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Terms of Use

This Terms of Use Agreement (the Agreement) is a legal agreement between you and the San Francisco Parks Alliance (“SF Parks Alliance”, “we”, or “us”), governing your use of SF Parks Alliance’s websites, sanfranciscoparksalliance.org and sfpamain.wpenginepowered.com (the “Websites”). By using or accessing the Websites or downloading materials from the Websites, you agree to be legally bound by this Agreement.

Last Updated: January 12, 2022

Updates to this Agreement

We may revise or otherwise change or update this Agreement. Please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. Changes will become effective immediately after they are posted. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically review this Agreement to see if there have been any changes that may affect you. If you do not agree to this Agreement as modified, then you must discontinue your use of the Websites. Your continued use of the Websites will signify your continued agreement to this Agreement as it may be revised from time to time.

Authorized Use

While using the Websites, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Websites for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Websites or any other user’s use of the Websites. In addition, we expect users of the Websites to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:

  • Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Websites any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
  • Reproduce, duplicate, or copy any portion of the Websites, except as authorized by this Agreement;
  • Sell, resell, or otherwise exploit for any commercial purposes any portion of the use of or access to the Websites without the prior written consent of SF Parks Alliance;
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Websites, or express or imply that we endorse any statement you make;
  • Remove any copyright, trademark, or other proprietary rights notice from the Websites or materials originating from the Websites;
  • Violate or attempt to violate the security of the Websites;
  • Disseminate on the Websites any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;
  • Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Websites or to collect any information from the Websites or any other user of the Websites; or
  • Assist or permit any persons in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the Websites.

Intellectual Property Rights

All content (“Content”) available through the Websites is protected by copyrights, trademarks, or other proprietary rights and laws.

You may use Content purposely made available by us for public use, provided that you (a) keep intact all copyright and other proprietary notices, (b) do not copy or post such Content on any networked computer or broadcast it in any media, (d) make no modifications to the Content, and (e) do not make any additional representations or warranties relating to the Content on behalf of SF Parks Alliance.

Except as set forth herein or otherwise agreed in writing by SF Parks Alliance or other rights owner(s), the use of any Content available on the Websites is strictly prohibited.

Any rights not expressly granted herein are reserved.

User-Submitted Information

You are responsible for any Content you transmit through our Websites. You agree, represent, and warrant that any Content you transmit through our Websites or to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Content. You shall not upload, post, or otherwise make available on or through the Websites any Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission.

We do not want you to, and you should not, send any confidential or proprietary Content to us unless specifically requested by us. Please note that any unsolicited Content sent to SF Parks Alliance will be deemed not to be confidential or proprietary.

You also agree that SF Parks Alliance is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose.

Changes to the Websites

We may make improvements and/or changes to the Websites, add new features, or terminate the Websites at any time without notice. We also: (a) reserve the right (but have no obligation) to change the Content or other offerings on the Websites, at any time and from time to time without any notice or liability to you or any other person; and (b) do not warrant that information on the Websites are accurate, complete, reliable, current, or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Third Party Content

Any information, statements, opinions, or other Content provided by third parties and made available on our Websites are those of the respective author(s) and not SF Parks Alliance. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any information, statement, opinion, or other Content on our Websites other than from an authorized SF Parks Alliance representative acting in his or her official capacity. Under no circumstance will SF Parks Alliance be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.

SF Parks Alliance may provide on the Websites, solely as a convenience to users, links to websites operated by third parties. If you use these links, you will leave our Websites. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. SF Parks Alliance does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that SF Parks Alliance is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo, or copyright symbol of SF Parks Alliance.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

Social Media Pages

SF Parks Alliance may maintain a presence on social media websites, including Facebook, YouTube, Instagram, and Twitter (collectively, Social Media Pages), to provide a place for the public to learn more about SF Parks Alliance and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of SF Parks Alliance. All visitors to our Social Media Pages must comply with the respective social media website’s Terms of Use. We review some but not all postings to our Social Media Pages, and may remove postings that we determine are inappropriate or offensive.

If you believe that any Content on the Websites infringes upon any copyright which you own or control, you may contact us at development@sfparksalliance.org.

Other Policies and Terms

This Agreement applies exclusively to your access to, and use of, the Websites and does not alter in any way the terms or conditions of any other agreement you may have with SF Parks Alliance. Additional policies and terms may apply to use of all or portions of the Websites and are incorporated by reference into this Agreement. Please refer to and review all additional specific terms and conditions as applicable, including SF Parks Alliance’s Privacy Policy.

Termination

The Websites and this Agreement are in effect until terminated by SF Parks Alliance. In addition to any right or remedy that may be available to SF Parks Alliance under applicable law, SF Parks Alliance may suspend, limit, or terminate all or a portion of your access to the Websites or any of its features at any time with or without notice and with or without cause, including without limitation, if SF Parks Alliance believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.

You agree that if your use of the Websites is terminated pursuant to this Agreement, you will not attempt to use the Websites under any name, real or assumed. You further agree that if you violate this restriction after your use of the Websites is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Child Privacy

If you are under the age of 13, please do not use or access the Websites. It is not our intention to collect or use personal information from anyone under 13 years of age, and we will not knowingly do so. If we are made aware that we have collected any personal information from children under the age of 13, and are asked to delete such information from our databases, we will promptly do so.

Disclaimer of Warranty

SF Parks Alliance does not guarantee, represent, or warrant that your use of the Websites will be uninterrupted and you agree that from time to time SF Parks Alliance may suspend a Websites for indefinite periods of time for technical maintenance, upgrades, or other reasons.

SF PARKS ALLIANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE WEBSITES OR ANY OTHER WEBSITE LINKED TO OR FROM THE WEBSITES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITES IS DONE AT YOUR OWN RISK. THE CONTENT OF THE WEBSITES 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, SF Parks Alliance DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Limitation of Liability

SF PARKS ALLIANCE AND EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, THE RELEASEES) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITES, THE WEBSITES CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURES. THE RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF THEY 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.

Indemnity

You agree to indemnify, defend and hold harmless SF Parks Alliance and its directors, officers, employees, agents, and contractors 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 (a) your breach of any provision of this Agreement; (b) your activities in connection with the Websites; or (c) unsolicited information you provide to SF Parks Alliance through the Websites.

If you provide us with a telephone number, address, or email address, you expressly agree that we, or our authorized agents, can use that telephone number, address, or email address to contact you.

When you use the Websites or send emails to SF Parks Alliance, you are communicating with SF Parks Alliance electronically. You consent to receive electronically any communications related to your use of the Websites. We may communicate with you by email or by posting notices on the Websites. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from SF Parks Alliance intended for receipt by a user shall be deemed delivered and effective when sent to the email address you provide on the Websites.

Effect of Invalidity

In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective.

Waivers

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

International Users

The Websites is controlled, operated, and administered by SF Parks Alliance (or its licensees) from its offices within the United States of America and is not intended to subject SF Parks Alliance to the laws or jurisdiction of any state, country, or territory other than that of the United States. SF Parks Alliance DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Websites do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules, and other laws of applicable jurisdictions.

Choice of Law

You agree that any dispute in connection with the Websites, this Agreement, or the Privacy Policy will be governed by the laws of the state of California. You also consent to the adjudication of any disputes arising in connection with the Websites in courts located in the state of California.

Contact

If you have questions about this Agreement, or if you have technical questions about the operation of the Websites, please contact us via email at development@sfparksalliance.org or by phone at 415.621.3260.