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PLEASE READ THESE TERMS OF USAGE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU
AGREE TO THESE TERMS OF USAGE. IF YOU DO NOT AGREE TO THESE TERMS OF USAGE, YOU MAY END THIS
AGREEMENT AT ANY TIME BY DISCONTINUING USE OF THIS SITE AND DELETING ALL MATERIAL RETRIEVED
FROM IT.
General
This site is owned and operated by The ZOO. The ZOO has the right at any time to change or
discontinue any aspect or feature of this site, including, without limitation, the content,
hours of availability, and equipment needed for access or use of this site.
Equipment
You shall be responsible for obtaining and maintaining all telephone, computer hardware and
other equipment needed for access to and use of this site and all charges related thereto.
Restrictions on Use
You shall use this site for lawful purposes only. You shall not post or transmit through this
site any material which:
Violates or infringes in any way upon the rights of others;
Is unlawful;
Is threatening;
Is abusive;
Is defamatory;
Is invasive of privacy or publicity rights;
Infringes upon copyright rights;
Is vulgar;
Is obscene;
Is profane, harassing or constitutes stalking;
Encourages conduct that would constitute a criminal offense;
Gives rise to civil liability or otherwise violates any law.
Any conduct by you that in The ZOO's discretion restricts or inhibits any other user from using
or enjoying this site will not be permitted. You shall not post or transmit through this site
any material which contains advertising for, or solicitation of, users to become subscribers of
some other gaming realm which is competitive with this site. No postings shall be displayed on
this site (free or otherwise) by competitors of The ZOO without prior written permission of Zoo
management. This site contains copyrighted material and other proprietary information,
including, without limitation, text, software, photos, video, graphics, and the contents of this
site are copyrighted under the United States copyright laws. You may not modify, publish, transmit,
display, participate in the transfer or sale of, create derivative works, or in any way exploit,
any of the content of this site, in whole or in part. You may download one copy of any copyrighted material
for your personal, non-commercial home use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication or commercial exploitation
of downloaded material will be permitted without the express written permission of The ZOO and
the copyright owner. In the event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution or copyright notice shall
be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted
material. You shall not upload, post or otherwise make available on this site any material
protected by copyright or other proprietary right without the express permission of the
copyright owner or other proprietary right owner and the burden of determining that any material is
not protected by copyright rests with you. You shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other harm resulting from such
a submission. By submitting material to a public area of this site, you automatically grant, or
warrant that the owner of such material has expressly granted The ZOO the royalty-free, worldwide,
perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
display, translate and distribute such material (in whole or in part) and/or to incorporate it in
other works in any form of media or technology now known or hereafter developed. You also permit
any other user of this site to access, view, store or reproduce the material for that user's
personal use. You grant The ZOO the right to edit, copy or display any material made available
on this site by you. The foregoing provisions are for the benefit of The ZOO, its affiliated
partners and its third party content providers and licensors and each shall have the right to
assert and enforce such provisions directly on its own behalf.
Disclaimer of Warranty-Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. NEITHER The ZOO, ITS AFFILIATED
PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE. THIS SITE IS PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THIS SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT The ZOO IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL The ZOO, OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN
CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS
OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE
THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF
AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL The ZOO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Indemnification
You agree that for any information that you place with The ZOO including but not limited to
advertising, that The ZOO is not responsible to indemnify you, defend you or hold you harmless
for any liability arising out of the advertising or advertising content supplied by you. You
specifically agree to indemnify, defend and hold harmless The ZOO against all claims or demands
by anyone for any loss, liability, action, claims, demands, injury, damage and/or expense arising
out of or resulting from the publication, production, broadcast or any other transmission of your
advertisement or content of your advertisement of whatever kind or nature, including but not
limited to claims for copyright infringement, trade-mark infringement, libel, slander or any
other claim that in any way arises out of the publication, production, broadcast or any other
transmission of the advertisement or advertising content. You agree that this indemnity agreement
will apply regardless of whether the claim or demand being made is based on the negligence or
gross negligence of The ZOO and regardless of whether the negligence is the sole, joint or
concurrent negligence of The ZOO's monitoring. The ZOO shall have the right, but not the
obligation or duty, to monitor the content of this site to determine compliance with these
conditions of use and any operating rules established by The ZOO and to satisfy any law,
regulation or authorized government request. The ZOO shall have the right in its sole
discretion to edit, refuse to post or remove any material submitted to or posted on this site.
Without limiting the foregoing, The ZOO shall have the right to remove any material that The
ZOO, in its sole discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
Miscellaneous
These terms of use constitute the entire agreement of the parties with respect to the subject
matter hereof and supersede all previous written or oral agreements between the parties with
respect to such subject matter. These terms of use shall be construed in accordance with the
laws of the State of South Carolina, without regard to its conflict of laws or rules. No waiver by
either party of any breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. The section headings used herein are for convenience only and
shall not be given any legal import.
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