ACCEPTANCE OF TERMS
Welcome to the North Carolina Zoo's website. The North Carolina Zoo provides its website and the services provided therein subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular North Carolina Zoo services, you and the North Carolina Zoo shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
DESCRIPTION OF SERVICE
The North Carolina Zoo currently provides users with access to a collection of on-line informational resources. Certain other services, both e-commerce and informational, are provided by third-party business partners of the North Carolina Zoo that are neither owned, managed or controlled by the North Carolina Zoo. These resources and services constitute the “Service.” Unless explicitly stated otherwise, any new features that augment, enhance or extend the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that the North Carolina Zoo assumes no responsibility for the timeliness, deletion, correctness, or delivery of the information contained on our website. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself when prompted by the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or the North Carolina Zoo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the North Carolina Zoo has the right to refuse any and all current or future use of the Service (or any portion thereof).
SPECIAL NOTES FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold the North Carolina Zoo, the North Carolina Department of Natural and Cultural Resources, the State of North Carolina (together, the “Indemnified Parties”), and their officers, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the North Carolina Zoo may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You further acknowledge that the North Carolina Zoo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
The North Carolina Zoo reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the North Carolina Zoo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that the North Carolina Zoo, in its sole discretion, may terminate your use of the Service for any reason, including, without limitation, if the North Carolina Zoo believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The North Carolina Zoo may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be affected without prior notice, and acknowledge and agree that the North Carolina Zoo may immediately bar any further access to such files or the Service. Further, you agree that the North Carolina Zoo shall not be liable to you or any third-party for any termination of your access to the Service.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES AND THEIR OFFICERS, AGENTS, PARTNERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER SAID DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) 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 SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The North Carolina Zoo may also provide notices of changes to the TOS or other matters by displaying notices or links to notices on the website generally.
The North Carolina Zoological Park’s logo and marks (the “North Carolina Zoo logo”) is a trademark of North Carolina Department of Natural and Cultural Resources, held on behalf of the North Carolina Zoological Park. By using the Service, you agree not to display or use the North Carolina Zoo logo in any manner without the North Carolina Zoo's prior written permission.
COPYRIGHTS and COPYRIGHT AGENTS
The North Carolina Zoo respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the North Carolina Zoo's copyright agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The North Carolina Zoo's copyright agent for notice of claims of copyright infringement on its site or to report claims of infringement of the North Carolina Zoo’s own copyrighted works can be reached as follows:
c/o the North Carolina Zoo
4401 Zoo Parkway
Asheboro, NC 27205
By phone: (336) 879-7204 or, by using this form.
The TOS constitutes the entire agreement between you and the North Carolina Zoo as to the subject matter hereof and governs your use of the Service, superseding any prior agreements between you and the North Carolina Zoo. The TOS and the relationship between you and the North Carolina Zoo shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and the North Carolina Zoo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Wake, North Carolina. The failure of the North Carolina Zoo to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
To report any violations of the TOS, please contact us.