TERMS OF SERVICE
15 SEPTEMBER 2009
These Terms of Service (“TOS”) apply to all users of the Parks2Know website (the “Site”) is owned and operated by Things2Know LLC. By using this Site, you signify acceptance of these TOS, as well as the Parks2Know Privacy Policy. Parks2Know reserves the right to update or change these TOS at any time by posting the most current version of the TOS on the Site. Your continued use of the Site after we post any changes to the TOS signifies your agreement to any such changes. If you do not agree to these TOS, you must discontinue using the Site and terminate your Park Friends Membership in Parks2Know.
Website Access.
THIS IS A WEBSITE FOR MOMS, FAMILIES AND CHILD CAREGIVERS. TO USE THIS SITE AND THE SERVICES OFFERED, YOU MUST BE 16 YEARS OLD OR OLDER. BY ACCESSING THIS SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 16 YEARS OF AGE. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED.
Registering as a Park Friend.
You do not have to be a Parks2Know Park Friend to use this Site. However, only Park Friends can access some of the most popular features and services that Parks2Know will offer. Registration is free. If you are not registered with us, please click here to register.
When you register with Parks2Know, you will be asked to select a username and password, which will serve to identify you as a Park Friend each time you visit and log in. You may not (i) select or use a user name of another person with intent to impersonate that person, (ii) use a user name in which another person has rights without authorization from that person, or (iii) use a user name that Parks2Know, at its sole discretion, deems offensive. Park Friends must immediately notify Parks2Know of any known or suspected unauthorized use of a Park Friend's password.
The Services.
This Site and any Services offered are intended for your personal, noncommercial use. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without Parks2Know’s prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component
Submissions by Park Friends
Much of the content on Parks2Know is submitted by our Park Friends. We encourage you to take advantage of the many opportunities to interact with Parks2Know Park Friends by posting and reading content. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk.
We permit advertising only in specified areas of the Site that are specifically designated for advertising.
By submitting content to the Site, you grant to Parks2Know and its successors in business a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the content without your prior approval or the payment of any compensation. You also grant each user of the Parks2Know Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these TOS.
Content Removal Rights.
We reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that (i) the content violates these TOS (ii) removal is necessary to protect the rights, property or personal safety of Parks2Know, its users and the public, or (iii) if required to do so by law. We also reserve the right to remove postings that are or not in English. We can also remove content if we believe that doing so will improve our Site and the experience of our Park Friends.
Notwithstanding anything to the contrary stated herein or in our Privacy Policy, we have the right to view and monitor any content posted to this Site, even if that content has been designated as “private,” if we have reason to believe that the content or the Park Friend posting the content has violated or has engaged in conduct that is fraudulent, deceitful, unlawful or is or could be a threat to persons or property.
Proprietary Rights
The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by Parks2Know or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. Parks2Know owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site.
All trademarks appearing on this Site ("Marks") are trademarks of their respective owners, including Parks2Know and its partners. Users are prohibited from using any Marks without the written permission of Parks2Know or such third party that may own the Marks.
Content on the Site is provided AS IS for your information and personal use only. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
No License Granted.
Except for allowing you to use the Site for your personal use, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Parks2Know. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER PARKS2KNOW PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
Age Requirements.
You must be at least 16 years old to join Parks2Know and to use the Services. The Parks2Know Site and Services is not intended for children under the age of 16.
Communications from Parks2Know.
By registering for Parks2Know, you will receive online communications from Parks2Know. To unsubscribe from any Parks2Know email list, simply click on the “Unsubscribe” link at the bottom of the email and your name will be removed from that mailing list.
Links.
The Site, or Park Friends, may provide links to other World Wide Web sites or resources. Because Parks2Know has no control over such sites and resources, you acknowledge and agree that Parks2Know is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that Parks2Know shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Indemnity.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Parks2Know, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these TOS, applicable law or the rights of any third party.
Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT PARKS2KNOW MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT PARKS2KNOW DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, PARKS2KNOW DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.
THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT PARKS2KNOW IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. PARKS2KNOW ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION.
Liability Disclaimer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PARKS2KNOW OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY PHYSICAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, AS A RESULT OF YOUR USE OF THIS SITE OR ANY OF THE INFORMATION CONTAINED THEREIN.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars ($10).
Access Restrictions; Termination.
We can suspend or terminate your Park Friendship in Parks2Know and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at Parks2Know’s sole discretion, you fail to comply with any of the TOS. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the TOS shall survive.
Digital Millennium Copyright Act ("DMCA") Notice.
Materials may be made available via the Site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service.
If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing 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;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Third Party Products and Services.
You may order services, merchandise or other products through our Site from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transaction, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
These TOS are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Parks2Know for any violation of Parks2Know’s proprietary or other rights, any and all disputes relating to these TOS, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Los Angeles, California, USA.
The Parks2Know website is owned and operated by Things2Know LLC.
We can be contacted at info@parks2know.com
