Website Terms and Conditions of Use
By accessing the website of the Elephant Sanctuary in Tennessee, Inc.(“TES”) located at wwww.elephants.com or at any other related internet address (collectively, the “Site”), you (“User”) agree, in your individual capacity and on behalf of any entity you may represent, that the User has read and agrees to these Website Terms and Conditions of Use (the “Agreement”).
- Intellectual Property Ownership. TES is the sole and exclusive owner of all intellectual property rights in and to the Site including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property rights or intangible assets recognized under any laws or international conventions. TES may modify, disable, or delete the Site, its functions and/or Site content at any time and for any reason without prior notice.
- Limited License to Use Materials Provided on the Site. TES grants User a limited license to use the materials made available on the Site only in accordance with the User’s agreements with TES, if any, and for no other purpose whatsoever. IN NO EVENT MAY USER USE THE SITE MATERIALS IN ANY SERVICE OFFERING FOR ANY THIRD PARTY UNLESS APPROVED BY TES IN ADVANCE IN WRITING. User acknowledges that any copies or derivative works created from the materials on the Site shall be the sole and exclusive property of TES. Unless otherwise provided in a written agreement executed by TES, TES, in its sole discretion, may revoke this license at any time without prior notice to User and without liability to TES.
- User Conduct. As a condition of use of the Site, User represents and warrants that User shall not use the Site for any purpose that is unlawful or prohibited by this Agreement or any other agreements with TES. User agrees to abide by all applicable local, state, national and international laws and regulations and User shall be solely responsible and liable for all acts or omissions that occur while User or any agent of User accesses the Site. By ways of example, and not as a limitation, User agrees:
• Not to transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
• Not to interfere with or disrupt the Site networks or servers;
• Not to delete any legal notices, disclaimers or proprietary notices;
• Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means;
• Not to interfere with any payments or transactions processed through the Site; or
• Not to interfere with TES or another authorized party’s use and enjoyment of the Site.
TES has no obligation to monitor use of the Site or retain the content of any of the sessions on the Site. However, TES reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request or the business needs of TES. User shall immediately notify TES of any breach of this Agreement.
- Links to Third Party Web Sites. TES may provide reference or hyperlinks to third party Web sites as a convenience to Users of the Site. TES does not control third party Web sites and is not responsible for the contents of any referenced or linked-to, third party Web sites or any hyperlink in a linked-to site or the content or use thereof.
- Indemnification. Unless otherwise provided in a written agreement executed by TES, User shall indemnify, defend and hold TES and its affiliates, officers, directors, employees, shareholders, members or agents harmless from all damages, liabilities and expenses (and all legal costs including attorneys’ fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of this Agreement by User, User’s use of the Site or information provided by the Site.
- Disclaimer. THE SITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TES DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. TES MAKES NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION SUPPLIED. TES DOES NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE OR VIRUS FREE. USER USES THE SITE AND ALL SITE INFORMATION AT USER’S OWN RISK.
- Limitation of Liability. IN NO EVENT SHALL TES OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR FOR INFORMATION CONTAINED THEREIN, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall the total liability of TES, or its officers, directors, employees, shareholders, members and agents, under this Agreement, regardless of the form of claim or action, exceed in the aggregate of one hundred dollars ($100.00).
- Copyright Infringement Notice. Pursuant to Title 17, United States Code, §512(c)(2), notifications of claimed copyright infringement must be sent to TES’s Designated Agent.
- Force Majeure. TES shall not be liable for delay or failure in any of its performance or a failure of the Site due to causes beyond its reasonable control, including, but not limited to, an act of God, war, terrorism, natural disaster, governmental regulations, communication or utility failures or the failures or acts of third parties.
- Jurisdiction and Governing Law. This Agreement shall be construed, governed and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). User agrees that venue for all actions, relating in any manner to this Agreement, shall be in a federal or state court of competent jurisdiction located in Nashville, Tennessee. Each party hereby consents and submits to the in personam jurisdiction of such courts and, to the extent permitted by law, hereby consents that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. Each party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party agrees that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law and that the prevailing party shall be entitled to recover all attorney’s fees and expenses.
- Severability. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.
- Waiver. No waiver of any breach of a provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.
- Modifications. TES may modify this Agreement at any time, at its discretion, and modifications are effective upon being posted on the Site. User is responsible for reviewing this Agreement to ensure that User is aware of any changes made to the Agreement.
This site is ©The Elephant Sanctuary in Tennessee, Inc., 2013, all rights reserved. Website content may not be reproduced in whole or in part without the prior written permission of TES.