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The Florida Aquarium - 30 Years

Privacy & Terms

Terms of Use

BINDING AGREEMENT

These Terms of Use constitute an agreement (the “Agreement”) between you and The Florida Aquarium (the “Aquarium,” “we,” or “us”). This Agreement applies to your use (including purchases) of all websites maintained by the Aquarium, including, but not limited to, www.flaquarium.org and www.learn.flaquarium.org (collectively, our “Online Services”).

By accessing, browsing, or using any of the Online Services, you consent to be bound by this Agreement. Therefore, you should read all terms and conditions in this Agreement carefully. If you do not accept any term or condition of this Agreement, you may not use any of the Online Services.

By accessing, browsing, or using the Online Services, you acknowledge and warrant that, in consideration of the Aquarium’s willingness to make the Online Services available to you:

Your Privacy

The Aquarium respects your privacy rights and permits you to control the treatment of your personal information. The Aquarium’s privacy policy is expressly incorporated into this Agreement by this reference.

Your Conduct

We impose certain standards on your conduct when accessing, browsing, or using the Online Services. Specifically, you shall:

Site Content

The Online Services are our proprietary property and contain information, source code, functionality, website design, databases, software, photographs, graphics, audio, video, text, images, typefaces, graphics and other material (collectively “Aquarium Content”) that are protected by copyrights, trademarks, or other proprietary and intellectual property rights. By using or accessing the Online Services, you acknowledge that these rights are valid and protected in all forms, media and technologies existing now or later developed.

Our Intellectual Property Rights

The Aquarium Content and trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Aquarium Content and the Marks are provided on the Online Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Online Services and no Aquarium Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Online Services, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Aquarium Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Online Services, the Aquarium Content and the Marks.

Limitations on your use of Aquarium content

You may not modify, remove, delete, augment, add to, publish, transmit or participate in the transfer or sale of Aquarium Content. You may not create derivative works from, or in any way exploit any Aquarium Content, in whole or in part. You may not upload, post, reproduce or distribute in any way Aquarium Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.

To the extent that we allow you, through the Online Services, to obtain and use copies of any Aquarium Content — including, but not limited to, photographs — we grant you a strictly limited, freely revocable, nontransferable, royalty-free license to use said Aquarium Content for private, non-commercial purposes by publishing, posting, or displaying it on your social media channels.

Links to third-party sites

Occasionally, we may make available in the Online Services a link to a third party’s web site. These links will cause you to leave our Online Services for sites or services that are not under our control.

We expressly disclaim any responsibility for and make no guarantees about the accuracy, currency, content, or availability of information found on any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any form of transmission received from any linked site. We provide the links to you only as a convenience and do not endorse any other site or service or its use or content.

We encourage discretion when browsing the internet. Because some sites employ automated search results or otherwise link to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Content that you generate

When accessing or using the Online Services, you may have the opportunity to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, or otherwise disseminate (“Post”) text, images, or other media that you create (“User Content”). You acknowledge that User Content that you Post to or via the Online Services constitutes a non-private communication.

We do not review or screen User Content that you Post, and its presence should not be considered an endorsement by the Aquarium. We make no warranties or representations relating to the accuracy of any opinions, recommendations or other statements made by third parties who have provided User Content to the Online Services through a comment feature of the Online Services or by any other means. Posts may be viewable by other users of the Online Services and through third-party websites. As such, any Posts you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

Any use of the Online Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Online Services.

Contribution License

By Posting User Content to or via the Online Services, you thereby grant the Aquarium a perpetual, royalty-free, non-exclusive, unrestricted license to use such User Content for any purpose, commercial or otherwise.

By Posting User Content to or via any part of the Online Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Posts (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Posts, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Posts, and you warrant that moral rights have not otherwise been asserted in your Posts.

We do not assert any ownership over your Posts. You retain full ownership of all of your Posts and any intellectual property rights or other proprietary rights associated with your Posts. We are not liable for any statements or representations in your Posts provided by you in any area on the Online Services. You are solely responsible for your Posts to the Online Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Posts.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Posts; (2) to re-categorize any Posts to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Posts at any time and for any reason, without notice. We have no obligation to monitor your Posts.

Your communications to us

We would be pleased to hear from you regarding any comments or questions that you have about the Online Services.

Submissions

We welcome your comments regarding content, products and services on the Online Services. We request that you be specific in your comments. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, images or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own, and you hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe. We shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish in the Online Services or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.

Questions and requests

Any questions regarding the terms of this Agreement or requests for permission to use materials on the Online Services for any commercial or personal purpose should be directed to communications@flaquarium.org.

Disclaimers

You expressly agree that use of the online services is at your sole risk. Neither we, nor our affiliates, any of our officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, “Providers”), warrant that the online services will be uninterrupted or error-free, nor do they make any warranty as to the results that may be obtained from the use of the online services or as to the accuracy, reliability, or currency of any information, content, service or merchandise provided through the online services.

The online services are provided on an “As-is,” “As-available” basis and we specifically disclaim warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral advice or written information given by us nor any other provider shall create a warranty.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Online Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Online Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Online Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Online Services.

Limitation of liability

Under no circumstances shall we or any other party involved in creating, producing or distributing the online services be liable for any direct, indirect, incidental, special or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (I) the use of or inability to use the online services, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the online services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the online services; or (v) any other matter relating to the online services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the online services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you transmit through the Online Services, your use of the Online Services, your connection to the Online Services, your violation of this Agreement, or your violation of others’ rights.

General information

This Agreement constitutes the entire agreement between us (you and us) and governs the use of the Online Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Services or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Copyright complaints

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Online Services in a way that constitutes copyright infringement, you may notify us by sending the following information to us pursuant to the Digital Millennium Copyright Act (“DMCA”) at communications@flaquarium.org:

These items are required by the DMCA. If your notice fails to comply with all of the requirements, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Privacy Policy

The Florida Aquarium (the “Aquarium,” “we,” or “us”) is committed to respecting the privacy rights of our Guests — that is, our in-person and online visitors, members and donors (“you”). This Privacy Policy covers information we collect through the mail, over the phone, in person at the Aquarium or off site at Aquarium events and online through our websites (including through application programming interfaces), email communications, e-books and mobile applications, (collectively, “Services”). Certain aspects of this Privacy Policy also apply to the personal information we collect offline or when you visit the Aquarium and connect to the Aquarium’s public Wi-Fi. We created this Policy to give you confidence as you visit, join, donate, or use our Services and to demonstrate our commitment to transparency, fair information practices and the protection of privacy.

After reading this Privacy Policy, you will know:

  1. What information the Aquarium collects from you.
  2. How the Aquarium uses your information.
  3. How the Aquarium shares your information.
  4. Choices you have about how the Aquarium uses your information.
  5. How the Aquarium protects your information.
  6. How the Aquarium handles third-party websites.
  7. What the Aquarium does about children under the age of 13 using the Services.
  8. How to contact the Aquarium.

With respect to our membership and fundraising practices, we adhere to A Donor Bill of Rights, which requires that we handle all information about our Members and Donors with respect and with confidentiality to the extent provided by law. Members and Donors always have the opportunity for their names to be deleted from any lists that we may intend to share pursuant to this Policy.

1. What information the Aquarium collects

Collecting information allows us to improve your experience in using our Services. In many cases, the information we collect is non-personal and cannot be tied back to the individual user. In other cases, personal information is only collected when users explicitly share it with us. We also utilize technologies such as cookies to save user preferences and collect data.

1.1 Personal information you disclose to us

In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, and payment information.

We collect personal information that you voluntarily provide to us when expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use.

The personal information we collect can include the following:

We use this information, which is collected directly from you and with your knowledge, to process and verify transactions and to send you requested information.
Information such as location, education or occupation information, and browsing history may also be collected through third-party applications or affiliates to help us improve upon the user experience. This information does not usually directly identify you, but it can be used to give you a more personalized web experience.

1.2 Non-personal information automatically collected

In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Services.

This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

1.3. Cookies

Our website stores and retrieves information on your browser in the form of cookies, which are small files stored on your computer that help customize the website to your needs. You may review and update your cookie settings for this website at any time. You may also disable cookies by changing the settings on your browser.

1.4 Do not track technologies

Because an industry-standard Do Not Track protocol has not yet been established, we do not respond to browser Do Not Track signals and our information collection and disclosure practices will continue to operate as described in this Privacy Policy regardless of choices made regarding the use of Do Not Track technologies.

2. How the Aquarium Uses Your Information

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We collect personal as well as anonymous information from our Guests and may use this information to create aggregate information. In some cases, we may share information as further described in the “Information sharing” section below. The types of information we collect are described as follows (“Collected Information”):

2.1 Personal information.

In order for you to access certain Services and information, or make donations and purchases, we require you to provide us with certain information that personally identifies you (“Personal Information”).

Personal Information may be provided via our web Services as well as in person or through the mail and includes the following categories of information:

2.2 Location information.

When Guests access Services online, we have the ability to recognize IP addresses (the number assigned to computers and mobile devices on the internet) and general physical location (such as your city). We may use Location Information for marketing purposes, to better understand the demographics of our Guests.

2.3 Use, viewing and technical information.

The Services may also gather anonymous “traffic data” that does not personally identify you, such as which webpages are visited, the type of device and screen size used to access Services, the length of time Services are used, preferred language, and the websites visited immediately before arriving at one of our websites. We may use this anonymous information for marketing purposes, may share it with business partners and advertisers, and may analyze it to help us improve Services for our Guests.

2.4 Comments and suggestions.

We welcome your feedback and provide opportunities online and at the Aquarium for you to submit comments and ideas, make suggestions, request information and to report problems. Even if you contact us through one of our forms through the Services, we cannot determine your email address unless you include it in your response. We may wish to post your feedback and will do so anonymously, or will identify you by your first name, initials, or display name only, unless you specifically authorize otherwise. Please note that any suggestions or ideas you submit to us will become the property of the Aquarium and can be used by us for any purpose.

2.5 Surveys.

If you choose to participate in one of our surveys, we may ask you for certain Demographic and other Personal Information. We may use information from surveys to better understand our Guests and to improve our Services. We may share demographic or Other Information but only on an aggregate (i.e., non-personally identifiable) basis.

3. How the Aquarium Shares Your Information

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share data based on the following legal basis:

More specifically, we may need to process your data or share your personal information in the following situations:

4. Your Rights

If you want to opt-out of receiving marketing emails from us, you may click the “Unsubscribe” link at the bottom of emails, (which is located at the bottom of the page when you click “View in Browser”), or email us directly. Please note that you will continue to receive non-marketing communications (including, but not limited to, order confirmations, donation receipts, and pre-program information) and any legally required notices from us via email.

You may contact us to request access to, correction or deletion of any personal information that you have provided to us. You may also ask us to delete your account. To protect your privacy, we will only respond to e-mail messages sent from the e-mail account you specified when you gave us your contact information. Please note that we may not be able to fully grant your request if we need your information to provide the services you request or where we are required by law to retain data. We will also retain a record of your request.

You may opt out of having your e-mail address used for promotional purposes by the Aquarium, but this opt out will not apply to non-promotional purposes.

If you no longer wish to receive promotional materials from us by e-mail, you may opt out of receiving these communications by using one of the following methods:

If your browser permits, you may set your browser to refuse cookies or to alert you when cookies are being sent. If you refuse cookies, please note that some Services may be inaccessible or may not function properly. The Aquarium is committed to transparency, fair information practices and the protection of privacy. Your rights in engaging with us include the right to:

5. How the Aquarium Protects Your Information

The Services have security measures designed to prevent the loss, misuse or alteration of information that we obtain from you. However, you should be careful about the personal information which you provide to us through the Services because we make no assurances about our ability to prevent any loss or expense to you or to any third-party arising out of any breach in our security measures. If you have established an Aquarium online account and become aware that your Guest name or password has been compromised, you must notify us immediately so that we may promptly take the appropriate measures to protect your Personal Information.

6. Third-Party Websites

This Policy applies only to Services provided and administered by the Aquarium: flaquarium.org and learn.flaquarium.org. Any other websites, applications or platforms that you may be able to access through our Services may have data collection and use practices and policies that differ materially from this Policy. Please be sure to review third-party policies, as the Aquarium is not responsible for the privacy policies, if any, of such other services.

7. What the Company Does About Children Under the Age of 13 Using the Website

At the Aquarium, we are especially concerned with protecting the privacy of children who using our Services. We fully support and are in compliance with the Children’s Online Privacy Protection Act, though nonprofit organizations such as ours are not subject to its provisions. Please note the following:

8. How You Can Contact the Aquarium

If you have any questions about this Policy or our practices related to our Services, or if you would like to manage information in your online account or otherwise related to our Services, please contact us.