Terms & Conditions.
This page states the Terms and Conditions under which you may use this Web site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web site. The Warrick Parks Foundation may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
USE OF SITE:
The Warrick Parks Foundation (“WPF”) authorizes you to view, use or download material displayed on this Site (the “Material”) solely for noncommercial, personal use only. If you download Material, you must retain all copyright and other proprietary notices displayed on the Materials. You may not sell, distribute, modify, reproduce, display, publicly perform, transmit, post, or otherwise use the content of this Site for public or commercial purposes without WPF’s written permission. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited. You may not link or otherwise frame the materials on this Site without the express, written permission of WPF. If you violate any of these Terms, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of the Materials. WPF reserves the right to refuse service, terminate accounts, and cancel orders if we believe that your conduct violates these Terms.
MINMUM OPERATING REQUIREMENTS:
This site is designed to operate properly in both PC and MAC formats using the two latest versions of Chrome (mobile and desktop), Safari (mobile and desktop), IE/Edge, and Firefox.
COPYRIGHTS:
All content on this Site, including text, graphics, logos, button icons, and images, and the design, sequence, selection and arrangement of such content is the exclusive property of The Warrick Parks Foundation and is protected by U.S. and interWarrick copyright laws. All rights not expressly granted are reserved.
TRADEMARKS:
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on this Site are the registered and unregistered Trademarks of The Warrick Parks Foundation and its partner organizations. Your use of the Trademarks displayed on this Site, except as provided in these Terms, is strictly prohibited.
OPINION, FEEDBACK, & OTHER SUBMISSIONS:
Users who have properly registered on this Site may post comments and opinions on the Warrick Parks and other issues of general interest featured on this Site. Generally, any communication which you post to the Site (a “Posting”) is considered to be non-confidential. You agree that any and all information that you submit to this Site (a “Submission”), including any and all numerical votes and written comments, is the property of WPF and may be used by us for any purpose. By posting communications to the Site, you automatically grant WPF a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, transfer, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, translate and reformat your Submission; publish your name in connection with your Submission; and the right to sublicense such rights through multiple tiers of sublicenses.
No compensation will be paid with respect to the use of your Submission, as provided herein. Microsoft is under no obligation to post or use any Submission you may provide and WPF may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
WPF does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications post by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
WPF does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, WPF may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. WPF has no liability or responsibility to Users for performance or nonperformance of such activities. WPF reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive. Specifically, WPF reserves the right, in its sole discretion, to edit all submissions for appropriate content. WPF reserves the right at all times to disclose any information as WPF deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, in WPF’s sole discretion.
SURVEY CONTENT:
The reviews published on this Site are based on public opinion surveys, with numerical ratings reflecting the average scores given by all survey participants who voted on each park site and text based on direct quotes from, or fair paraphrasing of, participants’ comments.
LINKS TO OTHER SITES:
The Site may contain links to third-party Web sites. These links are provided solely as a convenience to you and not as an endorsement by WPF of the contents on such third-party Web sites. WPF is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party Web sites, you do so at your own risk. When you click on one of the provided links, you are leaving the WPF’s Site to enter another site on the Web.
WPF LIABILITY:
Your use of this site is at your own risk. The Material may contain inaccuracies or typographical errors. WPF makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. Changes are periodically made to the Site and may be made at any time.
WPF DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WPF IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WPF AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WPF AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
WPF DOES NOT CONTROL, NOR CAN CONTROL, THE FLOW OF DATA TO OR FROM INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS PROVIDERS AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY SUCH THIRD PARTIES MAY PRODUCE SITUATIONS IN WHICH YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF) MAY BE IMPAIRED OR DISRUPTED AND WPF CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, WPF DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. WPF SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT YOU MAY SUFFER OR THAT MAY BE SUFFERED BY ANY SUCH THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY AND ALL LOSSES OR DAMAGES OF ANY AND EVERY NATURE, RESULTING FROM THE LOSS OF DATA, INABILITY TO ACCESS THE INTERNET, OR INABILITY TO TRANSMIT OR RECEIVE INFORMATION, CAUSED BY, OR RESULTING FROM, DELAYS, NON-DELIVERY, OR SERVICE INTERRUPTIONS WHETHER OR NOT CAUSED BY THE FAULT OR NEGLIGENCE OF WPF. WPF SHALL NOT BE RESPONSIBLE FOR THE SITE’S NOT BEING ACCESSIBLE ON THE INTERNET DUE TO CIRCUMSTANCES NOT IN THE DIRECT CONTROL OF WPF SUCH AS, WITHOUT LIMITATION, YOUR EQUIPMENT CAPABILITIES OR LIMITATIONS OR INTERNET SERVICE PROVIDER LIMITATIONS. WPF SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR UNAUTHORIZED DISSEMINATION OF ANY DATA, WHETHER AS A RESULT OF DEFEAT OF DATA SECURITY, MISAPPROPRIATION OR MISUSE OF PASSWORDS, OR ANY OTHER CAUSE NOT IN THE DIRECT CONTROL OF WPF.
YOU SPECIFICALLY AGREE THAT WPF SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU SPECIFICALLY AGREE THAT WPF IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT WPF IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITE BY ANY THIRD PARTY.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL WPF, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) OR OTHER ECONOMIC LOSS RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WPF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY:
Unless otherwise expressly agreed to by WPF, the aggregate liability for WPF to you for all claims arising from the use of the Material and/or the Site is limited to $25.00.
COPYRIGHT AGENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright infringement, please provide WPF’s agent (listed below) the following information, in writing: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right which is allegedly being infringed upon; (ii) identification of the copywritten work that is alleged to have been infringed upon or, if more than one, a representative list; (iii) identification of the material which needs to be removed or altered and a sufficiently detailed description of the location of the protected material on the Site; (iv) a sufficient means for WPF to contact you, such as your address, telephone number, and e-mail address (if available); (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that you have authority to make such a statement; and (vi) a statement by you, made upon penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. WPF’s copyright agent for notice of claims of copyright infringement can be reached at info@warrickparksfoundation.org.
INDEMNITY:
You agree to defend, indemnify and hold WPF, its officers, directors, employees, and agents harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Material and the Site or your breach of the terms of this Agreement. WPF shall provide you notice promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
EXPORT CONTROL:
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export Material (including any software downloaded from the Site) to countries or persons prohibited under the export control laws. By downloading the Material (including any software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any Material from the Site.
DISPUTE RESOLUTION:
Any and all disputes between both parties arising out of or otherwise relating to this Agreement and its implementation will be settled solely and exclusively by arbitration in Washington, D.C., United States of America, pursuant to the J.A.M.S./ENDISPUTE’s Streamlined Arbitration Rules and Procedures then in effect. Any decision rendered shall be final and conclusive upon both parties and a judgment thereon may be enforced in any court having jurisdiction. All costs incurred in arbitrating a dispute shall be shared in proportion to the parties’ respective amounts of liability. Except where clearly prevented by the subject matter of the dispute, both parties will continue performing their respective obligations under this Agreement while the dispute is being resolved. Notwithstanding the foregoing, WPF shall have the right to institute an action in any court or tribunal in the event you infringe WPF’s proprietary rights or breach your restricted use obligations of the Site and its Material.
GENERAL:
The Site is based in Newburgh, IN. WPF makes no claims the Material is appropriate or may be downloaded outside of the United States. Access to the Material (including any software) may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Any changes to this Agreement must be made in writing, signed by an authorized representative of WPF. This Agreement constitutes the entire and complete agreement between you and WPF with respect to the use of the Site and its Material superseding all prior and contemporaneous agreements, representations, statements and writings relating to its subject matter.