Terms of Use

 

 

By accessing and using the Site, you agree to be bound by these terms and conditions of use ("Terms of Use") and the associated Privacy Policy for the Site. From time to time, WCS may modify these Terms of Use, so please review it periodically for changes. Your continued use of the Site after we have modified the Terms of Use indicates your agreement to the modified terms.

 

Privacy

WCS respects the privacy of its users and encourages you to read its Privacy Policy so that you may make an informed decision about using the Site.

 

Copyright Notice

Copyright 2024 . Wildlife Conservation Society. All rights reserved.

 

TRADEMARK NOTICE

WILDLIFE CONSERVATION SOCIETY, WCS, WE STAND FOR WILDLIFE, 96 ELEPHANTS, PABLO PYTHON, MANNAHATTA, MANNAHATTA 2409, WELIKIA, BRONX ZOO, NEW YORK AQUARIUM, CENTRAL PARK ZOO, PROSPECT PARK ZOO, QUEENS ZOO and the various WCS logos displayed on the Site are trademarks or service marks of the Wildlife Conservation Society. All rights reserved.

 

USE OF CONTENT

Permission to use, copy and distribute content delivered from this Site is hereby granted under the following conditions: (1) the above copyright and/or trademark notice(s) and this permission notice must appear in all copies; (2) any use of the content available from this Site must be for personal or informational purposes only and in no instance for commercial purposes; (3) no content available from this Site may be modified in any manner; (4) no graphics available from this Site may be used (including links from pages on other websites), copied, or distributed separate from the accompanying text; and (5) no attribution information may be removed from any content. Any rights not expressly granted herein are reserved by WCS. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any trademark or service mark of WCS. Except as expressly granted above, all rights are expressly reserved to WCS.

 

SUBMISSIONS, UPLOADED CONTENT AND ONLINE CONDUCT

You retain all of your ownership rights in any content including but not limited to information, data, text, messages, articles, software, photos, video, graphics, music, sounds or any other original or creative material, or other information provided by you in the form of e-mail or submissions to WCS, or postings on the Site or through another WCS website or service. You hereby grant WCS a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with Site, including without limitation for promoting and redistributing part or all of the WCS service (and derivative works thereof) in any media format and through any media channel. You also hereby grant each user of the WCS service a non-exclusive license to access your content through the Site, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Site or a WCS service and under these Terms of Use. The submission of any content to WCS irrevocably waives any and all "moral rights" in such content. You further agree that WCS does not guarantee any confidentiality with respect to any content you submit.

WCS does not endorse any content submitted to WCS, nor any opinion, recommendation, nor advice expressed therein, and WCS expressly disclaims any and all liability in connection with such submissions.

You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to WCS all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on or through the Site or a WCS service pursuant to this Terms of Use.

You further agree that any content you submit to WCS through this Site or any WCS service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant WCS all of the license rights granted herein.

In order to maintain an efficient and effective Site that addresses the needs and interests of our users, the following rules apply to the use of this Site:

1. You may not post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, or violates any other person's copyrights, privacy rights, trademarks, trade secrets or any other intellectual property rights, or rights in any confidential information.
2. You may not post or transmit any content with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety.
3. You may not change, modify, alter or tamper with the Site's software, appearance or functionality.
4. You acknowledge and agree that WCS may take appropriate action, at its discretion, in order to prevent the misuse of the Site to disseminate information, statements, or content that may be abusive, destructive, harmful or threatening to the safety of others or in order to comply with any law or regulation of any government entity; including deleting your posted content which violate these rules. Such action may include but is not limited to termination of your access to the Site for any reason, at any time, and without liability to you.
5. You may not interfere with others' use of the Site or disrupt the normal flow or use of the Site, including but not limited by posting or transmitting any virus, infection, contamination or destructive file which causes the Site to become inaccessible, inoperable or contaminated.

 

INDEMNITY

You agree to indemnify and hold WCS, its officers, directors, trustees, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against WCS by any third party due to or arising out of or in connection with your use of the Site.

 

USE BY CHILDREN

The Site is intended to be accessible and enjoyed by general audiences but WCS does not offer or sell any product or service through this Site to children under the age of 13. WCS does not knowingly collect personal information from children under the age of 13 on any of its websites without first providing the parent or legal guardian with notice and obtaining prior verifiable consent. Where a WCS website is specifically directed toward children under the age of 13, the terms of the WCS Children's Privacy Policy found on that website will apply.

 

DISCLAIMER

THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS", "WHERE IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WCS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WCS DOES NOT REPRESENT OR WARRANT THAT CONTENT IN THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION PROVIDED THROUGH THE SITE BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WCS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR WCS'S SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF THE SITE.

WCS reserves the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WCS.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL WCS OR ITS OFFICERS, DIRECTORS, TRUSTEES, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM WCS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WCS'S RECORDS, PROGRAMS OR SERVICES.

 

LINKING TO THE WCS SITE

You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray WCS or any of its products, services or programs in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any WCS trademark, service mark, logo or other proprietary information, including the images found at the WCS website, the content of any text or the layout/design of any page or form contained on a page without WCS's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a WCS name, trademark or product name without WCS's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise, in or under any patent, trademark, service mark, copyright or proprietary right of WCS or any third party. WCS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the WCS website.

 

THIRD PARTY LINKS AND CONTENT

WCS may provide links to web pages and content of third parties ("Third Party Content") as a service to those interested in this information. WCS does not monitor, nor does it have any control over, any Third Party Content. WCS does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. WCS makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the WCS site, you should be aware that WCS's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.

 

ACCOUNTS

Some WCS sites and services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that WCS may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify WCS of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the applicable WCS service.

 

PAID TRANSACTIONS

WCS processes many transactions through the Site, including for (i) donations; (ii) tickets for admission to WCS zoos and aquarium, Treetop Adventure, public programs, special events, attractions and experiences, and memberships; (iii) camps, private birthday parties, professional development and other programs offered by the WCS Education department; and (iv) other online transactions that generate shipment of goods. Paid transactions are processed by WCS, or a third party if one is identified at the time the transaction is processed. Third party transaction processors may apply different or additional terms and conditions, which you should read when they are presented to you.

You will have the opportunity to review and confirm your transaction details, including delivery address (if applicable), payment method and items purchased. A receipt will be emailed to you after your transaction is processed. At such time, the paid transaction is complete and binding.

 

Donations

Donations processed through the Site are non-refundable. If you have made a donation through the Site and believe there has been an error, or you become aware of an unauthorized donation transaction, please contact us at donate@wcs.org as soon as possible. WCS will refund donations only in the event of a mistake or unauthorized transaction, or due to identity theft or other extreme circumstances where a reasonable and satisfactory explanation is provided. WCS may ask for proof of identity before issuing a refund. In the event that WCS determines that a refund is warranted, the refund will be processed using the original method of payment. If a request for refund is not made promptly after a transaction has been completed, it may not be possible for WCS to issue a refund, due to tax laws and other reasons.

To change, stop or delay monthly or annual gifts, log on to our secure online service center at https://secure.wcs.org/user or contact us at donate@wcs.org.

 

Admission Tickets and Membership Purchases

All ticket purchases for admission to WCS zoos and aquarium, Treetop Adventure, public programs, special events, attractions and experiences, and membership purchases, are final. There are no refunds, cancellations or rescheduling. Please contact 800-433-4149 or onlinetickets@wcs.org if you have any questions.

 

Education Programs

All online registrations are non-transferable and all programs are held rain or shine.

Summer Camp: We accommodate schedule change requests until June 1, dependent on availability. Cancellations before June 1 will receive a full refund minus a $60 administrative fee. Cancellations after June 1 will not receive a refund. All requests to reschedule or cancel camp must be made in writing to bzeducation@wcs.org.

Informal Programs: Cancellations made more than 4 weeks in advance will receive a 100% refund (minus any administrative fees). Cancellations made between 2 and 4 weeks in advance will receive a 50% refund. Cancellations made within 2 weeks will not receive a refund. All requests to cancel programs must be made in writing to bzeducation@wcs.org.

Requests to reschedule are subject to availability and will be subject to a 10% administrative fee. All requests to reschedule programs must be made in writing to bzeducation@wcs.org.

Birthday Parties: There is no refund for cancellations made less than 4 weeks prior to the event date. Cancellations made before that time will receive a refund minus the 10% non-refundable deposit. Should you wish to reschedule, we require a minimum of 60 days notice to book a new event date and charge a $100 service fee. Your deposit will transfer; however, event dates are subject to availability. All cancellation and reschedule requests must be submitted in writing to bzbirthdayparties@wcs.org.

Dismissal: If a participant is dismissed from the program due to behavioral issues, a refund will not be granted and the participant will not be allowed to return to the program.

Illness: There are no make-up sessions or refunds due to illness.

Gift Certificates: Gift certificates for Education programs are non-refundable, cannot be reissued if lost or stolen, and cannot be redeemed for cash.

Field Trips: Cancellations must be confirmed in writing to bzeducation@wcs.org. Cancellations made more than 2 weeks in advance will receive a 50% refund. There will be no refunds for cancellations made within 2 weeks of the scheduled program.

Requests for changes to reservations cannot be made less than 4 weeks prior to the scheduled date of visit. All rescheduled programs are subject to availability. A substitute program may be provided at the discretion of WCS Education if we are unable to accommodate your original request. There will be no price adjustments made for alternate programs offered. A $50 service charge will apply for each change made to the original reservation.

Title 1 Grant Funded Programs: Due to high demand, Title 1 funded programs cannot be rescheduled and must take place no later than February 28 of this school year. If, due to unforeseen circumstances, your superintendent requires you to reschedule your program, be prepared to submit a letter from your administration explaining the situation. WCS Education cannot guarantee a rescheduled date. If there are unforeseen situations in which the WCS Education needs to cancel your program(s), we will reschedule with no penalties. A $25 service charge will apply for each change made to the original reservation.

 

Shipment of Goods

WCS processes certain transactions through the Site, such as for virtual memberships, symbolic adoptions and Name A Roach donations, which generate shipments of goods. You must provide a U.S. street address for shipping; WCS cannot ship to P.O. box addresses at this time. WCS ships packages through either USPS or Federal Express, and you have the ability to track the status of shipments. WCS is committed to getting your order to you in a timely fashion; however, there may be shipping delays beyond our control. If a product becomes unavailable after you place an order, WCS will contact you and give you the option to make a product substitution or wait until the product is restocked.

If a product arrives damaged or you need assistance concerning symbolic adoptions, please email us at membership@wcs.org, subject: Symbolic Adoption.

If a product arrives damaged or you need assistance concerning virtual memberships, please email us at membership@wcs.org, subject: Virtual Membership.

 

EXCESSIVE DATA USAGE CHARGES

Accessing and using the Site on your mobile device will require use of your data service. Depending on the plan you have with your mobile network carrier, you could incur excessive data charges amounting to hundreds or thousands of dollars. You should check with your mobile network carrier and determine how you will be charged for data usage. WCS is not responsible for your data usage and will not be responsible for excessive data charges that you may incur. You are responsible for any Internet connection, data or other fees assessed by your mobile network carrier to access the Site via your wireless device, including any data plan charges, toll, out-of-area, roaming or other wireless device connection charges.

 

SEVERABILITY AND NONWAIVER

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of WCS to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of WCS's right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

 

APPLICABLE LAW AND JURISDICTION

These Terms of Use and any amendments or revisions shall be governed by applicable federal law and the laws of the State of New York, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use or the use of the Site shall be brought in the federal judicial district in the Southern District of New York, and you irrevocably consent to personal jurisdiction in the state or federal courts located in the State of New York.

 

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

USE OF THE SITE OUTSIDE THE UNITED STATES

The Site is controlled and offered by WCS from the United States. WCS makes no representations that the Site is appropriate or available for use in other locations. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

If you are located outside of the United States, the information you provide to us will be transferred to the United States and that by providing your Information, you consent to this transfer and storage of the data in the United States.

 

TERMINATION

Notwithstanding any of these Terms of Use, WCS reserves the right, without notice and in its sole discretion, to terminate your use of the Site and to block or prevent future access to and use of the Site.

 

DATA RETENTION

WCS may maintain backups of data including registration data to recover data and restore accounts in case of errors or system failure. Therefore, data that you delete or that WCS deletes may remain backed up. WCS does not guarantee that backups will function error free. WCS may not be able to restore data from a backup on request. For these reasons, you are responsible for maintaining your own backups.

 

SWEEPSTAKES & CONTESTS

WCS may operate sweepstakes, contests, and similar promotions (collectively "Promotions") through this Site. You should carefully review the rules ("Official Rules") of each Promotion in which you participate, as the Official Rules may contain additional terms and conditions. In the event the Official Rules conflict with this Terms of Use, the Official Rules will control.

 

REVIEW AND CORRECTION

If you would like to review or correct the information that you provided to WCS (or if you have comments or questions about our Site), you can contact us at: einfo@wcs.org.

Contact Information:

Wildlife Conservation Society
2300 Southern Boulevard
Bronx, New York 10460
T (718) 220-5100

 

© 2015 Wildlife Conservation Society. All rights reserved.