Terms of Use

Last updated: April 24, 2012

These terms of use ("Terms of Use") are for the Cleveland Metroparks Zoo ("CMZ") website located at www.clemetzoo.com (the "Site"). By using this Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use this Site.

Modifications:

You should review these Terms of Use regularly as they may change at any time at our sole discretion. Your continued use of this Site following the posting of changes to the Terms of Use constitutes acceptance of those changes. Modifications will be posted on this Site and the "last updated" date at the top of this page will be revised

Scope of Use:

The contents of this Site, such as text, graphics, images, animations, videos and/or any other information contained on this Site are for informational purposes only.

CMZ invites you to view, use and download portions of this Site for your personal, informational, non-commercial purposes; provided that you leave all copyright, trademark and other proprietary notices intact. In addition, certain areas of the Site specifically allow users the option to download materials and tools (e.g. photos, videos, lesson plans, and educational documents) ("Downloadable Content") intended for educational and training purposes. Provided you , (a) leave all copyright, trademark and other proprietary notices intact, (b) do not display or distribute the Downloadable Content on another website without our prior written consent, and (c) do not sell, resell, or otherwise exploit the Downloadable Content for commercial purposes, you may reproduce, display, and distribute the Downloadable Content for training and educational purposes. However, for the portion of Downloadable Content available only to registered users (e.g. those who have a username and password that provides access to additional staff, volunteer or docent materials that are not made publically available on the site), you may not reproduce, display, or distribute such Downloadable content without CMZ's prior written consent. Except as expressly provided in this paragraph, you may not reproduce, modify, display or distribute any text, graphics, images or other content on the Site, or the design and layout of the Site, without CMZ's prior written consent.

By accessing the Site, you agree to abide by all security and safety measures established by CMZ or its partners or service providers. CMZ reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Site at any time. CMZ may also impose limits on certain features of the Site or restrict access to any part or all of the Site without notice or penalty.

Rules of Conduct

Certain areas of the Site, including the "Show Us Your Work" section, permit you to upload, post, email, or otherwise transmit content (collectively, "User Content").

It is a violation of these Terms of Use for you to:

  • Use this Site for illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of CMZ or its service providers;
  • Copy, sell, resell, or exploit for commercial purposes any portion of this Site;
  • Use any robot, spider, or other automatic or manual process to monitor, data mine, or copy any Site pages, content, or user information, except as expressly permitted by CMZ;
  • Intentionally manipulate identifiers, use another’s id or password without authorization, or otherwise engage in any activities intended to impersonate or hide a user’s identity or contact information;
  • Transmit or distribute viruses or other malicious code;
  • Collect user names and contact information and/or send unsolicited commercial communications (spam);
  • Take any action that imposes an unreasonable or disproportionally large load on the Site’s infrastructure;
  • Post content or take any action on the Site that infringes or violates someone else's rights (whether protected by copyright, trademark, trade secret, right of publicity or other proprietary right) or otherwise violates the law;
  • Transmit or distribute any User Content that is unlawful, deceptive, false, stolen, threatening, abusive, harassing, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another; or
  • Assist or permit any persons in engaging in any of the activities described above.
  • Each user of this Site, including you, is responsible for (i) the User Content that the user transmits to the Site, and the consequences of its use or submission; and (ii) ensuring that all User Content the user transmits to the Site is accurate, truthful, up-to-date, and complete.

CMZ shall have the right, but not the obligation, to monitor User Content and use of the Site to improve its performance, for legal and regulatory requirements, and to determine compliance with these Terms of Use and other applicable policies. CMZ shall have the right, in its sole discretion, to refuse to post or to remove any User Content on this Site that it believes to be in violation of these Terms of Use or which it finds otherwise objectionable. without any advance notice or liability to you or any third party. If you believe that any User Content on the Site infringes your intellectual property rights, please notify CMZ at: zooinfo@clevelandmetroparks.com.

Indemnification

You agree to indemnify and hold CMZ and its affiliates, officers, agents, partners, members and employees harmless from any claim, action, demand, loss, or damages (including reasonable attorneys' fees) arising out of or related to your use of this Site, the content you post or transmit to the Site, your violation of the Terms of Use, or your violation of any law or rights of a third party. CMZ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with CMZ in asserting any available defenses.

Proprietary Rights

All trademarks, service marks and logos on this Site are the property of the Cleveland Metroparks Zoo. CMZ owns various trademarks, service marks and logos used on this Site, including without limitation, CMZ logo. Unauthorized use of any CMZ (or of any third-party) trademark, service mark, or logo may violate CMZ’s or a third party's legal rights. You must obtain CMZ's written permission prior to using any trademark or service mark of CMZ.

CMZ and its licensors own all intellectual property rights in this Site, except as otherwise expressly indicated. This Site is protected by United States and international copyright laws. Any unauthorized use of the Materials may violate copyright laws, laws of privacy and publicity, and other laws and regulations.

By transmitting User Content to CMZ or this Site, you grant CMZ a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such content for any purpose, and you waive any and all moral rights and publicity rights in such content.

Additional Policies

Your use of the Site confirms and acknowledges your agreement to be bound by and comply with any of CMZ's other polices and disclaimers governing the use of the Site that are posted on the Site or provided to you electronically or otherwise in writing. To obtain information about our privacy practices regarding your use of the Site, please see the Cleveland Metroparks Privacy Policy which is available at http://www.clemetparks.com/aboutus/privacy_policy.asp.

Limitation of Liability

YOUR USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK. CMZ SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND THE MATERIALS, EVEN IF CMZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, CMZ's liability will be limited to the fullest extent permitted by applicable law.

Violations; Termination of Usage

CMZ may terminate or suspend your access to all or part of this Site immediately and without notice for any conduct that CMZ, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of CMZ or any third party. Upon termination, you must cease use of this Site and its content. CMZ reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to the Site from a particular Internet address.

Third-Party Sites and Linking

As a convenience to users, this Site contains links to websites operated by third parties ("Third-Party Sites"). Third-Party Sites are not under the control of CMZ, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to corresponding third-party, not CMZ, terms of use and privacy policies. CMZ is not responsible for, does not endorse, and hereby disclaims any and all content, advice, or services found, learned, available, or provided on such Third-Party Sites. We reserve the right to terminate a link to a Third-Party Site at any time. The fact that we provide a link to a Third-Party Site does not necessarily mean that we endorse, authorize or sponsor that Third-Party Site, nor that we are affiliated with the Third-Party Site.

Unless otherwise set forth in a written agreement between you and CMZ, you must adhere to CMZ's linking policy as follows: (i) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with CMZ’s name or any CMZ trademark or service mark; (ii) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with CMZ; (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking Site; and (iv) CMZ reserves the right to revoke its consent to the link at any time in its sole discretion.

Registration and Account Security

Certain features of the Site provide you with the option of setting up an account for which you will receive a user ID and password. User IDs and passwords are confidential and proprietary. It is a violation of these Terms of Use for you to share your user ID or password, or to use your user ID and password for unauthorized purposes. You are solely responsible for any unauthorized use of your user ID and password.

Disclosures

CMZ may preserve and disclose User Content if expressly authorized by you or if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CMZ, website users, or the public.

Governing Law

The laws of the State of Ohio, USA shall govern these Terms of Use, without reference to its choice of law rules. If there is any dispute about or involving this Site, you agree that the dispute will be resolved in a court located in the State of Ohio, USA. You agree to submit to the personal jurisdiction of the courts located in the State of Ohio, USA for the purpose of litigating all such claims.

Compliance with Laws

Although accessible by others, the Site is intended for access and use by U.S. residents only. The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. CMZ makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site or use of the services offered herein may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and risk and are responsible for compliance with applicable local laws.

Miscellaneous

These Terms of Use, as modified from time to time and including any policies or disclaimers that are incorporated by reference, set forth the entire understanding and agreement between you and CMZ with respect to the subject matter hereof. CMZ's failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court 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 these Terms of Use will remain in full force and effect.

If you have any questions about the Site or these Terms of Use, please e-mail us at zooinfo@clevelandmetroparks.com