WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.

Effective November 13, 2017

These Website Terms of Use (the “Terms”) govern the website of the Golden Gate National Parks Conservancy (the “Conservancy”). Please read the Terms carefully before using this website. By using and/or visiting this website, you acknowledge that you have read these Terms and signify your assent to both these Terms and the terms of our Privacy Policy, which is available at http://www.parksconservancy.org/about/privacy.html.

These Terms may be updated or revised by the Conservancy from time to time without notice to you. Any changes to these Terms will be effective prospectively upon their posting to this website. If you disagree with these Terms, your sole remedy is to discontinue your use of this website.

There are portions of this website that we make available to users in the general public without registering and you may visit or browse those portions without charge or obligation. Certain content of the website is displayed only to users who have created user IDs and passwords (each, a “Registered User”). If you are a Registered User, you agree to promptly notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to this website by emailing us at [email protected].

The content on this website, including without limitation, any text, software, graphics, and photos, and any trademarks, service marks and logos contained therein (collectively “Materials”) are owned by or licensed to the Conservancy, subject to copyright, trademark and other intellectual property rights.

Unless otherwise noted, no Materials from this website may be copied, reproduced, republished, uploaded, performed, distributed, displayed, posted, transmitted, or used to create a derivative work in any way without written permission of the rights owner, except that you may use information purposely made available by the Conservancy for downloading from this website, provided that you (1) keep intact all copyright and other proprietary notices, (2) use such information only for your proper informational purpose and do not copy or post such information on any other website or broadcast it in any media, and (3) make no modifications to any such information. You agree not to circumvent, disable, or otherwise interfere with any security related features of this website or features that prevent or restrict use or copying of any Materials or content.

Permission for all other uses of Materials contained herein must be obtained from the Conservancy or the appropriate rights owner in advance; otherwise, such use is prohibited.

All design rights, databases and compilation and other intellectual property rights associated with this website, in each case whether registered or unregistered, and related goodwill, are proprietary to the Conservancy.

You represent, warrant and agree that all materials submitted through your account or otherwise posted, transmitted, or shared by you on this website or through our page (as described below), including but not limited to text and photos (collectively “Submitted Materials”), will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

There are a number of proprietary logos, service marks, and trademarks found on this website that are the property of the Conservancy. By making them available on this website, the Conservancy is not granting you a license to use them in any fashion. No trademark or service mark may be used as a hyperlink without the Conservancy’s prior written permission.

The Conservancy maintains a Facebook page (our “FB page”) to provide a place for people to learn more about the Conservancy and to interact around the Conservancy. All comments, visuals and other materials posted by visitors to our FB page do not necessarily reflect the opinions or ideas of the Conservancy. All visitors to our FB page must comply with Facebook’s Terms of Use. The Conservancy reviews some but not all postings to our FB page, and we will remove any postings that we have determined are inappropriate or offensive.

In using the website or our FB page you agree not to:

• Impersonate any person or misrepresent your identity or affiliation in any way;
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
• Restrict, discourage or inhibit any person from using this website;
• Intentionally seek information on, gain unauthorized access to, obtain copies of or modify files, other data belonging to other users without permission; or harvest user names, email addresses or other personal information for any purpose;
• Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Violate any applicable laws or regulations or these Terms; or
• Assist or permit any persons in engaging in any of the activities described above.

Our collection and use of information about you is subject to our Privacy Policy available at www.parksconservancy.org/about/privacy.html.

This website is intended for use only by persons over the age of 13. The Conservancy does not seek to collect information about children under the age of 13. If you are under 13 years of age, please do not use or access this website at any time or in any manner. By using the website, you affirm that you are over the age of 13.

This website contains links and references to other Internet sites, which are provided for informational purposes only. Such links do not imply an endorsement by the Conservancy of these organizations or the content of the websites.

Please note that when you click on one of these links, you are entering another website for which the Conservancy has no responsibility. We encourage you to read the terms of use and privacy statements on all such sites as their policies may be different than ours.

THE CONSERVANCY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THIS WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THIS WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THIS WEBSITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE CONSERVANCY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

THE CONSERVANCY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS WEBSITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. THE CONSERVANCY WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend and hold the Conservancy and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with this website; or (iii) your Submitted Materials.

We may terminate or restrict your use or access to this website (or any part thereof) for any reason, including, without limitation, that the Conservancy believes you have violated or acted inconsistently with the letter or spirit of these Terms, or any other terms, conditions or rules contained within this website.

The Conservancy makes no representation that the content on this website is appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The Conservancy may provide notices of changes to these Terms or other matters by displaying notices or links on this website.

By choosing to visit this website or otherwise provide information to the Conservancy, you agree that any dispute over your use of this website or these Terms will be governed by the laws of the State of California. You also consent to the adjudication of any disputes arising in connection with our website in the state and federal courts of San Francisco County in the State of California.

If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Please report any violations of these Terms to the Conservancy by sending an email to [email protected]. If you have any questions or complaints regarding these Terms, please submit your questions or complaints to [email protected]. We will endeavor to respond to you promptly.

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