Park Reference Terms of Use
Definitions used:
"We", "Us", "MMT", "Master Mind Technologies", "Park Reference", "Our", all refer to Master Mind Technologies, its owners, administers, predecessors, successors, and any and all affiliated products and services provided by, or serviced by Master Mind Technologies and/or ParkReference.com.
"You", "I", "Your" all refer to the end user of the products and services provided by "us".
"Product", "Services" or a conjunction thereof refers to the site, application, or otherwise executable code designed for utilization by an end user. "Products" and "services" refer to all products and services encapsulating the freeware, shareware, and paid application.
"You" are solely liable for ensuring that you may legally download, operate, transmit, receive, or otherwise interact with the products and services provided by "Us". "You" agree that programs and services may not be used in those countries that are prohibited by United States Government legislation.
"You" agree that this software is provided as-is without warranty. These warranties include, but are not limited to fitness for a particular purpose (implied or otherwise) including merchantability.
"You" agree that by installing products or services from "us" that you are doing so at your own risk. Any damage to data, equipment, or others data or equipment through the use of this product or service is deemed "your" liability.
"You" agree not to use "our" products in the act or commission of any crime. This phrase encapsulates such items as gaining access to, or modifying data to which "you" aren't privileged. "You" may not use the products or services to commit any crimes such as stalking, harassment, or other nuisances or threats to others, including but not limited to others benefiting from this service.
"You" agree not to interrupt/dissuade/harass other users of this network. "You" may not interfere with their usage.
"We" may change this agreement at any time, with or without notice to you. Changes become immediately effective.
"You" may not reverse-engineer, decompile, replicate, alter, or duplicate this product or service on any electronic storage system or other records keeping system.
"You" agree you will not use this product or service for personal gain, including but not limited to advertising, soliciting, or otherwise detracting from the goals or implied goals of such a product or service.
"You" understand that your rights under this contract may be revoked at any time with or without notice to "you".
"We" reserve the right to remove this product, service, or other related services (such as cookies on web pages) at any time with or without notice to "you".
"You" understand that this contract may or may not be standalone, and is complementary to any appendix or presiding contractual agreements contained in our products or services.
"You" agree, upon finding a hole, loophole, or other undesired executable situation (I.E. Bug in our code, or unknown or unresolved potential problem) that you will keep the information confidential from all other peers with exception to affiliates or personnel representing "us". In addition, "you" agree to dutifully attempt to notify, and provide conditions, of any situation arising from such problems and how they were generated to "us".
"You" agree that images, animations, code, text, interface styles, and other elements of our products or services that are not licensed as open-source are held sole proprietary property of "us". Any duplication, modification, re-license, resale, or other modification or derivative works without written consent from "us" violates copyright and/or intellectual property and/or trade secret rights of "us" and will be prosecuted to the fullest extent applicable under law.
"You" understand as the products and services were rendered in Illinois, United States of America, that any arbitration resulting from any reason regarding our products or services will be held under Illinois law and carried out in an Illinois court.
"You" agree that you will cover any fees incurred to "us" during any arbitration, including but not limited to reasonable attorney"s fees.
"You" agree that you will not post/submit/or cause to be visible any copyrighted or protected data on this site. In addition, vulgar, pornographic, or offensive content is strictly prohibited for submission on this site.
"You" agree that you are of legal age to view any explicit content this site may have, or may link to; also "you" agree that "you" are of legal age, and in a jurisdiction which allows you to accept said agreement, clauses, sub-clauses, or future relevant documents.
Our site track page loads and activities while on our site. "You" agree that "we" may display the last accessed time, or an approximation thereof on "our" site to aid in social networking.
"You" may send and recieve messages, and other notifications from the site and other members. "We" do not direct any messages to a private E-Mail box, and only require it to keep duplicate accounts down. "You" agree that "you" would like to recieve messages and other communications from "our" members and administrators.
Thank you for using Park Reference.com (the "Web Site") which is provided by Master Mind Technologies (the "Company"). This page states the terms and conditions (the "Terms" or the "Agreement") under which you may use the Web Site. Please read this page carefully. By accessing the Web Site you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated here, do not use the Web Site. The Company may, in its sole discretion, modify or revise these Terms at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
Use of Material
The contents of this Web Site, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks and other material ("Material") are protected by copyright and other laws in both the United States and elsewhere. The Material includes both content owned or controlled by the Company and content owned or controlled by third parties and licensed to the Company.
The Company authorizes you to view and download a single copy of the Material on the Web Site solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the written permission of the Company. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this Agreement by reference.
If you would like information about obtaining the Company's permission to use any of the Material on your Web site, e-mail or, if you would like to link your web site to the Web Site.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
No Warranties
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMMPLIED. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
MUCH OF THE MATERIAL ON THE WEB SITE IS PROVIDED BY THIRD PARTIES AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL.
Limitation of Liability / Disclamer of Damages
Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, the Company's Privacy Policy, or other policies, your sole remedy is to discontinue use of the Web Site.
IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Communities - General
The Web Site, among other things, contains certain discussion forums, ratings, comments, bulletin board services, chat areas, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities (collectively, "Communities"). Much of the content of the Communities, including without limitation the descriptions for many Communities and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Community or the person posting in that Community. The Company has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, COMMUNITIES MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING COMMUNITIES.
Permitted Uses
You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Communities only to send and receive messages and material that are legal, proper and related to the particular Community. By way of example, and not as a limitation, you agree that when using a Community, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information. Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material. Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertise or offer to sell any goods or services for any commercial purpose, other than in Communities intended for such uses.
Conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Communities intended for such uses. Download any file Posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained in a file that is Posted. Restrict or inhibit any other user from using and enjoying the Communities. Post multiple ratings or comments for the same item.
No Obligation to Monitor
The Company does not control the information delivered to the Communities, and the Company has no obligation to monitor the Communities. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in the Company's sole discretion.
No Endorsement.
The Company does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications Posted in the Communities or endorse any opinions expressed in the Communities. You acknowledge that any reliance on material Posted in the Communities will be at your own risk.
Company's Rights
If the Company discovers communications which allegedly do not conform to any term of this Agreement, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The Company will have no liability or responsibility for performance or non-performance of such activities. The Company
reserves the right to terminate or restrict your access to any or all of the Communities at any time without notice for any reason whatsoever. You acknowledge that some Communities available through the Web-Site are available only through the Web Site and others are available both through the Web Site and other sources, such as Usenet, over which the Company has absolutely no control.
Privacy
You acknowledge that all Communities are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any Community. The Company does not control or endorse the content, messages or information found in any Community and, therefore, the Company specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Generally, any communication which you post to the Web Site (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular Web pages permit the submission of communications that will be treated by the Company as confidential, that fact will be stated on those pages. For more information see the Company's
Privacy Policy.
License Grant
By posting communications on or through the Web Site, you automatically grant the Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, 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, and to sublicense such rights through multiple tiers of sublicensees.
Copyright Infringement and Copyright Agent
Copyright Agent:
DMCA at parkreference dot com
The Company may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Web Site that infringes on the rights of others.
If you believe that your work has been used on the Web Site in a manner that constitutes copyright infringement, please provide the Company's Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, and email address; 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; a link or links to the infringing content; a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
External Linking
The Web Site contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company 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 Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, 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 (including Software) or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably 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 the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
General
The Company makes no claims that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
Arbitration
This Company is headquartered in Chicago, Illinois. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of Illinois. By using this Web Site, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Web Site is the United States District Court for Will County, or if such court lacks subject matter jurisdiction, the Supreme Court of the State of Illinois, Will County. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
Severability
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. Except as expressly provided in a particular "Legal Notice" for Software or material on particular web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.
Content Guidelines
This list does not encompass all materials that we may deem inappropriate for Park Reference, and may be changed at any time with or without notice to you.
- Explosives (such as TNT), Bombs(such as Pipe, Works), Ignition devices (such as Napalm)
- Endangerment of life such as that involved in animal cruelty, injury, loss of life or limb.
- Criminal acts
- Pornography, gross imagery or otherwise explicit content in images, text, or audio formats.
- Copyrighted, trademarkes, propitary, trade secret, or otherwise protected information.
Transimissions to/from the site in this fashion will be removed by the Park Reference staff. Failure to respect this policy may also involve punishments such as account restrictions, up to and including account removal.
Photo and Image Uploads
Park Reference is not a file-sharing site. You're welcome to link people to your photo gallery, however using the photo gallery feature as a photo sharing site is not allowed.
Using the image upload feature as a photo sharing system may result in image deletion up to and including account deletion.
The images uploaded must abide by this agreement.
Last Update: March 21, 2009 | Revision A