Terms of Use - Fun Orange County Parks

TERMS OF USE FOR FunOrangeCountyParks.com

Thank you for visiting FunOrangeCountyParks.com (the “Website”). The terms and conditions listed below are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website and related properties (Facebook, Twitter, Instagram, Pinterest, and affiliate websites) and any related applications whether existing now or in the future. This Terms of Use (“Terms of Use”) may be updated from time to time without notice. You can review the most current version of the Terms of Use any time at: https://funorangecountyparks.com/terms-of-use.

1. BINDING EFFECT. This is a binding agreement. Play Parks Creative LLC, a California limited liability company (the “Company” or “we” or “us”) provides the Internet site located at www.FunOrangeCountyParks.com, FunOrangeCountyParks.com and social media accounts under the user name “OCPlayParks” on Facebook and Instagram — these social networks are collectively referred to herein as the “the Services”, or individually as “the Service”, and collectively with the Website as “the Site”) subject to the following Terms of Use. By accessing and using any part of the Site in any manner, you accept and agree to abide by these Terms of Use, as they may be amended by us from time to time. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site.

2. DESCRIPTION OF SERVICE. The Company provides users with access to a rich collection of resources, including various communications tools, search services, and personalized content through its network of properties which may be accessed through any medium or device now known or hereafter developed. You also understand and agree that the Site may include advertisements and that these advertisements are necessary for the Company to provide the Site. You also understand and agree that the Site may include certain communications from the Company, such as service announcements, administrative messages, and newsletter(s). Unless explicitly stated otherwise, any new features that augment or enhance the current Site, including the release of new Company properties, shall be subject to the Terms of Use. You understand and agree that the Site is provided “AS-IS” and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site.

3. PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into these Terms of Use by this reference.

4. USER CONTENT. By posting, commenting, or otherwise submitting (including “guest blogger” submissions) information or other content (“User Content”) to the Site, you are granting the Company and its affiliates a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable license to use your User Content in connection with the operation of the Site, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content throughout the world in any media, now known or hereafter devised, for any purpose. You will not be compensated for any User Content. You agree that, with your permission, we may publish or otherwise disclose your name in connection with your User Content. We may remove any User Content at any time, in our sole discretion, for violation of these Terms of Use, or for any other reason. You acknowledge and agree that all User Content is non-confidential and non-proprietary. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

5. 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. You further acknowledge that the Company reserves the right to modify these general practices and limits from time to time with notice about how data is stored in our current privacy policy.

6. 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.

7. TERMINATION. You agree that the Company may, in its sole discretion and without prior notice, immediately deny access to any and all associated Content entered by you or related parties, and deny access to the Site for reasons that include, but are not limited to: (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Site (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Site. Termination of your account includes (i) removal of access to all offerings within the Site, (ii) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (iii) barring of further use of the Site. Further, you agree that the Company shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Site.

8. INAPPROPRIATE CONTENT. If any Content in violation of the terms of Section 4 is uploaded, downloaded, displayed, performed, transmitted of otherwise distributed through the Site, we reserve the right to terminate your receipt, transmission, or other distribution of any such material, and, if applicable, to delete any such material from the Site and/or our computer servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

9. 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.

10. 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

11. 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.

c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE COMPANY OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

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.

12. 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).

13. 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.

Notwithstanding the foregoing, the total liability of the Company (and its officers, directors, employees and affiliates), if any, for losses or damages shall not exceed the fees paid by the user directly to the Company for the particular information or service provided. Some states do not allow the exclusion of damages or limitations of liability as set forth above, so this limitation of liability may not apply to you. If any part of this limitation does not apply to you and is invalid or unenforceable, for any reason, then under those circumstances, the aggregate liability of the Company (and its officers, directors, employees or affiliates) shall not exceed one hundred dollars ($100). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section 16 will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose.

14. 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.

15. PROHIBITED USES. The Site is intended for an adult audience and CHILDREN UNDER THE AGE OF 16 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.

16. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from: (i) your access to or use of the Site (ii)your violation of these Terms of Use, or (iii) your infringement, or infringement by any other user of your account, of any intellectual property or any other right of any person or entity. We will notify you within a reasonable time of any such claim, loss, liability, or demand. Your indemnity obligation in this paragraph includes the obligation to provide Company, or an affiliate of Company, with a legal defense to any such claim.

17. 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. FunOrangeCountyParks.com, OCPlayParks.com, and “OCPlayParks” 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.

18. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Orange County, California, USA in all disputes arising out of or related to the use of the Site.

19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

20. 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.

21. MODIFICATIONS. We may, in our sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site or any portion of it at any time. We will post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

22. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.