COMING TO SAN DIEGO JUNE 2025
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Terms of Use

Last Modified: November 12, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between you and/or your guests (collectively, “you,” “your”) and Popular Biology, Inc. (including Mañanaland LLC and our other corporate affiliates, collectively, “Glowing Oceans,” “we,” “our” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access, attendance, presence, and entry into any Glowing Oceans event, location, and/or exhibition, as well as your use of www.glowingoceans.com and any other online service that posts a link to these Terms of Use, including any content, functionality and services offered on or made available to you through www.glowingoceans.com (the “Website”), whether as a guest or a registered user, including, without limitation, the purchase of Glowing Oceans products or attendance of Glowing Oceans events, including interactive experiences or exhibitions (collectively, the “Services”).

In some instances, including but not limited to attendance of events or purchasing of Tickets, both these Terms of Use and separate terms elsewhere on the Services will apply to your use of the Services (“Additional Terms”). All such Additional Terms are hereby incorporated by this reference into these Terms of Use as if set forth herein in their entirety.

Please read the Terms of Use carefully before you start to use the Services. These Terms of Use contain clauses that, among other things, impact your rights with respect to how to resolve disputes with Glowing Oceans. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.glowingoceans.com/privacypolicy, incorporated herein by reference as if set forth herein in its entirety. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Glowing Oceans and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services and must let your parent or guardian know about the Terms of Use, the Privacy Policy and any Additional Terms before accessing or using the Services and must have obtained parental or guardian consent to do so and represent and warrant that you have done so. If you are under the age of 16, in addition to obtaining parental or guardian consent to access or use the Services, you must also be accompanied by a parent or guardian when attending a Glowing Oceans event in person.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and your continued use of the Services, this Website or any of our other websites following the posting of revised Terms of Use shall signify that you accept and agree to be bound by the changes. You are expected to check this page often so you are aware of any changes, as they are binding on you.

Account Security

To access the Services or our offerings, you may be asked to provide certain registration details or other information, including name, age, address, and other information. It is a condition of your use of the Services that all the information you provide in connection with the Services is correct, current, and complete. You agree that all information you provide to register with or attend the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. 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.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, and/or account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or any Additional Terms.

Tickets, Refunds and Exchanges

Glowing Oceans may host events or exhibitions in connection with the Services. In order to access such events or exhibitions, you and your guest(s), if any, must have valid tickets for admission (the “Tickets”). Tickets may be purchased by you and your guest(s) or gifted to you and your guest(s). All Ticket prices are listed in U.S. dollars and are subject to change in our sole discretion. A Ticket is only valid for the specific date and time listed on such Ticket. Tickets, whether purchased from Glowing Oceans or a third party, are non-refundable. We reserve the right to cancel Tickets at any time without notice. 

You may reschedule Ticket dates and times up to two (2) hours before the scheduled date and time of your visit. You are responsible for the difference in Ticket price if you change to a date or time with a higher Ticket price. No refund or credit is given for changes from dates with higher costs to dates with lower prices. We do not offer exchanges in the form of credit, and we do not guarantee the availability of exchanges. Any decisions or determinations made regarding Tickets, including but not limited to withdrawal or refusal of access, shall be made in our sole discretion without notice and are final, binding, and non-appealable.

Accessing the Services

We reserve the right to withdraw, refuse access to or amend the Services, and any service, content, or material we provide as part of the Services, including any products we may make available to you for purchase, in our sole discretion without notice and are final, binding, and non-appealable. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entirety of the Services, to users, including registered users or users with valid Tickets. While we make reasonable efforts to provide you with accurate pricing and availability information for the Services, including products and Tickets, all prices and availability of products and Tickets are subject to change without notice. 

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

Accessibility

We are committed to making our Services as accessible and usable for people with disabilities as is reasonably practicable. While we will do our best to accommodate all guests, there are certain portions of the Services that may not be safely accessible to all persons. Our Services have periods of darkness and are water-based, such that there is a strong possibility that you will come into contact with water in low light settings. If you are visually impaired, are pregnant, have sensory issues or have certain other disabilities, you may be subject to increased risks while using some or all of the Services. If you utilize a wheelchair, cane, walker, crutches, electric convenience vehicle (“ECVs”), or similar assistive device, we offer a version of the Services that is tailored to your safety and accessibility. 

Additionally, a service animal (as defined by the Americans with Disabilities Act) may access the Services along with its handler. All service animals must (a) be housebroken, (b) remain on a leash or harness and (c) remain under the control of their handler at all times. If a service animal demonstrates aggressive behavior towards a member of our team or other guests, you will be directed to remove the service animal from the Services. While service animals are welcome in most areas of the Services, some areas are not designed for accessibility to service animals and will require a member of your party to be available to stay with your service animal while you and/or your guests visit those areas.
 
In order to make our Website more accessible, we will, over time, implement relevant portions of the Level A standards of W3C’S Web Accessibility Initiative’s Web Content: Accessibility Guidelines. If you have questions or concerns about the accessibility of our Website or a particular page of our Website, please contact us at legal@glowingoceans.com, and please specify the web page URL in your email. 

Intellectual Property Rights

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

These Terms of Use permit you to use the Services 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 contained on or in the Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your internet browser for display enhancement purposes.
  • You may print copies of a reasonable number of pages of the Services, including your ticket and/or order confirmation, for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide 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 our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.


You must not:

  • Modify copies of any materials from this Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, or without our prior written consent.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.


You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you wish to make any use of material in the Services other than as set forth in these Terms of Use, please address your request to legal@glowingoceans.com. Glowing Oceans reserves the right to, in its sole discretion, deny any such request for any reason.

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

Glowing Oceans name, the terms Glowing Oceans, A Bioverse of Wonder, and all related names, logos, product and service names, designs and slogans are trademarks or pending trademarks of Glowing Oceans or its affiliates or licensors. You must not use such marks without the prior written permission of Glowing Oceans. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Website Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any information for any or no reason in our sole discretion.
  • Take any action that we deem necessary or appropriate in our sole discretion, including if we believe your usage of the Services violates these Terms of Use, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Glowing Oceans.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS GLOWING OCEANS 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 EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on our Website or in connection with the Services, and cannot ensure prompt removal of any objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented in, on or through the Services is made available solely for general information purposes. Occasionally, the information presented in, on or though the Services may contain typographical errors, omissions, or inaccuracies. Glowing Oceans reserves the right to, but is not obligated to, correct such errors, omissions, or inaccuracies without prior notice. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our 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 our part without our express written consent.

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Services.
  • Send e-mails or other communications with certain content, or links to certain content, on the Services.
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.


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

  • Establish a link from any website that is not owned by you.
  • Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other Website.
  • Link to any part of the Services other than the homepage.
  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.


The Services 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 these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

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

Third Parties

You agree and acknowledge that Glowing Oceans may use or provide access to third-party tools, content, and/or services, including third-party ticketing platforms (collectively, the “Third-Party Platforms”). We do not have any control over Third-Party Platforms, and as such, Glowing Oceans makes no representations or warranties with respect to any Third-Party Platform or any information contained therein, irrespective of whether we link to or utilize Third-Party Platforms as a part of the Services. You should read the policies and terms of use of each Third-Party Platform carefully, as we are not liable for any harm or damages related to or arising from, or any issues with, any Third-Party Platform.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Glowing Oceans, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Glowing Oceans. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

Links from the Services

If the Services contains links to other Websites 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. We have no control over the contents of those Websites or resources, and accept 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 or in the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Changes to the Services

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

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Geographic Restrictions

The owner of the Services is based in the State of California in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or from or in connection with the Services 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 our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GLOWING OCEANS NOR ANY PERSON ASSOCIATED WITH GLOWING OCEANS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER GLOWING OCEANS NOR ANYONE ASSOCIATED WITH GLOWING OCEANS REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR Website OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

GLOWING OCEANS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Assumption of Risk, Release, Waiver, and Indemnification

The Services may contain features that may affect your physical senses and/or physical condition, such as stairs, balconies and overhangs, dark spaces, bioluminescence, lighting changes and/or water features. Additionally, the Services may require or cause physical interaction by you. As such, you acknowledge and agree that these hazards are potentially dangerous and inherent part of the Services, and that there is a risk of mental or physical harm, including death or disability, to you and your guest(s), if any. You agree to use reasonable care while utilizing the Services and follow all instructions provided to you by Glowing Oceans or the venue in connection with the Services. If you or your guest(s) have any physical, mental, or other medical condition that may pose a risk in connection with the Services, you agree to promptly notify Glowing Oceans. In the event of an emergency, you and your guest(s), if any, hereby consent to any necessary medical and other treatment as determined in the reasonable judgment of Glowing Oceans or medical or emergency personnel. 

In consideration of Glowing Oceans permitting you to interact with the Services, you, on behalf of yourself and any guest(s), agree to accept and assume any risks of injury, death, or damage in connection with the Services. You, on behalf of yourself and any guest(s), agree to fully and forever release Glowing Oceans and its affiliates from any and all claims for damages, death, injury, negligence, premises liability or other similar cause of action in connection with the Services, regardless of the form of action and whether in contract, tort, strict liability, statute or otherwise. 

Additionally, you, on behalf of yourself and any guest(s), agree to defend, indemnify and hold harmless Glowing Oceans, 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 claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Services, your purchase of a Ticket or your attendance of any event put on as a part of or in connection with the Services or your violation of these Terms of Use.

This assumption of risk, release, waiver, and indemnification agreement is binding on you, anyone bringing a claim on your behalf or on behalf of your estate, and on any guest(s) using the Services, whether or not you purchased a Ticket for such guest(s). You are responsible for informing your guest(s)s of this assumption of risk, release, waiver and indemnification agreement before allowing them to use the Services. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, 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 Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Glowing Oceans’ sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Limitation on Time to File Claims

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

Waiver and Severability

No waiver by Glowing Oceans of any term or condition set forth in these Terms of Use 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 Glowing Oceans to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and separate terms elsewhere in the Services and on the Website constitute the sole and entire agreement between you and Glowing Oceans with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

California Residents

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is http://www.dca.ca.gov.

Your Comments and Concerns

The Services and this Website are operated by Popular Biology, Inc., 2647 Gateway Road, Suite 105-415, Carlsbad, California 92009.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Privacy Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to legal@glowingoceans.com.