INDEMNIFICATION; HOLD HARMLESS
User agrees to indemnify, defend, and hold Academy, and its suppliers and partners (including, without limitation, Academy’s wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) the use or misuse of any User’s personal information and location information, or the Services generally, (b) any violation of the rights of any other person or entity by User, and/or (c) any breach or violation of these Terms and Conditions of Use by a User.
Academy reserves the right, at a given User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify Academy, and said User agrees to cooperate with Academy’s defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
A USER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL ACADEMY, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, ACADEMY’S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO ANY USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER’S PERSONAL INFORMATION OR LOCATION INFORMATION; (B) A USER’S ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, INCLUDING THE MOBILE SERVICES, OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH ACADEMY OR ANY OTHER USER OF THE SERVICES, EVEN IF ACADEMY OR A ACADEMY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE AND/OR THROUGH THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED ON OR THROUGH THE WEBSITE AND/OR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE AND/OR SERVICES, AND/OR RECEIVED THROUGH ANY LINKS PROVIDED ON OR THROUGH THE WEBSITE AND/OR SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE AND/OR SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE WEBSITE AND/OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ACADEMY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
IN NO EVENT SHALL ACADEMY (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, ACADEMY’S WIRELESS CARRIER PARTNERS) TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, OR A USER’S EMPLOYMENT OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY A USER FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF SAID USER’S CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
USER FURTHER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OF USE, AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO A SPECIFIC USER. SAID USER, HOWEVER, AGREES THAT ACADEMY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
It is Academy’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, Academy will promptly terminate without notice the accounts of Users that are determined by Academy to be "repeat infringers.” A repeat infringer is a User who has been notified by Academy of infringing activity violations more than twice and/or who has had User Content removed from Academy more than twice.
Copyright owners who believe that any content on the Website and/or Services infringes upon their copyrights are encouraged to submit a notification pursuant to the DMCA to the Academy’s registered Copyright Agent at the email or mailing address below:
Copyright Agent, Legal Department
California Academy of Sciences
55 Music Concourse Drive
San Francisco, California 94118
If You elect to submit a Counter-Notification, please send the Academy registered Copyright Agent a Counter Notification at the email or mailing address above.
Notifications should include the following in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Academy Service are covered by a single notification, a representative list of such works on the applicable Academy Service;
- 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 Academy to locate the material;
- Information reasonably sufficient to permit Academy 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;
- 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
- 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.
Further detail of what an effective Notification of Alleged Infringement or Counter-Notification must include is available at the U.S. Copyright Office Website at http://www.copyright.gov.
A copyright owner acknowledges that if he or she fails to comply with all of the requirements of this section, his or her DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Academy may provide account support (“Support”) to a User via one or more of the following methods:
- Discussion Forums
- Snail Mail
Academy strives to respond to Support requests within 48 hours after the request is placed. Telephone Support is available and the number for such support may be found here.
The Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
You agree that any cause of action related to, or arising under the Terms and Conditions of Use must be commenced within one (1) year after said cause of action accrues, regardless of Your knowledge of the facts or circumstances relevant to such cause of action. Should You fail to commence any such action within that one year term, such action is permanently barred.
You agree that any action at law or in equity arising out of or relating to the Terms and Conditions of Use or the Services shall be filed only in the state or federal courts in and for the City and County of San Francisco, and You consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.
Alternatively, either Academy or You may demand that any dispute or claim between Academy and You concerning matters covered under these Terms and Condition Use or the Services be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA"). If arbitration is demanded by Academy or You, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA at the AAA’s Regional Office in San Francisco, California, in order to resolve the applicable dispute or claim; provided that the foregoing shall not prevent Academy from seeking injunctive relief in a court of competent jurisdiction.
In any action to enforce, arising under, and/or relating to these Terms and Conditions of Use, the prevailing party, as determined by the court or other body with jurisdiction by agreement of the parties, shall be entitled to recover, in addition to all other remedies and awards to which it is entitled, its reasonable attorneys' fees and costs incurred in connection with such action.
Severability and Waiver
If any provision of the Terms and Condition of Use is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions of Use shall not affect the validity and enforceability of any remaining provisions.
Moreover, a provision of the Terms and Conditions of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of the Terms and Conditions of Use shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of the Terms and Conditions of Use shall not be construed as a continuing waiver of other breaches of the same or other provisions of the Terms and Conditions of Use.
Academy may provide You with notices, including those regarding changes to the Terms and Conditions of Use, by email, regular mail, or postings on the Website and/or through the Services. Notice will be deemed given twenty-four hours after email is sent, unless Academy is notified that the email address is invalid. Alternatively, Academy may provide You legal notice by mail to a postal address, if said postal address was previously provided by You to Academy. In such case, notice will be deemed given three days after the date of mailing. Notices posted by Academy on or via the Website and/or Services are deemed given and binding 30 days following the initial posting.
The Terms and Conditions of Use (and any related Guidelines and/or policies), and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned or transferred by Academy without restriction.
Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification contained in the Terms and Conditions of Use, hereby survive any termination of the Terms and Conditions of Use, or any termination of a User’s account or use of the Website and/or Services.
Changes In Services
Academy may modify the Services from time to time, for any reason, and without notice. Additionally, Academy maintains a plenary right to terminate the Services for any reason, with or without notice, and without liability to any User or any third party.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms and Conditions of Use, and shall not be deemed to limit or affect any of the provisions hereof.
These Terms and Conditions of Use (and any related Guidelines and policies) constitute the entirety of the agreement between Academy and Users relative to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.