3. REGISTRATION OBLIGATIONS. As a condition of your use of the Site, you warrant that (i) all information supplied by you on this Site and as prompted by the registration form (“Registration Data”) is true, accurate, current and complete; (ii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete, (iii) you are 13 years of age or older in order to register for an account and contribute to our Site, (iv) you are of legal age to form a binding contract; and (v) you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
5. MEMBER, ACCOUNT, PASSWORD, AND SECURITY.You will create a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. NO RESALE OF SERVICE.You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Site (including your membership ID), use of the Site, or access to the Site.
8. USE OF INTERACTIVE AREAS. The Site may contain discussion forums, bulletin boards, or other forums in which you or third parties may post reviews or other content, materials or other items (“Interactive Areas”). If the Company provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and you use them at your own risk. By using any Interactive Areas, you expressly agree not to upload to, post, transmit, store, create, distribute or otherwise publish through the Site any of the following:
(i) any message, text, data, photo, music, sound, code, graphics, information or any other material, including User Content (collectively, “Content”) that is libelous, obscene, defamatory, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, invasive of privacy or publicity rights, is unlawful or otherwise objectionable, or that may give rise to civil liberties;
(ii) Content that may infringe upon any copyright, trademark, patent, trade secret or other intellectual property right of any party, including, but not limited to, Content that promotes the illegal or unauthorized copy of the copyrighted work of a third party, such as providing pirated computer programs or links to them, providing information to disable or circumvent manufacture-installed copy-protect devices, or providing pirated music or links thereto;
(iii) Unsolicited political campaigns, contests, raffles, advertisements, promotions, charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertisements or other solicitations of funds or for goods or services;
(iv) Viruses, worms, time bombs, Trojan horses, corrupted data or other harmful, destructive, contaminated or disruptive files or codes;
(v) Private information of any third party, including but not limited to, name, address, Social Security number, credit card number, authentication code or other information, telephone number, email address;
(vi) Content that encourages or provides instructions for a criminal offense, violates the rights of any person or party or that would otherwise create liability or violates any international, national, state or local law;
(vii) Content that impersonates any person or entity or misrepresents your affiliation with a person or entity, including the Company; and
THE COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT, INCLUDING USER CONTENT, POSTED OR UPLOADED TO THE SITE BY YOU OR ANY THIRD PARTY. MESSAGES, ADVICE, OPINIONS, OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA OR FORUM SHOULD NOT BE CONSTRUED AS AUTHORITATIVE ADVICE OR INSTRUCTION. THE COMPANY ASSUMES NO LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR ANY THIRD PARTY FOR ANY CONTENT POSTED TO THE SITE. ALTHOUGH THE COMPANY HAS NO OBLIGATION TO SCREEN, EDIT, OR MONITOR ANY OF THE CONTENT POSTED OR DISTRIBUTED THROUGH THE INTERACTIVE AREAS OF THE SITE, COMPANY RESERVES THE RIGHT, AND HAS ABSOLUTE DISCRETION, TO REMOVE, SCREEN, TRANSLATE OR EDIT WITHOUT NOTICE ANY CONTENT POSTED OR STORED ON THE SITE AT ANY TIME AND FOR ANY REASON.
9. GENERAL PRACTICES REGARDING USE AND STORAGE.You acknowledge that the Company may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that uploaded Content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on the Siteservers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. You acknowledge that the Company reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to modify these general practices and limits from time to time without notice.
10. MODIFICATION OF SERVICE.The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site for any reason.
13. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content to or through the Site or its users in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit. The burden of proving that any such content does not violate any laws or third party rights rests solely with you.
14. COPYRIGHT INFRINGEMENT. We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, please follow the following procedures. We do not assume or have any responsibility or any liability for material posted onto our Site by third parties, including readers’ comments or opinions.
We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Site. We have adopted a policy that provides for the immediate removal from a Site of any content that is found to have infringed on the rights of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:
Play Parks Creative LLC
PO Box 52451
Irvine, California 92619
15. NO WARRANTIES. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTY AS TO THE ACCURACY OF INFORMATION CONTAINED ON THE SITE. THE COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO:
a. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THE SITE, INLCUDING BUT NOT LIMITED TO THE AVAILABILITY OF THE SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES OR ANY FAILURE TO PROVIDE THE SITE OR ACCESS THERETO BY USERS. COMPANY DOES NOT WARRANT THAT THE SITE WILL (i) MEET YOUR REQUIREMENTS; (ii) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE THIRD PARTY SOFTWARE WILL BE CORRECTED. PLEASE NOTE THAT ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
e. COMPANY MAKES NO WARRANTIES AS TO THE SAFETY OF ANY PARKS OR LOCATIONS REVIEWED OR DISCUSSED ON THE SITE. ALTHOUGH THE COMPANY DISPLAYS INFORMATION ABOUT PARKS, LOCATIONS AND PROPERTIES OWNED BY THIRD PARTIES, SUCH ACTIONS DO NOT IN ANY WAY IMPLY, SUGGEST OR CONSTITUTE THE COMPANY’S SPONSORSHIP OR APPROVAL OF ANY SUCH THIRD PARTIES OR ANY AFFILIATION BETWEEN COMPANY AND SUCH THIRD PARTIES. COMPANY IS NOT LIABLE FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM YOUR USE OF, ACCESS TO OR TRAVEL TO AND FROM ANY OF THE PARKS, PROPERTIES OR OTHER LOCATIONS REVIEWED OR DISCUSSED ON THE SITE.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
16. LIMITED LIABILITY.COMPANY’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY (OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES) BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, DISPLAY OR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY OR ANY THIRD PARTY THROUGH THE SITE, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THE SITE, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE). . COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR HARM CAUSED BY RELIANCE UPON INFORMATION POSTED TO THE SITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
17. AFFILIATED SITES.We work with a number of third parties and affiliates whose Internet sites may be linked with the Site through hyperlinks. We have no control over, and no liability for any third party websites or materials.. Because we have no control over the content and performance of these third party and affiliate sites, we are not responsible for the privacy or other practices of such sites, we make no guarantees about the accuracy, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Further, it is up to you to take precautions to ensure that whatever link you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operations.
18. PROHIBITED USES.The Site is intended for an adult audience and CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO SUBMIT ANY CONTENT, PERSONAL DATA OR UNSOLICITED INFORMATION. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site; (g) “framing”, “mirroring” or otherwise incorporating any part of this Site into any other website without prior written authorization; (h) removing any copyright, trademark or other proprietary rights notices contained in or on the Site; (i) submitting Content that falsely expresses or implies that such Content is sponsored or endorsed by the Company; (j) harvesting or otherwise collecting information about Company users, including email addresses, passwords, user names, and phone numbers; and (k) soliciting personal information from anyone under the age of 18. Any violation of system or network security may subject you to civil and/or criminal liability. Additionally, you agree not to modify, copy, distribute, perform, display, reproduce, publish, license, transmit, sell or re-sell, create derivative works from any information software, products, or services obtained from or through the Site.
20. INTELLECTUAL PROPERTY RIGHTS.All information and content (such as text, design, layout, graphics, photos, images, logos, buttons) on the Site are protected under the copyright and trademark laws of the United States. The Site features references to parks, playgrounds, family travel, and other outdoor activities, and may include trademarks, trade names, service marks and other logos and brand features of third parties. We make no claim to ownership of the intellectual property of any third party. “Nature. Play. Trips. by FunOrangeCountyParks.com”, FunOrangeCountyParks.com, www.natureplaytrips.com and “Play Trips” are trademarks and the property of Company, which may not by used or displayed by you without prior written consent. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Site (including content we’ve created, User Content, or Content), without our prior written consent, which consent may be withheld at our sole discretion.
23. CALIFORNIA USE ONLY.The Site is controlled and operated by the Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Copyright © 2008-2015 Play Parks Creative LLC, PO Box 52451, Irvine, California 92619. All rights reserved.