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Conditions of Use

By using this website you agree to the following conditions of use.

Thank you for visiting the Oceanscape Network (henceforth to be referred to as ON) website. The ON website is the property of the Oregon Coast Aquarium (also to be referred to as “Aquarium.”) The ON website has been made available to you subject to your compliance with the terms and conditions set forth below (the "Conditions of Use"). Please read this document carefully before agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use this website.

Modification of these Conditions of Use

The Oregon Coast Aquarium reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the ON website.

Privacy

Please review our Privacy Policy, which also governs your visit to ON, to understand our practices regarding the use and disclosure of your personal information.

Electronic Communications

When you visit ON, send emails, texts, instant-messaging etc. to us, you are communicating with us electronically, and therefore you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone, or by facsimile. It is also understood that all agreements, disclosures, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and Licenses

The entire contents of this website, including but not limited to: text, graphics, logos, button icons, videos, images, audio clips, digital downloads, data compilations, and software, are the property of the Oregon Coast Aquarium, a non-profit corporation in the state of Oregon, and are protected by domestic and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior expressed written consent of the Aquarium. You may print or download portions of the materials from various areas of this website solely for your own non-commercial or educational use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately at oceanscape@aquarium.org to notify us of this infringement.

License and Website Access

The Oregon Coast Aquarium grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of the Aquarium. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of the Aquarium. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, video, page layout, or form) of ON without the express written consent of the Aquarium. You may not use META tags or any other "hidden text" which utilize ON, oceanscape.aquarium.org or any other derivative of our domain or company name without the express written consent of the Aquarium. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to any of the pages in ON so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. It is further understood and agreed that the Aquarium cannot and does not guarantee or warrant that files made available for downloading through the ON website will be free of infection or viruses, worms, Trojan Horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through ON are free from such contaminations.

Disclaimer of Warranty/Limitation of Liablility

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY THE OREGON COAST AQUARIUM ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE AQUARIUM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE AQUARIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AQUARIUM DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THE AQUARIUM OR ON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE AQUARIUM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

THE AQUARIUM USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. THE AQUARIUM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, THE AQUARIUM SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Third Party Links

Linked websites are not under the control of the Oregon Coast Aquarium, and the Aquarium is not responsible for the contents of any linked site or any link contained in a linked site. The Aquarium provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by the Aquarium or the Oceanscape Network of the site.

Applicable Law

By visiting the ON website, you agree that the laws of the state of Oregon, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and the Aquarium.

Disputes

Any dispute relating in any way to your visit or access of the ON website or to the products or services you purchase through the ON website shall be submitted to binding arbitration in Lincoln County, Oregon, except that, to the extent you have in any manner violated or threatened to violate the Aquarium’s intellectual property rights, the Aquarium may seek injunctive or other appropriate relief in any state or federal court in the state of OR, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless the Oregon Coast Aquarium, its officers, Board of Directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the ON website.

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. Additionally, 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.

Other Provisions

The Oregon Coast Aquarium’s failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. The Aquarium may assign its rights and duties under these Conditions of Use to any party at any time without notice to you.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Requests and Address

Please send notices by care of email to: oceanscape@aquarium.org reach us at our mailing address:

Oregon Coast Aquarium
ATTN: Oceanscape Network
2820 SE Ferry Slip Road
Newport, Oregon 97635
Phone: (541) 867-3474
Email: oceanscape@aquarium.org