These terms of use (“Terms”) govern your use of this website and any other website, application, or other service on which these Terms appear (collectively, the “Website”). The term “you” refers to you individually and, if applicable, your employer. If you use the Website, you agree, on behalf of yourself and your employer (if applicable), to be bound by these Terms just as if you and your employer (if applicable) had signed a copy of these Terms.
You should read the Terms carefully prior to your use of the Website, and if you do not agree with or wish to be bound by these Terms, you should not make any further use of this Website and should log off of this Website immediately.
Ownership and copyright
This Website is owned and operated by Pease Park Conservancy (“we” or “us”). This Website contains trademarks, service marks, logos, copyrights, and other intellectual property, including, without limitation, text, data, graphics, audio, video, charts, pictures, photographs, images, line art, concept art, icons, renditions, maps, depictions, drawings, elevations and floor plans, and other information (collectively, the “Website Content”) owned by or licensed to us. We or our licensors are the sole owners of all Website Content, including, without limitation, all copyrights, trademarks, service marks, and other intellectual property rights thereto. You acknowledge that your use of the Website and the Website Content is limited to the terms of the license, and all other terms and conditions, set forth in these Terms.
The Website and the Website Content is the valuable, exclusive property of us and our licensors, and nothing in this agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. Except as expressly permitted herein, you may not copy, adapt, distribute, commercially exploit, or publicly display the Content or any portion thereof in any manner whatsoever without our prior written consent. You may not remove, alter, or obscure any copyright, legal, or proprietary notices in or on any portions of the Website or the Website Content.
Trademarks and Service Marks
The Website may contain trademarks and service marks that belong to us and to third parties. These trademarks and service marks are the property of their respective owners, and you may not use any such marks without prior express written permission of their respective owners. As described further below, you agree to indemnify, defend, and hold us harmless from any claim or suit brought by a third party due to your use of these marks without the permission of the proper party or parties.
License
The Website Content is provided to you under a limited, non-exclusive, revocable, non-transferable license to access, view, and use the Website, including the Website Content, subject to any access restrictions we may establish from time to time. You may download, view, copy, and print the Website Content solely for your personal use, and only if you attribute ownership and authorship to us. Your use of the Website and Website Content is limited by the restrictions on use provided below.
General Prohibitions on use
Notwithstanding the license granted above, you may not do any of the following in connection with your use of the Website:
resell, redistribute, broadcast, or transfer the Website Content or use the Website Content in a searchable, machine-readable database or file except with our express written consent;
rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, transmit, share, disseminate, adapt, modify, create derivative works, mine, harvest, collect, store, or time-share the Website, any part thereof, or any of the Website Content received or accessed therefrom to or through any person or entity;
use the Website Content for any purpose which a) is inconsistent with the business purpose of this Website, b) is for any commercial transaction unrelated to the business purpose of the Website, c) facilitates competition with the Website, d) makes commercial use of the Website for the benefit of a person other than us or our affiliates, or e) violates applicable United States or international law;
access any restricted or password-protected area of the Website without our authorization;
collect or store personal data about other users;
impersonate any other person or organization, including without limitation, our personnel, or misrepresent an affiliation with another person or organization;
access the Website using non-human software or other automated tools, including bots, web crawlers, “spiders,” or any screen scraping tools;
upload, post, reproduce, distribute, or transmit any information or material through the Website which a)infringes the rights of others, contains personal information about any individual, or violates their privacy or publicity rights, b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent, or otherwise objectionable, c) infringes on the copyright, trademark, or other proprietary right without the express written permission of the owner of such right, d) constitutes any advertising or promotional materials or any other form of solicitation or unauthorized communication that is not for the sole benefit of us or our affiliates, or e) contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Website or any computer software or hardware or telecommunications equipment.
Changes to Terms and Website; Entire Agreement
We reserve the right to change these Terms from time to time. Such changes may include without limitation discontinuance of functional aspects of the Website. If we make changes, we will let you know by posting the changes on the Website. Your use of the Website after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
We may, in our sole discretion and at any time, discontinue the Website or any part thereof, or prevent your use of the Website, with or without notice to you. You agree that you do not have any rights in the Website and that we will have no liability to you if the Website is discontinued or your ability to access the Website or any content you may have posted on the Website is terminated.
These Terms and any other legal terms found elsewhere on this Website are the entire agreement between you and us with respect to your use of the Website, and supersede any and all other understandings or agreements, written or oral, regarding your use of the Website.
passwords
Certain areas of the Website may require a password, which we may provide to you. Whether we provide you with a password or you create your own, we will not share your password with anyone. It is your responsibility to keep your password confidential and secure. You also should take care to log off (close your browser) after using your password on the Website. You are responsible for all interactions that occur on the Website using your password, regardless of whether such actions were authorized. You agree not to seek access to any portion of the Website to which you are not authorized to access.
DMCA and infringement claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe in good faith that materials on the Website infringe their rights. If you believe that materials on the Website infringe your copyright, you or your agent may send us a notice requesting that we remove or block the material. Notices must meet the requirements of the DMCA. Notices may be sent to us at: 1609 Shoal Creek Blvd, Suite 305, Austin, TX 78701. There are penalties for false claims under the DMCA.
Indemnification
You agree to release, indemnify, defend, and hold us, our officers, employees, and website contractors and each of their officers, employees, and agents (the “Indemnified Parties”) harmless from any claims, damages, and expenses, including reasonable attorneys’ fees and costs, that arise out of, are related to or in connection with a) these Terms or your access or use of the Website or b) your violation of these Terms or which arises from the use of User Content you submitted, posted, or otherwise provided to us or the Website, in each case, even if caused, in whole or in part, by the joint, sole, or concurrent negligence, willful misconduct, strict liability or other fault, whether passive or active, of any person or entity, including any of the Indemnified Parties.
No Warranties; No Liability For Special Damages
We try our best to provide accurate and up-to-date information, but information on the Website may not always be accurate or up to date. We do not warrant the accuracy and completeness of any information, text, graphics, links, or other materials on this Website. We make no warranty about the reliability of our Website. For these reasons, you acknowledge and agree that the Website and the Website Content are provided to you on an “as is” and “with all faults” basis. We and our licensors expressly disclaim any and all warranties, whether express, oral, implied, statutory, or otherwise, including without limitation any implied warranty of fitness for a particular purpose or merchantability, or any implied warranties of title or non-infringement. Further, we and our licensors make no representations or warranties that the Website or the Website Content will meet your requirements or are suitable for your needs. Under these Terms, you assume all risks of errors and/or omissions in the Website and the Website Content, including the transmission or translation of the Website Content. You hereby assume all responsibility, by whatever means you deem most appropriate for your needs, for detecting and eradicating any virus or similarly harmful content.
We shall not be liable for any exemplary, punitive, special, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits whether or not advised of the possibility of damages, and on any theory of liability, arising out of or in connection with your use of the Website or any Website Content. The information on this Website may change without notice.
No Endorsements of Others; Linking to Others’ Websites
We may reference other companies on the Website. The Website may contain references to products of other companies and links to other websites, including websites of companies and persons that are unaffiliated to us. These Terms do not apply to those websites. The links to those websites are provided for your convenience only. We do not necessarily warrant or endorse the companies, products, services, information, or programs associated with these websites. Similarly, we do not warrant or endorse any companies, persons, or products that appear on the Website that are not directly affiliated with us.
The Website may be linked to other sites which are not maintained by us. Your use of such other sites is at your own risk. We are not responsible for the content of or privacy or other policies governing those sites. We disclaim any liability for links: a) from another site to the Website and b) to another site from the Website.
Linking to our Website
If you want to link to the Website, you may not link in any manner reasonably likely to a) imply affiliation with or endorsement or sponsorship by us or our affiliates without permission, b) cause confusion, mistake, or deception, c) dilute our trademarks, service marks, or other intellectual property, or d) otherwise violate state or federal law.
Jurisdiction
The laws of the State of Texas shall govern these Terms and your use of the Website. The state courts in Travis County, Texas or the United States District Court, Western District of Texas, will resolve any disputes arising out of your use of the Website or any Website Content, or any interaction with us involving the Website.
Privacy Policy
We encourage you to read our Privacy Policy, which describes how we use your information.
Questions
If you have any questions about these Terms or the Website, please contact us by email at info@peasepark.org.
Miscellaneous
These Terms operate to the fullest extent permissible by law. Accessing materials on the Website by certain persons in certain countries may not be lawful, and we make no representation that materials on the Website are appropriate or available for use in all jurisdictions. If you choose to access the Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. The Website may have visitors from various states in the United States and other countries. It may contain references or cross-references to certain of our programs and services that are not available in your jurisdiction. These references do not mean that we will make such products, programs, or services available to residents in your state. Our website is not intended as a solicitation to you.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
These terms were last revised on September 19, 2022.