Terms of Use

The Living Desert's Zoo and Gardens Terms of Use

The Living Desert Zoo and Garden’s website (www.livingdesert.org) and all related domains directed to this site are owned, operated, and maintained by The Living Desert Zoo and Gardens (also referred to herein as “The Living Desert”). The Living Desert Zoo and Garden’s website is offered to the user on the condition the user accepts without modification of the terms, conditions, and notices contained herein.
BY ACCESSING AND USING THE LIVING DESERT ZOO AND GARDEN’S WEBSITE, THE USER AGREES TO THE TERMS AND CONDITIONS DESCRIBED BELOW.

The Living Desert Zoo and Garden’s website contains materials which are derived in whole or in part from material supplied by The Living Desert Zoo and Garden and other sources and are protected by copyright and trademark laws. Our site is for the user’s personal, noncommercial use, and the user may not modify, copy, sell, distribute, transmit, display, perform, reproduce, publish, or license any material from our site, including code or software.

All form submissions, emails, comments, suggestions, ideas, notes, drawings, concepts, or information disclosed or offered to or in response to The Living Desert Zoo and Garden through our website shall remain the property of The Living Desert Zoo and Garden. By utilizing our website as a vehicle for communication, the user grants The Living Desert Zoo and Garden a royalty-free, perpetual, non-exclusive, unrestricted license to use any comments for any purpose, commercial or otherwise, without compensation to the author or provider of the comments.

Prohibited Uses

While using the site you agree not to (1) restrict or inhibit any other visitor or member from using the site, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of any of the site; (2) use the site for any unlawful purpose; (3) express or imply that any statements you make are endorsed by us, without our prior written consent; (4) transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); (5) engage in spamming or flooding; (6) transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; (7) modify, adopt sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the site; (8) remove any copyright, trademark, or other proprietary rights notices contained in the site; (9) “Frame” or “mirror” any part of the site without our prior written authorization; (10) use any robot, spider, site search/retrieval application, or other manual or automatic device or process or retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the site or its contents; (11) harvest or collect information about site visitors or members without their express consent; or (12) permit anyone else whose access was terminated to use any of the site through your username or password.

Copyright and Trademark Notice

All contents of The Living Desert Zoo and Garden’s website is Copyright 2001-2004 The Living Desert is a 501©3 non-profit public benefit corporation located at 47900 Portola Avenue, Palm Desert, CA 92260, aka The Living Desert Zoo and Gardens. All rights reserved. Certain articles or materials contained on our website are also separately copyrighted. Violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

All rights in photographs, illustrations, artworks, and other graphic materials are reserved for The Living Desert Zoo and Gardens and/or the copyright owners (licensors). Prior permission to use, download, reproduce, or reprint any photograph, illustration, artwork, or other graphic material must be obtained from the copyright owner, regardless of the intended use.

Any use of “The Living Desert Zoo and Gardens,” “The Living Desert,” any other trademarks or service marks of The Living Desert Zoo and Gardens, its logo, or the text or graphic materials contained in this website in any manner to express or imply endorsement, sponsorship, affiliation, or association of the user with or by The Living Desert Zoo and Gardens, is strictly prohibited.

Applicable Laws

The user must abide by all applicable federal, state, or local laws, including, but not limited to, areas such as libel, slander, indecency, trade libel, product disparagement, harassment, invasion of privacy, obscenity, indecency, and copyright and trademark infringement.

Limitations of Liability

Use of The Living Desert Zoo and Garden’s website is at the discretion of the user. UNDER NO CIRCUMSTANCES SHALL THE LIVING DESERT, ITS TRUSTEES, OFFICERS, EMPLOYEES, MEMBERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE LIVING DESERT’S MATERIALS, INCLUDING THOSE COMPRISING OUR WEBSITE. The user specifically acknowledges and agrees that The Living Desert Zoo and Garden is not liable for any defamatory, offensive, or illegal conduct of any user. If the user is dissatisfied with any of The Living Desert Zoo and Garden’s materials or with any of our terms and conditions, the user’s sole and exclusive remedy is to discontinue using or visiting The Living Desert Zoo and Garden’s website.

Links

Pages within our website may contain links and pointers to other websites that are maintained by third parties and are not under the control of The Living Desert Zoo and Garden. Accordingly, The Living Desert Zoo and Gardens makes no representation or endorsement concerning the content of any third-party website, which the user shall use at their own discretion.

No Warranties

THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE LIVING DESERT ZOO AND GARDENS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS, OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. THE LIVING DESERT ZOO AND GARDENS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE, OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS, OR THAT ANY DEFECTS WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA, AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT THE LIVING DESERT ZOO AND GARDENS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.

Waiver of Responsibility

The Living Desert Zoo and Gardens disclaims responsibility for any errors or omissions, including technical inaccuracies or typographical errors. Furthermore, The Living Desert Zoo and Gardens cannot and does not guarantee or warrant that files made available for downloading will be free of viruses, infections, or similar software contaminations which may render the software useless or cause damage or destruction to the user’s hardware, software, or system(s). Users are responsible for implementing sufficient procedures and protections against possible damage. Use of The Living Desert Zoo and Garden’s website and the Internet in general is at the user’s own risk.

Indemnification

You agree to indemnify, defend and hold us, our officers, directors, consultants, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of any condition hereof; (b) any allegation that any materials that you submit to us or transmit to the site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the site, the project, or any services related to the site.

Jurisdiction

The site is solely directed to individuals residing in the United States. We make no representation that materials on the site are appropriate or available for use in other locations. Those who choose to access the site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the site and/or the provisions of any service or product described thereon to any person, geographic area, or jurisdiction we so desire at any time and in our sole discretion and to limit the quantities of any such service or product that we provide.

Miscellaneous

This Agreement is governed by and construed in accordance with the laws of Riverside County, United States of America, without regard to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Riverside, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable, or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us.

These Terms of Use may be modified by The Living Desert Zoo and Gardens at any time and will be binding at the time of implementation. Users have the responsibility of reviewing our website’s terms and conditions.

Contact Information

If users have any questions or suggestions regarding our Terms of Use, please contact us at:
Phone: 760-346-5694
Fax: 760-568-9685
Email: Social@livingdesert.org
Postal Address: 47900 Portola Avenue, Palm Desert, CA, 92260

Notification of Changes

These Terms of Use may be modified by The Living Desert Zoo and Gardens at any time and will be binding at the time of implementation. Users have the responsibility of reviewing our website’s terms and conditions.