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:
- You have read, agreed with, and will abide by the terms of this Agreement.
- You are at least 18 years old. OR you are at least 14 years old, you have reviewed this Agreement with your parent(s) or guardian(s) to ensure that you all understand its terms, and both you and your parent(s) or guardian(s) consent to those terms. In addition, if you are a parent or guardian entering into this Agreement on behalf of a minor over the age of 14, you agree and accept full responsibility for your child or ward’s use of the Online Services.
- You will provide true, accurate, current, and complete information about yourself, and if you provide any information that is untrue, inaccurate, not current or incomplete, or if the Aquarium has reasonable grounds to suspect that any of the forgoing is true, your use of the Online Services may be suspended indefinitely.
- You will review this Agreement and other Aquarium policies posted to the Online Services periodically to be aware of any changes or revisions.
We may, in our sole discretion and without prior notice to you, revise this Agreement, modify any of the Online Services, and discontinue any of the Online Services at any time. We will post any revision to this Agreement to the Online Services, and the revision shall be immediately effective upon such posting. By continuing to access or use the Online Services after any notice of revision, you agree to abide by those revisions.
- The terms and conditions of this Agreement are effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of the Online Services. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Online Services with or without notice. You agree that any termination of your access to the Online Services may be effected without prior notice, and that we may immediately deactivate or delete any of your User Content (as defined below) and bar your further access to such User Content. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Online Services.
We impose certain standards on your conduct when accessing, browsing, or using the Online Services. Specifically, you shall:
- Use the Online Services only for lawful purposes;
- Refrain from transmitting through the Online Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or fraudulent material, or any material that is bigoted or otherwise discriminatory toward any class of persons based upon their race, ethnicity, national origin, gender, sexual orientation, or other legally protected status — including, but not limited to, material that encourages conduct that would constitute a criminal offense, that would give rise to civil liability, or that would otherwise violate any applicable local, state, national or international law;
- Refrain from transmitting through the Online Services any content that infringes any patents, trademarks, copyrights, trade secrets, or other proprietary or intellectual property rights of any third party;
- Refrain from using or exploiting any component or aspect of the Online Services for any commercial or non-private purpose;
- Refrain from accessing the Online Services other than through the interface we provide — including, but not limited to, by using any robot, spider, scraper, or other automated means — or from accessing content or data that you know is not intended for you and that we have not authorized you to access;
- Refrain from attempting to probe, scan, or test the vulnerability of the Online Services or any associated system or network, from attempting to breach security measures without proper authorization, and from attempting to reverse-engineer, modify, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Aquarium in providing the Online Services;
- Refrain from interfering or attempting to interfere with any third party’s use of the Online Services, including, but not limited to, by submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing,” by misrepresenting the source, identity or content of information transmitted via the Online Services, or by using the Online Services to send unsolicited communications to other users;
- Any conduct by you that we conclude, in our sole discretion, restricts or inhibits any other user from using or enjoying the Online Services is prohibited. Further, any violation of system or network security may subject you to civil and/or criminal liability.
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.
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:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Post do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Posts are not false, inaccurate, or misleading.
- Your Posts are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Posts are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Posts do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Posts do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Posts do not violate any applicable law, regulation, or rule.
- Your Posts do not violate the privacy or publicity rights of any third party.
- Your Posts do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Posts do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Posts do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
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.
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 firstname.lastname@example.org.
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.
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.
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.
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 email@example.com:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest (the “Complaining Party”);
- A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address at which the Complaining Party may be contacted;
- A statement that the Complaining Party has 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 under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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.
- What information the Aquarium collects from you.
- How the Aquarium uses your information.
- How the Aquarium shares your information.
- Choices you have about how the Aquarium uses your information.
- How the Aquarium protects your information.
- How the Aquarium handles third-party websites.
- What the Aquarium does about children under the age of 13 using the Services.
- 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:
- Name, address, contact information, and payment information.
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.
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
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:
- Contact data (such as your name, mailing address and email address), which you may provide when you create an account, supply your email to us at a photobooth or opt in to email communications. We may use your Contact Data to contact you regarding your purchase, donation or visit to the Aquarium, or your use of our websites or applications. We may also use your Contact Data to send you information or promotional materials about the Aquarium, our partners’ products or services and to solicit donations or invite you to become a member of the Aquarium.
- Financial data (such as your bank account or credit card number) which you provide when you make a purchase or donation through our sites or applications. We may use Financial Data you have provided to bill you for products and Services you have requested.
- Demographic data (such as your zip code, age and income). We may use your Demographic Data to customize and tailor your experience by displaying content that we think you might be interested in and according to your preferences.
- Other data which you provide by communicating with us by email, via social media sites, text message or other electronic means, by accessing Services through a third-party site or service, by posting messages to any of our chat groups, bulletin boards or forums, or by completing online forms, surveys or contest entries through our Services. We may use this Other Data to contact you regarding your comment or request.
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.
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:
- Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
- Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
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 or promotional materials from us by e-mail, you may opt out of receiving these communications by using one of the following methods:
Send us an email asking to be omitted from future e-mail distributions.
Follow the instructions contained in the promotional email or newsletter.
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:
- We require the consent of the parent or legal guardian of any Guest under the age of 13 before we collect or use any Personal Information.
- If we collect Personal Information from children, it is only to be able to furnish information regarding participation in programs.
- We do not ask children for other information, and we never share the information we collect with anyone outside the Aquarium.
- At any time, a child’s parent may review the child’s Personal Information, ask us to delete it and refuse to allow any further collection or use of information from the child.
- You may consent to our collection of Personal Information from your child by contacting us to identify yourself and your child and authorizing us to collect personal information from your child.
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.