waiver of the Zoo’s right to assert or enforce such rights or remedies in that or any other instance.
X. Applicable Law, Jurisdiction, And Venue
These Terms shall be governed by applicable federal law and the laws of the State of New York, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding in connection with or related to these Terms, or the use of the Site, shall be brought and venued only in the state or federal court with jurisdiction sitting in Monroe County, New York, and you consent to personal jurisdiction in the state or federal courts located in the State of New York.
In its sole discretion, the Zoo reserves the right to terminate your use of the Site without notice and to prevent your future access to and use of the Site.