Terms of Use

TERMS OF USE FOR FUNORANGECOUNTYPARKS.COM

 Thank you for visiting FunOrangeCountyParks.com. 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 FunOrangeCountyParks.com website, and related properties (Facebook, Twitter, and affiliate websites) and any related applications whether existing now or in the future.

1. BINDING EFFECT. This is a binding agreement. Play Parks Creative LLC (“Company”, or “we”) provides the Internet site located at www.FunOrangeCountyParks.com, social media accounts under the user name “OCPlayParks” (such as Twitter, Facebook, Pinterest, Quora, etc.), and affiliated websites, including ocplayparks.com and communitywalk.com (these web sites and social networks are collectively referred to herein as the “Sites”, or individually as a “Site”) subject to the following terms of use (“Terms of Use”). By accessing and using one or more of the Sites, you accept and agree to abide by these Terms of Use, as they may be amended by 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. 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 this agreement by this reference.

3. USER CONTENT. By posting, commenting, or otherwise submitting (including “guest blogger” submissions) information or other content (“User Content”) to a Site, you are granting Company and its affiliates a worldwide, royalty-free 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. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content, or remove any User Content at any time, in our sole discretion, for violation of these Terms of Use, or for any other reason. By posting User Content on a 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.

4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Sites, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Sites 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 Sites 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.

5. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content (either your User Content or otherwise) that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such materia, 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.

6. 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 Sites by third parties, including readers’ comments or opinions.

We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on one of its Sites. 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 its 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

7. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTY AS TO THE ACCURACY OF INFORMATION CONTAINED ON THE SITES. COMPANY IS MAKING THE SITES 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 SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE.  COMPANY MAKES NO WARRANTIES AS TO THE SAFETY OF ANY PARKS OR LOCATIONS REVIEWED OR DISCUSSED ON THE SITES.

8. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY OR ANY THIRD PARTY THROUGH THE SITES. COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR HARM CAUSED BY RELIANCE UPON INFORMATION POSTED TO THE SITES. 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.

9. AFFILIATED SITES. We have no control over, and no liability for any third party websites or materials. We work with a number of third parties and affiliates whose Internet sites may be linked with the Sites. Because we have no control over the content and performance of these third party and affiliate sites, we make no guarantees about the accuracy, content, or quality of the information provided by such sites, and assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.

10. PROHIBITED USES. 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 Service, 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 or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service 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 Service; or (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 or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

11. 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 your access to or use of the Site(s), your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or 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.

12. INTELLECTUAL PROPERTY RIGHTS. All information and content (such as text, design, layout, graphics, photos, images, logos, buttons) on the Sites are protected under the copyright and trademark laws of the United States. The Sites features references to parks, playground, 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. “Fun Orange County Parks Playbook”, www.funorangecountyparks.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(s) (including content we’ve created or User Content), without our prior written consent, which consent may be withheld at our sole discretion.

13. 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 or Service.

14. 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.

15. CALIFORNIA USE ONLY. The Site is controlled and operated by 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 Sites should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

16. MODIFICATIONS. We may, in our sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service 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 Sites following notice of any revision, you shall abide by any such revision.

17. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE(S), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Copyright © 2008-2012 Play Parks Creative LLC, PO Box 52451, Irvine, California 92619. All rights reserved.