Terms of service. Welcome to the Our Gallery Site, located at http://www.oursfzoo.org (the “Website”). This Website is owned and operated by the San Francisco Zoo. (“SF Zoo”). By using this Website and its services you are agreeing to be bound by these Terms of Service.

Please read these Terms of Service carefully before registering or using the Website. If you do not accept these Terms of Service, then you may not use the Website. These Terms of Service are subject to change by SF Zoo at any time, effective when posted on the Website. Your continued use after such notice will constitute acceptance by you of such changes.

Overview. The Website is part of the Critter Quest Interactive Media Campaign, built out of the SF Zoo’s mission statement of “connecting people with wildlife, inspiring caring for nature and advance conservation action.” The Website enables Bay Area residents and visitors to re-connect with animals by visiting designated locations, taking one’s photograph with a poster showcasing some part of an animal’s body, and uploading the photograph joining the human and wildlife image onto the Website. By doing so, much of the content on the Website is therefore provided by third parties who are not under the control of the SF Zoo, and does not review all information posted on the Website. You agree that your use of information available on the Website is at your own risk and that the SF Zoo makes no guarantees that any third party information or content is accurate or complete.

Use of the Website. You may use the Website solely for personal and non-commercial purposes only and subject to these Terms of Service, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.

Other SF Zoo Products and Services. The Website is not intended as a substitute for any other agreements you may have with the SF Zoo or any official documentation provided by the SF Zoo to you, unless we expressly state otherwise. You agree to use the information available on the Website with this in mind and to consult official documentation for any substantive issues.

Acceptable Use Policy. The Website provides you with an opportunity to interact with others and share your photos. The SF Zoo expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to the SF Zoo at webmaster@sfzoo.org.
You are solely responsible for the content, information and other materials, including without limitation, photos, that you post on the Website (“Content”) and agree that you will not hold the SF Zoo responsible or liable for any Content from other users that you access on the Website.
We believe it is our commitment and duty to present respectful, truthful and accurate information. Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

You may not post any telephone numbers, street addresses, last names, email addresses, employment information, or any other non-public information of any third party.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website or attempt to exceed the limited authorization and access granted to you under these Terms of Service. You may not resell use of, or access to, the Website to any third party.

No Content Monitoring. The SF Zoo is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Acceptable Use Policy. The SF Zoo will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice.
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that the SF Zoo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Website.

Your License to the SF Zoo. You hereby grant the SF Zoo a perpetual license to use, redact, republish, modify, copy, create derivative works, perform and distribute your Content including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. You grant the SF Zoo the right to use your name and likeness, if you have publicly identified yourself with such Content.

Termination of Access. In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Website, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Privacy: The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy, located at http://www.oursfzoo.org/terms.asp#privacy

Links. The Website may contain links to other web sites not maintained by us. We encourage you to be aware when you leave the Website and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on the Website, we do not endorse and are not affiliated with such third parties.

Our Proprietary Rights. The SF Zoo or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Website. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Service are reserved by the SF Zoo.

Disclaimer Warranties. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND SF ZOO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if the SF ZOO is otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed five dollars (USD $5).

Indemnity. You agree to defend, indemnify and hold harmless the SF Zoo, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Service, (ii) your Content, (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by the SF Zoo) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Governing Law. The laws of the state of California shall govern these Terms of Service. You hereby expressly consent to the exclusive jurisdiction and venue in the courts located in San Francisco County, California, for all matters arising in connection with these Terms of Service and/or your access or use of the Website.
Any claims asserted by you in connection with the Website must be asserted in writing to the SF Zoo within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Digital Millennium Copyright Act ("DMCA") Notice. Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you believe any material on the Website infringes a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) 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;

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) 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

(vi) 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.

All DMCA notices should be sent to our designated agent as follows:
San Francisco Zoo
Attn: DMCA Designated Agent
1 Zoo Road
San Francisco, CA. 94132

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Severability. If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.

Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information. Should you have any questions you may contact us as follows:
By email:
webmaster@sfzoo.org
By mail:
San Francisco Zoo
Attn:
1 Zoo Road
San Francisco, CA. 94132

Terms of Service last updated on: July 20, 2008

PRIVACY POLICY

The San Francisco Zoo (“SF Zoo”) has created this privacy policy statement in order to demonstrate our firm commitment to your privacy. The following discloses our information gathering, use and dissemination practices solely for the web site located at http://www.oursfzoo.com (the "Website"). By using or accessing the Website, you signify your assent to our Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE WEBSITE.

Personal and Non-Personal Information: When using the Website, in order to utilize some of the services you may be asked to provide, or you may choose to upload, certain personally identifiable information about yourself ("Personal Information"). Personal Information can include your name, email address, physical address and telephone number. We do not collect Personal Information unless you voluntarily provide such information to us.
In addition, we may also collect non-personally identifiable information, such as IP host address, pages viewed, browser type and other data, and may aggregate any information collected in a manner which does not identify any individual ("Aggregate Information"). Aggregate Information may include information such as IP host address, pages viewed, browser type, clickstream data, Internet Service Provider, system information (such as your operating system, hardware, settings or configuration of your computer) and other non-personally identifiable information data.

Information Usage: Unless disclosed otherwise at the time of collection, we do not share any Personal Information you submit through our Site with any unaffiliated third party, unless it is necessary to respond to your inquiry, or to comply with applicable law. We may use Aggregate Information to improve and enhance your experience on the Site and for our market research activities. For example, we may share Aggregate Information with unaffiliated third parties, such as business partners, manufacturers, distributors and retailers, in an aggregate, anonymous form, which means that the shared information will not contain nor be linked to any Personal Information. We will never sell your Personal Information to any third party not affiliated with the SF Zoo without your consent except in connection with the sale or merger of the SF Zoo or the division responsible for such services.
Please note that we reserve the right to access and/or disclose Personal Information and non-personal information we gather as required by courts or administrative agencies and to the extent required to permit us to investigate suspected fraud, harassment or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper.

Cookies and Web Beacons: "Cookies" are pieces of information that may be placed on your computer by a web Website for the purpose of facilitating and enhancing your communication and interaction with that web Website. Many web Websites use cookies for these purposes. We may use cookies to customize your visit to the Sweepstakes web Website and for other purposes to make your visit more convenient or enhance our service. You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Sweepstakes, but it may interfere with some of its functionality. We do not use cookies to retrieve information from your computer for purposes that are unrelated to the Sweepstakes.

Security: The security of your Personal Information is very important to us. We attempt to provide for the secure transmission of your information from your computer to our servers. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and Company, or information stored on our servers, will be free from unauthorized access by third parties such as hackers and your use of the web Website demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees and contractors who need access to your information in order to perform their duties are authorized to have access to your Personal Information.
You should be aware that Personal Information which you voluntarily include and transmit online may be viewed and used by others. In addition, Personal Information you post to chat rooms, message boards, blogs or other publicly accessible forums may be viewed and used by anyone with access to such forums. The SF Zoo is unable to control such uses of your Personal Information, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties.

Protection for Children: We have no intention of collecting Personal Information from children under the age of 13. When we become aware that Personal Information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

Other Web Websites: Our web Website may contain links to other web Websites not maintained by Company. Other web Websites may also reference or link to our web Website. We encourage you to be aware when you leave our web Website, or surf the Internet, and to read the privacy statements of each and every web Website that you visit. We are not responsible for the privacy practices or the content of such other web Websites.

Communications with the SF Zoo: By providing your email address to the SF Zoo, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or service developed or provided by us, provided that, we will not give your email address to another party to promote their products or services directly to you without your consent.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by this policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Changes to policy; Opt-Out Process: We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. However, if at any time in the future we plan to use Personal Information in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the Site following the posting of any changes to this policy means you accept such changes.

If you do not want your Personal Information shared with any third party who may use such information for direct marketing purposes, then you may opt-out of such disclosures by sending an email to us at webmaster@sfzoo.org.

If you receive an unwanted email from us, you can simply reply and ask not to receive future emails. We also give you the option to remove your Personal Information from our list of active users completely. All unsubscribe or opt-out requests should be sent to us at webmaster@sfzoo.org and we will process your request within a reasonable time after receipt. We are not responsible for removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with this policy, such as a business partner.

Site Terms and Conditions: Use of this Site is governed by, and subject to, the legal notices contained at http://www.ooursfazoo.com/terms.asp. Your use, or access, of the Site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

Contact: For questions or concerns relating to privacy, we can be contacted at:webmaster@sfzoo.org

United States of America: Our Site is maintained in the United States of America. By using the Site, you authorize the export of Personal Information to the USA and its storage and use as specified in this policy.

Effective Date: This privacy policy is effective and was last updated on July 20, 2008