| The Marineland of the Pacific Historical Society Terms of Use
Welcome to the Marineland of the Pacific Historical Society (the "Site"). Thank you for visiting!
It is important to us that you, and our other visitors, have the best possible time while using our Site, and that when you use this Site you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they effect your legal rights and obligations.
Your Acceptance of Terms
If you do not agree with any of these Terms of Use, please do not use this Site because by using this Site you will be deemed to have irrevocably agreed to these terms.
Areas of this Site within the proprietary online service offered by the Marineland of the Pacific Historical Society (as defined below) may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace these Terms of Use regarding any use of this Site, unless otherwise expressly stated.
Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on February 20, 2015.
How To Contact Us
The best way to contact the society is by e-mail. All questions and inquiries regarding Marineland's history and access to its photographic, film and documents library, should be addressed to the society's Research Department:
You may also contact the administration directly through the following e-mail address:
[email protected]
Your Registration
To access some of the resources this Site has to offer, you may be required to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If we at the Marineland of the Pacific Historical Society believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract), or your parents have consented to your use of this Site and accept these Terms of Use on your behalf.
Online Privacy Policy
Your privacy is important to us. To better protect your privacy, we provide a privacy policy explaining our online information practices and the choices you can make about the way your information is collected and used at this site.
Trademarks and Copyrights
This Site and all materials incorporated by the Marineland of the Pacific Historical Society on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights") owned by Marineland of the Pacific Historical Society, LLC. Some of the characters, logos or other images incorporated on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks or other ("Trademarks"). The Marineland of the Pacific Historical Society respects the intellectual property rights of others and asks users of this Site to do the same.
Your Use of Material
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by the Marineland of the Pacific Historical Society. Any authorization to copy Material granted by the Marineland of the Pacific Historical Society in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY'S WEB SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY SITES LINKED TO THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY'S SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY, LLC DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES, GUESTBOOKS OR OTHER FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY, LLC OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY, LLC DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY, LLC. THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Submissions, Postings and E-mails
The Marineland of the Pacific Historical Society is interested in hearing from you. It is, however, our policy that we will not accept or consider unsolicited submissions of concepts, stories, or other potential content. Therefore, please do not send the Marineland of the Pacific Historical Society any unsolicited submissions.
Any material you send to us will not be treated as confidential.
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by the Marineland of the Pacific Historical Society) or privately transmitted on or through this Site are the sole responsibility of the sender, not the Marineland of the Pacific Historical Society, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.
We at the Marineland of the Pacific Historical Society, LLC require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(c) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(d) violates any law or may be considered to violate any law;
(e) you do not have the right to transmit under any contractual or other relationship (e.g., insider information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(f) advocates or promotes illegal activity;
(g) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(h) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
(i) solicits funds, advertisers or sponsors;
(j) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
(l) copies any other pages or images on this Site except with appropriate authority;
(m) includes MP3 format files;
(n) amounts to a 'pyramid' or similar scheme;
(o) amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via this Site;
(p) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(q) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.
System Abuse
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
Security
Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). The Marineland of the Pacific Historical Society shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that the Marineland of the Pacific Historical Society considers insecure, we will be entitled to require this to be changed and/or terminate your account (if any).
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, the Marineland of the Pacific Historical Society reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Investigations
The Marineland of the Pacific Historical Society, LLC reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. We may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. The Marineland of the Pacific Historical Society, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing the Marineland of the Pacific Historical Society to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER THE MARINELAND OF THE PACIFIC HISTORICAL SOCIETY, LLC OR LAW ENFORCEMENT AUTHORITIES.
Service
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).
The Marineland of the Pacific Historical Society reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
Local Regulations
The Marineland of the Pacific Historical Society, LLC makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Indemnity
You agree to indemnify and hold harmless The Marineland of the Pacific Historical Society, LLC and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the site's servers, and/or from any and all use of your account (if any).
Our Use of Content
The Marineland of the Pacific Historical Society, LLC will consider anything you provide to and/or contribute to this Site as available for our use free of any obligations to you.
By posting or uploading any content to this Site and/or providing any communication or material to the Marineland of the Pacific Historical Society, LLC ("User Content"), you automatically and irrevocably: (a) grant and assign to the Marineland of the Pacific Historical Society, LLC any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by the Marineland of the Pacific Historical Society and/or by any person authorized by the Marineland of the Pacific Historical Society, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint the Marineland of the Pacific Historical Society as your agent with full power to enter into any document and/or do any act the Marineland of the Pacific Historical Society may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that the Marineland of the Pacific Historical Society, LLC shall not be liable for any use or disclosure of such User Content.
Third Party Sites
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites may not be under the control of the Marineland of the Pacific Historical Society, LLC, and you acknowledge that (whether or not such sites are affiliated in any way with the Marineland of the Pacific Historical Society) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by the Marineland of the Pacific Historical Society, LLC or any association with its operators.
The Marineland of the Pacific Historical Society, LLC cannot ensure that you will be satisfied with any products or services that you purchase from any third party site that links to or from our site, since those other sites are owned and operated by independent third parties. The Marineland of the Pacific Historical Society, LLC does not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites, nor do we make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
Proprietary Online Services
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
Jurisdictional Issues
The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, photographs, music, and other products of historical significance relative to Marineland of the Pacific and the marine animal industry available in the United States, its territories, possessions, and protectorates. The Site is owned and operated by Marineland of the Pacific Historical Society, LLC with offices located in the State of California.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party or the Marineland of the Pacific Historical Society may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in San Diego County, California, and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
Claims of Infringement
If you believe that any content appearing on this Site infringes your copyright rights, we want to hear from you. Please forward the following information in writing to the Registered Agent named below:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law; and
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
The Marineland of the Pacific Historical Society, LLC seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
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