Introduction
Welcome to
www.exploreparks.com (ExploreParks). This website is owned and operated by Traipse Media Corporation (TMC). By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'Terms of Service'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
This agreement is in effect as of Sep 13, 2011.
We reserve the right to change this Terms of Service from time to time without notice. You acknowledge and agree that it is your responsibility to review this Terms of Service periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this Terms of Service, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a) In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b) You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c) Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d) Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e) Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f) You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g) We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii) Contains any type of unauthorized or unsolicited advertising;
iv) Impersonates any person or entity, including any www.exploreparks.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Terms of Service, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h) We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of www.exploreparks.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, fully sub-licensable and transferrable right to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our
Privacy Policy.
i) You agree to indemnify and hold harmless www.exploreparks.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Terms of Service or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Terms of Service. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Privacy
Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this Terms of Service. To read our privacy policy in its entirety,
click here.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available." This means that we do not represent or warrant to you that:
i. The use of our Resources will meet your needs or requirements.
ii. The use of our Resources will be uninterrupted, timely, secure or free from errors.
iii. The information obtained by using our Resources will be accurate or reliable, and
iv. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi. No information or advice, whether expressed, implied, oral or written, obtained by you from www.exploreparks.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Terms of Service.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Exploreparks and TMC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on ExploreParks, including but not limited to text, graphics, website name, code, location data, images and logos are the intellectual property of Exploreparks, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by ExploreParks.
Furthermore, ExploreParks and TMC rely on users of the Site to bring copyright violations to our attention. Notifications of claimed copyright infringement should be sent to the attention of TMC at:
Attn: Traipse Media Corporation, 751 Laurel St #130, San Carlos, CA 94070
To be effective, the notification must include the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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;
iii. 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 TMC to locate the material;
iv. Information reasonably sufficient to permit TMC to contact you, such as an address, telephone number, and if available, an electronic mail address at which the you may be contacted;
v. A statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and 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.
All inquiries not in compliance with the above notice and procedure for making claims of copyright infringement will receive no response.
Questions and comments about the Site (other than claims of copyright infringement) should be directed to our Contact Information.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this Terms of Service. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This Agreement is governed by the laws of the State of California, U.S.A. Your consent to this Agreement will include your consent to such law and the jurisdiction of and venue in the courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to this Agreement. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. TMC's performance of this Agreement (including the Privacy Policy and Posting Policy) is subject to existing laws and legal process, and you agree that TMC may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. Any cause of action or claim you may bring in connection with the Site, including without limitation any Content, must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. In any dispute between TMC and you relating to the Site, the prevailing party will be entitled to attorneys' fees, costs and expenses.
Guarantee
UNLESS OTHERWISE EXPRESSED, www.exploreparks.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
www.exploreparks.com
c/o Traipse Media Corporation
751 Laurel St #130
San Carlos, CA 94070
USA