Welcome to a website of the Forgotten Parks Foundation (“FPF”)(“the Site”).
Copyright 2019. Forgotten Parks Foundation. All rights reserved.
FORGOTTEN PARKS FOUNDATION, FPF, PROTECTING WILDLIFE AND WILDERNESS, FORGOTTEN PARKS, THE FPF ELEPHANT LOGO and the various FPF logos displayed on the Site are trademarks or service marks of the Forgotten Parks Foundation. All rights reserved.
USE OF CONTENT
Permission to use, copy and distribute content delivered from this Site is hereby granted under the following conditions: (1) the above copyright and/or trademark notice(s) and this permission notice must appear in all copies; (2) any use of the content available from this Site must be for personal or informational purposes only and in no instance for commercial purposes; (3) no content available from this Site may be modified in any manner; (4) no graphics available from this Site may be used (including links from pages on other websites), copied, or distributed separate from the accompanying text; and (5) no attribution information may be removed from any content. Any rights not expressly granted herein are reserved by FPF. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any trademark or service mark of FPF. Except as expressly granted above, all rights are expressly reserved to FPF.
SUBMISSIONS, UPLOADED CONTENT AND ONLINE CONDUCT
FPF does not endorse any content submitted to FPF, nor any opinion, recommendation, nor advice expressed therein, and FPF expressly disclaims any and all liability in connection with such submissions.
You further agree that any content you submit to FPF through this Site or any FPF service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant FPF all of the license rights granted herein.
In order to maintain an efficient and effective Site that addresses the needs and interests of our users, the following rules apply to the use of this Site:
- You may not post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, or violates any other person’s copyrights, privacy rights, trademarks, trade secrets or any other intellectual property rights, or rights in any confidential information.
- You may not post or transmit any content with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety.
- You may not change, modify, alter or tamper with the Site’s software, appearance or functionality.
- You acknowledge and agree that FPF may take appropriate action, at its discretion, in order to prevent the misuse of the Site to disseminate information, statements, or content that may be abusive, destructive, harmful or threatening to the safety of others or in order to comply with any law or regulation of any government entity; including deleting your posted content which violate these rules. Such action may include but is not limited to termination of your access to the Site for any reason, at any time, and without liability to you.
- You may not interfere with others’ use of the Site or disrupt the normal flow or use of the Site, including but not limited by posting or transmitting any virus, infection, contamination or destructive file which causes the Site to become inaccessible, inoperable or contaminated.
You agree to indemnify and hold FPF, its officers, directors, trustees, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against FPF by any third party due to or arising out of or in connection with your use of the Site.
USE BY CHILDREN
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FPF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FPF DOES NOT REPRESENT OR WARRANT THAT CONTENT IN THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION PROVIDED THROUGH THE SITE BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FPF DOES NOT REPRESENT OR WARRANT THAT THE SITE OR FPF’S SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF THE SITE.
FPF reserves the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FPF.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FPF OR ITS OFFICERS, DIRECTORS, TRUSTEES, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FPF, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FPF’S RECORDS, PROGRAMS OR SERVICES.
LINKING TO THE FPF SITE
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray FPF or any of its products, services or programs in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any FPF trademark, service mark, logo or other proprietary information, including the images found at the FPF website, the content of any text or the layout/design of any page or form contained on a page without FPF’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a FPF name, trademark or product name without FPF’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise, in or under any patent, trademark, service mark, copyright or proprietary right of FPF or any third party. FPF makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the FPF website.
THIRD PARTY LINKS AND CONTENT
FPF may provide links to web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. FPF does not monitor, nor does it have any control over, any Third Party Content. FPF does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. FPF makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the FPF site, you should be aware that FPF’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.
Some FPF sites and services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that FPF may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify FPF of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the applicable FPF service.
Paid transactions (e.g., for donations or purchase of goods) are made by FPF or a third party identified at the time of sale, if different. If you have questions about your transaction, please contact FPF (or third party) at the address provided and they will assist you. Different or additional terms and conditions may apply to third parties, which you should read when they are presented to you.
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. A notice will be communicated to you when your order is accepted and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time the notice is sent. At such time, the contract for sale will be made and become binding. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
EXCESSIVE DATA USAGE CHARGES
Accessing and using the Site on your mobile device will require use of your data service. Depending on the plan you have with your mobile network carrier, you could incur excessive data charges amounting to hundreds or thousands of dollars. You should check with your mobile network carrier and determine how you will be charged for data usage. FPF is not responsible for your data usage and will not be responsible for excessive data charges that you may incur. You are responsible for any Internet connection, data or other fees assessed by your mobile network carrier to access the Site via your wireless device, including any data plan charges, toll, out-of-area, roaming or other wireless device connection charges.
SEVERABILITY AND NONWAIVER
APPLICABLE LAW AND JURISDICTION
LIMITATION ON TIME TO FILE CLAIMS
USE OF THE SITE OUTSIDE THE UNITED STATES
The Site is controlled and offered by FPF from the United States. FPF makes no representations that the Site is appropriate or available for use in other locations. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If you are located outside of the United States, the information you provide to us will be transferred to the United States and that by providing your Information, you consent to this transfer and storage of the data in the United States.
FPF may maintain backups of data including registration data to recover data and restore accounts in case of errors or system failure. Therefore, data that you delete or that FPF deletes may remain backed up. FPF does not guarantee that backups will function error free. FPF may not be able to restore data from a backup on request. For these reasons, you are responsible for maintaining your own backups.
SWEEPSTAKES & CONTESTS
REVIEW AND CORRECTION
If you would like to review or correct the information that you provided to FPF (or if you have comments or questions about our Site), you can contact us at: firstname.lastname@example.org.
Forgotten Parks Foundation
970 Blankenship Rd
Dover, Florida 33527
T (813) 365-0274
© 2019 Forgotten Parks Foundation. All rights reserved.