WE ARE OPEN

UPDATE – March 5, 2021

The City of Sarasota and Sarasota County have rescinded their ordinance requiring face masks or coverings in public places. However, at Sarasota Jungle Gardens we are still encouraging those who visit to wear face coverings in any indoor areas of our facility to help curb the spread of Covid 19. While we recognize that it is a personal choice and not a mandated one, we continue to encourage personal responsibility for the public health benefit. As vaccines are made more widely available and we receive customer feedback we will revisit this position. The following is what you can expect.

Face coverings will be recommended for all SJG adult visitors while indoors. Children under 18 are specifically excluded and will not be required to wear face coverings. Guests are encouraged to bring their own covering, but we will provide one to those who do not have one at no charge.
As an 90% outdoor facility, with more than 10 acres of space there are many ways to social distance. However, in areas that are potentially more crowded (i.e., show areas), face coverings are strongly recommended even while outdoors. We will make announcements periodically to remind guests.
Guests are encouraged to purchase their admission tickets online via our website - sarasotajunglegardens.com for contactless transactions.
All our employees will always wear face coverings, whether indoor or outdoor, when closely interacting with guests.
If anyone is sick, or believe they have been exposed to Covid 19, please do not visit SJG until you have been cleared by a medical professional. As always it remains a personal decision whether to visit any public area where exposure risks to any illness may exist.

We are encouraged by the progress made in dealing with the pandemic. We remain confident we will get through this. We welcome your feedback. Additionally, we continue to ask for your support by volunteering, visiting, and donating. This next year will continue to be critical for the success of the Jungle Gardens.

Our GoFundme is: https://bit.ly/2K2gQMa

Our Amazon Wishlist is: https://amzn.to/3e9YG8q

Thank you in advance!

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Terms of Use

Terms of Use

Last Modified: July 2020

Article 1: Acceptance of the Terms of Use

These Terms of Use (these “Terms”) are agreed to by the user (“you”) of any website, social media account, or other online property (each, a “Website”) operated by Sarasota Jungle Gardens Inc, a Florida corporation (“Company”) (including, without limitation, Company’s Website located at sarasotajunglegardens.com (the “Company Website”)). These Terms, together with any other terms and policies applicable to a Website (all of such terms and policies that apply to the applicable Website, together with these Terms, the “Applicable Terms”), which are hereby incorporated into these Terms, govern your access to and use of such Website, including any content, functionality, and services offered on or through such Website, whether as a guest or registered user.

Please read these Terms carefully before you start to use a Website. By using a Website or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Websites.

The Websites are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using a Website, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.

Article 2: Changes to these terms

Company may revise and update these Terms from time to time in Company’s sole discretion. All changes are effective immediately when Company posts them and apply to all access to and use of a Website thereafter.

Your continued use of a Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Article 3: Accessing a Website and Account Security

Company reserves the right to withdraw or amend a Website, and any service or material Company provides on a Website, in Company’s sole discretion without notice. Company will not be liable if for any reason all or any part of a Website is unavailable at any time or for any period. From time to time, Company may restrict access to some parts of a Website, or an entire Website, to users, including registered users.

You are responsible for:

(a) making all arrangements necessary for you to have access to a Website and

(b) ensuring that all persons who access a Website through your internet connection are aware of these Terms and comply with them.

To access a Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of a Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to Company on or through a Website, including but not limited to through the use of any interactive features on the Website, is governed by the Privacy Policy found at [LINK TO PRIVACY POLICY] (the “Privacy Policy”), which is hereby incorporated into these Terms, and you consent to all actions taken with respect to your information consistent with the Privacy Policy[1].

If you choose, or are provided with, a username, password, or any other piece of information as part of a Website’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to a Website or portions of it using your username, password, or other security information. You agree to notify Company immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Company has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Company, at any time in Company’s sole discretion for any or no reason, including if, in Company’s opinion, you have violated any provision of the Applicable Terms.

Article 4: Our Intellectual Property Rights

The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio and the design, selection, and arrangement thereof) are owned by Company, its affiliates, its licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights laws.

These Terms permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on a Website, except as follows:

(a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

(b) you may store files that are automatically cached by your web browser for display enhancement purposes;

(c) you may print or download one copy of a reasonable number of pages of a Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;

(d) if Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the end user license agreement for such applications;

(e) if Company provides social media features with certain content, you may take such actions as are enabled by such features; and

(f) as otherwise explicitly allowed by these Terms or any other Applicable Term.

You must not:

(i) modify copies of any materials from a Website;

(ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or

(iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from a Website.

Except as explicitly allowed by these Terms or any other Applicable Term, you must not access or use for any commercial purposes any part of a Website or any services or materials available through a Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of a Website in breach of these Terms, your right to use the Websites will cease immediately and you must, at Company’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to a Website or any content on a Website is transferred to you, and all rights not expressly granted are reserved. Any use of a Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Article 5: Trademarks

All names, logos, product and service names, designs, and slogans related to Company’s name, branding, products, and services are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.

Article 6: User conTent

A Website may permit users to post, submit, publish, display, or transmit to other users or other persons (“collectively, “Post”), or Company may seek permission from users to Post on a Website, content or materials provided by a user (collectively, "User Content") (including through message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, or other interactive features). The User-Generated Content Policy found at __________________ (the “UGC Policy”), which is hereby incorporated into these Terms, governs the Posting of your User Content (whether by you or Company).

Article 7: Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with the Applicable Terms. You agree not to use any Website:

(a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

(b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

(c) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in the UGC Policy[2];

(d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;

(e) to impersonate or attempt to impersonate Company, a current or past Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or

(f) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of a Website, or which, as determined by Company, may harm Company or users of a Website or expose them to liability.

Additionally, you agree not to:

(i) use a Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of a Website, including their ability to engage in real time activities through a Website;

(ii) use any robot, spider, or other automatic device, process, or means to access a Website for any purpose, including monitoring or copying any of the material on a Website;

(iii) use any manual process to monitor or copy any of the material on a Website, or for any other purpose not expressly authorized in the Applicable Terms, without Company’s prior written consent;

(iv) use any device, software, or routine that interferes with the proper working of a Website;

(v) introduce any harmful content such as malware, viruses, trojan horses, worms, logic bombs, time bombs, or other material that is malicious or technologically harmful;

(vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of a Website, the server on which a Website is stored, or any server, computer, or database connected to a Website;

(vii) attack a Website via a denial-of-service attack or a distributed denial-of-service attack; or

(viii) otherwise attempt to interfere with the proper working of a Website.

Article 8: Reliance on Information Posted

The information presented by Company on or through a Website is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to a Website or by anyone who may be informed of any of its contents.

A Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in those materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Company. Company is not responsible, or liable to you or any third party, in any way for the content or accuracy of any materials provided by any third parties.

Article 9: Changes to A Website

Company may update the content on a Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on a Website may be out of date at any given time, and Company is under no obligation to update such material.

Article 10: Information About You and Your Visits to A Website

All information Company collects on the Websites is subject to the Privacy Policy[3]. By using a Website, you consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy[4].

Article 11: Linking to a Website and social media features

You may link to a Website, provided you do so in a way that is fair and legal and does not damage Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Company’s part without Company’s express written consent.

A Website may provide certain social media features that enable you to:

(a) link from your own or certain third-party websites to certain content on a Website or

(b) send emails or other communications with certain content, or links to certain content, on a Website.

You may use these features solely as they are provided by Company, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions Company provides with respect to such features. Subject to the foregoing, you must not:

(i) cause a Website or portions of it to be displayed on, or appear to be displayed by, any other site (for example, framing, deep linking, or in-line linking);

(ii) link to any part of a Website other than the homepage; or

(iii) otherwise take any action with respect to the materials on a Website that is inconsistent with any other provision of the Applicable Terms.

The site from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the UGC Policy.[5]

You agree to cooperate with Company in causing any unauthorized framing or linking immediately to stop. Company reserves the right to withdraw linking permission without notice.

Company may disable all or any social media features and any links at any time without notice in its discretion.

Article 12: Links from a Website

If Company provides links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to a Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Article 13: Geographic Restrictions

Company is based in the State of Florida in the United States. Company provides the Websites for use only by persons located in the United States. Company makes no claims that a Website or any of its content is accessible or appropriate outside of the United States. Access to a Website may not be legal by certain persons or in certain countries. If you access a Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Article 14: Disclaimer of Warranties

You understand that Company cannot and does not guarantee or warrant that files available for downloading from the internet or a Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to a Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER Company NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF A WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF A WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT EXPLICITLY PROVIDED IN ANY APPLICABLE TERM, The WEBSITEs, their CONTENTs, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITEs ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Company NOR ANY PERSON OR ENTITY ASSOCIATED WITH Company MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITEs. WITHOUT LIMITING THE FOREGOING, EXCEPT TO THE EXTENT PROVIDED IN ANY APPLICABLE TERM, NEITHER Company NOR ANY PERSON OR ENTITY ASSOCIATED WITH Company REPRESENTS OR WARRANTS THAT THE WEBSITEs, their CONTENTs, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITEs WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITEs OR THE SERVERs THAT MAKE them AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITEs OR ANY SERVICES OR ITEMS OBTAINED THROUGH them WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, AND EXCEPT TO THE EXTENT EXPLICITLY PROVIDED IN ANY APPLICABLE TERM, ALL WARRANTIES OF ANY KIND ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Article 15: Limitation on Liability

EXCEPT TO THE EXTENT EXPLICITLY PROVIDED IN ANY APPLICABLE TERM, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Company, ITS AFFILIATES, OR ANY LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF THE FOREGOING BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, A WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON A WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Article 16: Indemnification

You agree to defend, indemnify, and hold harmless Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your violation of any Applicable Term (including these Terms) or your use of a Website, including, but not limited to, your User Content; any use of a Website's content, services, or products other than as expressly authorized in these Terms or any other Applicable Term; or your use of any information obtained from a Website.

Article 17: Governing Law

All matters relating to the Websites and any Applicable Term (including these Terms), and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Article 18: Jurisdiction

Any legal suit, action, or proceeding arising out of, or related to, any Applicable Term (including these Terms) or any Website shall be instituted and maintained exclusively in the state or federal courts located in or for the City of Sarasota, Florida, although Company retains the right to bring any suit, action, or proceeding against you in your country or state of residence or any other relevant country or state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Article 19: Limitation on Time to File Claims

TO THE FULLEST EXTENT PROVIDED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST COMPANY ARISING OUT OF OR RELATING TO THESE TERMS (OR ANY OTHER APPLICABLE TERM) OR ANY WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Article 20: Waiver and Severability

No waiver by Company of any term or condition set forth in these Terms or any other Applicable Term shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms or any other Applicable Term shall not constitute a waiver of such right or provision.

If any provision of these Terms or any other Applicable Term is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, a suitable and equitable provision will be substituted therefor to carry out the original intent as closely as possible, and the remaining provisions of these Terms and the Applicable Terms will continue in full force and effect.

Article 21: Entire Agreement

These Terms, together with any other documents expressly incorporated herein, constitute the sole and entire agreement between you and Company with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Websites.

Article 22: Your Comments and Concerns

Company is located at 3701 Bay Shore Road, Sarasota, Florida 34234.

All other feedback, comments, requests for technical support, and other communications to Company relating to any Website should be directed to marketing@SarasotaJungleGardens.com.

5252510.v4

[1] This should link to the Privacy Policy.

[2] This should link to the UGC Policy.

[3] This should link to the Privacy Policy.

[4] This should link to the Privacy Policy.

[5] This should link to the UGC Policy.

Privacy Policy

Privacy Policy

Last modified: July 2020

NOTE: THIS WEBSITE IS INTENDED ONLY FOR USE BY INDIVIDUALS WITHIN THE UNITED STATES. IF YOU ARE NOT LOCATED WITHIN THE UNITED STATES, PLEASE REFRAIN FROM SENDING ANY PERSONAL INFORMATION UNTIL YOU ARE LOCATED WITHIN THE UNITED STATES.

Article 1: Introduction

Sarasota Jungle Gardens Inc, a Florida corporation (“Company”), respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information that may be collected by, or that you may provide to, Company or its affiliates (collectively, “we” or “us”) when you visit or interact with any website, social media account, or other online property operated by Company (each, a "Website") (including, without limitation, Company’s Websites located at sarasotajunglegardens.com (the “Company Website”), sarasotazoo.com, sarasotazoo.net, and sarasotazoo.org) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy only applies to information collected on or through a Website. It does not apply to information collected by us offline or by us or any third parties through any other means, including on any other website or through any other application or content (including advertising) that may link to or be accessible from or on a Website. These other websites, applications, or content and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them. For more information about third parties, see “Third Parties; Use of Cookies or other Tracking Technologies”.

Please read this policy carefully to understand our policies and practices regarding information and how it will be treated. If you do not agree with our policies and practices, your choice is to not use the Websites, to not provide the relevant information, or to contact us at marketing@SarasotaJungleGardens.com or (941) 355-5305. For more information, see “Choices About How We Collect, Use, and Disclose Your Information”. By accessing or using a Website, you agree to this privacy policy. This policy may change from time to time (see “Changes to Our Privacy Policy”). Your continued use of a Website after we make changes is deemed to be acceptance of those changes, so please check this policy periodically for updates.

Article 2: Children Under the Age of 18

The Websites are not intended for children under 18 years of age. No one under age 18 may provide any information to or on a Website, and no information about children under 18 should be provided to a Website. We do not knowingly collect personal information from children under 18 on a Website. If you are under 18, do not use or provide any information on a Website or on or through any of their features, register on a Website, make any purchases through a Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from or about a child under 18 without verification of parental consent, we will delete that information. If you believe we might have improperly collected any information from or about a child under 18, please contact us at marketing@SarasotaJungleGardens.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “Your California Privacy Rights” for more information.

Article 3: Information We Collect and How We Collect It

We may collect information:

(A) directly from you when you provide it to us; and

(B) automatically as you navigate through a Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.

This may include information:

(i) by which a person may be personally identified, such as name, e-mail address, phone number, credit card payment information, or a photograph ("personal information");

(ii) that is about a person but does not individually identify, such as ages and allergy information; and

(iii) about the internet connection and equipment used to access a Website and usage details.

If you do not want us to collect this information, you should not use the Websites, should not provide the relevant information, or should contact us at marketing@SarasotaJungleGardens.com or (941) 355-5305. For more information, see “Choices About How We Collect, Use, and Disclose Your Information”.

(a) Information You Provide to Us. This information may include information that you provide by filling in forms when making bookings or buying products. You also may provide information or content (collectively, “User Content”) to be posted, submitted, published, displayed, or transmitted to other users or other persons (“Posted”) on or through a Website. Your User Content is Posted at your own risk. We cannot control the actions of others with or to whom User Content may be shared.

(b) Information Collected Through Automatic Data Collection Technologies. As you navigate through and interact with Websites, we or our third-party service providers may use automatic data collection technologies to collect certain information about equipment, browsing actions, and patterns. This information may include:

(i) Usage Details. Details of visits to a Website, including traffic data, logs, and other communication data and the resources that you access and use on a Website.

(ii) Device Information. Information about the computer and internet connection used to access the Website, including device information, IP address, operating system, and browser type.

The technologies used for automatic data collection may include cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of a Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you direct your browser to a Website. To learn more about refusing cookies, see “Choices About How We Collect, Use, and Disclose Your Information”.

Article 4: Third PartIES; Use of Cookies and Other Tracking Technologies.

Some content, applications, or services, including advertisements, on the Company Website may be served by third parties, including advertisers, ad networks and servers, content providers, service providers, and application providers. These third parties may change from time to time, but may include the following:

(a) Facebook Inc. (“Facebook”) – We use Facebook to better understand how you engage with this Website. Facebook’s Data Policy is currently available at https://www.facebook.com/policy.php.

(b) Google LLC (“Google”) – We use Google Analytics to better understand how you engage with this Website. For more information about how Google collects and processes data, please visit the site "How Google uses data when you use our partners' sites or apps", which is currently available at https://policies.google.com/technologies/partner-sites.

(c) SurveyMonkey Inc. (“SurveyMonkey”) – We use SurveyMonkey to better understand how you engage with this Website. SurveyMonkey’s Privacy Policy is currently available at https://www.surveymonkey.com/mp/legal/privacy-policy/?ut_source=sem_lp&ut_source2=sem&ut_source3=footer&ut_ctatext=Privacy%20Policy.

(d) GoDaddy.com, LLC (“GoDaddy”) – GoDaddy hosts this Website. GoDaddy’s Privacy Policy is currently available at https://www.godaddy.com/legal/agreements/privacy-policy?.

(e) FareHarbor Holdings LLC (“FareHarbor”) – We use FareHarbor to process all payments through the Website. FareHarbor’s Privacy Policy is currently available at https://fareharbor.com/legal/privacy/.

(f) accessiBe LTD. (“accessiBe”) – We use accessiBe to make our website accessible for those with disabilities. For additional information about how accessiBe treats your information, please contact them at hello@accessibe.com.

(g) Webtivity Design Solutions of the Suncoast, Inc. (“Webtivity”) – We use Webtivity as our e-mail vendor. Webtivity’s Privacy Policy is currently available at https://www.webtivitydesigns.com/company-information/privacy-policy.aspx.

(h) The Rocket Science Group LLC d/b/a MailChimp (“MailChimp”) – We use MailChimp for marketing and outreach. MailChimp’s Privacy Policy is currently available at https://mailchimp.com/legal/privacy/.

We endeavor to keep this Privacy Policy up to date, but the third parties that serve the Company Website may change, or may change their privacy policies, without notice. If you have questions about which third parties may have access to information through your access to or use of a Website at any given time, you may contact us at marketing@SarasotaJungleGardens.com for more information.

A Website may also link to websites of our third-party partners or service providers or other third parties. In addition, while we may operate the Websites, ultimate control of Websites may be exerted by third parties, including Facebook (https://www.facebook.com/policy.php) and Google (https://policies.google.com/privacy).

Third parties may collect, receive, use, store, or transmit information you provide on a Website or their website, or use cookies (alone or in conjunction with web beacons) or other tracking technologies to collect information, including information about your use of a Website or their website; information associated with personal information; or information, including personal information, about your online activities over time and across different websites, apps, and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control third parties or how they may collect, receive, use, store, or transmit information. For more information on a third party’s practices, please refer to such third party’s applicable privacy policies, terms of use, end user license agreements, or similar disclosures, which may be available from the third party’s applicable website or by contacting the third party for more information. If you have any questions about a third party’s practices, you should contact the responsible party directly.

For information about how you can opt out of receiving targeted advertising from many providers, see “Choices About How We Collect, Use, and Disclose Information”.

Article 5: “Do-Not-Track” Requests

Some operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. Furthermore, we do not track users over time and across third party websites to provide targeted advertising. As such, the Company Website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.

However, some third-party service providers may keep track of your activities when they serve you content, which enables them to tailor what they present to you. To determine whether any third parties honor DNT requests, please read their privacy policies or contact the third parties directly. For more information about these third-party services, see “Third Parties; Use of Cookies or other Tracking Technologies”. For more information about “do not track,” visit www.allaboutdnt.org.

Article 6: How We Use Information

We may use information collected or that you provide, including any personal information:

(a) to present a Website and its contents to you;

(b) to provide you with information, products, or services that you request;

(c) to fulfill any other purpose for which you provide it;

(d) to carry out our obligations and exercise and enforce our rights arising from any contracts, including Company’s Terms of Use, User-Generated Content Policy,[1] and for billing and collection purposes;

(e) to notify about changes to a Website or any products or services offered or provided though it;

(f) to allow participation in interactive features on a Website;

(g) in any other way we may describe when you provide the information; and

(h) for any other purpose with your consent.

We may also use information to contact about our own and our affiliates’ goods and services that may be of interest. If you do not want us to use your information in this way, do not provide your contact information through this Website or contact us at marketing@SarasotaJungleGardens.com or (941) 355-5305. For more information, see “Choices About How We Collect, Use, and Disclose Your Information”.

The usage and device information we collect may help us to improve a Website and to deliver a better and more personalized service, including by enabling us to:

(i) estimate our audience size and usage patterns;

(ii) store information about your preferences, allowing us to customize a Website according to your individual interests;

(iii) speed up your searches;

(iv) recognize you when you return to a Website; and

(v) decide on adwords and other items related to search engine optimization, including for keywords and URL structure.

Article 7: Disclosure of Information

We may disclose aggregated information about our users and information that does not identify any individual without restriction.

We may disclose personal information that we collect or you provide:

(a) to our subsidiaries and affiliates;

(b) to contractors, service providers, and other third parties we use to support our business;

(c) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s or one or more of its affiliate’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information about a Website’s users is among the assets transferred;

(d) to fulfill the purpose for which you provide it;

(e) for any other purpose disclosed by us when you provide the information; and

(f) with your consent.

We may also disclose personal information:

(i) to comply with any court order, law, or legal process, including to respond to any government or regulatory request;

(ii) to exercise, enforce, and apply our rights arising from any contracts, including Company’s Terms of Use, User-Generated Content Policy,^[2] and other agreements, and for billing and collection purposes; and

(iii) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, its affiliates, customers of the foregoing, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Article 8: Choices About How We Collect, Use, and Disclose Information

We strive to provide you with choices regarding the personal information you provide to us. The following mechanisms provide you with control over your information:

(a) Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

(b) Promotional Offers. If you do not want us to use information to promote our own or our affiliates’ products or services, you can opt-out by contacting us at marketing@SarasotaJungleGardens.com or (941) 355-5305. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to communications related to a product purchase, warranty registration, product service experience, or other transaction.

We do not control third parties' collection, receipt, use, storage, or transmission of your information. However, these third parties may provide you with ways to choose to not have your information collected or used in certain ways. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on NAI's website, which is currently located at http://optout.networkadvertising.org/?c=1#!/. For more information about third-party services, see “Third Parties; Use of Cookies or other Tracking Technologies”.

California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” for more information.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to marketing@SarasotaJungleGardens.com.

Article 9: Accessing and Correcting Information

You can review and change information by visiting your account profile page or emailing us at marketing@SarasotaJungleGardens.com. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Content from a Website, copies may remain viewable in cached and archived pages or might have been copied or stored by other Website viewers. Proper access and use of information provided on Websites, including User Content, is governed by our Terms of Use and User-Generated Content Policy.[3]

California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” for more information.

Article 10: Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of personal information.

California’s “Shine the Light” law (Civil Code Section 1798.83) may permit users of a Website that are California residents to request certain information regarding disclosures of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to marketing@SarasotaJungleGardens.com or write us at 3701 Bay Shore Road, Sarasota, FL 34234.

Article 11: Data Security

We have implemented reasonable measures designed to secure personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of a Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of Websites. The information you share in public areas may be viewed by any user of a Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect personal information, we cannot guarantee the security of personal information transmitted to this Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on a Website.

Article 12: Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat users' personal information, we will post a notice on the Company Website’s home page that the privacy policy has been updated. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting the Company Website and this privacy policy to check for any changes.

Article 13: Contact Information

To ask questions or comment about this privacy policy or our privacy practices, contact us at:

Sarasota Jungle Gardens, Inc.

3701 Bay Shore Road

Sarasota, FL 34234

marketing@SarasotaJungleGardens.com

5412637.v3

[1] These should each link to the applicable Policies.

[2] These should each link to the applicable Policies.

[3] These should each link to the applicable Policy.

User-Generated Content Policy

User-Generated Content Policy

Last Modified: July 2020

Sarasota Jungle Gardens Inc, a Florida corporation (“Company”), operates a website at sarasotajunglegardens.com (the “Website”) along with accounts on social media and other online properties (collectively, together with the Website, the “Sites”). A Site may permit users to post, submit, publish, display, or transmit to other users or other persons (“collectively, “Post”), or Company may seek permission from users to Post on a Site, content or materials provided by a user (collectively, "User Content") (including through message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, or other interactive features (collectively, "Interactive Services")). This User-Generated Content Policy (this “Policy”), together with any terms or other policies that apply to the Site on which you Post your User Content or for which you approve Company to Post your User Content (including, without limitation, as it relates to the Website, the Terms of Use[1] and the documents incorporated therein) (all of such terms and policies that apply to the applicable Site, together with this Policy, the “Applicable Terms”), which are hereby incorporated into this Policy, govern your access to and use of the Sites and the Posting of your User Content (whether by you or Company).

Article 1: User conTent

All User Content must comply with the Content Standards set out herein.

All User Content will be considered non-confidential. By providing any User Content to a Site, or approving Company’s Posting of your User Content to a Site, you grant Company, its affiliates, and its service providers, and each of its and their respective licensees, successors, and assigns, a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

(a) you own or control all rights in and to your User Content and have the right to grant the license granted above; and

(b) all of your User Content does and will comply with the Applicable Terms.

You understand and acknowledge that you are responsible for all of your User Content and that you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Company is not responsible, or liable to you or any third party, in any way for any User Content provided by you or any other user.

Article 2: Monitoring and Enforcement; Termination

Company has the right to:

(a) remove or refuse to Post any User Content for any or no reason in its sole discretion;

(b) take any action with respect to any User Content that it deems necessary or appropriate in its sole discretion, including if Company believes that such User Content violates the Applicable Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of a Site or the public, or could create liability for Company;

(c) disclose your identity or other information about you to any third party who claims that your User Content violates their rights, including their intellectual property rights or their right to privacy;

(d) take appropriate legal action (including, without limitation, referral to law enforcement) for any illegal or unauthorized use of a Site; and

(e) terminate, suspend, or block your access to all or part of a Site for any or no reason (including, without limitation, any violation of the Applicable Terms).

Without limiting the foregoing, Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone providing User Content. YOU WAIVE AND HOLD HARMLESS Company AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, Company does not undertake to review all material before it is Posted on the Sites and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Article 3: Content Standards

These content standards apply to any and all User Content and use of Interactive Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

(a) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

(b) contain confidential or proprietary information of any other person;

(c) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Applicable Terms;

(d) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or unlawful;

(e) contain any material which has the purpose or effect of creating an intimidating or hostile environment;

(f) contain ethnic slurs or personal insults;

(g) contain harmful content such as malware, viruses, trojan horses, worms, logic bombs, time bombs, or other material that is malicious or technologically harmful;

(h) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

(i) be likely to deceive any person;

(j) promote any illegal activity or advocate, promote, or assist any unlawful act;

(k) promote any activity that could lead to an unsafe situation involving Company, its consumers, or other individuals;

(l) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

(m) impersonate any person or misrepresent your identity or affiliation with any person or organization;

(n) involve commercial activities or sales, such as contests, sweepstakes, or other sales promotions, barter, or advertising; or

(o) give the impression that it emanates from or is endorsed by Company or any other person or entity, if this is not the case.

Article 4: Reporting Claims of Copyright Infringement

Company takes claims of copyright infringement seriously. Company will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from a Site infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to the DMCA Agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

(a) your physical or electronic signature;

(b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;

(c) identification of the material you believe to be infringing in a sufficiently precise manner to allow Company to locate that material;

(d) adequate information by which Company can contact you (including your name, postal address, telephone number, and, if available, email address);

(e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

(f) a statement that the information in the written notice is accurate; and

(g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is (“DMCA Agent”):

[FIRST AND LAST NAME OF AGENT]
[NAME OF AGENT'S ORGANIZATION]
[PHYSICAL MAIL ADDRESS OF AGENT]
[TELEPHONE NUMBER OF AGENT]
[EMAIL ADDRESS OF AGENT FOR THIS PURPOSE]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on a Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Article 5: Counter-Notification Procedures

If you believe that your User Content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification (a "Counter-Notice") by submitting written notification to the DMCA Agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

(a) your physical or electronic signature;

(b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

(c) adequate information by which Company can contact you (including your name, postal address, telephone number, and, if available, email address);

(d) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

(e) a statement that you will consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if you reside outside the United States, for any judicial district in which the applicable Site may be found) and that you will accept service from the person (or an agent of that person) who provided the complaint at issue.

Our designated agent to receive Counter-Notices is the DMCA Agent listed above.

The DMCA allows Company to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on a Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Article 6: Repeat Infringers

It is Company’s policy in appropriate circumstances to disable, block, or terminate the accounts of users who are repeat infringers of this Policy (including, without limitation, with regard to allegations of copyright infringement).

Article 7: Indemnification

You agree to defend, indemnify, and hold harmless Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Applicable Terms, your use of a Site, or any of your User Content.

Article 8: Governing Law

All matters relating to this Policy, your User Content, and any dispute or claim arising from or related to any of the foregoing (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Article 9: Jurisdiction

Any legal suit, action, or proceeding arising out of, or related to, this Policy or your User Content that is brought outside of arbitration shall be instituted and maintained exclusively in the state or federal courts located in or for the City of Sarasota, Florida, although Company retains the right to bring any suit, action, or proceeding against you in your country or state of residence or any other relevant country or state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Article 10: Limitation on Time to File Claims

TO THE FULLEST EXTENT PROVIDED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST COMPANY ARISING OUT OF OR RELATING ANY APPLICABLE TERM (INCLUDING THIS POLICY) OR ANY SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Article 11: Waiver and Severability

No waiver by Company of any term or condition set forth in this Policy or any other Applicable Term shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under this Policy or any other Applicable Term shall not constitute a waiver of such right or provision.

If any provision of this Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, a suitable and equitable provision will be substituted therefor to carry out the original intent as closely as possible, and the remaining provisions of this Policy will continue in full force and effect.

[1] This should link to the Terms of Use.

(941) 355-5305

3701 Bay Shore Road, Sarasota, FL 34234

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