Heal the Bay SEA Education

Any conduct by you that we conclude, in our sole discretion, restricts or inhibits any other user from using or enjoying the Online Services is prohibited. Further, any violation of system or network security may subject you to civil and/or criminal liability. 

SITE CONTENT 

The Online Services contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively " Heal the Bay Content") that are protected by copyrights, trademarks, or other proprietary and intellectual property rights. By using or accessing the Online Services, you acknowledge that these rights are valid and protected in all forms, media and technologies existing now or later developed. 

OUR INTELLECTUAL RIGHTS 

All Heal the Bay Content is copyrighted as a collective work under the U.S. copyright laws, and Heal the Bay owns a copyright in the selection, coordination, arrangement and enhancement of such Heal the Bay Content. © 2020 Heal the Bay, 1444 9th Street, Santa Monica, CA 90401, USA. All rights reserved. 

Many of Heal the Bay's trademarks appear or are used in connection with the Online Services. These trademarks include, without limitation: Heal the Bay Aquarium or Heal the Bay. You acknowledge that you may not use any of the Heal the Bay Marks for any purpose without our express written permission. 

We may make certain applications and other software available to you through the Online Services. If you download applications or other software from Thinkific, then these applications and/or software, including, without limitation, all files and images contained in or generated by the same, and all accompanying data (collectively, " Heal the Bay Apps"), are deemed to be licensed to you by the Heal the Bay on the following terms: We retain full and complete title to the Heal the Bay Apps, as well as all intellectual property rights therein, and you receive the limited right, under a perpetual, royalty-free, nontransferable license, to use any Heal the Bay App in the form, on the terms, and for the purposes that we make that Heal the Bay App available to you. Your use of Heal the Bay Apps is subject to all other terms of this Agreement. 

LIMITATIONS ON YOUR USE OF HEAL THE BAY CONTENT 

You may not modify, remove, delete, augment, add to, publish, transmit or participate in the transfer or sale of Heal the Bay Content. You may not create derivative works from, or in any way exploit any Heal the Bay Content, in whole or in part. You may not upload, post, reproduce or distribute in any way Heal the Bay Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. 

To the extent that we allow you, through the Online Services, to obtain and use copies of any Heal the Bay Content — including, but not limited to, photographs — we grant you a strictly limited, freely revocable, nontransferable, royalty-free license to use said Heal the Bay Content for private, non-commercial purposes by publishing, posting, or displaying it on your Facebook page. 

LINKS TO THIRD PARTY SITES 

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. 

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. 

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. 

Certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. 

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. 

Once you leave our course website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. 

CONTENT THAT YOU GENERATE 

When accessing or using the Online Services, you may have the opportunity to post, display, communicate, or otherwise disseminate ("Post") text, images, or other media that you create ("User Content"). You acknowledge that User Content that you Post to or via the Online Services constitutes a non-private communication. 

We do not review or screen User Content that you Post, and its presence should not be considered an endorsement by the Heal the Bay. We make no warranties or representations relating to the accuracy of any opinions, recommendations or other statements made by third parties who have provided User Content to the Online Services through a comment feature of the Online Services or by any other means. 

By Posting User Content to or via the Online Services, you thereby grant Heal the Bay a perpetual, royalty-free, non-exclusive, unrestricted license to use such User Content for any purpose, commercial or otherwise. 

OUR RIGHTS 

We may elect to electronically monitor the Online Services and may disclose any User Content, records, or electronic communication of any kind in accordance with our Privacy Policy. If notified of User Content that allegedly does not adhere to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Online Service. 

We may terminate your access, or suspend your access to all or part of the Online Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or us. 

YOUR COMMUNICATIONS TO US 

We would be pleased to hear from you regarding any comments or questions that you have about the Online Services. 

SUBMISSIONS 

We welcome your comments regarding content, products and services on the Online Services. We request that you be specific in your comments. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, images or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own, and you hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe. We shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish in the Online Services or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein. 

QUESTIONS AND REQUESTS 

Any questions regarding the terms of this Agreement or requests for permission to use materials on the Online Services for any commercial or personal purpose should be directed to: i[email protected]. 

DISCLAIMERS 

You expressly agree that use of the online services is at your sole risk. Neither we, nor our affiliates, any of our officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, "Providers"), warrant that the online services will be uninterrupted or error-free, nor do they make any warranty as to the results that may be obtained from the use of the online services or as to the accuracy, reliability, or currency of any information, content, service or merchandise provided through the online services. 

The online services are provided on an "As-is," "As-available" basis and we specifically disclaim warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral advice or written information given by us nor any other provider shall create a warranty. 

LIMITATION OF LIABILITY 

Under no circumstances shall we or any other party involved in creating, producing or distributing the online services be liable for any direct, indirect, incidental, special or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (I) the use of or inability to use the online services, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the online services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the online services; or (v) any other matter relating to the online services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the online services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such state's liability is limited to the fullest extent permitted by law. 

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you transmit through the Online Services, your use of the Online Services, your connection to the Online Services, your violation of this Agreement, or your violation of others' rights. 

CALIFORNIA USE ONLY 

We control and operate the Online Services from within the State of California. We make no representation that any of the content or services to which you have been given access through the Online Services are available or appropriate for use in other locations. Those who choose to access the Online Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Your use of or access to the Online Services should not be construed as Heal the Bay's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. 

APPLICABLE LAW 

Any claim relating to the Online Services shall be governed by the internal laws of the state of California, without reference to its choice of law provisions. Venue for any legal action relating to the products and services provided through the Online Services or the Content shall be Los Angeles County, California.