Terms and Conditions of Use
Terms and Conditions last revised February 6, 2014.
Please read these terms and conditions carefully before using this Save Sunnyvale Parks & Schools website (“this site,” “our site”).
By using this site, you are accepting these Terms & Conditions of Use (“Terms & Conditions”). If you do not agree to these Terms & Conditions, please do not use our site. The Save Sunnyvale Parks & Schools reserves the right to modify or amend these Terms & Conditions from time to time without notice. If you continue to use our site after we post changes to these Terms & Conditions, it will mean that you accept those changes.
If you are under 18 years of age, do not use this site unless you are an emancipated minor or have legal parental or guardian consent to accept these Terms & Conditions and are fully able to abide by them. This Save Sunnyvale Parks & Schools does not knowingly collect information from children under the age of 13. If you are under 13, please don’t submit any personally identifiable information to the Save Sunnyvale Parks & Schools on this site.
Use of Materials on this Site
It is in keeping with the Save Sunnyvale Parks & Schools’s mission to encourage public discourse and activism regarding conservation of the natural environment. Accordingly, unless particular Materials are specifically restricted as noted on the web page, it is the Save Sunnyvale Parks & Schools’s policy to allow limited reproduction and distribution of the Materials posted on our site as follows: You may copy, reproduce and distribute content from this site provided that: (1) the particular article or section is reproduced in its entirety in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark and other proprietary notices; (2) all copies include a statement that the Material was reproduced from a Save Sunnyvale Parks & Schools website with permission of the Save Sunnyvale Parks & Schools; (3) all copies include the following notice “© 2014 Save Sunnyvale Parks & Schools. All Rights Reserved.”; (4) the copies are distributed only for the non-commercial educational or public policy purposes of promoting conservation of the natural environment; and (5) the copies are distributed at no charge, or at most, at actual cost. Provided you comply with all of these conditions, the Save Sunnyvale Parks & Schools grants you a non- exclusive, nontransferable license to use the Materials on our site.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the Materials on our site, without prior written authorization from the Save Sunnyvale Parks & Schools. To request such permission, send and email to email@example.com
Save Sunnyvale Parks & Schools, its logo and all other names of Save Sunnyvale Parks & Schools programs referenced herein are registered or common law trademarks of the Save Sunnyvale Parks & Schools. In no event may Save Sunnyvale Parks & Schools trademarks be reproduced separately from the textual content associated with them on the site. Unauthorized use of any Save Sunnyvale Parks & Schools trademark, service mark or logo may be a violation of federal and state law.
If you download software from this site in order to use the Materials as authorized above, the software, including any files, images, audio or video clips incorporated in or generated by the software, and data accompanying the software (collectively, “the software”) is licensed to you by the Save Sunnyvale Parks & Schools. The Save Sunnyvale Parks & Schools does not transfer the title to you. You own the medium on which the software is recorded, but the Save Sunnyvale Parks & Schools retains full title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
Your User Submissions to this Site
Save Sunnyvale Parks & Schools does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Save Sunnyvale Parks & Schools expressly disclaims any and all liability in connection with User Submissions.
Users should be aware that your User Submissions are public, not private communications. When you voluntarily disclose personal information through your User Submissions, that information can be collected and used by others and may result in unsolicited messages from other people.
You agree that your User Submissions will comply with our Community Guidelines, below.
By submitting User Submissions to this site, you hereby grant Save Sunnyvale Parks & Schools an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User Submission (or any portion thereof) in perpetuity, and the Save Sunnyvale Parks & Schools may sublicense all or part of its rights under this license or assign them to third parties.
By submitting User Submissions to this site, you represent and warrant that the User Submissions is your original work, that the User Submission does not violate any agreement between you and a third party, and that the User Submission shall not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity. You agree that you will, at your own expense, defend, indemnify, and hold harmless the Save Sunnyvale Parks & Schools and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys’ fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.
Save Sunnyvale Parks & Schools may refuse or remove any User Submission that, in its sole judgment, violates these Terms & Conditions. Save Sunnyvale Parks & Schools has the right, but not the obligation, to monitor this site for inappropriate content. You are solely responsible for any User Submission you post on this site.
You agree not to submit, upload or post any User Submission to this site which (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, harmful to minors, or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone’s copyrights, patents, trade secrets, trademarks, trade names or other proprietary right of a third party, or would otherwise give rise to civil liability; (3) falsifies or deletes author attributions, legal notices or other proprietary designations; (4) violates any law or regulation; (5) constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (6) contains viruses, corrupted files, or other materials that may cause damage to another’s computer, (7) advertises or otherwise solicits funds or sales of goods or services, or which disseminates any junk mail, spam, chain letters, schemes or other form of such solicitation, (8) is false, deceptive, or misleading; (9) impersonates any person or entity including, but not limited to, a Save Sunnyvale Parks & Schools employee or leader, or falsely states or otherwise misrepresents your affiliation with a person or entity; or (10) violates an applicable U.S. or foreign law, treaty, regulation or convention related to privacy, publicity, data protection, electronic communications or anti-spamming.
Notice of Claims for Copyright Infringement
Please provide us with the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our website, with enough detail that we may find it on the website;
- Your address, telephone number, and email address;
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- The electronic signature of the person authorized to act on behalf of the copyright owner of the work that is allegedly infringed.
Send the written communication to the following address: firstname.lastname@example.org
Account Registration and Security
Warranty Disclaimer and Limitation of Liability
IN NO EVENT SHALL SAVE SUNNYVALE PARKS & SCHOOLS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SAVE SUNNYVALE PARKS & SCHOOLS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE SAVE SUNNYVALE PARKS & SCHOOLS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT YOU HAVE ANY DISPUTE WITH ONE OR MORE OTHER USERS OF THIS SITE, YOU RELEASE SAVE SUNNYVALE PARKS & SCHOOLS, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
THE FOREGOING WARRANTY DISCLAINER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL SURVIVE THESE TERMS & CONDITIONS AND YOUR USE OF THIS SITE.
You agree that this site shall be deemed solely based in California, and that this site shall be deemed a passive website that does not give rise to personal jurisdiction over Save Sunnyvale Parks & Schools, either specific or general, in jurisdictions other than California. These Terms & Conditions shall be governed by and construed according to the laws of the state of California, as they are applied to agreements entered into and to be performed entirely within California. Any claim or cause of action arising out of or relating to this site shall be barred permanently unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in the Northern District of California, and you consent to jurisdiction of such courts for the purpose of litigating such actions.
Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.
This is the entire agreement between us relating to your use of this site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by the Save Sunnyvale Parks & Schools.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be assigned by you, but may be assigned by Save Sunnyvale Parks & Schools without restriction.
The Save Sunnyvale Parks & Schools has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user’s account for violations of these Terms & Conditions, including without limitation the right to terminate a user’s account for repeat infringements of copyrighted material. In addition, Save Sunnyvale Parks & Schools reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions.