Terms of Use




The following terms describe the terms and conditions applicable to your access and use of the Association of Zoos and Aquariums ("AZA") website (the "Terms of Use").

Your Acceptance of these Terms of Use

If you do not agree to all of these Terms of Use, please do not use this website. By accessing and using this website, you will be deemed to have agreed to these Terms of Use. AZA may revise at any time without notice these Terms of Use. Your continued use of this website will be deemed as an acceptance of any revisions to these Terms of Use, so please check back when you use this website. These Terms of Use were last updated on January 14, 2014.

Online Privacy Notice

Your privacy is important to us. We provide an Online Privacy Notice explaining our online information practices and the choices you can make about the way your information is collected and used at this website. The Online Privacy Notice forms a part of these Terms of Use.

Copyright and Use of Material

This website, all content on this website, including but not limited to, text, software, code, photographs, video, graphics, and other material contained within this website (together the “Material”) are protected by U.S. and foreign copyright, trademark and other laws. You may access and display the Material only on a single computer or other device and may make a single copy of pages of this website for your personal, non-commercial use only, provided that you keep all copyright, trademark, and other proprietary notices intact. Except as otherwise provided on an applicable web page, you may not modify, copy, reproduce, distribute or otherwise use in any way the Material available on this website without the express written permission of AZA.

Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You shall not engage in spidering, "screen scraping," "database scraping," harvesting of user information, or any other automatic means of accessing, logging-in or registering on this website, or obtaining lists of users or obtaining or accessing other information from or through this website. You shall not use this website in any manner with the intent to interrupt, damage, disable,overburden, or impair this website, or interfere with any other party's use and enjoyment of this website, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through this website.

Requests for permission to reproduce portions of this website for educational and non-commercial purposes must be made by contacting Barbara Pueschel at AZA.

Trademarks and Logo

AZA®, the AZA logo, National Alliance for Species Survival®, FrogWatch USA™, Association Of Zoos & Aquariums®, and Species Survival Plan® are registered trademarks/service marks of AZA. Use of the AZA logo is limited to AZA accredited members, related facility members, conservation partners and commercial members and this use must be in accordance with AZA's Logo Usage Policy for Members, as amended from time to time. Unauthorized use of any AZA trademark, service mark or logo may be a violation of federal and state trademark laws. No other use of any AZA trademark, service mark or logo is permitted without the prior written authorization of AZA. All other trademarks or logos on this website are the property of their respective owners, who may or may not be affiliated with AZA.

Download AZA's Brand Signature logos and SSP logo (Members Only).

Linking Policy

Links from this Website

Some links included within this website will take you out of this website to external sites operated by other parties. These third party links are provided as a convenience to you and are limited to those that meet AZA's purpose. Decisions to include third party links are made using specific criteria, primarily the relevancy of the subject area to AZA members' information needs. Additional considerations are authorship, publishing body, point of view or bias, referral to other sources, verifiability, and currency. Nonetheless, the inclusion of a link does not indicate or imply an endorsement of any linked website by AZA, its content, or any merchandise or service provided therein, or any association of AZA with any of such website or its operators.

AZA makes no representation regarding the content or accuracy of any other website which you may access through this website. These linked sites are not under AZA's control, and AZA is not responsible for the content available on any linked site or any link contained within a linked site, or any changes or updates to such sites. AZA does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against AZA with respect to such websites. To the extent that such websites collect personal information from you, AZA does not have any responsibility or liability for the manner in which such information is used or exploited, or for any claims, damages, or losses resulting from their use or exploitation on or by such websites.

Your access and use of any linked websites are entirely at your own risk.

Links to the AZA Website

Unless otherwise set forth in a written agreement between you and AZA, you must adhere to AZA's linking policy as follows: (i) any link to AZA's website must be a text-only link clearly marked "Association of Zoos and Aquariums" and may not include the AZA logo (with the exception of AZA institutional members, which may use the AZA logo to link to the AZA website), (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with AZA's names and trademarks, (iii) the appearance, position and other attributes of the link may not create the false appearance or impression that your organization or entity is sponsored by, affiliated with, or associated with AZA, (v) when selected by a user, the link must display this website on full-screen and not within a "frame" on the linking website and may not link directly to any image or content hosted on this website, such as using an "in-line" linking method to cause the image or content hosted by us to be displayed on another website, and (vi) AZA reserves the right to revoke its consent to the link at any time and in its sole discretion.

AZA institutional and commercial members may link to the AZA site using the AZA logo. Please see the AZA Logo Usage Policy for more information.

Employment Opportunities 

AZA may from time to time post job opportunities from other employers on this website. AZA acts only as a venue for these employers to post job opportunities and does not screen the job listings offered on this website. These employers are solely responsible for their postings on this website. AZA is not responsible for the accuracy or completeness of these employers' job listings, the ability of these employers to offer job opportunities to candidates, or the hiring practices or policies of these employers. AZA is not involved in the actual transaction between these employers and candidates.

Use of Sample Documents

AZA may from time to time provide sample contracts, agreements, forms, and policies (collectively, the "Sample Documents") for AZA members in the "Members Only" section of this website. The sample documents are provided for information purposes only and are not intended to replace legal advice offered by legal counsel. AZA members are encouraged to consult competent legal counsel before using any of the sample documents. Your use of the sample documents is at your sole risk. AZA assumes no responsibility relating to the use of the sample documents and AZA, its officers, directors, employees and attorneys hereby disclaim any responsibility for, or any liability resulting from, the use of the sample documents.

E-mail

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.

No Warranties

Your use of this website is at your own risk. AZA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, to the fullest extent permitted by law, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH REGARD TO this website or the Materials, software or services contained in this website (INCLUDING, WITHOUT LIMITATION, THE CORRECTNESS, RELIABILITY, OR ACCURACY THEREOF) OR OTHERWISE. this website and the Materials, software or services contained in this website ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. AZA does not represent or warrant that the information contained in this Website or this website will be uninterrupted or error-free, or that the web pages or the server that makes it available are free of viruses or other harmful components. NEITHER AZA, NOR its AFFILIATED OR RELATED ENTITIES, OR CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER BASED ON OR RESULTING FROM ANY USE OF this website or the Materials, software or services contained in this website.

Limitation of Liability

In no event shall AZA be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if AZA has been advised of the possibility of such damages), resulting from your use of this website or the Materials, software or services contained in this website or any website. In no event shall AZA be liable for any claim, including, without limitation, claims by third parties, for losses or damages arising from any information (whether erroneous or not) contained in the website.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless AZA and its directors, officers, employees, and agents, from and against all claims, losses, liabilities, expenses, damages, injuries and costs, including reasonable attorneys’ fees, of any kind, nature and description, that arise directly or indirectly, in whole or in part, from your use of this website or the Materials, software or services contained in this website or any website, or your violation of these Terms of Use.

Security

Any usernames and passwords used for this website are for individual use only. You shall be responsible for the security of your username and password (if any). You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) are strictly prohibited.

FrogWatch USA Data

The following additional terms and conditions apply to your access and use of data or other content made available or which you provide in connection with AZA’s FrogWatch USA citizen science program, whether through the AZA website or the FrogWatch-FieldScope components of the website maintained by the National Geographic Society (all such data and content, “FrogWatch USA Data”).

FrogWatch USA is designed to gather and disseminate information about frog and toad distribution and abundance across the United States. All details of an observation and its associated location (species, call intensity, etc.) are available to all FrogWatch USA users. However, only information pertaining to frog and toad observations is available to users; no personal contact information is ever made public. By voluntarily submitting your information, you acknowledge and agree that AZA retains all right, title and interest in the FrogWatch USA Data (including but not limited to all FrogWatch USA Data that you provide to AZA), and in all copies or derivative works prepared by you. These Terms of Use do not grant you any title or right to any patent, copyright, or other intellectual property rights that AZA may have in the FrogWatch USA Data or that AZA or its partners or others may have in any other works, content or intellectual property associated with the FrogWatch USA citizen science program or the Fieldscope Site or web-based software platform.

The FrogWatch USA Data is provided to users only for applied and basic research and education.

Data is provided by volunteers across the country. In order to recognize the efforts of our dedicated volunteers, users of FrogWatch USA Data shall provide a full and appropriate acknowledgement and citation to AZA in any materials or publications derived in whole or in part from the FrogWatch USA Data. For any publication making substantial use of the FrogWatch USA Data, AZA would welcome the opportunity to comment on the work prior to its publication and to collaborate and co-author the work, if AZA contributes substantial intellectual input in the publication.

Recommended citation, changing the dates where appropriate:

AZA FrogWatch USA. (2013). FrogWatch USA: An online database of frog and toad monitoring observations. Silver Spring, MD: Association of Zoos and Aquariums; Available: http://www.aza.org/frogwatch/. Accessed: December 9, 2013.

Reproduction or distribution of any FrogWatch USA Data or other works, content or intellectual property associated with the FrogWatch USA citizen science program or any derivatives thereof, either in whole or in part, for commercial purposes is prohibited without the prior written consent of AZA. For the purposes of these Terms of Use, “commercial purposes” means: (a) any use by, or on behalf of, an entity that operates “for profit”; or (b) any use by any non-profit entity for the purpose of generating revenue.

You agree not to distribute, transfer or otherwise make available original datasets of FrogWatch USA Data to any third parties and will direct all such thirds parties’ requests for use of FrogWatch USA Data to AZA.

You agree not to publish or publicly distribute FrogWatch USA Data in its original format or other works, content or intellectual property associated with the FrogWatch USA citizen science program, either in whole or in part, in any media, including but not limited to on a website, FTP (File Transfer Protocol) site, CD or memory stick.

You may only pass on datasets derived from the original FrogWatch USA Data if such datasets are supplied subject to terms and conditions that are the same as these Terms of Use.

Your use of any FrogWatch USA Data does not constitute an endorsement by AZA of any derived products, reports, or analyses. AZA and FrogWatch USA logos must not be used on any derived products, reports, or analyses, or supporting materials, without the express written consent of AZA.

You agree to send, free of charge, an electronic copy of all products published using FrogWatch USA Data to AZA at: [8403 Colesville Road Suite 710, Silver Spring, MD 20910] or via email to: [frogwatch@aza.org].

AZA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH REGARD TO THE FROGWATCH USA DATA, FrogWatch USA citizen science program or the Fieldscope Site or web-based software platform to the fullest extent permitted by law (INCLUDING, WITHOUT LIMITATION, THE CORRECTNESS, RELIABILITY, OR ACCURACY THEREOF) OR OTHERWISE. ALL FROGWATCH USA DATA, THE FrogWatch USA citizen science program AND the Fieldscope Site AND web-based software platform ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. AZA DOES NOT REPRESENT OR WARRANT THAT THE FROGWATCH USA DATA, FrogWatch USA citizen science program or the Fieldscope Site or web-based software platform WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEB PAGES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER AZA, ngs OR National science foundation (nsf) NOR THEIR AFFILIATED OR RELATED ENTITIES, OR CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER BASED ON OR RESULTING FROM ANY USE OF ANY FROGWATCH USA DATA OR THE FrogWatch USA citizen science program or the Fieldscope Site or web-based software platform. 

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless AZA and its directors, officers, employees, and agents, from and against all claims, losses, liabilities, expenses, damages, injuries and costs, including reasonable attorneys’ fees, of any kind, nature and description, that arise directly or indirectly, in whole or in part, from your use of the FrogWatch USA Data or your participation in or use of the FrogWatch USA citizen science program or the Fieldscope Site or web-based software platform or your violation of these Terms of Use.

In no event shall AZA be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including,without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if AZA has been advised of the possibility of such damages), resulting from your use of any FrogWatch USA Data or your participation in or use of the FrogWatch USA citizen science program or the Fieldscope Site or web-based software platform. In no event shall AZA be liable for any claim, including, without limitation, claims by third parties,for losses or damages arising from any information contained in the FrogWatch USA Data (whether erroneous or not).

The FrogWatch USA Data contains information and data compiled and processed by AZA and third parties. AZA accepts no responsibility for the consequences of errors or omissions in the FrogWatch USA Data, for misuse of the FrogWatch USA Data by any person or entity, or for any damage done to computing systems into which the FrogWatch USA Data is entered (see Disclaimer in Section 10 above). If errors or omissions are identified, the user should notify AZA.

Miscellaneous

These Terms of Use constitute the entire agreement between you and AZA with respect to this website. Any claim arising out of or relating to this website or these Terms of Use will be settled by individual, binding arbitration in Washington DC in accordance with the commercial arbitration rules of the American Arbitration Association. These Terms of Use will be construed in accordance with the laws of the State of Maryland without regard to conflict-of-laws provisions. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be deemed severable from these Terms of Use and the remaining provisions will be enforced.