Terms and Conditions
2. Use of Material
The contents of this Web Site, such as text, graphics, images and other material (“Material”), are owned by Park Designs and its affiliates, licensors and vendors, and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. Park Designs authorizes you to view and download a single copy of the Material on the Web Site solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. 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. You may not use the Material on any other web site or in a networked computer environment for any purpose. You may not copy or adapt the HTML or other code that Park Designs uses to generate its pages. You may not, without the prior written permission of Park Designs, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm, or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the pages, data, or content found on the Web Site or accessed through the Web Site.
3. Acceptable Site Use General Rules
You may not use the Web Site to transmit, distribute, store, or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, or hateful. Security Rules: You may not violate or attempt to violate the security of the Web Site or use the Web Site to violate the security of other web sites by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing,” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Park Designs packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Park Designs may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Web Site who are involved in such violations. Specific Prohibited Uses: Park Designs specifically prohibits any use of the Web Site, and you agree not to use the Web Site, to:
- distribute or otherwise publish, without Park Designs’ approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
- solicit other users of the Web Site to join or become members of any commercial online service; or
- delete or revise any material posted by any other person or entity.
4. User Information
5. User Submissions
If you use the Web Site, you are responsible for your own communications and the consequences of your postings. In addition, you shall not:
- 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 or statement;
- post advertisements or solicitations of business without Park Designs’ approval;
- post chain letters or pyramid schemes; or
- impersonate another person.
6. Registration and Password
You are responsible for maintaining the confidentiality of your information and any password. You are responsible for all uses of your registration, whether or not authorized by you. You shall immediately notify Park Designs of any unauthorized use of your Information, registration, or password.
7. Park Designs’ Liability
The Material may contain inaccuracies or typographical errors. Park Designs makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Web Site at anytime without notice. PARK DESIGNS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PARK DESIGNS IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PARK DESIGNS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. PARK DESIGNS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.
8. Disclaimer of Consequential Damages
IN NO EVENT WILL PARK DESIGNS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) 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 PARK DESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Links to Other Sites
To the extent the Web Site contains links to third party web sites, such links are provided solely as a convenience to you and not as an endorsement by Park Designs of the content on such third-party web sites. Park Designs is not responsible for the content of any 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 sites, you do so at you own risk.
10. Limitation of Liability
The aggregate liability of Park Designs to you for all claims arising from the use of the Materials or any other use of the Web Site is limited to $10.
If you breach any of these Terms, Park Designs reserves the right, at its sole discretion, to immediately terminate your registration with, or ability to access, the Web Site, any Material, and/or any other service provided to you by Park Designs.
You shall defend, indemnify, and hold harmless Park Designs, its affiliates, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees (whether incurred as the result of a third-party claim or a claim to enforce this Term), alleging or resulting from your use of the Material or the Web Site or your breach of any of these Terms. Park Designs will notify you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit, or proceeding.
Park Designs makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web 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. These Terms are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction of any claims arising under these Terms will lie exclusively with the state or federal courts within Rochester, New York. If any Term is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in an end user software license, or in a “Legal Notice” or other statement by Park Designs on the Web Site, these Terms constitute the entire agreement between you and Park Designs with respect to the use of Web Site.
14. Social Media Terms & Conditions
All users agree to the following terms: (1) Park Designs shares, posts, and content may or may not be accurate, complete, reliable or up to date; (2) You read and follow our social handles at your own risk; (3) Any content posted on our platforms by fans will not violate any law or regulation including, without limitation, copyright, trademark, privacy or publicity rights; (4) And contend we are tagged in or posted on our platforms will not contain obscene or profane language.
You are responsible for all content posted to our social handles, and Park Designs will not take responsibility for you. Park Designs has the right to review and remove any content for any reason we see fit. All content that violates against us or our Terms and Conditions will be removed. For any pictures, videos and/or posts share with us or on our social handles are granting Park Designs the permission to use, copy, modify, adapt, publish and repost such content on our own social media handles. Do not post or share any content that you do not wish for Park Designs to re-share. Additionally, you allow Park Designs to “tag” the username and/or the handle associated with the post.
Additionally, specific areas on our website may allow you to share or repost Content on your personal social media handles. You are permitted a limited license to display the Content as directed. You have no other title to the Content posted by Park Designs.