Nashville Zoo Terms of Use

These TERMS OF USE (this "Agreement") govern your use of this site, www.nashvillezoo.org, (this "Site") and is by and between Nashville Zoo, Inc. (referred to in this Agreement as the "Zoo", "Nashville Zoo", "we", "us", or "our") and you ("you", "your", or "user"). This Agreement applies whether you access or use this Site via personal computer, mobile device or otherwise and to interactive features or downloads that are owned or operated by the Nashville Zoo and that are available through this Site. This Agreement does not apply to any other website. By accessing or using this Site you agree to be bound by this Agreement and to use the Site in compliance with this Agreement. If you do not agree to be bound by all of these terms of use, please do not use this Site.

The Zoo reserves the right, at its sole discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms of use periodically for changes. Your continued use of this Site following the posting of changes to this Agreement will mean you accept those changes. This Agreement was last revised on June 15, 2011.

Account

When you conduct a purchase on this Site, Nashville Zoo may offer you the option to create an account with us (the “Account”) through this Site. You are responsible for safeguarding and maintaining the confidentiality of your password and Account information and for restricting access to your computer (or other internet access device, as applicable) so that others may not access your Account information. You agree to accept responsibility for all activities that occur under your Account, if any, whether or not you have authorized such activities or actions and you agree you will not sell, transfer, or assign your Account. Nashville Zoo reserves the right to terminate your Account or otherwise deny you access in its sole discretion without notice and without liability.

You will provide true, accurate and complete Account information and will promptly update relevant personal contact information provided to Nashville Zoo. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
You hereby authorize Nashville Zoo, directly or through third parties, to make any inquiries we consider necessary to validate your Account information. This may include submitting your data to third parties for authentication, validation or other method intended to determine that you are who you say you are or otherwise verifying the information you provide.

Obligations in Using the Site

In order to maintain an effective and efficient Site, the following rules apply to the use of this Site: (i) users may not post or transmit any message that is libelous, defamatory, obscene, racially, sexually, ethnically or otherwise objectionable or violates any other person’s copyrights, privacy rights, publicity rights, trademarks, trade secrets or rights in any confidential information. User will indemnify, defend and hold Nashville Zoo and its directors, officers, members, employees, affiliates, business partners, agents, contractors, subcontractors, licensors, guests, visitors, and volunteers harmless from and against any damages suffered by third parties as a result of user’s violation of this rule; (ii) users may not post or transmit any message, data, image or program with the intent to threaten the safety of others or with the effect of causing a reasonable person to perceive a threat to his or her safety; (iii) users may not use this Site to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising or promotional materials; (iv) a user who posts information to this Site represents that it is the sole owner of materials posted by it or that is has the right to license their use; (v) users will not impersonate any other person, user or company or upload or post any message, data, image, or program that users know to be false, fraudulent, deceptive, inaccurate, misleading or that misrepresents their identity or affiliation with a person or company; (vi) users acknowledge and agree that Nashville Zoo may take appropriate action in order to prevent the misuse of this Site to disseminate information, statements or materials that may be abusive, destructive, harmful or threatening to the safety of others or in order to comply with any law or regulation of any government entity; (vii) users may not interfere with other users’ use of this Site, including, but not limited to, the disruption of the normal flow or use of this Site; (viii) users may not post or transmit any contaminated or destructive files or distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; and (ix) users will not encourage or instruct any other individuals to do any of the foregoing or to violate this Agreement.

Submissions to this Site

This Site may offer interactive features that allow you to submit materials, participate in forums, blogs, message boards, and may provide you with the opportunity to submit, post, display, transmit, publish, distribute or broadcast such content and materials to Nashville Zoo or this Site. You agree that any use by you of such features, including any materials or content submitted, posted, displayed, transmitted, published, distributed, or broadcasted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials or content to this Site. You hereby grant Nashville Zoo an unrestricted, unconditional, irrevocable, worldwide, royalty-free, nonexclusive, and perpetual license to use such materials or content and any derivative works created from such materials or content as part of this Site without any compensation or obligation to you. You agree that any materials or content you submit to this Site will be treated as non-confidential and non-proprietary and will not be returned. Nashville Zoo reserves the right to not post or publish any materials or content, and to remove or edit any material or content, including any of your identifying information, at any time in its sole discretion without notice or liability to you.

Nashville Zoo has the right, but not the obligation, to monitor any materials or content submitted by you or otherwise available on this Site, to investigate any reported or apparent violation of this Agreement, and to take any action that Nashville Zoo in its sole discretion deems appropriate, including, without limitation, termination under this Agreement.

DMCA Notification Agent. In accordance with the Digital Millennium Copyright Act (DMCA), Nashville Zoo has designated an agent to receive notification of alleged copyright infringement occurring on this Site.

DMCA Notification Agent
Jim Bartoo
Nashville Zoo
3777 Nolensville Pike
Nashville, TN 37211

Contents of Notice
The DMCA requires that all notices of alleged copyright infringement be in writing. For Nashville Zoo to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Nashville Zoo of an alleged copyright infringement, you should include the following information:

  1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works on that website.
  2. Describe the material that is claimed to be infringing and provide sufficient information to permit Nashville Zoo to locate that material, including the item number, if applicable.
  3. Provide your contact information, including an address, telephone number, facsimile number and, if available, an e-mail address.
  4. Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
  5. Certify that the information that you have provided Nashville Zoo is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
  6. Include your physical or electronic signature.

Nashville Zoo may not be able to act on your complaint promptly or at all if you do not provide this information.

Downloads

If you download any files from the Site, including, without limitation, any audio files, video files, data files, images incorporated in or generated by the files, data accompanying the download and any files transmitted to you as part of the Nashville Zoo's Zoo View newsletter or similar services (collectively, the "Downloads"), you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license in such Downloads by us or the owner of the Downloads. Title to the Downloads is not transferred to you. You may own the medium on which the Downloads are recorded, but we or the owner of such Downloads retain all right, title, and interest in and to the Downloads, and all intellectual property rights in the Downloads. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the Downloads to a human-perceivable form, or transfer the Downloads to any third party. Any Downloads are done at your own discretion and risk and you will be solely responsible for any damage to your computer or other internet access device or loss of data that results from such Downloads.

Viral Distribution

Nashville Zoo may grant you limited, revocable permission to engage in certain expressly described personal uses of this Site's contents and materials as may be made available from time to time via forms of digital delivery on this Site for the purpose of viral distribution. Viral distribution may include such personal uses as: (a) sending Site content or materials to friends or acquaintances at no charge; (b) posting and displaying a copy of this Site's contents and materials on a personal website, a personal web page, social networking profile page or similar personal digital page; (c) posting and displaying a copy of this Site's content and materials on a third party website that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party website does not charge for access to those materials or associate those materials with products, services, or advertising.

If such viral distribution is made available on this Site, you may engage in viral distribution pursuant to this Agreement, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of this Site's content or materials without our express written permission.

Promotions

This Site may contain or offer promotions, which may be governed by a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable promotion. The specific promotional rules do not supersede this Agreement or the Privacy Policy of the Nashville Zoo. Please review the Contest and Promotions section of our Privacy Policy regarding our use of your personally identifiable information.

Use of Third Party Services/Links to Third Party Websites
This Site may contain information, products, and services, provided by third parties and links (including advertisements) to websites made available by third parties (“Third-Party Offerings”). Accessing those Third Party Offerings requires you to leave this Site. We do not control any Third Party Offerings linked to from this Site, and your dealings with such third parties are solely between you and such third parties. Nashville Zoo does not make any representations or warranties, express or implied, regarding these Third-Party Offerings. Inclusion of any of the Third-Party Offerings on this Site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Nashville Zoo with respect to any third party or its Third-Party Offerings and you access and use such Third Party Offerings at your own risk. Your use of such Third Party Offerings is subject to the terms and conditions, if any, established by such third parties, and we encourage you to review their user terms and privacy policy, if any, before you use their services.

Copyright
All content and materials of this Site are copyright © Nashville Zoo at Grassmere, 3777 Nolensville Pike, Nashville, TN 37211, USA. All rights reserved. Reproduction, distribution, or exhibition of text, photographs, graphics, video, or audio files on this Site is strictly prohibited without prior approval.

Nashville Zoo, Nashville Zoo at Grassmere as well as other marks that may appear on this Site are trademarks, registered trademarks, or service marks of Nashville Zoo, Inc.

Intellectual Property Rights and Ownership

You acknowledge and agree that as between you and the Nashville Zoo, the Zoo owns all right, title and interest, including all intellectual property rights in and to the Site, and all information, content, materials, services, technology therein, and all derivative works or enhancements thereof. You will not acquire any right, title or interest to any content provided by the Nashville Zoo, except for the limited use rights expressly set forth in this Agreement. Any rights not expressly granted in this Agreement are withheld and no implied licenses are granted by the Nashville Zoo. Except as expressly permitted by applicable law or authorized by the Nashville Zoo, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Site, in whole or in part. All requests to reproduce artwork in any form from the Zoo’s collection must be pre-approved by Nashville Zoo in writing; requests for approval should be submitted to:

Nashville Zoo at Grassmere
3777 Nolensville Pike
Nashville, TN 37211
Attn: Webmaster

Disclaimers

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND AT YOUR OWN DISCRETION. THIS SITE, THE CONTENT, INFORMATION AND MATERIALS AVAILABLE FROM OR THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NASHVILLE ZOO EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE RELATED TO THIS SITE, THE CONTENT, INFORMATION AND MATERIALS AVAILABLE FROM OR THROUGH THIS SITE. SPECIFICALLY, NASHVILLE ZOO MAKES NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT THIS SITE WILL OPERATE OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS. WITHOUT LIMITING THE FOREGOING, NASHVILLE ZOO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGE OR VIRUS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR PROPERTY ON ACCOUNT OF YOUR USE OF THIS SITE OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THIS SITE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THIS SITE, YOU DO SO AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, NASHVILLE ZOO DOES NOT REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. NASHVILLE ZOO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THIS SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. NASHVILLE ZOO DOES NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND NASHVILLE ZOO SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF NASHVILLE ZOO, WHETHER MADE ON THIS SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.

NASHVILLE ZOO DOES NOT ENDORSE THE USER CONTENT OR SUBMISSIONS, IS NOT RESPONSIBLE FOR THE USER CONTENT OR SUBMISSIONS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT OR SUBMISSIONS) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR SUBMISSIONS OBTAINED THROUGH THIS SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL NASHVILLE ZOO BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THIS SITE; (B) THE MATERIALS; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT OR SUBMISSIONS; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THIS SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY NASHVILLE ZOO OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THIS SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THIS SITE'S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER OR INTERNET ACCESS DEVICE, OR COMPUTER SOFTWARE, EVEN IF FORESEEABLE OR EVEN IF NASHVILLE ZOO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL NASHVILLE ZOO BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY OF THE CONTENT OR MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS SITE OR THE CONTENT OR MATERIALS.

Indemnification

You agree to defend, indemnify and hold harmless Nashville Zoo, its directors, officers, members, employees, affiliates, business partners, agents, contractors, subcontractors, licensors, guests, visitors, and volunteers from and against any claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) submissions to this Site; (b) your use of this Site or activities in connection with this Site; (c) your breach of this Agreement; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or wireless device, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) Nashville Zoo's use of your information. You will cooperate as fully required by Nashville Zoo in the defense of any claim. Notwithstanding the foregoing, Nashville Zoo retains the exclusive right to settle, compromise and pay any claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Agreement. Nashville Zoo reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee, officer, or director of Nashville Zoo.

Termination

We may immediately terminate or suspend your Account and access to this Site, in the event that you breach any term of this Agreement. We also reserve the right to discontinue or terminate this Site or your access to this Site at any time and for any reason. Upon any termination, all licenses and other rights granted to you by this Agreement shall immediately cease. The following provisions shall survive any suspension, termination or cancellation of this Agreement: Submissions to this Site, Downloads, Copyright, Intellectual Property Rights and Ownership, Disclaimers, Limitation of Liability, Indemnification, and General Provisions.

General Provisions

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the terms of this Agreement or this Site shall be filed only in a state or federal court located in the State of Tennessee. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Any cause of action or claim you may have with respect to this Site or this Agreement must be commenced within one year after such claim or cause of action arises. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and the Nashville Zoo relating to the subject matter contained in this Agreement and shall not be modified except as otherwise set forth in this Agreement. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition of this Agreement, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition of this Agreement. Nashville Zoo may assign its rights and duties under this Agreement to any party at any time without notice to you. This Agreement may not be assigned by you without Nashville Zoo's prior written consent.