CLEVELAND METROPARKS TERMS OF USE
Consent
You agree that your use of the Cleveland Metroparks website and any use of any services or materials accessed on or through the Website are subject to your agreement with all of these Terms of Use and our Website Privacy Policy. You agree that you will comply with all local, state, federal or international laws applicable to the Website and your use of and access to the Website shall be according to this Terms of Use.
You acknowledge and agree that Cleveland Metroparks cannot and does not guarantee against viruses, worms, or other unauthorized users or hackers attempting to obtain access to this website or information transmitted to or from this website.
Cleveland Metroparks also reserves the right to temporarily or permanently discontinue this website, any page, or any functionality on this Website at any time and without notice.
Modifications
You should review these Terms of Use regularly as they may change at any time at our sole discretion. Cleveland Metroparks may modify these Terms of Use at any time. The modified terms of use will be effective upon posting on our website. Your continued use of this Website following the posting of changes to the Terms of Use constitutes acceptance of those changes. Modifications will be posted on this website and the “last updated” date at the bottom of this page will be revised. So that you may remain in compliance, Cleveland Metroparks suggests that you review the Terms of Use, as well as the other website policies listed above, at regular intervals.
Scope of Use
The contents of this website, such as text, graphics, images, animations, videos and/or any other information contained on this website are for informational purposes only.
Cleveland Metroparks permits you to view, use and download portions of this website for your personal, informational, non-commercial purposes; provided that you leave all copyright, trademark and other proprietary notices intact. In addition, certain areas of the Website specifically allow users the option to download materials and tools (e.g. photos, videos, lesson plans, and educational documents) (“Downloadable Content”) intended for educational and training purposes. Provided you, (a) leave all copyright, trademark and other proprietary notices intact, (b) do not display or distribute the Downloadable Content on another website without our prior written consent, and (c) do not sell, resell, or otherwise exploit the Downloadable Content for commercial purposes, you may reproduce, display, and distribute the Downloadable Content for training and educational purposes. However, for the portion of Downloadable Content available only to registered users, you may not reproduce, display, or distribute such Downloadable content without Cleveland Metroparks prior written consent. Except as expressly provided in this paragraph, you may not reproduce, modify, display or distribute any text, graphics, images or other content on the Website, or the design and layout of the Website, without Cleveland Metroparks’s prior written consent.
By accessing the website, you agree to abide by all security and safety measures established by Cleveland Metroparks and its partners or service providers. Cleveland Metroparks reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the website at any time. Cleveland Metroparks may also impose limits on certain features of the website or restrict access to any part or all of the Website without notice or penalty.
Rules of Conduct
Certain areas of the website permit you to upload, post, email, or otherwise transmit content (collectively, “User Content”).
It is a violation of these Terms of Use for you to:
- Use this website for illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of Cleveland Metroparks or its service providers;
- Copy, sell, resell, or exploit for commercial purposes any portion of this website; use any robot, spider, or other automatic or manual process to monitor, data mine, or copy any Website pages, content, or user information, except as expressly permitted by Cleveland Metroparks;
- Manipulate identifiers, use another’s ID or password without authorization, or otherwise engage in any activities intended to impersonate or hide a user’s identity or contact information; transmit or distribute viruses or other malicious code;
- Collect user names and contact information and/or send unsolicited commercial communications (spam);
- Take any action that imposes an unreasonable or disproportionally large load on the website’s infrastructure;
- Post content or take any action on the website that infringes or violates someone else's rights (whether protected by copyright, trademark, trade secret, right of publicity or other proprietary right) or otherwise violates the law;
- Transmit or distribute any user content that is unlawful, deceptive, false, stolen, threatening, abusive, harassing, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another; or
- Assist or permit any persons in engaging in any of the activities described above.
- Each user of this website, including you, is responsible for (i) the user content that the user transmits to the website, and the consequences of its use or submission; and (ii) ensuring that all User Content the user transmits to the Website is accurate, truthful, up-to-date, and complete.
Cleveland Metroparks shall have the right, but not the obligation, to monitor user content and use of the website to improve its performance, for legal and regulatory requirements, and to determine compliance with these Terms of Use and other applicable policies. Cleveland Metroparks shall have the right, in its sole discretion, to refuse to post or to remove any user content on this Website that it believes to be in violation of these Terms of Use or which it finds otherwise objectionable without any advance notice or liability to you or any third party. If you believe that any user content on the website infringes your intellectual property rights, please notify Cleveland Metroparks at: [email protected].
Indeminfication
You agree to indemnify and hold Cleveland Metroparks and its affiliates, officers, agents, partners, members and employees harmless from any claim, action, demand, loss, or damages (including reasonable attorneys’ fees) arising out of or related to your use of this Website, the content you post or transmit to the website, your violation of the Terms of Use, or your violation of any law or rights of a third party. Cleveland Metroparks reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with Cleveland Metroparks in asserting any available defenses.
Proprietary Rights
All trademarks, service marks and logos on this website are the property of the Cleveland Metroparks. Cleveland Metroparks owns various trademarks, service marks and logos used on this website, including without limitation, the Cleveland Metroparks logo. Unauthorized use of any Cleveland Metroparks (or of any third-party) trademark, service mark, or logo may violate Cleveland Metroparks or a third party’s legal rights. You must obtain Cleveland Metroparks written permission prior to using any trademark or service mark of Cleveland Metroparks.
Cleveland Metroparks and its licensors own all intellectual property rights in this website, except as otherwise expressly indicated. This website is protected by United States and international copyright laws. Any unauthorized use of the website or any content or materials appearing on or accessed through the website may violate copyright laws, laws of privacy and publicity, and other laws and regulations.
By transmitting user content to Cleveland Metroparks or this Website, you grant Cleveland Metroparks a perpetual, irrevocable, worldwide, royalty-free, assignable, and sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such content for any purpose, and you waive any and all moral rights and publicity rights in such content.
Ability to Agree to Terms of Use
The website is not directed towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are over the age of 18, you acknowledge that you are fully able and competent to comprehend, understand and enter into the terms, conditions, limitations, obligations, representations and warranties contained in these Terms of Use.
Additional Policies
Your use of the website confirms and acknowledges your agreement to be bound by and comply with any of Cleveland Metroparks other polices and disclaimers governing the use of the website that are posted on the website or provided to you electronically or otherwise in writing. To obtain information about our privacy practices regarding your use of the website, please see the Cleveland Metroparks Privacy Policy.
Limitation of Liability
In no event shall Cleveland Metroparks be liable for any direct, indirect, special, consequential or monetary damages, including fees and penalties in connection with your use of materials posted on this website or connectivity to or from this website to any other website.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Cleveland Metroparks liability will be limited to the fullest extent permitted by applicable law.
Violations; Termination of Use
Cleveland Metroparks may terminate or suspend your access to all or part of this website immediately and without notice for any conduct that Cleveland Metroparks, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of Cleveland Metroparks or any third party. Upon termination, you must cease use of this Website and its content. Cleveland Metroparks reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to the Website from a particular Internet address.
Third-Party Websites and Linking
As a convenience to users, this Website contains links to and embedded frames from sites operated by third parties (“Third-Party Sites”). Third-Party Sites are not under the control of Cleveland Metroparks, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to corresponding third-party, not Cleveland Metroparks, terms of use and privacy policies. Cleveland Metroparks is not responsible for, does not endorse, and hereby disclaims any and all content, advice, or services found, learned, available, or provided on such Third-Party Sites. We reserve the right to terminate a link to a Third-Party Site at any time. The fact that we provide a link to a Third-Party Site does not necessarily mean that we endorse, authorize or sponsor that Third-Party Site, nor that we are affiliated with the Third-Party Site.
Unless otherwise set forth in a written agreement between you and Cleveland Metroparks, you must adhere to Cleveland Metroparks linking policy as follows: (i) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with Cleveland Metroparks name or any Cleveland Metroparks trademark or service mark; (ii) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Cleveland Metroparks; (iii) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website; and (iv) Cleveland Metroparks reserves the right to revoke its consent to the link at any time in its sole discretion.
Registration and Account Security
Certain features of the Website provide you with the option of setting up an account for which you will receive a user ID and password. User IDs and passwords are confidential and proprietary. It is a violation of these Terms of Use for you to share your user ID or password, or to use your user ID and password for unauthorized purposes. You are solely responsible for any unauthorized use of your user ID and password.
Disclosures
Cleveland Metroparks may preserve and disclose user content if expressly authorized by you or if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any user content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Cleveland Metroparks, users, or the public.
Governing Law
You agree that any claim or dispute relating to the Cleveland Metroparks website or your use or reliance on this website shall be construed in accordance with the laws of the State of Ohio without regard to its conflict of laws provisions. The parties agree to exercise of personal jurisdiction by and exclusive venue in the local, state or federal courts located in Cuyahoga County, Ohio.
Compliance with Laws
Although accessible by others, the website is intended for access and use by U.S. residents only. The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Cleveland Metroparks makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the website or use of the services offered herein may be illegal is prohibited. Those who choose to access the website from other locations do so on their own initiative and risk and are responsible for compliance with applicable local laws.
Miscellaneous
These Terms of Use, as modified from time to time and including any policies or disclaimers that are incorporated by reference, set forth the entire understanding and agreement between you and Cleveland Metroparks with respect to the subject matter hereof. Cleveland Metroparks failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms of Use will remain in full force and effect.
If you have any questions about the Site or these Terms of Use, please email us at [email protected].
By using this website, you accept these terms.
Last updated: 5/1/2024
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