Acceptance of Terms
BY USING THE SITE OR SERVICES YOU AGREE AND CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT. YOU’RE CONTINUED USE OF THE SITE OR ANY SERVICE INDICATES YOUR CONTINUED ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, YOU MAY NOT USE THE SITE OR ANY SERVICE. THIS AGREEMENT IS SUBJECT TO CHANGE BY RIPLEY’S AQUARIUM OF THE SMOKIES AT ANY TIME WITHOUT NOTICE. ALL RIGHTS TO USE THE SITE AND SERVICES ARE GRANTED ON THE CONDITION THAT SUCH RIGHTS ARE FORFEITED IF USER FAILS TO COMPLY WITH THIS AGREEMENT.
Information You Submit: Age Verification
RIPLEY’S AQUARIUM OF THE SMOKIES MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS, OR SERVICES DESCRIBED OR OFFERED ON THE SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. RIPLEY’S AQUARIUM OF THE SMOKIES DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION PUBLISHED AT THE SITE. RIPLEY’S AQUARIUM OF THE SMOKIES RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS, SERVICES OR TRANSMISSIONS WITHOUT PRIOR NOTICE. FURTHERMORE, BY OFFERING THE SITE AND INFORMATION, PRODUCTS OR SERVICES VIA THE SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY RIPLEY’S AQUARIUM OF THE SMOKIES TO ANY PERSON TO USE THE SITE OR SUCH INFORMATION, PRODUCTS, OR SERVICES IN ANY JURISDICTIONS WHERE THE PROVISION OF THE SITE AND/OR SUCH INFORMATION, PRODUCTS, OR SERVICES IS PROHIBITED BY LAW.
User may not: (i) modify, revise, translate or create any derivative works of the Site, its content, or supporting documentation; (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the Site; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Site; (iv) remove or alter any proprietary notices, legends, symbols or labels in the Site, including, but not limited to, any trademark, logo, copyright; (v) create a database by systematically downloading and storing Site content; (vi) use a robot spider or search / retrieval application or device to scrape, data mine, or index the Site without our express written consent; or (vii) frame or mirror any part of the Site without our express written consent.
Title, ownership rights, and intellectual property rights in the Site, its content, and all copies thereof shall remain in and with Ripley’s Aquarium of the Smokies , its licensors and/or its assigns. The Site, and all elements comprising the Site, including, without limitation, the text, Site design, logos, graphics, sounds, icons and images, as well as the selection, assembly and arrangement thereof are protected by copyright, trademark, and/or other intellectual property rights and laws and by international treaties. All trademarks, service marks, trade names, trade dress, logos, designs and sounds associated with the Site are owned by Ripley’s Aquarium of the Smokies or third parties that have authorized their use.
You may be required to register to use parts of the Site or particular Services. We may require that you change your user name, password or other registration information you provide. Your user name and password are for your personal use. You are responsible for any use by yourself or others and you should keep this information confidential. You agree to promptly notify us in the event that there is unauthorized use of your account at the Site or in connection with the Services.
The Site may include areas where you can submit or post information, text, images, photographs, graphics, music, videos, audiovisual works, and/or other content and/or materials (each a “Submission”). You retain ownership of your Submissions, subject to the terms use of this Agreement (including the license you grant to us with respect to such submissions).
License Grant for Submissions
You hereby grant to Ripley’s Aquarium of the Smokies and our affiliates (“Affiliates”) a world-wide, royalty free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sub licensable (through multiple tiers) license, without additional consideration to you or any other party, to: (a) reproduce, distribute, transmit, communicate to the public, perform and display (publicly or otherwise), edit, modify, adapt, create derivative works from and otherwise use such Submission, in any format or media now known or later developed, on or in connection with the Site or any of our (or our Affiliates’) similar services or offerings (for example, any web sites, and any desktop, mobile or other applications, widgets or APIs) (such services or products are collectively referred to as the “Additional Services”); (b) exercise all trademark, publicity and other proprietary rights with regard to such Submission; (c) use your name, photograph, portrait, picture, voice, likeness and biographical information as provided by you in connection with your Submission for any promotional purposes related to the Site or the Additional Services, in each case, in connection with your Submission; and (d) use your Submission for any promotional or other business purposes related to the Site and the Additional Services. For the avoidance of doubt, nothing in this Agreement authorizes you to incorporate into any Submission any content or material owned by us or our Affiliates, directors, officers, employees, agents and representatives (“Representatives”) and licensors and service providers (collectively, “Providers” and together with Ripley’s Aquarium of the Smokies and the Representatives, the “Ripley’s Aquarium of the Smokies Parties”). IF YOU DO NOT WANT TO GRANT THE RIGHTS GRANTED WITH RESPECT TO SUBMISSIONS, DO NOT POST ANY SUBMISSIONS ON THE SITE.
Acknowledgments Regarding Submissions
You acknowledge and agree that you have received good and valuable consideration in exchange for the rights granted by you in and to any Submissions, including, without limitation, the ability to participate in activities on the Site; and you are not entitled to any further consideration (including any payment) for any use or other exploitation of any Submission by us or others pursuant to the rights in such Submission granted in this Agreement or which are available under applicable law. All Submissions are not confidential and may be used by us and others contemplated in this Agreement without any confidentiality or other non-disclosure or non-use obligations and without attribution to you or others. We reserve the right to limit the size and quantity of Submissions that may be posted or stored at the Site. You acknowledge that Ripley’s Aquarium of the Smokies in its sole discretion may choose whether or not to exercise any right granted to us under this Agreement and we do not have any obligation to use or post or retain any Submission.
Your Representations and Warranties
You hereby represent and warrant that: (a) you have the legal right and authority to enter into this Agreement; (b) in creating and submitting each Submission you have complied and will comply in all respects with all applicable laws, rules and regulations; (c) you own individually and exclusively, or otherwise have the full right and permission to exploit, all of the rights in and to any Submission and to grant the rights and licenses set forth in this Agreement and that with respect to any third party content and materials that are included in any of your Submissions you have obtained express, written permission from all owners of and rights holders in such third party content and materials as are necessary for you to grant the rights and licenses in this Agreement and have not violated and will not violate any understanding by which you are bound (including any agreement with a third party); (d) you have obtained (and will provide to us upon our request) the written permission of every identifiable individual who appears in any Submission to use such person’s name, voice and likeness for purposes of using and exploiting such Submission as contemplated in this Agreement (if any such identifiable individual is a minor, you have obtained such written permission from such person’s parent or legal guardian); (e) any Submission and the use permitted in this Agreement does not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; and (f) any Submission is not confidential and does not contain any confidential information.
Waiver; Further Assurances; Indemnity
To the extent permitted under applicable law, you agree to forever release, discharge and waive all claims against us and the Ripley’s Aquarium of the Smokies Parties from, and covenant not to initiate, file, maintain, or proceed upon any suit, claim, demand, or cause of action against us and the Ripley’s Aquarium of the Smokies Parties with respect to, any and all claims, demands, actions, losses, costs, damages, liabilities, judgments, settlements and expenses (including, without limitation, reasonable attorneys’ fees) that relate in any way to this Agreement, the Site, the Services and/or the use of any Submission in a manner consistent with the rights granted under this Agreement to such Submission. Further, to the extent permitted under applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern “moral rights,” “droit moral,” or similar rights, in connection with any Submission. At any time upon our request, you shall take all such actions as we may reasonably deem necessary or desirable in order for us and our Affiliates and designees to obtain the full benefits of this Agreement.
Visitors to the Site may not post information or materials on the Site in violation of this Agreement, including postings that may be misleading or wrong. We, along with the Ripley’s Aquarium of the Smokies Parties, do not endorse and are not responsible for any information or materials made available through the Site or your use of such information or materials.
Third Party Applications
Third Party Content
The Site may incorporate certain functionality that allows the transmission of and/or access to content made available by third parties (“Third Party Content”). By using such functionality you acknowledge and agree that you are directing us to access and transmit to you Third Party Content by means of such functionality. We make no representations or warranties with respect to Third Party Content and you agree that neither we nor the Ripley’s Aquarium of the Smokies Parties are responsible or liable for any Third Party Content. We are not obligated to monitor Third Party Content and we may block or disable access to any Third Party Content (in whole or part) at any time. The fact that Third Party Content is made accessible to you or provided to you does not mean that we endorse it or are affiliated with the provider of such Third Party Content.
Monitoring of the Site and Submissions.
You agree not to use the Site, or any results from your use of the Site, to:
Upload, transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or which would give rise to criminal or civil liability;
Harm minors in any way;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
Upload, transmit, access or communicate any data or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
Upload, transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit or monitor or hijack the operation of or functionality of any computer software or hardware or equipment;
Offer to buy or sell goods or services without our express prior written consent;
Intentionally or unintentionally violate any applicable local, state, national or international law, including any privacy laws of any applicable jurisdiction;
Distribute junk mail, chain letters or other solicitations;
“Spam”, “stalk,” threaten or otherwise harass another or restrict them from using the Site;
Collect or store personal data or other information about other users or non-users; and/or
Intentionally make available spoofed files or files with information designed to misidentify the actual content of the file.
You acknowledge and agree that we do retain the right to monitor and approve the Submissions and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, or to protect Ripley’s Aquarium of the Smokies , the Site or users of the Site.
Sweepstakes, contests and other promotions (“Promotions”) may be made available through the Site. These are governed by official rules applicable to the specific Promotions. Please review those official rules prior to participating in any Promotion.
Links to Other Sites
Notices Of Claimed Infringement
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information in writing to Ripley’s Aquarium of the Smokies ’s Copyright Agent named below:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Ripley’s Aquarium of the Smokies ’s Copyright Agent for notice of claims of copyright infringement can be reached at: Ripley’s Aquarium of the Smokies , Attn: Legal Department, 88 River Rd, Gatlinburg,TN 37738 with a copy to 7576 Kingspointe Parkway, suite 188, Orlando, Florida 32819. Ripley’s Aquarium of the Smokie’s Copyright Agent can also be reached by facsimile at (407)-345-0801), sent to the attention of the Legal Department.
Disclaimer of Warranty
THE SITE AND ALL SERVICES, THIRD PARTY APPLICATIONS AND THIRD PARTY CONTENT MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED ‘AS IS’ AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH USER. SHOULD THE SITE PROVE DEFECTIVE, USER ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SITE OR SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. SOME STATES DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF WARRANTIES, SO THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU TO THE EXTENT THAT SUCH STATE LAW APPLIES TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RIPLEY’S AQUARIUM OF THE SMOKIES AND/OR THE RIPLEY’S AQUARIUM OF THE SMOKIES PARTIES BE LIABLE TO USER FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, PUNITIVE, DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY USER OR THIRD PARTIES, A FAILURE OF THE SITE TO OPERATE WITH ANY OTHER PROGRAMS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE COLLECTIVE LIABILITY OF RIPLEY’S AQUARIUM OF THE SMOKIES AND/OR RIPLEY’S AQUARIUM OF THE SMOKIES PARTIES UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES USER PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO USER AND IN SUCH CASE RIPLEY’S AQUARIUM OF THE SMOKIES’S LIABILITY AND THAT OF THE RIPLEY’S AQUARIUM OF THE SMOKIES PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
User further agrees to release, discharge, indemnify and hold harmless Ripley’s Aquarium of the Smokies and Ripley’s Aquarium of the Smokies Parties from and against any claims, damages, expenses or liability arising from or related to any injuries, damages or losses to any person or property of any kind resulting in whole or in part, directly or indirectly, User’s use of the Site (or any other person accessing the Site using your account), or use of Ripley’s Aquarium of the Smokies or Ripley’s Aquarium of the Smokies Parties’ services, including, without limitation, User’s breach of any terms or representations contained in this Agreement or the use by Ripley’s Aquarium of the Smokies or Ripley’s Aquarium of the Smokies Parties of any of the rights granted by User.
We may, at any time and for any reason, terminate your access to or use of the Site, your user name and/or password, or any Service.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the State of Tennessee. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the Superior Court (before a Judge alone, with no jury) in the State of Tennessee and User expressly consent to the exercise of personal jurisdiction in the Superior Court in connection with any such dispute including any claim involving Ripley’s Aquarium of the Smokies and/or the Ripley’s Aquarium of the Smokies Parties. Any claim or cause of action you may have with respect to the Site or Services must be commenced within one (1) year after the cause of action or claim arises. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. Ripley’s Aquarium of Smokies shall have the right to modify this Agreement from time to time. You understand and agree that your continued use of the Site or Services indicates your acceptance of any such modifications, which shall become a part of this Agreement.
Communicating with Ripley’s Aquarium of Smokies
By sending Ripley’s Aquarium of Smokies any ideas, comments, suggestions, questions or other material, you grant to Ripley’s Aquarium of Smokies an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material in any manner, including in connection with Ripley’s Aquarium of Smokies’s business, and you also agree that Ripley’s Aquarium of Smokies is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. You agree that you shall remain solely liable for the contents of any submissions to the Site made by you or others using your account. Our postal contact regarding the matters set forth in this Agreement is as follows: Ripley’s Aquarium of Smokies, Attn: Guest Support, 88 River Rd, Gatlinburg,TN 37738. Our email contact regarding such matters is as follows: RipleysOnline@ripleys.com
Void Where Prohibited
Ripley’s Aquarium of the Smokies administers and operates the Site from its location in Gatlinburg, Tennessee. Ripley’s Aquarium of the Smokies reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area. Any offer for any feature or service made on the Site is void where prohibited. You may not use the Site or any Service in violation of any applicable laws or regulations, including, without limitation, export laws and regulations.
Tickets are non-refundable and will not be replaced if expired, destroyed, lost or stolen.