Terms of Services, Interaction Agreement
Effective: December 31, 2019
Effective: 31 January, 2020, Updated 31 December, 2020 (in respect of the United Kingdom, if determined applicable to us)
PLEASE NOTE: PARKSBERRY DOES NOT PRESENTLY DIRECT ITS ACTIVITIES TO (AND/OR INTEND ITS SERVICES FOR): (I) ANY MEMBER STATE OF THE EU, EEA, EFTA AND SWITZERLAND; AND/OR ANY LOCATION SUBJECT TO (OR INCORPORATING INTO ITS JURISPRUDENCE) EU LAW AND/OR THE STATE OF CALIFORNIA AND/OR THE STATE OF NEVADA, UNITED STATES OF AMERICA (WE REFER TO EACH AS A “NOT-TARGETED LOCATION“), AND/OR (II) ANY NATURAL LIVING PERSON, IDENTIFIABLE LIVING PERSON, DATA SUBJECT, CITIZEN, RESIDENT, CONSUMER, ENTITY THEREOF (WE REFER TO EACH AS A “NOT-INTENDED ACCESSOR“). IF YOU BELIEVE ANY OF THESE APPLY TO YOU, PLEASE DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO (OR ON) ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY PARKSBERRY SERVICE OR PRODUCT, AND DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
IMPORTANTLY, THE “ARBITRATION AGREEMENT” SECTION FURTHER BELOW CONTAINS PROVISIONS THAT REQUIRE: (I) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND PARKSBERRY UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (II) YOU AND PARKSBERRYWAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW THE ARBITRATION AGREEMENT. BY ACCESSING, USING ANY SERVICES (AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO, OR ON, ANY DEVICES), AND/OR ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT, AND/OR INTERACTING WITH PARKSBERRY, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
PLEASE NOTE OUR TERMS IN CONNECTION WITH THE USE OF “ANONYMIZING TECHNOLOGIES“.
BY ACCESSING, USING ANY SERVICES, AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO (OR ON) ANY DEVICES, AND/OR ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT, AND/OR INTERACTING WITH PARKSBERRY AND/OR IN BUSINESS WITH US), YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS TERMS OF SERVICES, INTERACTION AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS TERMS OF SERVICES, INTERACTION AGREEMENT, DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO (OR ON) ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY PARKSBERRY SERVICE OR PRODUCT, AND DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
Application and Acceptance of this Terms of Services, Interaction Agreement including Arbitration of Disputes
Not-Targeted Location, Not-Intended Accessor
Anonymizing Technologies
Age Eligibility and Legal Capacity
Services
Registration and Security, Accuracy of Your Information
Access to Services
Access of Services Outside the United States of America
Termination
Privacy Statement
Third Party Suppliers
Third Party Services and Links, Third Party Direct Advertisements, Sponsorships
Third Party Services’ Interoperabilities With Services
Fees Charged For Services
Purchasing Services or Products
Content, Parksberry Content Limited License
Content: User Content, User Content-Messages, Restrictions on Use of Services
Parksberry Reserved Rights
User Content on Forums
Your Proprietary Rights in and License to Your User Content
Your Exposure to Others’ User Content
User Disputes
Content: Informational Content, Advanced Services
Availability of and Modification to User Content, Content, Services
Copyright Infringement
Trademarks, Intellectual Properties and Rights
Parksberry Terms of Sale
Disclaimers, Limitations on Liability
Governing Jurisdiction: United States of America
U.S. Export Controls
Arbitration Agreement
Governing Law
Indemnification
Unsolicited Submissions
Parksberry Confidential Information
“BETA” Services
Expressions of Interest in Parksberry
Notices
No Joint Venture, Partnership, Employment, Agency
Notice to (Not-Intended Accessor) California
Disclaimer of Jurisdiction, Nexus
Judgement that Law Applies to Parksberry
Other
Entire Agreement
Application and Acceptance of this Terms of Services, Interaction Agreement including Arbitration of Disputes.
This Terms of Services, Interaction Agreement along with our Privacy Statement and any additional Parksberry notices, supplements, guidelines, procedures or rules, (each incorporated in this Terms of Services, Interaction Agreement as if fully rewritten herein), apply each time (subject to any exceptions herein) you access, use Services (as described in more detail further below), including: Parksberry owned websites, downloadable applications (if any), interactive applications (if any) and other applications (each an “Intermediary”, collectively “Intermediaries”, more particularly described below) together with certain third party computer software applications that we license for the Services’ operability (each a “Functionality”, collectively “Functionalities”, more particularly described below) that are accessible via Intermediaries; any voice-activated services (if any); any connected devices such as location devices (if any); any other Parksberry owned services and off-line services and products that link to this policy; and each time you order or purchase any Parksberry service or product; and each time you interact with us including in business (we refer to these, individually and collectively, as “Services”) with/of the owner/operator of this portal at the domain Parksberry.com and other portals, a citizen of the State of Ohio, U.S.A. fn dba “Parksberry” (“we”, “us”, “our”, “Parksberry” or “Parksberry”) whose Nominee is c/o Administrative Services and is a contract in electronic form between Parksberry and you (“you,” “your,” and “yourself”).
References to “you”, “your”, “yourself” mean any natural living person or legal entity that accesses, uses (and/or downloads or installs to or on any devices) any Services (including those who order or purchase a Parksberry owned service or Parksberry owned brand(ed) product) and/or those who interact with us (including in business). You affirm that you are over eighteen (18) years of age or an emancipated minor, or possess legal parental or guardian consent, or you are an authorized representative in respect of any entity, and are fully able, competent and authorized to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
This Terms of Services, Interaction Agreement applies each time you access, use Services regardless of whether you are a registered user (subject to any exceptions herein), and you accept and agree to be bound by this Terms of Services, Interaction Agreement, including any future modifications (the “Agreement”), and to abide by all applicable laws, rules and regulations (“Applicable Law”).
PLEASE READ THROUGH THIS AGREEMENT CAREFULLY AND COMPLETELY. Parksberry may modify this Agreement at any time, and each modification will be effective upon its availability on (or via) any Services. All material modifications will apply prospectively only (unless a “Judgement that Law Applies to Parksberry” amends and modifies this Agreement, in respect of some law, as described in more detail in the Judgment that Law Applies to Parksberry Section, where any material modifications apply in accordance with the amendments and modifications of such particular judgment, if any). Your continued access, use (and/or download or install) of any Services including your continued order or completed purchase of any Parksberry owned service or Parksberry owned brand(ed) product (and/or your continued interaction with us including in business) following any modification of this Agreement constitutes your acceptance of and agreement to be bound by this Agreement as modified. It is therefore important that you review this Agreement regularly. You can access this Terms of Services, Interaction Agreement at any time by clicking the link generally located within Services’ footer area of websites’ home pages, or via menu buttons/hamburger icons, as available via Services, or on description screens of applicable Services, or as otherwise indicated depending on the particular Service that you access, use.
Your access, use of certain Services are conditioned upon your compliance with this Agreement and any end user license agreement (“EULA”) that might accompany such Services. Your access, use of such Services may require you to accept additional terms and conditions applicable to such Services, in addition to this Agreement, and may require you to download third party software applications or Content (as defined further below in the “Content, Parksberry Content Limited License” Section). In the event of a conflict between any terms and conditions and this Agreement, the terms of this Agreement will prevail.
This Agreement applies to Parksberry and its affiliates (collectively “Parksberry Affiliates”) only. This Agreement does not cover third parties, including Third Party Suppliers (as defined further below in the “Third Party Suppliers” Section), and/or any providers of Third Party Services and Links and/or providers of Third Party Direct Advertisements, Sponsorships that may advertise or sponsor content, services or products (each defined further below in the “Third Party Services and Links, Third Party Direct Advertisements, Sponsorships” Section) and/or other channels that you may use to access, use any Services and/or any Content (including User Content, as defined further below in the “Content: User Content Restrictions on Use of Services” Section and Informational Content, as defined further below in the “Content: Informational Content, Advanced Services” Section). You are subject to any posted guidelines, processing practices, privacy policies applicable to those third parties and their services and products.
Services are under many different Parksberry owned brands and may discover many different types of Content. Parksberry and/or Services (including if you interact with us in business) do not provide (and shall not be interpreted to convey) legal, financial, investment, accounting, tax, insurance, appraisal, financial, medical, talent, casting, entertainment business advice or any other advice, counseling or service (particularly those that require licensure or professional or similar acceditation). Services, any interaction with Parksberry, and/or Content discoverable via the Services are not a substitute for obtaining advice from licensed, qualified professionals (ex. lawyer, investment or tax professional or similar advisor) and you should not act upon any Services, any interaction with Parksberry and/or Content (including Informational Content) discoverable via the Services under any circumstance, and you should always obtain qualified advice from licensed, advisors on your specific matter. Services are not time-sensitive; and do not intend to malign any religion, ethnicity, entity, place, product, company or organization. No identification with actual persons (living or deceased), private places, buildings, and products is intended or should be inferred by any Services.
Parksberry makes no representations or warranties or guarantees about any aspect of Services (or any component part thereof) and/or Content (including Informational Content) and does not endorse any opinions expressed by any users. Services are for general purposes, general audiences only. Services and all Content are “As-Is” “As Available” and your use or reliance on any Services and/or any Content is entirely at your own risk. You expressly agree Parksberry has no liability to you for the consequences of using or relying on any Services and/or any Content.
If you do not agree to be bound by this Agreement and to abide by Applicable Law, you must not access, use Services and/or download or install to any devices any Services, and/or order or purchase any Parksberry service or product, and/or interact with Parksberry; and you must immediately discontinue access, use of Services, uninstall or delete Services from devices, terminate any order or purchasing of any Parksberry service or product and discontinue interacting with Parksberry immediately.
Not-Targeted Location/Not-Intended Accessor
Services are based and hosted in the U.S. Parksberry does not currently purposely direct or target its activities toward: any Member State of: the European Union (“EU”) or the European Economic Area (“EEA) or the European Free Trade Association (EFTA); and/or Switzerland and/or any location subject to (or incorporating into its jurisprudence) EU law and/or the State of California and/or the State of Nevada of the United States of America (U.S.) (each a “Not-Targeted Location”). Parksberry does not currently purposely direct or target its activities toward any natural living person, or identifiable living person, or data subject, or citizen or resident or consumer or entity of any Not-Targeted Location (each a “Not-Intended Accessor”). Parksberry does not purposely direct, target and/or knowingly offer goods or services in any Not-Targeted Location; and does not purposely intend (and/or knowingly) consumating some transaction with (or in) any Not-Targeted Location (or with any Not-Intended Accessor thereof); and does not intend (or knowingly) monitor any behaviour of any natural living person, or identifiable living person, or data subject, or citizen or resident or consumer or entity of any Not-Targeted Location as far as their possible behaviour (may) take place within any Not-Targeted Location (such behavior unbeknownst to Parksberry) and, more particularly:
(i) Parksberry does not intend any processing of personal data in the context of any activities of any establishment as a controller or as a processor in any Not-Targeted Location (and does not knowingly engage in such controlling, processing or activities in respect of any Not-Targeted Location) in respect of law, regulation or similar authority of any jurisdiction of any Not-Targeted Location, regardless of whether the processing takes place in a Not-Targeted Location or not, and
(ii) Parksberry does not intend processing of personal data of any natural living person, or identifiable living person, or data subject, or citizen or resident or consumer or entity (and/or knowingly or purposely engage in such processing) who are in any Not-Targeted Location as a controller and/or as a processor not established in any Not-Targeted Location; no processing activities of Parksberry, if any, anywhere, are intended related to: the offering of goods or services, irrespective of whether a payment of any Not-Intended Accessor is required, to such Not-Intended Accessor in any Not-Targeted Location; or the monitoring of their possible behaviour as far as their possible behaviour takes place within any Not-Targeted Location (any such behavior wholly unbeknownst to Parksberry), and
(iii) Parksberry does not intend processing of personal data (and/or knowingly or purposely engage in such processing) as a controller not established in any Not-Targeted Location, and Services in the United States of America are not, on information and belief, knowingly in a place where any EU Member State law applies by virtue of law subject to the soverign law of any such place.
The United Kingdom, as reported, ceased to be a “Contracting Party” to the EEA Agreement after its withdrawl from the EU on 31 January 2020 under the “Agreement on withdrawl of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community” signed 24 January 2020 (as renegotiated from previous versions) and referred to as “Brexit Withdrawl Agreement” (ratified by U.K. Parliament “Withdrawl Agreement Act”, 29 January 2020).
In respect of UK 31 January 2020 Privacy Law, any extent to which Article 126 of the Brexit Withdrawl Agreement nevertheless subjects the U.K. (and U.K. matters including a U.K. identifiable living persons’ access, use of Services) to the jurisdiction of some regulation of the EU or EEA or EFTA or Switzerland (such as EU “GDPR”) during the “transition period” (until 31 December, 2020) and the jurisdiction of the European Court of Justice (CJEU) is unclear to Parksberry. (On information and belief, the leaving by the U.K. of the EU and no U.K. representative to (or of) the CJEU and, on belief, the EU’s position that the U.K. no longer has representative standing of the CJEU) all suggest a possible lack of standing of the U.K. and/or any U.K. representative before the CJEU; and correspondingly, the absence of jurisdiction of the CJEU over the sovereign U.K.
To any extent, under the Brexit Withdrawl Agreement (Article 126 thereof or any other provision thereof), some EU law (e.g. EU “GDPR”) (and/or any jurisdiction of the CJEU and/or jurisdiction of any Member State of the EU or the EEA or EFTA and/or Switzerland) applies to the U.K. until 31 December 2020, the location of the United Kingdom is a Not-Targeted Location and any natural living person, or identifiable living person (“ILP”), or data subject, or citizen or resident or consumer or entity of the U.K. is a Not-Intended Accessor thereof.
Where a Judgment that (some U.K.) Law Applies to Parksberry (e.g. UK 31 January 2020 Privacy Law, and/or separately the U.K. Privacy and Electronic Communications (EC Directive) Regulations 2003 implementing the EU’s ePrivacy Directive (Directive 2002/58/EC) (“PECR”)) – this Terms of Services, Interaction Agreement is amended and modified in good-faith compliance with any such U.K. law, and we may, in certain circumstances, be required to seek additional consent of any U.K. ILP in connection with Services, third parties use of cookies (sometimes referred to as “vendors” based on possible participation, if any, in certain IBA/OBA served advertising frameworks, if and where such IBA/OBA served advertising is available on particular Services). In such instance, Parksberry, in good faith, will aim to seek applicable, additional consent from such U.K. ILP (if any) if necessary subject to use of Anonymizing Technologies and our actual knowledge of access, use of Services by any UK ILP.
If you access and use Services and you are a UK ILP, you agree and irrevocably consent to our and third parties’: use of cookies and third-party tools processing personal data (e.g. browsing data or IP addresses) or other identifiers, which are necessary for Services’ functioning and required to achieve and for the purposes illustrated in the Privacy Statement and Cookie Notice. You agree your consent is “given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement” by you clicking the “I Agree” button of the cookie banner notice displayed via the Services (on homepages of Services’ websites), and/or by you closing or dismissing the cookie banner on any display screen (and/or as otherwise displayed via the Services), and/or by clicking any link or button in respect of such cookie banner, and/or by continuing to scroll, browse or otherwise or by your access, use of any Services.
You can access information by clicking the link entitled “Not-Targeted Location/Not-Intended Accessor” generally located within Services’ footer areas of our websites’ home pages, or via menu buttons/hamburger icons as available via some Services, or on description screens of Services, as applicable, or as otherwise indicated depending on the particular Service that you access, use.
You must not access, use any Services and/or download or install any Services to or on any devices and/or order or purchase any Parksberry service or product, and/or interact with Parksberry from (or in) a location that is any Not-Targeted Location and/or if you are (or if you believe that you are) a Not-Intended Accessor.
Certain third party software, applications and/or services “hide”, “mask”, “spoof” (and/or other similar processes) or otherwise pseudonymize, depersonalize and/or anonymize information (we refer to these collectively as “Anonymizing Technologies“). You acknowledge and agree that if you use any Anonymizing Technologies (or similar services or products) to access, use any Services (and/or to download or install any Services to or on any devices), and/or to order or purchase any Parksberry service or Parksberry owned brand(ed) product, and/or to interact (or to continue to interact) including in business with us, Parksberry has no knowledge of information that relates to, or could reasonably be linked with/to you as an identifiable or identified living person, natural or otherwise. Anonymizing Technologies (or similar services or products) and their use are outside the control of Parksberry. In respect of any use of Anonymizing Technologies (or similar services or products) by you on or through the Services (via the Internet or by any other means), you agree that it is unreasonable for you to assert that Parksberry knows (or should know, should have known) of information that relates to, or could reasonably be linked with/to an identifiable or identified person (you), natural or otherwise; and you acknowledge that an arbitrator, judge, regulator or authority may find any such assertion frivelous.
Age Eligibility and Legal Capacity
Services are not for children. We do not purposely direct our activities to or intend Services for children. If you are under the age of sixteen (16), you may not access or use any Services, interact with us, provide any information to us, including registering with any Services. If you are at least age of sixteen (16) and under age of eighteen (18) years of age (or under the applicable age of majority in your state or territory of residence, provided that such location is not a Not-Targeted Location and you are not a Not-Intended Accessor), you may register with some Services (if registration is available on such Services), only if you have the consent of your parent or guardian, including consent to this Agreement on your behalf (provided that both you and your parent or guardian are each not a Not-Intended Accessor and do not each access, use Services in any Not-Targeted Location). If your parent or guardian do not agree with this Agreement as applied to you, then you are not authorized to access, use any Services. If you subscribe to any Services and wish to create subprofiles (if registration and subprofiles are available on such Services) under your subscription, you must ensure all users of such subprofiles are 18 years of age or older, or the applicable age of majority in your state or territory of residence, each such user is not a Not-Intended Accessor, and each such user does not access, use Services in any Not-Targeted Location.
When a user discloses personal information on (or through) Services, that user is representing to us that he or she is at least eighteen (18) years of age, is not a Not-Intended Accessor and will not access, use Services in any Not-Targeted Location. If you are a parent or guardian and believe your child under age of sixteen (16) has accessed, used Services (or interacted with Parksberry), please contact us at ladmin@Parksberry.com.
Intermediary
Services include Parksberry owned: web resources (including constituted as websites), native iOs and/or Android mobile resources (if any), other mobile Web resources (if any) (each constituted as mobile applications, if any), other mobile resources (if any), that are accessible via the Internet (including via wi-fi or wireless carrier networks) at Parksberry owned Internet domains, URLs or other resource identifiers that are each an interactive intermediary to information particularly including of the World Wide Web (the “Web”), Content (including User Content, Parksberry Content and Informational Content), via the medium of the Internet (we refer to each of these as an “Intermediary”).
Functionality
Services include, as components, various third party computer software applications (that may also integrate third party services) that are owned and furnished by Third Party Suppliers under license by Parksberry for the Services’ operability, functioning and availability (or portions thereof) at a particular Intermediary (e.g. at a Parksberry owned Internet domain, or URL, or other resource identifier) via the Internet, that each provide ways to access, use, interact with and manage information of the Web and/or Content (including User Content, Parksberry Content and Informational Content), that are hosted on computer hardware and networking equipment (furnished by Hosting Services) (we refer to these third party computer software applications that may integrate third party services, each as a “Functionality”).
Each Functionality and its particular application operability and features may vary and may include:
• accessing, using, interacting with and managing Content and Parksberry Content (both defined further below in the “Content, Parksberry Content Limited License” Section); User Content (defined further below in the “Content: User Content, User Content-Messages, Restrictions on Use of Services” Section; Informational Content (defined further below in the “Content: Informational Content, Advanced Services ” Section); and other information including public records, content, data via the Web by means of the Internet,
• accessing, using, interacting with media services including video services, audio services, Really Simple Syndication (“RSS”) feeds, podcasting services, mobile text related services,
• surveys, polls (including surveys and polls results) and other interactive tools,
• registering with particular Services and creating accounts, logging in and logging out (authentication functions),
• accessing, using, interacting with and managing registered user account application features including registered user profile management, uploading and managing User Content, posting User Content in Forums (as described further below in the “User Content on Forums” Section); exchanging User Content-Messages, and other applications of registered user accounts,
• other particular application features and functions as available from time to time.
The availability and accessibility of each Functionality of Services may vary depending on the particular Parksberry owned Intermediary of Services that you access, use. You acknowledge that Parksberry does not own the third party computer software applications (and services, if any) of each Functionality. Also, Third Party Suppliers of each Functionality may use or rely upon additional parties for their services and products. Where Parksberry owns a specific computer software application (e.g. a computer software script) or rights thereto, Parksberry shall display a copyright notice of Parksberry’s rights of copyright and/or ownership.
Certain Services under particular Parksberry owned brands, discover primarily Informational Content and/or public records and other information of the Web via the Internet (we refer to these as “Advanced Services”).
Parksberry is not responsible for and makes no warranties, express or implied, as to Services (including Advanced Services), any Intermediary and/or any Functionality provided by any Third Party Supplier, including, but not limited to the accuracy or completeness of information provided by the Services (including Advanced Services) and/or any Third Party Supplier (or the privacy practices of any Third Party Supplier). You agree that Parksberry is not responsible or liable to you or anyone else for any Functionality provided by any Third Party Supplier and/or any service, product, and/or their capabilities, content or other materials of any third party. When you access, use Services (including Advanced Services), you take full responsibility for your access, use of Services (including Advanced Services) including their components and you do so at your own risk.
Registration and Security, Accuracy of Your Information
As a condition of using certain components of some Services, you may be required to register, as available, creating an account, selecting a username and password (your “Credentials”) and establishing an account profile. All registration information, Credentials, you submit to create an account profile must be accurate and kept up to date. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. Parksberry reserves the right to refuse registration of, or cancel, a username, in its sole discretion. If we cancel your registration, you agree that you will not create another one or otherwise try to access such Services without our permission. You agree not to sell, rent, transfer or assign your registration, Credentials, or your registered account. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information.
You are responsible for maintaining the confidentiality of your password, Credentials and you are responsible for all use of your account. It is therefore critical that you do not share your password, Credentials with anyone. You agree not to use the account, username, email address or password, Credentials, of another member or subscriber at any time and not to allow any other person to use your account. You agree we are not responsible for any misuse of your password, Credentials and/or account by any third party, whether authorized by you or not. Your registration, Credentials, and your registered account functions are each not transferable. You agree to notify Parksberry immediately if you suspect any unauthorized use of, or access to, your account and/or password, Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your password, Credentials and/or account or for your failure to follow the requirements set out in this Agreement.
If Parksberry requests, you agree to and shall provide to Parksberry in writing and/or electronic form as specified by Parksberry proof of each component of your information that you represent and/or submit to us for your registration, Credentials and account profile.
Services are intended solely for general audiences. Parksberry may change, suspend or discontinue any Services (or any component thereof) at any time for any reason. Parksberry may also impose limits on certain services and products of Third Party Suppliers, providers of Third Party Services, Third Party Direct Advertisements, Sponsorships, or restrict your access to parts of (or all of) any Services without notice or liability. You acknowledge that from time to time Services (or any component thereof) may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Parksberry and/or its Third Party Suppliers may undertake from time to time; or (iii) causes beyond the control of Parksberry or which are not reasonably foreseeable by Parksberry.
Recognizing persons’ choices of third party computing and mobile devices, operating systems of devices and third party software including browsers (and other related software applications technologies), you must possess valid, fully paid third party “End User Licensing Agreements” (“EULAs”), as applicable, for your devices, operating systems, software, browsers and related technologies, that you use to access, use, interact with, participate on any Services.
Browsers
Recognizing persons’ choices of third party browsers (and other related software applications technologies), the browsers that you use to access, use any Services may process code and perform network functions such as requests and encryption, process, store data, render or interpret code into what you see visually; and your browsers may present to you the user interfaces to access and view Services, Content (including User Content and/or Parksberry Content and/or Informational Content), and other information of the Web via the medium of the Internet. You acknowledge that Parksberry does not control your use (or choice) of browsers and/or your third party software applications. By accessing, using any Services, you agree that you, not Parksberry, are responsible for your browsers commands, any actions of your browsers and your third party software applications on your devices including their access, use, controlling and/or processing of information (potentially personal information), requests, encryption, storage, rendering, interpreting, displaying information (potentially personal information) or any other browser actions in connection with any Services and Content (including User Content and/or Parksberry Content and/or Informational Content). You agree Parksberry is not responsible or liable to you or anyone else for the your browser, computing and mobile devices, operating systems, third party software applications and their capabilites. The privacy policies of your providers of browsers, devices, systems and software apply.
Access of Services Outside the United States of America
If you access, use any Services, you are voluntarily transferring (and consenting to such transferring) information (including personal information) and Content (and User Content and/or Informational Content, if applicable) to locations outside of your country of residence (including the United States of America), to Third Party Suppliers such as Hosting Services; CDN Services (if applicable); and possibly to providers of Third Party Services (if applicable); and possibly to other third parties located outside your country of residence (incuding the United States of America); and you agree (and expressly consent) that Parksberry’s collection, use, storage and sharing of your information, if any (including personal information, if any) and Content (and User Content, if any, and/or Informational Content, if any), is subject to the laws of the United States of America, and not necessarily of the jurisdiction in which you are located. This is necessary to provide Services and for the purposes outlined in this Privacy Statement. Privacy laws vary from country to country and may not be equivalent to, or as protective as, the laws in your home country. Whenever information is transferred, Parksberry takes reasonable steps, and aims, that information is transferred in accordance with this Privacy Statement and as permitted by applicable data protection laws. Parksberry specifically disclaim any representation or warranty that any Services and/or Content (including User Content and Parksberry Content and Informational Content) are appropriate (or, in some cases, available) for access, use in any location anywhere in the world.
Unless terminated by Parksberry in its sole discretion, this Agreement remains in full force and effect while you access, use any Services. You may terminate your account(s) that you may have on particular Services (as available), at any time, for any reason, by emailing: ladmin@Parksberry.com, Subject: Terminate My Account(s). Parksberry may terminate your accounts and/or access to any Services at any time, for any or no reason, with or without prior notice or explanation, and shall have no liability to you for such termination. Even after your user account or access to any Services is terminated by you or by Parksberry, this Agreement will remain in effect with respect to your past and future use of any Services. Any rights to your account terminate upon your death.
You acknowledge that we will use information, if any, that we obtain about you in connection with your access, use of any Services and/or offline interactions with us in accordance with our Privacy Statement (subject to any exceptions herein and/or contained in our Privacy Statement) and any additional Parksberry notices, supplements, guidelines, procedures or rules which describe our privacy practices as well as choices you may have with respect to the collection and processing and/or other related actions of some of your information (if we have any). Please take a moment to review the Privacy Statement carefully and fully.
Parksberry uses independent third party suppliers that furnish computer software applications that we license, services, computer hardware or networking and their capabilities, and other third party products and services for the operability of Services and their availability via the Internet (collectively “Third Party Suppliers”). Also, Third Party Suppliers may use or rely upon additional parties for their services and products. Third Party Suppliers may be selected by, but are not affiliated with Parksberry. Parksberry may use different Third Party Suppliers from time to time. The services and products of Third Party Suppliers in respect of Services may include:
• hosting making Services (or components thereof) accessible and connected to the Internet on our behalf; Internet transmission services; services for operation, performance and security of Services; licensed software and software version updates such as PHP and other software; domain name serving (“DNS”), domain forwarding and management services; database software (including database applications) and database management; data storage and security; communications software applications and services such as emailing; hosting third party content management software; and other equipment, software, applications and services (collectively “Hosting Services”),
• content delivery networking (“CDN”) services that provide connectivity and transmission performance services across networks and servers via the Internet (collectively “CDN Services”); CDN Services may be interoperable with Hosting Services particularly connectivity and transmission services (collectively “CDN Services”),
• Internet domain registration and management services that include Internet domain re-directing, URL and DNS services, and other services (collectively “Domain Services”),
• Content Management Systems including database software, database applications plugins and other computer software applications and their functions (collectively CMS Services”),
• and other services and products furnished by Third Party Suppliers.
By accessing, using any Services, you expressly grant permission and authorize Third Party Suppliers to take actions (and to perform their services) they say they require for their products and services for the limited purpose of the operability and availability of Services (particularly your access, use of Services and Content including User Content, Parksberry Content, Informational Content); and you agree and consent to third parties’ collecting, using, processing, storing, exchanging and/or transmitting your information (including personal information) and other materials to the extent required by any third party for the Services’ operability and availability. The terms and policies including privacy practices of each Third Party Supplier apply to their respective, individual services and products.
You agree Parksberry is not responsible for any disclosure, modification or deletion of your information (including personal information) or other materials, or for any corresponding losses or damages you may suffer, as a result of any third parties’ collecting, using, processing, storing, exchanging and/or transmitting your information (including personal information) or other material arising from any of your interactions with any Third Party Supplier in respect of the Services and/or any third parties’ services and products.
You acknowledge that Parksberry has no control over Third Party Suppliers or their services and products. Parksberry does not make any representations to you with respect to any Third Party Suppliers and/or any of their services and products. Parksberry is not responsible for and makes no warranties, express or implied, as to any Third Party Supplier’s services and products (including, but not limited to, the accuracy or completeness of the information provided by Third Party Suppliers or the privacy practices thereof). You agree Parksberry shall not be responsible or liable to you or anyone else for any Third Party Suppliers services and products. If at any time, Parksberry chooses in its sole discretion to monitor Third Party Suppliers (and/or their services and products), and/or the information provided by any Third Party Suppliers (and/or the privacy practices thereof), Parksberry nonetheless assumes no responsibility for such Third Party Suppliers, their services and/or products, the information provided by such Third Party Suppliers (and/or the privacy practices thereof).
Parksberry shall make a reasonable effort (but Parksberry disclaims any obligation or responsibility) to list current Third Party Suppliers in respect of the Services (to the extent actually known to us) in our Privacy Statement. Any such lists are for informational purposes only and are not intended to be (and shall not be construed to be) complete listings or representative of all such Third Party Suppliers. You expressly authorize Parksberry (but Parksberry disclaims any obligation or responsibility) to disclose your agreement to this Terms of Services, Interaction Agreement to any Third Party Suppliers that furnishes services and products for Services. Any other interaction between you and any Third Party Suppliers is solely between you and such Third Party Suppliers.
Services may display, or Third Party Suppliers may provide, links to websites, applications, resources or other services. Inclusion of any Third Party Suppliers or any link thereto on or via any Services (including any link in our Privacy Statement) is a convenience only and does not imply approval or endorsement of such Third Party Suppliers or any of their services and products; Parksberry is not responsible for the content or practices of any such services, products, websites, mobile applications or related services, even if any resource links to any Third Party Suppliers and even if such resources is/are operated by a Parksberry Affiliate or an entity otherwise connected with any Services.
You acknowledge that Parksberry may discontinue using the services of any Third Party Suppliers at any time in its sole discretion and without notice to you. Parksberry is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of any service or product of any Third Party Suppliers including in respect of Services.
By accessing, using any Services, you acknowledge and expressly agree that Parksberry is not responsible or liable to you for any Third Party Suppliers, their, services, products, content or other materials hosted and served from any digital service, website, mobile application or related services. When you access digital services, websites, mobile applications or services of any Third Party Suppliers, you do so at your own risk.
Under no circumstances shall Parksberry be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any services, product of any Third Party Suppliers or your contractual relationship (if any) with any Third Party Suppliers. These limitations shall apply even if Parksberry has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law. You agree to indemnify and hold Parksberry (and its proprietors, members, shareholders, partners, venturers, affiliates, and Parksberry’s and their officers, directors, employees, contractors, and agents) harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of any services, products of any Third Party Suppliers and/or your relationship with any Third Party Suppliers. Parksberry is not responsible for services, products of any Third Party Suppliers, so use them at your own risk. If you use any services, products of any Third Party Suppliers, you agree that we do not provide a warranty, so get advice beforehand.
Third Party Services and Links; Third Party Direct Advertising, Sponsorships
Independent third parties may provide on (or via) Services certain third party links to other websites, computer software applications, resources or other services created, owned and operated by third parties (collectively “Third Party Services”). Also, providers of Third Party Services may offer optional interoperability of their Third Party Services that you may voluntarily choose and use (e.g. logging in to Services using your credentials from a provider of Third Party Services, Social Media, if you are a registered user of one ore more particular Services) with certain Services.
Third Party Services vary and may include:
• third party search that serves search query services including search boxes and/or widgets; serves search results and embedded links; provides search analytics and other search-related services (collectively “Third Party Services, Search”),
• third party advertising services that serve advertising including interest based advertising (also referred to as online behavioral based advertising), count ads, choose the ads that may offer financial performance, monitor the progress of different online advertising campaigns, embed links in ads; provide advertising analytics and other served advertising platform related services (collectively “Third Party Services, Ads”),
• third party social media network services that provide social media applications that may be integrated and/or interoperable with a particular Functionality, if applicable, (e.g. logging in to Services, if you are a registered user of a particular Services, using your credentials from a provider of third party social media network services) (collectively “Third Party Services, Social Media”),
• third party e-commerce services that provide shopping cart software applications for e-commerce transactions that may be described as “virtual store(s)” and/or merchant services that process order transactions that you may make (ex. Parksberry services or products); e-commerce analytics and related services; possibly fulfillment of orders; other e-commerce software applications including third party interoperability with certain third party c-commerce software application plugins services (collectively “Third Party Services, E-Commerce”);
• third party software application plugins that provide certain enhanced software applications and third party interoperability with certain Third Party Services (ex. plugins for Third Party Services, E-Commerce such as tax jurisdiction calculation, shipping cost, marketing promotion discount management, affiliate commission calculations and management, fulfillment of orders and other functionalities) and other plugin related services (collectively “Third Party Services, Plugins”),
• third party order fulfillment and logistics services that provide independent fulfillment of e-commerce orders that you may make (ex. products branded with Parksberry owned brands) that may include packaging, handling and shipping services, ship-from third party locations, if applicable, and other services (collectively “Third Party Services, Order Fullfillment”),
• third party services for phone, mobile, text messaging and/or email marketing campaigns that may provide independent marketing services for certain promotions in connection with Services including services to contact you at your contact information that you voluntarily provide to such third parties (ex. phone or mobile number, text number, email address); and other marketing services (collectively “Third Party Services, Direct Marketing”),
• third party user loyalty services that provide advanced software applications, databases, and independent systems and services to manage points or other reward based marketing (or other benefits) programs in which you may voluntarily participate; other third party software integrations such as point of sale, coupon services, and campaign services; and other services (collectively “Third Party Services, Loyalty Marketing“),
• third party consent management provider services that provide equipment, software applications, databases and related services that generally obtain, process, store, share, transmit information that you voluntarily provide to these third parties that may include: your consents to cookies and related technologies, privacy preferences selections, consent signals (to other third parties and/or industry vendor frameworks), opt-in, opt-outs of certain third party services (including automated advertising platforms), permissions and/or consents in respect of personal privacy related jurisdictional legislation, and other privacy related preferences; and other services that may include: identification and maintaining connections with certain vendors and other participants; managing compliance with regulatory frameworks; reporting services of consents, preferences histories; and other services (collectively “Third Party Services, Consent Management”),
• third party electronic payment processing services that process your payments, if any, for your orders, if any, for Parksberry services (ex. subscriptions) and/or orders, if any, for products branded with Parksberry owned brands that you make to whom you voluntarily provide your personal information (as required by such third party electronic payment processing services) that may include: your name, billing address, telephone number, e-mail address, payment card details, expiration date, security code (collectively, “Personal Financial Information) (collectively “Third Party Services, Electronic Payment Processing”). Please note: Parksberry does not currently provide electronic payment processing.
• third party content, information syndication services that may serve third party content (including Informational Content) or information possibly curated by others that may be discoverable, accessible on or through certain Services including Advanced Services (collectively “Third Party Services, Syndication Services“).
• third party “widgets” services that are small third party software applications that are designed to receive some query and retrieve a specific piece of third party information and present such third party information and other interactive services (collectively “Third Party Services, Widgets“).
• other Third Party Services from time to time.
Additionally, some third parties may advertise or sponsor content, services or products directly on or through certain Services and also provide links on certain Services to such third party advertisements, sponsorships, their other websites, applications, resources (collectively “Third Party Direct Advertisements, Sponsorships“).
You understand and acknowledge when you interact with any Third Party Services (including any interoperabilities with Services) and/or any Third Party Direct Advertisements, Sponsorships, you are interacting with the third party providers of such Third Party Services and/or providers of such Third Party Direct Advertisements, Sponsorships and other providers of services and products, NOT with Parksberry. The terms and policies including privacy practices of providers of Third Party Services and/or providers of Third Party Direct Advertisements, Sponsorships apply.
In addition, importantly, providers of Third Party Services and/or providers of Third Party Direct Advertisements, Sponsorships may use other parties to provide portions of their applications or services or advertisements or sponsorships to you, such as technology, development or payment services. Providers of Third Party Services and/or providers of Third Party Direct Advertisements, Sponsorships, may be selected by, but are not affiliated with Parksberry.
You agree Parksberry is not responsible for any disclosure, modification or deletion of your information (including personal information) or other materials, or for any corresponding losses or damages you may suffer, as a result of any third parties’ collecting, using, processing, storing, exchanging and/or transmitting your information (including personal information) or other material arising from any of your interactions with any Third Party Services (and/or providers thereof) and/or any Third Direct Party Advertisements, Sponsorships (and/or providers thereof) in respect of the Services and/or their third party services and products.
You expressly acknowledge that Parksberry has no control over any Third Party Services (and/or providers thereof) and/or any Third Direct Party Advertisements, Sponsorships (and/or providers thereof). Parksberry does not make any representations to you with respect to any Third Party Services (including any interoperabilities with Services) (and/or providers thereof) and/or any Third Direct Party Advertisements, Sponsorships (and/or providers thereof). Parksberry is not responsible for and makes no warranties, express or implied, as to any Third Party Services (including any interoperabilities with Services)(and/or providers thereof) and/or any Third Direct Party Advertisements, Sponsorships (and/or providers thereof) including, but not limited to, the accuracy or completeness of the information provided by any third parties. You agree Parksberry shall not be responsible or liable to you or anyone else for any Third Party Services (including any interoperabilities with Services) (and/or providers thereof) and/or any Third Direct Party Advertisements, Sponsorships (and/or providers thereof), or any other third party services or products.
Parksberry does not review, approve, monitor, or make any representations to you with respect to any Third Party Services (including any interoperabilities with Services) (and/or providers thereof) and/or any Third Direct Party Advertisements, Sponsorships (and/or providers thereof). If, at any time, Parksberry chooses in its sole discretion to monitor Third Party Services (including any interoperabilities with Services) (and/or providers thereof) and/or any Third Direct Party Advertisements, Sponsorships (and/or providers thereof) and/or any privacy practices of any third parties, Parksberry nonetheless assumes no responsibility for such Third Party Services (including any interoperabilities with Services) (and/or providers thereof) and/or any Third Direct Party Advertisements, Sponsorships (and/or providers thereof), any of their services and products, and/or the information provided by such Third Party Suppliers (and/or the privacy practices of any third parties).
Parksberry shall make a reasonable effort (but Parksberry disclaims any obligation or responsibility) to list current providers of Third Party Services in respect of the Services (to the extent actually known to us) and to list the general brand (or business) categories of providers of Third Direct Party Advertisements, Sponsorships (to the extent actually known to us) in our Privacy Statement. Any such lists are for informational purposes only and are not intended to be (and shall not be construed to be) complete listings or representative of all such third party providers and/or categories.
You expressly authorize Parksberry (but Parksberry disclaims any obligation or responsibility) to disclose your agreement to this Terms of Services, Interaction Agreement to any providers of Third Party Services for the limited purpose of their operation of their services and products, if any, in respect of the Services (and particuarly in respect of your use of any interoperabilities of Third Party Services, if any, as available on or via Services). Any other interaction between you and any provider of Third Party Services and/or provider of Third Party Direct Advertisements, Sponsorships (including with advertisers and sponsors) is solely between you and such third parties.
Services may display or Third Party Services (and/or providers thereof) and/or Third Party Direct Advertisements, Sponsorships (and/or providers thereof) may provide, links to websites, applications, resources or other services. Inclusion of any Third Party Services (and/or providers thereof) and/or Third Direct Party Advertisements, Sponsorships (and/or providers thereof) or any link on any Services (including any link on our Privacy Statement) is a convenience only and does not imply approval or endorsement of such endorsement of such Third Party Services (and/or providers thereof) and/or Third Direct Party Advertisements, Sponsorships (and/or providers thereof), or any of their services and products; Parksberry is not responsible for the content or practices of any such services, products, websites, mobile applications or related services, even if any resource links to any endorsement of such Third Party Services (and/or providers thereof) and/or Third Direct Party Advertisements, Sponsorships (and/or providers thereof) and even if such resources is/are operated by a Parksberry Affiliate or an entity otherwise connected with any Services.
You acknowledge that Parksberry may discontinue using the services or products of any provider of Third Party Services (including any interoperabilities with Services) and/or provider of Third Party Direct Advertisements, Sponsorships at any time in its sole discretion and without notice to you. Parksberry is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of any Third Party Services (including any interoperabilities with Services) (and/or providers thereof) and/or any Third Party Direct Advertisements, Sponsorships (and/or providers thereof).
By accessing, using any Services, you acknowledge and expressly agree that Parksberry is not responsible or liable to you for any Third Party Services (including any interoperabilities with Services) (and/or providers thereof) and/or any Third party Direct Advertisements, Sponsorships (and/or providers thereof), their, services, products, content or other materials hosted and served from any digital service, website, mobile application or related services. When you access digital services, websites, mobile applications or services of any providers of Third Party Services and/or providers of Third Party Direct Advertisements, Sponsorships, you do so at your own risk.
Under no circumstances shall Parksberry (and/or any Third Party Suppliers to Parksberry for Services’ operability and availabity, such as Hosting Services, CDN Services) be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services (including any interoperabilities with Services (and/or providers thereof) and/or Third Direct Party Advertisements, Sponsorships (and/or providers thereof); or your contractual relationships (if any) with any such third parties. These limitations shall apply even if Parksberry has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by Applicable Law.
You agree to indemnify and hold Parksberry (and its proprietors, members, shareholders, partners, venturers, affiliates, Third Party Suppliers and Parksberry’s and their officers, directors, employees, contractors, and agents) harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of any Third Party Services (including any interoperabilities with Services (and/or any interactions with providers thereof) and/or Third Direct Party Advertisements, Sponsorships (and/or interactions with providers thereof).
Parksberry is not responsible for any Third Party Services (including any interoperabilities with Services) (and/or providers thereof) and/or Third Direct Party Advertisements, Sponsorships (and/or providers thereof), so use them at your own risk. If you use any Third Party Services (including any interoperabilities with Services) and/or any Third Direct Party Advertisements, Sponsorships (including services and products of any third party advertiser and/or sponsor) and/or any services or products of any providers of thereof, you agree that we do not provide a warranty, so get advice beforehand.
Parksberry strongly recommends that you seek professional advice before using or relying on any Third Party Services (including any interoperabilities with Services) (and/or any providers thereof) and/or any Third Party Direct Advertisements, Sponsorships (and/or any providers thereof) to ensure they will meet your needs. It is your responsibility to read the terms and conditions and/or privacy policies applicable to all Third Party Services and/or Third Party Direct Advertisements, Sponsorships before using them.
In some instances, Parksberry may receive a revenue share from providers of Third Party Services and/or providers of Third Party Direct Advertisements, Sponsorships (or from the advertisers, sponsors thereof) and we may earn a commission when you click on or make purchases via third-party affiliate links, that you engage through your use of Services.
Third Party Services’ Interoperabilities with Services
Some Third Party Services may offer interoperabilities of their services with one or more particular Services. For example, depending on the particular Services that you access, use, you may use your credentials from your authorized Third Party Services, Social Media account to login to your registered user account with such particular Services. Also, some providers of Third Party Services, Social Media accounts may allow you to “push” Content (including User Content) from Services to your contacts or to “pull” information about your contacts so you can connect with them on or through the Services. Some providers of Third Party Services, Social Media accounts also will facilitate your registration for Services or enhance or personalize your experience on Services.
Your decision to use the services and products (including any interoperabilities and/or integrations) of any providers of Third Party Services (particularly Third Party Services, Social Media) in connection with Services (if and where available in Parksberry’s sole discretion) is voluntary. You should make sure you are comfortable with your information (including possibly personally identifiable information) the providers of Third Party Services (particularly Third Party Services, Social Media) may make available to Parksberry and we encourage your to visit those services’ privacy policies and/or modifying your privacy settings directly with those providers of Third Party Services (particularly Third Party Services, Social Media) in respect of your use of Services. Parksberry reserves the right to use, transfer, assign, sell, share, and provide access to all information that we receive through any providers of Third Party Services (particularly Third Party Services, Social Media) in the same ways as all of information we receive through Services. You agree to take necessary steps with your providers of Third Party Services (particularly Third Party Services, Social Media) so that any information that identifies you (or that may be identifiable to you connected with other information) that may be considered “personally identifiable information”, “sensitive” or “highly sensitive” will not be made available to us by any providers of Third Party Services (particularly Third Party Services, Social Media).
PLEASE KEEP IN MIND THAT THE PROVIDERS, OPERATORS OF THIRD PARTY SERVICES (INCLUDING INTEROPERABILITIES) MAY ALSO GATHER INFORMATION ABOUT YOUR ACCESS, USE OF SERVICES. PLEASE REVIEW AND CONSIDER CAREFULLY YOUR DECISIONS.
When you use the services and products of providers of any Third Party Services in connection with any Services, you acknowledge and irrevocably agree that you are interacting with providers of such Third Party Services not Parksberry. You authorize Parksberry (but Parksberry disclaims any obligation or responsibility) to disclose your agreement to this Terms of Services, Interaction Agreement to any provider of Third Party Services if and as requested. You agree Parksberry is not responsible for any disclosure, exchange, transmission, modification, deletion, storage of your information (possibly personal information) or other materials in connection with your use of any Third Party Services (including interoperabilties) with Services or otherwise.
Parksberry strongly recommends that you seek professional advice before using or relying on any Third Party Services (particularly interoperabilties) to ensure they will meet your needs. It is your responsibility to read the terms and conditions and/or privacy policies applicable to all Third Party Services (particularly interoperabilties) before using them.
If you are interested in creating hypertext links to any Services, you must contact Parksberry at ladmin@Parksberrypictures.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Services or Parksberry and/or any of its proprietors, members, partners, venturers, share and/or interest holders, affiliates, and its and their officers, directors, employees, contractors, and agents.
You acknowledge that Parksberry reserves the right to charge subscription fees for any portion of Services. Parksberry will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use any Services (or any portion thereof) after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such subscription fee for the balance of your subscription. If Parksberry suspends or terminates your account and/or access to Services (or any portion thereof) because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
Purchasing Services or Parksberry Products
In connection with any purchase of any Services (or any portion thereof), subscription, service or product on any website, mobile application or service (“Site Service or Merchandise”), you may be required to provide Personal Financial Information, to an independent third party selected by, but not affiliated with Parksberry such as a provider of Third Party Services, E-Commerce and/or Third Party Services, Electronic Payment Processing (individually and collectively “E-Commerce Provider”). Where the third party Ecommerce Provider is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Service or Merchandise shall be governed by the terms of use/service and privacy policy(ies) of the E-Commerce Provider. If you make a purchase of Site Service or Merchandise, you are warranting that you are authorized to make the purchase using the form of payment that you provide to the E-Commerce Provider. You must be 18 years of age or older to purchase Site Service or Merchandise.
You agree to pay any applicable fees for any purchase you make of any Site Service or Merchandise including, without limitation, any applicable sales, uses or similar taxes or charges. Certain products, fee-based services or features that you purchase, access or that may be available for download may be subject to additional terms and conditions presented to you at the time of purchase, access or download.
Parksberry makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for any Site Service or Merchandise with the E-Commerce Provider. Parksberry provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability regarding purchases you make on any website, mobile application site Services. Orders for Site Service or Merchandise, if any, are while supplies last. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event E-Commerce Provider experiences a data breach that affects your Personal Financial Information, Parksberry will in no way be responsible or liable to you for any such breach.
Parksberry will not store any record of Personal Financial Information related to purchases or other transactions you make on or through or in connection with any Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the E-Commerce Provider.
Importantly, Parksberry does not currently purposely direct, target and/or knowingly offer goods or services in any Not-Targeted Location; and does not currently purposely intend (and/or knowingly) consumating some transaction with (or in) any Not-Targeted Location (or with any Not-Intended Accessor thereof). Site Service or Merchandise, as defined above, are not intended for any Not-Targeted Location and/or Not-Intended Accessor and if you believe this applies to you, you should not purchase any Site Service or Merchandise.
Content, Parksberry Content Limited License
Services are for general audiences in accordance with this Terms of Services, Interaction Agreement.
Content
The Services contain information, text, files, images, graphics, videos, sounds, musical works, works of authorship, software, applications, product names, names, trade names, logos, designs, and any other materials or content (collectively, “Content”); Formats, Elements, Projects of Parksberry, its licensors, or assignors (“Parksberry Content”), as well as Content provided by users (User Content, as defined below), and Content discoverable from governmental, regulatory and other informational sources (“Informational Content”) and/or other third parties.
You acknowledge and agree that all Content contained in the Services is protected by copyright, trademark, patent, trade secret and other proprietary rights and laws and, as between you and Parksberry, its licensors, or its assignors, own and retain all rights in the Parksberry Content. Parksberry makes no representations or guarantees about any aspect of User Content and does not endorse any opinions expressed and contained in User Content.
Parksberry Grant of Limited License
Parksberry hereby grants you a limited, revocable, nonsublicensable license to access and display information accessible via Parksberrypictures.com (excluding any software code) solely for your personal, non-commercial use solely in connection with your online visit to the Parksberrypictures.com website and use of Services accessible thereon. Nothing in this Agreement shall be deemed to convey to you any right, title or interest into Parksberry’s intellectual and proprietary property rights or to the Services, or Parksberry Content, or to any portion thereof, except for the limited rights expressly granted herein.
Please read the following carefully. Except as provided in this Agreement or as explicitly allowed on the Services,
• you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services.
• except as explicitly and expressly permitted by Parksberry or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Parksberry Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away,
• you may not either directly or through the use of any device, software, internet site, web-based service or other means: remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the Services, including geo-filtering mechanisms,
• except as necessary in order to make reference to Parksberry, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Parksberry Content in any manner,
• you may not, without the Parksberry’s written permission: “mirror” any Content contained on any Services or any other server,
• you may not use any Services for any purpose that is unlawful or prohibited by this Agreement,
• you may not use any Services in any manner that could damage, disable, overburden, or impair any Services, or interfere with any other party’s use and enjoyment of Services,
• you may not attempt to gain unauthorized access to any Service through hacking, password mining or any other means.
Parksberry reserves the right, in its sole discretion, to terminate your access to any or all Services, or any functionality portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
Content: User Content, User Content-Messages, Restrictions on Use of Services
User Content
You understand that you are responsible for all Content that you (and/or any user of your account) post, upload, transmit, message, email or otherwise make available on the Services or on, through or in connection with the Services (collectively, “User Content”). Additionally, you acknowledge that you (and/or any user of your account) have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.
User Content-Messages
Some Services may make available a third party Functionality furnishing a way for a Parksberry registered user to voluntarily send to (and voluntarily receive from) other registered users of such particular Services (with their consent), User Content in the form of messages (“User Content-Messages”). User Content-Messages are exchanged within the third party Functionality application of such particular Services and are not mobile phone, fixed-line telephone, or SMS services.
NO ACCESS TO EMERGENCY SERVICES. Please note importantly: neither the Services nor the third party Functionality application for User Content-Messages provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure that you can contact your relevant emergency services providers through a mobile phone, fixed-line telephone, or other service.
By accessing, using any User Content-Messages of Services features (if and as available), you acknowledge and agree: (i) your User Content-Message Address will be displayed, (ii) you consent to being contacted by other registered users by means of the User Content-Message Address, (iii) the Services, the Functionality furnishing the operability of User Content-Messages are not a private communications medium; (iv) you shall not include any personal information (particularly sensitive personal information or Personal Financial Information in any User Content-Messages; and (v) User Content-Messages are User Content and will be treated as User Content in accordance with this Agreement.
You expressly consent to the exchange, distribution and transmission of your User Content-Messages, if any, across the computer hardware and software network furnished by the Hosted Services of the particular Services, and, if applicable, across CDN Services. You understand and acknowledge that Parksberry will not knowingly store any User Content-Messages or any record thereof (and you agree Parksberry has no obligation, responsibility, duty of care to you or any other party to store any such User Content-Messages). You should therefore maintain records of all your User Content-Messages, if any.
Under no circumstances shall Parksberry (and/or any Third Party Suppliers to Parksberry for Services’ operability and availabity, such as Hosting Services, CDN Services) be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from your use of any User Content-Messages Functionality and features. These limitations shall apply even if Parksberry has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by Applicable Law.
You expressly waive any expectation of privacy arising from, or in any way connected to your use of any User Content-Messages Functionality and features. You agree to indemnify and hold Parksberry (and its proprietors, members, shareholders, partners, venturers, affiliates, Third Party Suppliers and Parksberry’s and their officers, directors, employees, contractors, and agents) harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of any User Content-Messages Functionality and features.
Please consider the following carefully. You assume all risks associated with use of your User Content including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided by, sponsored, or endorsed by Parksberry. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Parksberry does not control or endorse User Content transmitted via Services and so does not guarantee the accuracy, reliability, integrity or quality of any User Content. Under no circumstance will Parksberry be liable for any inaccuracy or defect in any User Content.
Restrictions on Use of Services
You agree not to use the Services to:
• post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory,
• violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights,
• harass, threaten, abuse, harm or invade the privacy of another person, any other user or third party,
• restrict, inhibit or interfere with any other user or third party from using or enjoying Services,
• exploit or endanger a minor,
• impersonate or attempt to impersonate any person or entity, or falsely state or otherwise misrepresent your professional or other affiliation with Parksberry or with any other person or entity,
• obtain unauthorized access to Services or Content (including User Content, Parksberry Content, Informational Content) or any data or other information of any third party,
• introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Services or any functionality,
• interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including Parksberry’s (and/or its Hosting Service’s) servers, networks or accounts,
• cover, remove, disable, block or obscure advertisements or other portions of the Services,
• delete or revise any information provided by or pertaining to any other user of the Services,
• use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent or modify any security technology or software that is part of the Services. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, Parksberry reserves the right to release your details to relevant third parties, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
• send or cause to send (directly or indirectly), create, or reply to so called mailbombs (i.e. emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in spamming (i.e. unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of Services by any other user or third party, including placing malware on Services. If you do so, you acknowledge you will have caused substantial harm to Parksberry, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Parksberry one hundred U.S. dollars ($100.00) for each actual or intended recipient of such communication,
• solicit, collect, harvest, gather, assemble, request or store, through manual or automated means, any personal information about other users of Services (including their email addresses or other contact information) for any purpose including for commercial or unlawful purposes without their explicit consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation.
• post, upload or otherwise transmit an image or video of another person without that person’s consent,
• engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Parksberry Content; or building a business using the Parksberry Content) without Parksberry’s prior written consent,
• using technology or other means to access, index, frame, or link to Services (including the Content) that is not authorized by Parksberry (including by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Parksberry Content),
• accessing Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content,
• use the Services to advertise or promote competing services,
• use the Services in a manner inconsistent with any and all Applicable Law,
• access (including permitting and/or controlling access) and/or use the Services including posting, uploading or otherwise to transmit, securely store any information, “protected health information” as defined under the United States of America federal Health Insurance Portability and Accountability Act (“HIPPA”); and all such actions or uses on or through (or in any way connected) with the Services are expressly prohibited for such purposes. Services may not be appropriate for the storage or control of access to sensitive Content and User Content such as information about children or medical or health information. Parksberry specifically disclaim any representation or warranty that the Services, as offered, comply with HIPPA. Use of the Services for any purpose under HIPPA (including any amendments thereto) “protected health information” as defined under HIPPA (particularly user requiring secure storage and permitting access) is a material violation of this Terms of Use Agreement, and grounds for immediate account termination. Parksberry does not sign “Business Associate Agreements” and you agree that Parksberry is not a Business Association or subcontractor or agent of yours,
• attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
Parksberry reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Parksberry, or for any other reason, in Parksberry’s sole discretion and without notice to you.
You acknowledge the Parksberry reserves the right to investigate and take appropriate legal action against anyone who, in Parksberry’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Parksberry may access, preserve or disclose information you provide to the Services, including User Content and your account registration information, including when Parksberry has a good faith belief that such access, preservation or disclosure is necessary in order to:
(i) protect, enforce, or defend the legal rights, privacy, safety, or property of Parksberry, our parents, subsidiaries or affiliates (“Parksberry Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements);
(ii) protect the safety, privacy, and security of users of the Parksberry Services or members of the public including in urgent circumstances;
(iii) protect against fraud or for risk management purposes;
(iv) comply with the law or legal process; or
(v) respond to requests from public and government authorities.
BY ACCEPTING THE TERMS OF SERVICES, INTERACTION AGREEMENT INCLUDING OUR PRIVACY STATEMENT, YOU WAIVE AND HOLD HARMLESS PARKSBERRY, ITS OWNER, HOLDER, PROPRIETORS, MEMBERS, PARTNERS, VENTURERS, AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PARKSBERRY, OWNER, HOLDER, ITS PROPRIETORS, MEMBERS, PARTNERS, VENTURERS, AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Parksberry OR LAW ENFORCEMENT AUTHORITIES.
If Parksberry sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Parksberry may transfer your information (including User Content) to the party or parties involved in the transaction as part of that transaction.
Parksberry reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Parksberry assumes no responsibility for any loss of your User Content due to its being removed by Parksberry or for any other reason.
Certain Services may offer users that have registered creating an account as members, the ability to post their User Content on certain Services’ functionalities including forums, comments, directories, activities, message boards, chat areas, bulletin boards, groups and other interactive areas as a part of the Services (collectively, “Forums”) which may be open to the public generally, to all members of Services, or to a select group of members to a specific Forum group (if and as available).
You acknowledge that all Content posted on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. Parksberry reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forums and to restrict or remove your User Content from any Forums or refuse to include your User Content in any Forums for any reason at any time, in Parksberry’s sole discretion and without notice to you.
You acknowledge that User Content posted on such Forums are public, and Parksberry cannot guarantee the security of any information you disclose on or through any Forum; you make such disclosures at your own risk. Parksberry is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information.
You agree that no entreat has been made by Parksberry on or through the Services (or offline) to you to post your User Content to any Forums and any such action by you is entirely voluntary and your personal decision making.
Your Proprietary Rights in and License to Your User Content
Parksberry does not claim any ownership rights in the User Content that you upload, post, share, exchange, email, transmit, or otherwise make available on, through or in connection with the Services (collectively “Generated), except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any Parksberry Content or content owned by a Parksberry Affiliate.
By uploading, posting, sharing, exchanging, emailing, transmitting, or otherwise making available on, through or in connection with Services any User Content, you hereby grant, and you represent and warrant that you have the right to grant, to Parksberry and our Parksberry Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes.
Additionally, Parksberry is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Services. Parksberry’s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint Parksberry as your agent with full authority to execute any document or take any action Parksberry may consider appropriate in order to confirm the rights granted by you to Parksberry in this Agreement.
YOU AGREE TO IRREVOCABLY WAIVE (AND CAUSE TO BE WAIVED) ANY CLAIMS AND ASSERTIONS OF MORAL RIGHTS OR ATTRIBUTION WITH RESPECT TO YOUR USER CONTENT.
You represent and warrant that: (i) you own the User Content Generated by you on, through or in connection with the Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Generated User Content by you on, through or in connection with the Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Generated by you on or through the Services and/or services provided by Service Providers and/or or Third Party Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
You acknowledge that the Services are not intended for User Content that is governed by any professional society, guild, union, professional artists or rights management or representation, or similar professional agreements, organization, or representation; and you agree not to Generated any such governed content on or through or in connection with the Services. You agree to defend (if requested by Parksberry), indemnify, and hold Parksberry (and its proprietors, members, partners, venturers, affiliates, and its and their officers, directors, employees, contractors, and agents), harmless from any expenses, costs, judgments, damages, loss, liability, claim, or demand (including but not limited to any reasonable attorneys’ fees) made by any third party arising in connection with your User Content that you (and/or any user of your account) Generated on or through or in connection with the Services and/or any breach of this Terms of Use Agreement or misrepresentation as to User Content, and/or use of Services.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.
If you delete your User Content from the Services, Parksberry’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the Parksberry’s back-up copies of the Services, if any, which are not publicly available. Furthermore, to the extent that Parksberry made use of your User Content before you deleted it, Parksberry will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from the Services will not result in, and Parksberry assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the Services, and (ii) termination of your account or your use of the Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Your Exposure to Others’ User Content
You understand that Parksberry does not control the User Content posted, Generated by users via the Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Parksberry assumes no responsibility or liability for this type of Content. If you become aware of any misuse of the Services, including in violation of any “Restrictions on Use of Services,” please report it immediately to Parksberry. Parksberry assumes no responsibility for monitoring the Services for inappropriate User Content or user conduct. If at any time, Parksberry chooses in its sole discretion to monitor the Services and/or in respect of Content, Parksberry nonetheless assumes no responsibility for Content (including User Content) other than Parksberry Content, no obligation to modify or remove any inappropriate Content (including User Content), and no responsibility for the conduct of any user
You are solely responsible for your interactions with other users of the Services and/or Third Party Suppliers and/or providers of Third Party Services and Third Party Advertisements, Sponsorships, and/or any other parties with whom you interact on, through or in connection with the Services. Parksberry reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties. You agree that Parksberry will not be responsible for any loss or damage incurred as the result of any such interactions. You agree if there is a dispute between you and any users of the Services and/or Third Party Suppliers and/or providers of Third Party Services and Third Party Advertisements, Sponsorships, and/or any other parties with whom you interact on, through or in connection with the Services, we are under no obligation to become involved.
Content: Informational Content, Advanced Services
Some Services under various Parksberry owned brands may discover different types of informational content including publicly available records such as govermental content, analysis, regulations, articles, forms, cases, opinions, dictionaries, and many other types or categories of publicly available information (“Informational Content”) (we refer to these Services as “Advanced Services”). Informational Content is discoverable generally from public sources such as governmental resources, websites, other public authorities, and informational sources in the public domain, across the Web via the Internet.
Advanced Customers
Certain Parksberry customers may pay a fee for Advanced Services (we refer to these customers as “Advanced Customers”). Parksberry Advanced Services (under various Parksberry owned brands) are each an intermediary to content including Informational Content, that Advanced Customers particularly, or our users, or the general public may seek to discover.
Availability of and Modification to User Content, Content, Services
We do not guarantee that any User Content, Content (including Informational Content) or Services (including any Functionalities) will be made available through any Services (incouding any Intermediaries). We may change, modify, edit, suspend, discontinue or otherwise manipulate User Content, Content (including Informational Content) or Services, or any part, functionalities or services of the Services at any time with or without notice to you. You agree that Parksberry will not be liable to you or to any third party for any modification, suspension, or discontinuance of User Content, Content (including Informational Content) or Services or any part thereof
Removal of Material that Infringes Copyrights
Parksberry respects the intellectual property of others and requires that our users do the same. Parksberry has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Services who are repeat infringers. Parksberry also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.
If You Believe Material on Services Infringes Your Copyright
If you believe that any material residing on or linked to from Services infringes your copyright, you must send Parksberry’s designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Parksberry’s Copyright Agent for notification of claimed infringement can be reached at:
Email: ladmin@parksberry.com
Subject line: DMCA Notice
For Mailing Purposes Only:
c/o Administrative Services, c/o 1601 West Fifth Ave B 120
Columbus, Ohio 43212, United States of America
Phone: 614.398.1327
If You Posted Material to Services That Was Removed Due to Notice By A Copyright Owner
If you posted material to Services that Parksberry removed due to a notice of claimed infringement from a copyright owner, Parksberry will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the Services or by written or electronic communication to such address(es) you have provided to Parksberry, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Parksberry may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and (iv) your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Trademarks, Intellectual Properties and Rights
All trademarks, logos and service marks (“Marks“) displayed on the Services are Parksberry’ property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that own a particular mark. Specifically, Parksberry℠, Parksberry™, Parksberry Imagination™, Parksberry Imagination℠, the Parksberry logo and other Parksberry’ logos are trademarks of Parksberry. Without the prior express written permission of Parksberry and/or its licensor, you may not display or use in any manner these Marks and intellectual properties. Non-Parksberry marks that may be displayed by Services via from time to time are the property of their respective owners. Trademarks that belong to others referred to and/or by Services that may display without the ® or ™ or ℠ symbols for any reason are not intended (and should not be construed to indicate), in any way, that their respective owners will not assert, to the fullest extent under applicable law, their rights thereto.
Parksberry Intellectual Properties and Rights
As between Parksberry and you, Parksberry owns without limitation all rights, title and interest in and to patents, business ideas, concepts, utilities, methods, processes, specifications, materials, works, techniques, computer programs, source codes, data, technical information, goodwill, utility models, semi-conductor topography rights, copyrights, trading business names, trademarks, servicemarks, three dimensional marks, original works, the style or presentation of Services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to, Formats, Elements, Projects and other intellectual and proprietary rights throughout the world associated with Services and Content (collectively “Parksberry Intellectual Properties and Rights”), except, if applicable, with respect to your User Content (your User Content is licensed by you to Parksberry under “Your Proprietary Rights in and License to Your User Content” Section). Nothing in this Agreement shall be deemed to convey to you any right, title or interest into Parksberry Intellectual Properties and Rights, or to the Services, or Content or to any portion thereof, except for the limited rights expressly granted herein in respect of Parksberry Content. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of Parksberry Intellectual Properties and Rights and/or Services (including any code used in any software) or Content. You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of Parksberry Intellectual Properties and Rights and/or Services (including any code used in any software) or Content whether or not for profit.
Third parties including Third Party Suppliers and providers of Third Party Services may use software that may be governed by certain terms of license referred to as “open source” and/or “free” and/or may contain source code that may be in the public domain (and/or governed by “open source” and/or “free” terms of license). Parksberry makes no representations or warranties or guarantees about any aspect of any “open source” and/or “free” software or source code in respect of the services of third parties for the Services. Parksberry has no liability to you for the consequences of using or relying on the Services in respect of any “open source” and/or “free” software or source code utilized by third parties. Parksberry is not (and shall not be construed to be) a distributor of source that may be considered “open source” and/or “free”.
As described in the Fees Charged For Services Section, Parksberry generally uses the services of third party E-Commerce Providers (providers of “Third Party Services, E-Commerce and/or Third Party Services, Electronic Payment Processing) for transactions relating to purchases of Services (or any portion thereof), subscriptions, Parksberry services or products on websites, mobile applications or services.
Importantly, Parksberry does not currently purposely direct, target and/or knowingly offer goods or services in any Not-Targeted Location; and does not currently purposely intend (and/or knowingly) consumating some transaction with (or in) any Not-Targeted Location (or with Not-Intended Accessorsthereof). Offerings, as defined below, are not intended for Not-Intended Accessors in any Not-Targeted Location and if you believe this applies to you, you should not purchase any service or product.
Certain services and products may from time to time be made available to you through the Services. The services and products that are offered for sale by Parksberry or its affiliates are each referred to as an “Offering”. Terms related to a specific service or product will accompany the Offering. In addition, these Terms of Sale apply to all Offerings. To make a purchase on Services (if and where available), you must be a registered Parksberry user. Parksberry sells its services and/or products only to those users who can legally make purchases with a credit card. You must be eighteen years of age to make a purchase on the Services, or, if you are under the age of eighteen but over the age of sixteen (16), you may make purchases on the Services (if and where available) with the knowledge and consent of your parent or legal guardian. Parksberry reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion. We may accept various credit cards at any different times. However, by submitting an order through the Services, you authorize Parksberry, or its designated provider of Third Party Services, Electronic Payment Processing, to charge the account you specify for the purchase amount using your credit card if we accept it. All payments are to be made in United States Dollars.
You agree to pay any applicable fees for any purchase you make of any Offering, without limitation, any applicable sales, uses or similar taxes or charges. Certain products, fee-based services or features that you purchase, access or that may be available for download may be subject to additional terms and conditions presented to you at the time of purchase, access or download.
Disclaimers, Limitations on Liability
THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND PARKSBERRY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARKSBERRY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PARKSBERRY MAKES NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE SERVICES WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE SERVICES AND/OR OUR THIRD PARTY SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CONTENT, USER CONTENT, INFORMATIONAL CONTENT OR THROUGH ANY THIRD PARTY ON OR THROUGH SERVICES) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL Parksberry BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE SERVICES, ATTENDANCE AT A PARKSBERRY EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE SERVICES, THIRD PARTY SUPPLIERS, CONTENT, USER CONTENT, INFORMATIONAL CONTENT, THIRD PARTY SERVICES, THIRD PARTY ADVERTISEMENTS, SPONSORSHIPS TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES, OR THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF CONTENT, USER CONTENT, INFORMATIONAL CONTENT, SERVICES OF THIRD PARTY SUPPLIERS, PROVIDERS OF THIRD PARTY SERVICES AND PROVIDERS OF THIRD PARTY ADVERTISEMENTS, SPONSORSHIPS, ANY SERVICES OR GOODS PROVIDED BY ANY THIRD PARTIES IS/ARE SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR THIRD PARTY SUPPLIERS’ SYSTEMS (OR OTHERWISE IN OUR CARE), WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. PARKSBERRY ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY USER CONTENT AND/OR INFORMATIONAL CONTENT. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE SERVICES.
Limitations on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARKSBERRY, ITS OWNER, HOLDER, ITS PROPRIETORS, MEMBERS, SHAREHOLDERS, VENTURERS AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND OUR AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE “PARKSBERRY PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SERVICES EVEN IF PARKSBERRY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Parksberry’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PARKSBERRY FOR THE SERVICES DURING THE TERM OF YOUR USE OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF PARKSBERRY’ ACTS OR OMISSIONS OR YOUR USE OF SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PARKSBERRY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BY ACCESSING ANY SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant thereto.
Parksberry makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Services and/or Content (including Information Content). Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Parksberry or the Parksberry Affiliates. Views and opinions of users of the Services do not necessarily state or reflect those of Parksberry.
Governing Jurisdition: United States of America
The Services are operated from the United States of America, and are not currently intended for access and use in or from Parksberry Not-Targeted Locations and/or by Not-Intended Accessors.
Not all of the Site Service or Merchandise are available worldwide or nationwide, and Parksberry makes no representation that you will be able to obtain any Site Service or Merchandise in any particular jurisdiction, either within or outside of the U.S.
If you access or use the Services from a jurisdiction other than the U.S., you agree that (i) you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Services; and (ii) you are voluntarily transferring information (potentially personal information) and Content including User Content and/or Informational Content, if applicable, to the U.S., and (iii) you agree and consent that our obtaining and/or processing and/or storage of your information (potentially personal information possibly unintentionally or inadvertent if you are, for example, merely browsing the Internet or searching the Web) and Content including User Content and Informational Content, if applicable, is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
If at any time, Parksberry chooses in its sole discretion to revise Parksberry Not-Targeted Locations, Not-Intended Accessors, Parksberry will update the information in this Terms of Services, Interaction Agreement. If Parksberry chooses in its sole discretion to provide information in this Terms of Services, Interaction Agreement particularly in its Privacy Statement and/or Cookie IBA/OBA Notice that may be relevant to users possibly from a jurisdiction other than the U.S., such information is solely as a convenience, Parksberry nonetheless does not acquiesce to any jurisdiction other than the U.S.
You acknowledge that Parksberry is a provider of interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. § 230 and in the e-Commerce Directive 2000/31/EC,and expressly reserves its rights to not be treated as the publisher or speaker of any Content and/or information accessible on or through the Services; or through any third party advertisements or additional content discoverability features.
Software available in connection with the Services may be further subject to United States export controls. No such software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.
(1) Parksberry, including its Parksberry Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and Parksberry, regarding any aspect of your relationship with Parksberry, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Parksberry agrees to give up the right to sue in court. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Parksberry, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any and all claims between you and Parksberry in any way related to or concerning this Arbitration Agreement, any other aspect of these Terms of Services, Interaction (including their applicability and their conformance to applicable law), any products or services provided by Parksberry, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and Parksberry retains the right to sue in small claims court and (ii) each of you and Parksberry may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator. Each of you and Parksberry also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Parksberry (see paragraph 9 below). There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).
(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.
(3) Any arbitration between you and Parksberry will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and Parksberry cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of Parksberry and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/ . The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/rules-streamlined-arbitration/. The arbitrator is bound by the terms of this Agreement.
(4) If either you or Parksberry wants to arbitrate a claim, you or Parksberry must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, Parksberry Service to which the Notice relates, and the relief requested. Your Notice to Parksberry must be sent by mail to Arbitration Notice of Dispute, c/o Administrative Services, 1601 West Fifth Avenue B120, Columbus, Ohio 43212. Parksberry will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to Parksberry at the address listed above to which you sent your Notice of Dispute.
(5) You and Parksberry acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND Parksberry MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) Parksberry will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys’ fees, except as otherwise provided in paragraph 8 below.
(6) JAMS charges filing and other fees to conduct arbitrations. The claimant has to pay the filing fee to initiate arbitration. If you wish to commence an arbitration against Parksberry, you and the Parksberry acknowledge and agree to abide by the following:
– Parksberry and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. Parksberry will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.
– Parksberry and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.
(7) Regardless of how the arbitration proceeds, each of you and Parksberry shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(8) Each of you and Parksberry may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if Parksberry failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than Parksberry’s highest settlement offer, then Parksberry will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If Parksberry wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.
(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not order Parksberry to pay any monies to or take any actions with respect to persons other than you, unless Parksberry explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless Parksberry expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
(10) You and Parksberry agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
(11) With the exception of subpart (a) in paragraph (5) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (5) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against Parksberry must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
The Agreement will be governed by, and construed in accordance with, the laws of the State of Ohio, United States of America without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Company agree to submit to the exclusive jurisdiction of the courts located in Columbus, Ohio, United States of America to resolve any Dispute arising out of the Agreement or the Services.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
SUBJECT TO APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold Parksberry, its owner, holder, proprietors, members, shareholders, venturers, its Parksberry Affiliates, subcontractors and other partners, and Parksberry’ and their respective officers, directors, employees, subcontractors, partners and agents harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THIS AGREEMENT OF USE OR ANY APPLICABLE LAW; YOUR USE OF THE SERVICES AND/OR CONTENT (INCLUDING INFORMATIONAL CONTENT, PUBLIC RECORDS) IN VIOLATION OF THIS AGREEMENT; INFORMATION OR CONTENT POSTED OR TRANSMITTED THROUGH YOUR AUTHORIZED DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR ENTITY OR DEFAMES ANY PERSON OR ENTITY; AND ANY MISREPRESENTATION MADE BY YOU. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN PARKSBERRY’S DEFENSE OF ANY CLAIM. PARKSBERRY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF PARKSBERRY.
Parksberry does not knowingly accept, via the Services or otherwise, unsolicited submissions including, without limitation, submissions by you of business ideas, concepts, utilities, methods, processes, specifications, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals or other ideas. This is to avoid the possibility of future misunderstanding when projects developed by Parksberry might seem to others to be similar to the submitted ideas, concepts, utilities, methods, processes, specifications or other related content. Parksberry requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Parksberry or Affiliated Parksberry creative work including, without limitation, Services, business, concepts, utilities, methods, processes, specifications, film, series, story, title or concept would be purely coincidental. You agree not to use Services, verbal, mail, email address or any other means of transmission for the purpose of transmitting any such unsolicited business ideas, concepts, utilities, methods, processes, specifications, film, series, story, title or concept or other related content unless authorized in writing by an authorized representative of Parksberry prior to any such transmission or communication. If you do send any submissions to Parksberry via the Services that are unsolicited (including but not limited to any Forum), you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and Parksberry; (ii) any such unsolicited submissions and copyright become the property of and will be owned by Parksberry (and are not User Content licensed by you to Parksberry under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Parksberry sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against Parksberry or Parksberry Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Parksberry Confidential Information
“Parksberry Confidential Information” shall include, but shall not be limited to, any and all information associated with Parksberry’s business (including under any Parksberry owned brand, mark, tradename, project name, fictitious name), including specific business information, Formats, Elements, Projects technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Parksberry Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
You agree to use Parksberry Confidential Information, if you have received such information and/or possess knowledge of such information, solely as necessary for performing your obligations under this Terms of Services, Interaction Agreement and in accordance with any other obligations in these Terms of Services, Interaction Agreement including this Section. You agree that you shall take all reasonable steps, at least substantially equivalent to the steps you take to protect your own proprietary information, to prevent the duplication, disclosure or use of any such Parksberry Confidential Information, other than (i) by or to your employees, agents and subcontractors who must have access to such Parksberry Confidential Information to perform such party’s obligations hereunder, who each shall treat such Parksberry Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Services, Interaction Agreement, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Parksberry Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to Parksberry’s Confidential Information, and without breaching any provisions of these Terms of Services, Interaction Agreement; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Services, Interaction Agreement.
From time to time, Parksberry may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all users (“BETA Services”). BETA Services may be subject to additional terms and conditions, which Parksberry will provide to you prior to your use of the BETA Services. Such BETA Services and all associated conversations and materials relating thereto will be considered Parksberry Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the BETA Services without Parksberry’s prior written consent. Parksberry makes no representations or warranties that the BETA Services will function. Parksberry may discontinue the BETA Services at any time in its sole discretion. Parksberry will have no liability for any harm or damage arising out of or in connection with a BETA Service. The BETA Services may not work in the same way as a final version. Parksberry may change or not release a final or commercial version of a BETA Service in our sole discretion.
Expressions of Interest in Parksberry
Parksberry, generally, does not post Parksberry opportunities for expressions of interest in Parksberry (particularly recruitment opportunities) on Services. Parksberry uses providers of third party services of recruitment. Parksberry may, from time to time, express Parksberry opportunities for expressions of interest in Services particularly in Beta Services and Advanced Services and/or refer users to submit expressions of interest to Parksberry. If you choose to submit your name, contact information, and/or other personal information to Parksberry for such limited purpose, you are authorizing Parksberry to utilize this information for all lawful and legitimate prospective business relationship purposes. Parksberry also reserves the right, at its sole discretion, to forward the information you submit to its Parksberry Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Parksberry Services (including “BETA” services or Advanced Services) will constitute a promise by Parksberry to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Parksberry Services (including “BETA” services or Advanced Services) constitute a promise that Parksberry will review any or all of the information submitted to it by users of the Parksberry Services (including “BETA” services or Advanced Services).
You agree that any notices the Parksberry may be required by Applicable Law to send to you will be effective upon Parksberry’s sending an e-mail message to the e-mail address you have on file with Parksberry or publishing such notices on the informational page(s) of the Services. Additionally, from time to time, we may communicate with you about the Services and this Agreement electronically (e.g., emails to your registered email address, notices on the Services, subscription progress tracking). You consent to receive electronic communications from Parksberry and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.
No Joint Venture, Partnership, Employment, Agency
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Parksberry as a result of this Agreement or your use of the Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits Parksberry’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Parksberry Services or information provided to or gathered by us in connection with such use.
Notice to (Not-Intended Accessors) California
The State of California is currently a Parksberry Not-Targeted Location. Natural persons, identifiable living persons, citizens, residents, consumers, entities of the State of California are each a Not-Intended Accessor.
Where, in respect of the State of California, there is a Judgment that (State of California) Law Applies to Parksberry, this Agreement is amended to include the following:
Under California Civil Code Section 1789.3, California users of digital services are entitled to the following specific consumer rights notice: Provider – Parksberry. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Disclaimer of Jurisdiction, Nexus
Parksberry expressly disclaim any jurisdiction of any authority in any location that Parksberry does not (i) purposely direct its activities towards, (ii) intends consummating some transaction in (and/or with any natural living persons, identifiable living persons, data subjects, citizens, residents, consumers, entities therein, or (iii) purposely avails itself of the privelage of conducting activities in, or (iv) otherwise purposely intend engagement in any activity that constitutes sufficient nexus with any such locations to satisfy the requirements for jurisdiction of any authority in any such location.
You agree that the Services and any marketing and/or other online or offline communicating by Parksberry (and/or any similar activities of its proprietors, members, shareholders, partners, venturers, Parksberry Affiliates, and Parksberry’s and their respective officers, directors, employees, contractors, subcontractors, partners, and agents) particularly between Parksberry and you, anywhere in the world, are not (and shall be construed to be) activities, solicitations, requests or entreat of you to access or use Services and/or to interact with Parksberry and/or to order or purchase any Parksberry service or product in any Not-Targeted Location and/or if you are a Not-Intended Accessor.
Judgment that Law Applies to Parksberry
Where a judge in the Governing Law venue provided in this Terms of Services, Interaction Agreement (including a judge of a United States district court or a United States court of appeal in the State of Florida, US) writes in a decision findings of fact and conclusions of law (accompanied by a memorandum that explains the judge’s reasoning) in an order that is a final judgment (or a final judgment) that some law (e.g. State of California CCPA) in a jurisdiction of a Not-Targeted Location (e.g. State of California or State of Nevada) applies to Parksberry (and any Not-Intended Accessor of such jurisdiction is entitled to certain rights under some law – subject first to any use of Anonymizing Technologies and our actual personal knowledge of any Not-Intended Accessor actually accessing, using Services in or from that Not-Targeted Location) – this Terms of Services, Interaction Agreement (and our Privacy Statement) is automatically modified, amended (including during pendancy of any appeal proceeding) including its provisions, supplements (e.g. our Conditional Amending California Statement), notices, statements, terms and attachments in respect of compliance with that law of that jurisdiction judged applicable to Parksberry (and in good faith compliance with any administrative agency regulations) provided that such order for final judgment (or a final judgment):
(i) is signed by that judge (or presiding judge), in that proceeding in a court of competent jurisdiction (where a supreme court opinion says such type of order for final judgment or final judgment is appealable) prior to the deadline date of filing and acceptance of any notice of appeal, and
(ii) is signed and dated by the court administator of such court of competent jurisdiction certifying the above findings of fact, conclusions of law) prior to the deadline date of filing and acceptance of any notice of appeal, and
(iii) is recorded on the electronic register of actions for such order for final judgment (or a final judgment) in such Governing Law Venue (including a United States district court or a United States court of appeal).
we refer to this above described application of law culminating in a judgment (or a final judgment) as “Judgment that Law Applies to Parksberry”.
If you see other parties violating this Agreement, we would appreciate it if you would let us know at ladmin@Parksberry.com. Precisely how Parksberry responds to a party that is violating this Agreement will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Parksberry’s precise response with respect to one party or one situation as any indication of what Parksberry might do with respect to another party or another situation, even if the parties or situations appear to you to be similar.
No Waiver
Similarly, the failure of Parksberry to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. If we fail to act in response to a violation of this Agreement, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of this Agreement with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Parksberry’s decision to delay exercising or enforcing any right or remedy under this Agreement shall not constitute a waiver of such right or remedy. Even if Parksberry acts in a way that appears to you to be inconsistent with this Agreement, Parksberry’s action shall not be deemed a waiver or constructive amendment of this Agreement.
Section Titles for Convenience Only
The Section titles, Sub section headings, Table titles, Table section titles and similar area headings in this Agreement including Privacy Statement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
No Admission
Nothing in this Agreement is (or shall be construed to be) an admission by Parksberry of any violation of any federal, state, local or international law, regulation, common law, breach of any contract, or any other fault, wrongdoing, liability or wrongdoing of any type in any jurisdiction; and/or admission by Parksberry of application of any law to Parksberry in any jurisdiction and/or any admission by Parksberry of actual personal knowledge of any party (including third parties) and backgrounds thereof, records, finances, operations and similar information thereof.
Miscellaneous
In this Agreement, including and/or include means “including, but not limited to”.
In this Agreement, access, use and/or accessing, using means “each time you access, use (and/or downloads or installs) any Services, and/or each time you order or purchase a Parksberry owned service or Parksberry owned brand(ed) product (and/or each time you interact in business with us), regardless of whether you are a registered user”
This Agreement, along with our Privacy Statement and any other supplements, notices, guidelines, terms, rules expressly incorporated into this Agreement by reference, constitute the entire agreement between you and Parksberry with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements between the us with respect to the subject matter hereof. This Agreement may not be amended, nor any obligation waived, without Parksberry’s written authorization.
Please contact us at: ladmin@Parksberrypictures.com, Subject: Question Regarding Terms of Services, Interaction with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
© 1990-2021 Administrative Services as Nominee. ALL RIGHTS RESERVED.
Effective: December 31, 2019
Effective: 31 January, 2020, Updated 31 December, 2020 (in respect of the United Kingdom if determined applicable to us)
Cookie Notice
Cookie UK Supplement
This Privacy Statement is part of the Terms of Services, Interaction Agreement.
PLEASE NOTE: PARKSBERRY DOES NOT CURRENTLY DIRECT ITS ACTIVITIES TO (AND/OR INTEND ITS SERVICES FOR): (I) ANY NOT-TARGETED LOCATION INCLUDING ANY MEMBER STATE OF THE EU, EEA, EFTA AND SWITZERLAND, AND/OR ANY LOCATION SUBJECT TO (OR INCORPORATING INTO ITS JURISPRUDENCE) EU LAW AND/OR THE STATE OF CALIFORNIA AND/OR THE STATE OF NEVADA, UNITED STATES OF AMERICA; AND/OR (II) ANY NOT-INTENDED ACCESSOR INCLUDING ANY NATURAL LIVING PERSON, DATA SUBJECT, CITIZEN, RESIDENT, CONSUMER, ENTITY THEREOF. IF YOU BELIEVE ANY OF THESE APPLY TO YOU, PLEASE DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO OR ON ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY PARKSBERRY SERVICE OR PRODUCT, AND DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
IMPORTANTLY, THE “ARBITRATION AGREEMENT” SECTION OF OUR TERMS OF SERVICES, INTERACTION AGREEMENT CONTAINS PROVISIONS THAT REQUIRE (I) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND PARKSBERRY UNDER OUR AGREEMENT (INCLUDING DISPUTES IN CONNECTION WITH THIS PRIVACY STATEMENT AND/OR YOUR PERSONAL INFORMATION IN CONNECTION WITH SERVICES OR Parksberry), TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (II) YOU AND PARKSBERRY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW THE ARBITRATION AGREEMENT. BY ACCESSING, USING ANY SERVICES (AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO OR ON ANY DEVICES), ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT, AND/OR INTERACTING WITH PARKSBERRY, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
PLEASE NOTE OUR TERMS IN CONNECTION WITH THE USE OF “ANONYMIZING TECHNOLOGIES“.
BY ACCESSING, USING ANY SERVICES (DESCRIBED IN MORE DETAIL HERE), AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO OR ON ANY DEVICES, AND/OR ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT, AND/OR INTERACTING WITH PARKSBERRY, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS TERMS OF SERVICES, INTERACTION AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF OUR TERMS OF SERVICES, INTERACTION AGREEMENT (INCLUDING THIS PRIVACY STATEMENT), DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO OR ON ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY Parksberry SERVICE OR PRODUCT, AND DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
Application of this Privacy Statement
Personal Information, If Any, We May Collect, Categories, Purposes, Sources
When We May Share Your Information, If Any
Basis, As Applicable, For Use of Your Information, If Any
Children
Marketing and Marketing Choices
Rights You May Have
Choices You May Have
How Information, If Any, Is Protected
How Long Information, If Any, Is Kept
International Transfers
Updates to our Privacy Statement
Contact Us
Supplemental Privacy Notice For Informational Content Discoverable and Distributed Via Advanced Services (“Informational Content Privacy Notice”)
Conditional Amending Supplement to Privacy Statement for (Not-Intended Accessors) California Consumers under CCPA (“Conditional Amending California Statement”)
Public Records Privacy Notice
Supplemental Notice For Cookie & IBA/OBA Policies (“Cookie Notice”)
Supplemental Information, Third Parties
Do Not Sell My Personal Information
Cookie UK Supplement
Application of this Privacy Statement
This Privacy Statement explains how Parksberry and its affiliates (“Parksberry Affiliates”) (collectively “we” or “us”) collect, use, and share information, if any, from or about you (“you,” “your,” and “yourself”) when you use our Parksberry owned Services including websites, downloadable applications (if any), interactive applications (if any), voice-activated services (if any), connected devices such as location devices (if any), other digital services and off-line services that link to this policy, or if you engage in business with us (subject to exceptions described further below). For more detail about Services, please click Services. This Privacy Statement is part of our Terms of Services, Interaction Agreement
This Privacy Statement applies to all users of Services, including both (i) those who use any Services without being registered with (or subscribing to) one or more Services, and (ii) those who have registered with (or subscribed to) any Services. Please note that this Privacy Statement Notice does not apply to:
• third party content of certain customers that pay us, if any (each an “Advanced Customer”), in respect of our particular advanced Services (each an “Advanced Service”) that is inputted/uploaded and processed, stored, or hosted by these Advanced Customers using Advanced Services in connection with their account (if any) with us, in which case this personal information (if any) is governed by such Advanced Customer’s respective, individual privacy policies, and
• third party content that is distributed within Services (including specifically Advanced Services) including with respect to personal information included in such third party content, although this is further addressed further in our “Supplemental Informational Content Privacy Notice”.
• any website, application, product, software, service, or content that are offered by third parties or that link to their own privacy statement, privacy policy, or privacy notice.
You can access this Privacy Statement at any time by clicking the link generally located within Services’ footer area of websites’ home pages, or via menu buttons/hamburger icons, as available via Services, or on description screens of applicable Services, or as otherwise indicated depending on the particular Service that you access, use.
If you are using certain third party software, applications and/or services that “hide”, “mask”, “spoof” (and/or other similar processes) or otherwise pseudonymize, depersonalize and/or anonymize information, please review ” Anonymizing Technologies“.
Parksberry Services are under many different brands. You can find out more information about Parksberry owned brands, Parksberry including a list of our Parksberry Affiliates by clicking: Trademarks, Intellectual Properties and Rights. Any additional privacy terms that relate to specific Parksberry services or products should be read in conjunction with this Privacy Statement.
Please note: Parksberry, does not currently purposely direct its activities to or target locations including: Member States of the European Union (“EU”) and/or European Economic Area (“EEA”) and/or European Free Trade Area (“EFTA”) and/or any location subject to (and/or incorporating into its jurisprudence) EU law and/or Switzerland and/or State of California, State of Nevada, United States of America (each a Not-Targeted Location); and/or natural living persons, data subjects, citizens, residents, consumers thereof (each a Not-Intended Accessors). Where there is a Judgment that Law Applies to Parksberry in respect of some law (ex. like “GDPR”, or like the “CCPA” ) of a particular jurisdiction (ex. in respect of the EU or EEA or EFTA or Switzerland, or in respect of the State of California respectively), this Privacy Statement is automatically modified, amended (including during pendancy of any appeal proceeding) by the provisions (as noted throughout this Privacy Statement), any supplements (e.g. “Conditional Amending California Statement” as noted therein), notices, statements, terms contained in this Privacy Statement (or attached hereto) in respect of compliance with that law of that jurisdiction judged applicable to Parksberry (and in good faith compliance with any administrative agency regulations) provided that such order for final judgment (or a final judgment) is in accordance with provision described here.
Controller, Processor
UK 31 January 2020 Privacy Law. Importantly, some laws, as reported, like the new United Kingdom General Data Protection Regulation (“UK-GDPR”) [in conjunction with the newly amended Data Protection Act 2018 (“DPA 2018”) as amended by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (“DPPEC Regulations”) incorporating any legislation replacing the e-Privacy Directive 2002/58/EC (“collectively “EPD”) as applicable in the UK (tailored by DPA 2018 and its supplements as to certain types of processing to the extent the GDPR and/or EPD have been harmonized into law that took effect in the United Kingdom on January 31, 2020) and subject to applicable dates pursuant to the “Transition Period” to December 31, 2020 (“Keeling Schedules” showing the changes that took effect on Exit Day, January 31, 2020)] and/or the Privacy and Electronic Communications (EC Directive) Regulations 2003 implementing the EU’s ePrivacy Directive (Directive 2002/58/EC) (“PECR”) that set out privacy rights relating to electronic communications even if applied separately (we refer to all these as “UK 31 January 2020 Privacy Law”) – distinguish between a “controller” and a “processor” (or similar terms).
If UK 31 January 2020 Privacy Law applies to us and/or in respect of some law like EU “GDPR” in respect of the EU or EEA or EFTA or Switzerland, where there is a Judgment that (some such EU, EEA, EFTA or Switzerland) Law Applies to Parksberry (subject first to any use of Anonymizing Technologies and our actual personal knowledge of any Not-Intended Accessor actually accessing, using Services in or from such Not-Targeted Location): that we are a “controller” for those Services where we make decisions on how personal information is used in connection with our Services, and we are a “processor” for those Services where we only use personal information as allowed by our customers (if any). Where we make decisions on how personal information is used in connection with our Services (where we are acting as a controller), we are responsible for the obligations of a “controller” under law in connection with the processing of personal information – for example, we use this Privacy Statement and other notices to provide you with information about our use of personal information, as required by law. Where we only use personal information as allowed by our customers (where we are acting as a processor), our customers (if any) are similarly responsible for the obligations of a “controller” under applicable laws in connection with the processing of personal information; and, if you are using any Services (including Advanced Services) through, for example, one of our Advanced Customers (if any), you should contact them if you have questions or concerns about the processing of your personal information or compliance with applicable laws.
Where, in respect of the State of California, there is a Judgment that (CCPA) Law Applies to Parksberry, this Agreement is amended to include, in compliance with the California Consumer Privacy Act of 2018 (“CCPA”), the attached: Conditional Amending Supplement to Privacy Statement for (Not-Intended Accessors) California Consumers under CCPA (“Conditional Amending California Statement”).
Please visit our Public Records Privacy Notice for more information about discoverable public records (and other third party Informational Content) and personal information that may be contained therein.
PLEASE READ THIS PRIVACY STATEMENT CAREFULLY TO UNDERSTAND HOW WE (MAY) HANDLE YOUR INFORMATION, IF ANY. BY ACCESSING, USING ANY SERVICES, AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO OR ON ANY DEVICES, AND/OR BY ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT, AND/OR INTERACTING WITH PARKSBERRY, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THIS PRIVACY STATEMENT AND THAT WE WILL (MAY) COLLECT, USE AND SHARE YOUR INFORMATION, IF ANY, AS SET FORTH BELOW.
Personal Information, If Any, We May Collect: Categories, Purposes, Sources
The type of information we (may) collect depends on how (and where) you are specifically interacting with us and which particular Services you access and use.
Please note: Parksberry, does not currently purposely direct its activities to or target locations including: Member States of the European Union (“EU”) and/or European Economic Area (“EEA”) and/or European Free Trade Area (“EFTA”) and/or Swtizerland and/or any location subject to (or incorporating into its jurisprudence) EU law, State of California, State of Nevada, United States of America (each a Not-Targeted Location); and/or natural living persons, identifiable living persons, data subjects, citizens, residents, consumers thereof (each a Not-Intended Accessor).
Where there is Judgment that Law Applies to Parksberry in respect of some law like “GDPR” or “CCPA” of a particular jurisdiction (ex. “GDPR” in respect of the EU or EEA or EFTA or Switzerland or the “CCPA” in respect of the State of California), to the extent some such law applies to us, this Privacy Statement is automatically modified, amended (including during pendancy of any appeal proceeding) by the information contained in this “Personal Information, If Any, We May Collect: Categories, Purposes, Sources” Section in respect of compliance with that law of that jurisdiction judged applicable to Parksberry (and in good faith compliance with any administrative agency regulations) provided that such order for final judgment (or a final judgment) is in accordance with here:
Each Service’s collection and use of information may vary. The tables below explain, generally, the categories of information collected (including by third parties, where applicable), the varying purposes for which information is used (or by third parties, where applicable) and sources including third parties (such as publicly available sources). Please note that we may use any or all of this information to comply with the law, detect or prevent fraud, and to defend our legal rights. Further detail about each of the purposes is set out in the “Additional Information on Purposes” table section further below.
We may obtain (collect) information from you because, generally, as the source, you voluntarily provide it to us in categories that may include:
| Categories include: | Purposes of use |
| Contact information and account registration information (if applicable), including, for example: name, alias, email address, postal address, telephone number, account user name and password, authentication methods, account profile details, other similar contact and account information, and any information you may provide to us at an event or in person. | • Provide the Parksberry Services• Personalize your experience• Send you marketing communications• Provide seamless experience across platforms and devices• Protect our users, Services and properties• Build and manage business-to-business relationships• Market and advertise for third parties |
| Identification and demographics, including, for example: age and date of birth, gender, marriage status, nationality (country), ethnicity, personal or household (familial) information including financial status or metrics, military status, interests, lifestyle information, photos (including your image or personal avatar or emoji), social media credentials, including identification information about others such as friends, contacts or referrals you provide (with their express individual authorization and consent) and other similar identification and demographics data | • Provide the Parksberry Services• Personalize your experience• Send you marketing communications• Provide seamless experience across platforms and devices • Protect our users, Services and properties• Market and advertise for third parties |
| Transactional, that may include, for example: subscriptions histories, memberships, and the personal details of others that you provide (with their express authorization and consent) and other similar transactional information. Note, importantly, we generally use third party E-Commerce Providers (including for electronic payment processing services) for order, purchase and payment transactions in which case such third party E-Commerce Providers obtain/collect, if applicable, your credit/debit card details, expiration date, card security code (or other Personal Financial Information), if any, not Parksberry. From time to time we may provide Offerings via particular Services using third party “shopping cart” computer application software to registered users of such particular Services, and you may provide your delivery or shipping address information together with other “shopping cart” order details preceding any payment processing. | • Provide the Parksberry Services• Personalize your experience• Send you marketing communications• Provide seamless experience across platforms and devices• Protect our users, Services and properties• Market and advertise for third parties |
| User Content, including, for example: photos, videos, audio, updates, posts, and other information you may voluntarily submit to us, such as comments on our public forums, your messages from your account to other registered users accounts (if applicable), and similar User Content. | • Provide the Parksberry Services• Personalize your experience• Send you marketing communications• Protect our users, Services and properties• Market and advertise for third parties |
| Research and feedback, including, for example: comments that you send us through online forms and social media platforms, by email, over the phone, by mail, or in surveys. | • Provide the Parksberry Services• Personalize your experience |
| Audio and video, including, for example: audio recordings of a customer service call or security video footage if you visit one of our properties, and other similar audio, video information. | • Provide the Parksberry Services• Personalize your experience• Protect our users, Services and properties |
Information that we may collect automatically from you (and/or your device), each a source, but primarily you, may include:
| Categories include: | Purposes of use |
| Device information and identifiers, including, for example: network and connection information such as Internet Service Provider (ISP) and Internet Protocol (IP) addresses, cookie IDs, device and browser identifiers such as device, application, or browser type, version, plugin-type and version, operating system, user agent, language and time zone settings and other technical information, platform type, and advertising and app identifiers, and other similar device and identifiers information. | • Provide the Parksberry Services• Personalize your experience• Provide seamless experience across platforms and devices• Protect our users, Services and properties• Market and Advertise for third parties |
| Connection and Usage, including, for example: domain names, browsing activity, scrolling and keystroke activity, advertisements viewed, forms or fields you complete or partially complete, search terms, whether you open an email, content you view and duration, quality of the service and interaction with content, logs and other similar information. If these events occur while you are offline, they may be logged and uploaded to us when you next connect. | • Provide the Parksberry Services• Personalize your experience• Provide seamless experience across platforms and devices• Protect our users, Services and properties• Send you marketing communications• Market and advertise for third parties |
| Geolocation, including, for example: city, state and ZIP code associated with your IP address or derived through Wi-Fi triangulation (if we actually engage in such triangulation). Please note: GPS-based functionality on your mobile devices (and settings that you select) may facilitate you providing your location information (including possibly precise location information) to certain Providers of Third Party Services that may access such location information from mobile devices with your consent. Your location information (including possibly precise location) provided to us (including by Providers of Third Party Services such as Social Media that you choose to interoperate with particular Services) is, constitutes and implies your consent of our use (if any) of that information. | • Provide the Parksberry Services• Personalize your experience• Provide seamless experience across platforms and devices• Protect our users, Services and properties• Send you marketing communications• Market and advertise for third parties |
Information we may collect from third parties may include:
| Categories | Purposes of use | Sources of information |
| Information from public, commercial sources, including, for example: demographic information including at a household level, contact information, inferences about your preferences, loyalty program membership, and purchasing data, licensure, accreditations, educational information and related rankings, and similar public and commercial information. | • Provide the Parksberry Services• Personalize your experience • Provide seamless experience across platforms and devices• Send you marketing communications • Build and manage business-to-business relationships • Market and advertise for third parties | • Advertising providers • Analytics providers • Marketers • Partners (such as for sweepstakes partners) • Consumer data resellers • Public records databases • Related Companies • Your organization (or the subscriber providing access to particular Services, if any) through which you use particular Services |
| Social Media Information, including, for example: if you interact with us through a social media service or log in using social media credentials, depending on your social media settings, we may have access to your information from that social network such as your name, email address, friend list, photo, age, gender, location, birthday, social networking ID, current city, your comments about our Services, online posts, and the people/sites you follow. | • Provide the Parksberry Services• Personalize your experience • Send you marketing communications • Provide seamless experience across platforms and devices | • Social media networks• Partners of social media networks |
Information that we may collect for business relationships may include:
| Categories | Purposes of use | Sources of information |
| Business contact information, including, for example: company (or organization) name, your name, email address, and job (or status withing an organization) and similar information. | Build and manage business relationships | • You• Your company • Trade associations • Social media • Business data resellers |
| Due diligence information, including, for example: contact information, nationality, job title, age, date of birth, gender, country of residence, employment and education information, public, religious, political or trade union roles, personal and professional affiliations, connections to criminal activities or offences related to money laundering. | Compliance and risk management activities for business relationships | • Your or your company’s responses to our due diligence questions• Third party compliance screening tools and databases, such as those provided by third party risk (diligence and verification) solutions providers. |
Additional information on purposes of use:
| provide the Services (including in connection with the performance of a contract) including for example: • responding to your requests or inquiries, including technical support, comply with your instructions or to fulfill other, specified purposes for which you have given your consent, as well as to identify and authenticate your access to our Services or to identify and authenticate you before we provide you with certain information • sending you service-related communications • providing reservations, mapping guidance, and offers • displaying User Content you generate, such as video and comments • carrying out research and analytics for uses including improving our Services and developing new ones • processing your information for promotional campaigns such as sweepstakes and contests, and for surveys, online and offline panels and focus groups |
| personalize your experience, including, for example: • providing you with customized product experience, including personalized newsletters, viewing and other content recommendations from Parksberry, our partners and other organizations, • providing you with advertising based on your activities and interests including at a household level, • creating and updating profiles and audience segments that can be used for analytics, interested-based advertising and marketing on the Services, third party services and platforms, mobile apps and/or websites, connected devices and offline, • using inferences about your preferences and interests for any and all of the above purposes |
| send marketing communications (with consent if required), including, for example: • sending you newsletters, surveys and information about products, services and promotions offered by Parksberry |
| provide a seamless experience across platforms and devices, including, for example: • identifying you when you log into any Services on multiple devices or web browsers to provide continuity and to match your interests across devices for the purposes of analytics, advertising, reporting and to improve the Services • identifying you if your devices have attributes suggesting that they may be used by the same individual or household for purposes of analytics, advertising, reporting and to improve the Services |
| build and manage business relationships, including, for example: • pursuing potential business opportunities, including identifying and contacting the correct person within the company • sending communications for business purposes • sending event invitations, marketing emails and campaigns, and tracking the effectiveness of such communications • providing business contacts with access to our systems, and managing that access • transactions related to our Services (including Advanced Services) and administer accounts or profiles related to you or your organization (including registrations, subscriptions, sales, orders, royalty calculations, and accounting for payments) |
| market and advertise for third parties, including, for example: • send you newsletters, promotional emails, surveys and information about products, services and promotions offered by our partners and other organizations with which we work • customize content that our third-party partners deliver on the Services (e.g., personalized third-party advertising) • create and update inferences about you and audience segments that can be used for interested-based advertising and marketing on the Services, third party services and platforms, and mobile apps • create profiles about you, including adding and combining information we obtain from third parties and matching your interests across devices, which may be used for third-party marketing and advertising on Services, third party services and platforms, mobile apps and/or websites, connected devices and offline |
| compliance and risk management activities for business relationships, including, for example: • compliance with laws and regulations as well as to fulfill our contractual obligations with our Advanced Customers when they arrange access to our Services (including Advanced Services) for you • managing third party and other risks to our business • protecting the reputation of our businesses • following the principles of ethical business conduct and best practices that we follow |
| protect our users, Services and properties, including, for example: • protecting the safety and security of users and visitors to the Services • protecting our digital and physical properties • detecting and preventing other activities that may be illegal or in violation of our Terms of Service for that respective Service |
| We may combine all the information we collect from or receive about you for the outlined purposes. We may aggregate or de-identify your information and may use, share, rent or sell aggregated or de-identified information for any purpose, and such information is not subject to this Privacy Statement. |
When We (May) Share Information, If Any
We may share your information with:
• Related Entities: Parksberry Affiliates to help better tailor services, products, marketing, and advertising to you and to other existing and potential customers. We may share identification and demographics, device information and identifiers, and research and feedback for purposes such as improving and tailoring services. In addition business information may be shared for business operational purposes.
• Advertisers, Advertising Networks, and Other Third Parties: We may share information with advertisers, advertising exchanges, and marketing agencies (ex. Providers of Third Party Services and/or Providers of Third Party Services, Direct Advertisements, Sponsorships) that we engage for advertising services, to deliver advertising on some of our Services, and to assist us in advertising our brand and products and services. We may share information about how you use the Services and interact with content or ads to better tailor services, products, marketing and advertising on our Services and on third-party platforms. To enable these purposes, we may share certain demographics information, User Content, device information and identifiers, connection and usage data, geolocation data (please review information here), public and commercial information, and social media information. Those advertising services may also target advertisements on third party websites based on cookies or other information indicating previous interaction with us and/or our Services. These third parties may use their own tracking technologies to collect or request information about you, please see our Cookie Notice.
• Sponsors: We may share your information with Providers of Third Party Services, Direct Advertisements, Sponsorships. For instance, if you enter a contest or sweepstakes sponsored by a third party, we may share the information you provide for that entry with the sponsor. Depending on the sponsorship, we may share certain information including contact information (at your direction), identification and demographic information, transactional information, User Content that you provide, research and feedback, device information and identifiers, connection and usage information, public and commercial information, and social media information.
• Social Networks:We may share your information with Providers of Third Party Services, Social Media (social networks and/or social media platforms) for example, if you click on a Facebook “like” button on a Parksberry Service, the “like” may appear on your Facebook account. To control this sharing of information, please review and adjust your privacy settings for the relevant social network. Depending on your privacy settings and actions on such network, we may share contact information, identification and demographic information, user-generated content, device information and identifiers, connection and usage data, and social media information.
• Third Party Suppliers and/or Providers of Third Party Services: We engage vendors to perform business purposes on our behalf and share information with them to enable them to provide us with such business purposes, including research and analytics, hosting, transaction and payment processing, promotion administration, fraud prevention, identity management, acquisition and other services. Service providers may use such information for their operational purposes in order to provide their services to us.
• Research and Measurement Companies: We may share information about Content you view on the Services with video measurement services such as Providers of Third Party Services, Ratings, as well as other analytics providers. See “Your Rights and Your Choices” sections for more information.
• Search Engines: Depending on the Service, you may be able to engage with other members of the Service or the public. This may make the name and photo associated with your profile and any comments or User Content you provide visible to other members of that Service (or networked Services) or the general public. If the information is available to the general public, it may also be searchable by search engines.
• Law Enforcement, Regulators, Anti-fraud Coalitions and other groups: We share any of the categories of information we collect, as appropriate, with these third parties in order to: protect and enforce the legal rights, privacy, and safety of ourselves and our visitors; protect against possible fraud or other illegal activity; respond to requests from government and other authorities; and otherwise comply with legal process.
• Users: For some of our Services (including Advanced Services), we aggregate information from public records, phone books, social networks, marketing surveys, business websites, and other sources made available to us to create listings and profiles that become a part of our content in these Services, such as attorney and legal professional directories. These listings and profiles may be made available to all users of these Services. As described above, we may also share your personal information with other users who are your contacts if you are in the same organization or to facilitate the exchange of information between you and the contact(s). Additionally, if you choose to include your personal information in any reviews, comments, or other posts that you create, then that personal information may be displayed other users as part of your posting.
• Your Organization and Contacts: We may share your personal information with your organization and others with whom you have a relationship in order to fulfill or perform a contract or other legal obligation, including with our Advanced Customers (if any) that arrange access to our Advanced Services for you and pays us in connection with your access. We may also share your personal information with your contacts if you are in the same organization or to facilitate the exchange of information between you and the contact(s).
• Business Partners. We may share your personal information with our business partners to jointly offer, provide, deliver, analyze, administer, improve, and personalize products or services (including these Services) or to host events. We may also pass certain requests from you or your organization to these business providers.
• Third Party Content Providers: We may share your personal information with our third party content providers (including Third Party Services, Syndication Services) to perform tasks on our behalf and to assist us in providing, delivering, analyzing, administering, improving, and personalizing content that are delivered as part of our Services (including Advanced Services). We may also pass certain requests from you or your organization to these content providers.
We may share information about you along with a hashed or masked identifier, with third parties so they may better personalize your experience with them and the offers they send you. With your appropriate consent when required, and consistent with applicable law, we may share your video viewing behavior with third parties including service providers, advertising companies, analytic partners, and social media sites.
Sale or transfer of all or part of our business or assets.
In the event that Parksberry or any Parksberry Affiliate is involved in a merger, acquisition, transfer of control, bankruptcy, reorganization or sale of assets, or diligence associated with such matters, we may sell or transfer the information described in this Privacy Statement as part of that transaction.
Basis, As Applicable, for Use of Your Information, If Any
In certain circumstances, the laws of some jurisdictions, such as the United Kingdom under UK 31 January 2020 Privacy Law, may require certain parties to tell you about the legal basis for using, sharing, or disclosing your information.
Please note: Parksberry, does not currently purposely direct its activities to or target certain locations (each a Not-Targeted Location) and/or certain natural living persons, identifiable living persons, data subjects, citizens, residents, consumers, entities thereof (each a Not-Intended Accessor). In respect of some law like “GDPR” in respect of the EU or EEA or EFTA or Switzerland, where there is a Judgment that (GDPR) Law Applies to Parksberry, to the extent some such law applies to us, this Privacy Statement is automatically modified, amended (including during pendancy of any appeal proceeding) by this “Basis, As Applicable, for Use of Your Information, If Any” provision (and any other notices, statements, terms contained in this Privacy Statement) in respect of compliance with that law of that jurisdiction judged applicable to Parksberry (and in good faith compliance with any administrative agency regulations) provided that such order for final judgment (or a final judgment) is in accordance with here.
We may rely on the following legal basis:
Legal Basis, As Applicable, for Use of Your Information, If Any
• Performance of a contract: where use of your information is necessary to provide you with Services under a contract, for example the relevant Terms of Service.
• Legitimate interest: where use of your information is necessary for our or others legitimate interests and where the use is not outweighed by your rights and interests. Below are some examples of such interests:
◦ providing Parksberry Services
◦ improving our Services and developing new ones
◦ recognizing and better understanding our users, including across platforms
◦ conducting security and fraud prevention activities
◦ marketing and promoting our content and services
◦ building and managing business relationships
◦ conducting compliance and risk management activities
◦ providing and managing access to our systems
• Legal obligation: where use of your information is necessary to comply with laws and regulations such as those relating to anti-bribery and corruption and anti-money-laundering, complying with requests from government bodies or courts, or responding to litigation.
• With consent: we may ask for your consent to process your information in a certain way. Where we rely on this basis, you have the right to withdraw your consent at any time – please see the Your Rights and Your Choices sections below to do this.
Parksberry does not purposely direct our activities to or intend Services for children. If you are under the age of sixteen (16), you may not access or use any Services, interact with us, provide any information to us, including registering with any Services. We do not knowingly collect any personal information from children under the age of sixteen (16).
When a user discloses personal information on (or through) our Services, that user is representing to us that he or she is at least eighteen (18) years of age and not a natural person or data subject or citizen or resident or consumer of any Not-Targeted Location. If you are a parent or guardian and believe your child under sixteen (16) has provided us with personal information, please contact us at ladmin@Parksberry.com.
Where there is a Judgment that Law Applies to Parksberry in respect of some law like “GDPR” or “CCPA” of a particular jurisdiction (ex. “GDPR” in respect of the EU or EEA or EFTA or Switzerland or the “CCPA” in respect of the State of California), to the extent some such law applies to us, this Privacy Statement is automatically modified, amended (including during pendancy of any appeal proceeding) as to this provision regarding “Children” in respect of compliance with that law of that jurisdiction judged applicable to Parksberry (and in good faith compliance with any administrative agency regulations) provided that such order for final judgment (or a final judgment) is in accordance with here:
Marketing and Marketing Choices
Some Services and marketing materials may include third party advertising and links to other websites and applications that is served by third parties. Providers of third party ads may collect information about you when you interact with their content, advertising, or services. Third parties may deliver marketing via email, telephone, text messaging, direct mail, and various online channels as campaigns in which we may be a participant or on our behalf .
Parksberry may deliver advertising and marketing across particular Services or via email, telephone, text messaging, direct mail, and various online channels. You agree and consent to Parksberry ’s use of your contact information (that you voluntarily supply to us) and to receive Parksberry advertising and marketing via email, telephone, text messaging, direct mail and various online channels.
You can control cookies and tracking tools. To learn how to manage how we and our partners use cookies and other tracking tools, and to read our Cookie Notice.
As discussed, Parksberry, does not currently purposely direct its activities to or target certain locations (each a Not-Targeted Location) and/or certain natural living persons, identifiable living persons, data subjects, citizens, residents, consumers, entities thereof (each a (Not-Intended Accessor).
Where there is a Judgment that Law Applies to Parksberry in respect of some law like “GDPR” or “CCPA” of a particular jurisdiction (ex. “GDPR” in respect of the EU or EEA or EFTA or Switzerland or the “CCPA” in respect of the State of California), to the extent some such law applies to us, this Privacy Statement is automatically modified, amended (including during pendancy of any appeal proceeding) as to this provision regarding “Rights You May Have” in respect of compliance with that law of that jurisdiction judged applicable to Parksberry (and in good faith compliance with any administrative agency regulations) provided that such order for final judgment (or a final judgment) is in accordance with here:
If applicable to us, in certain circumstances, some local data protection laws, for example, including in the UK in respect of UK 31 January 2020 Privacy Law, may give you rights with respect to personal information if you are located in (or a resident of) that country, state, or territory.
IMPORTANT: WE ARE ONLY REQUIRED TO HONOR RIGHTS TO THE EXTENT THAT THESE RIGHTS HAVE BEEN GRANTED TO YOU AND APPLY TO YOU UNDER APPLICABLE DATA PROTECTION LAWS. PLEASE CONSULT YOUR LOCAL DATA PROTECTION LAWS TO DETERMINE WHAT RIGHTS MAY BE AVAILABLE TO YOU (IF ANY) AND WHEN ACCESS TO THESE RIGHTS ARE LIMITED.
You may be able to ask us to:
• provide access to certain information we hold about you (if we actually possess such certain information), in some cases in a portable format, if technically feasible (please note that, to the extent permitted by law, we may charge a reasonable fee based on administrative costs for the first or further copies of your personal information, if any, requested by you).
• update or correct your information
• delete certain information
• restrict the use of your information
• right to complain. You may have the right to lodge a complaint to an applicable supervisory authority or other regulator if you are not satisfied with our responses to your requests or how we manage your personal information.
We encourage you to first or also reach out to us at ladmin@Parksberrypictures.com, so we have an opportunity to address your concerns directly. We will respond within the time period prescribed by applicable law. Please note that many of the above rights are subject to exceptions and limitations.
Some Services can only be provided if we have your information, therefore deletion of your information will result in termination of such Services.
We will take reasonable steps to verify your identity, including authenticating you through the email address. We may require further documentation such as a password and user ID before granting access to your information.
Where, in respect of the State of California, there is there is Judgment that (CCPA) Law Applies to Parksberry, to the extent such law applies to us, this Privacy Statement is automatically modified, amended (including during pendancy of any appeal proceeding) to include, in compliance with the California Consumer Privacy Act of 2018 (“CCPA”), (and California Consumers or their authorized agents, may click) the attached: Conditional Amending Supplement to Privacy Statement for (Not-Intended Accessors) California Consumers under CCPA (“Conditional Amending California Statement”).
If you are based outside the U.S. and would like to exercise any individual right to which you may be entitled, please contact us at ladmin@Parksberry.com. Please include “Rights” in the subject line and provide a clear explanation of which right you are exercising and your country of residence in the body of the email. Your rights and our responses will vary based on your state or country of residency. Please note that you may be located in a jurisdiction where we are not obligated, or are unable, to fulfill a request. In such a case, your request may not be fulfilled. If you have any unresolved concerns, you may have the right to complain to your local data protection authority.
If you would like to opt out of Parksberry’s use of your information for such purposes (to the extent this is considered a sale), you may do so as outlined on the following page: Do Not Sell My Personal Information.
Where, in respect of the State of California, there is Judgment that (California’s Shine the Light law – California Civil Code Section 1798.83) Law Applies to Parksberry, to the extent some such law applies to us, this Privacy Statement is automatically modified, amended (including during pendancy of any appeal proceeding) to include, in compliance with California’s Shine the Light law – California Civil Code Section 1798.83, the information below:
Third Parties’ List – Shine the Light (California Residents only). California residents can also request a list of all the third parties to which we have disclosed certain personal information (as defined by California’s Shine the Light law – California Civil Code Section 1798.83) during the preceding year for those third parties’ direct marketing purposes. California residents may contact us at 1601 West Fifth Avenue, Columbus, Ohio 43212 US, c/o Administrative Services – Attn: JMR Chief Privacy. In the body of your request, you must include: “California Shine the Light Request”, your name, a current California address including, street address, city, state, and zip code, as well as sufficient information for us to determine if the law applies to you. You will need to attest to the fact that you are a California resident. We will not accept requests by telephone, email, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
Nevada Residents. Parksberry does not engage in the following activity, however Nevada law requires us to post the following: certain Nevada consumers may opt out of the sale of “covered information” for monetary consideration to a person for that person to license or sell such information. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. If you are a Nevada resident who has purchased goods or services from Parksberry, you may submit a request to opt out of any potential future sales under Nevada law by emailing us at ladmin@Parksberrypictures.com. Please use “Nevada Do Not Sell” in the subject line. Note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
Importantly, these rights are not absolutely guaranteed and there are several exceptions where we may not have an obligation to fulfill your request.
PLEASE CONSULT YOUR LOCAL DATA PROTECTION LAWS TO DETERMINE WHAT RIGHTS MAY BE AVAILABLE TO YOU AND WHICH EXCEPTIONS MAY APPLY.
If you are making a request with respect to our public records products, please visit our Supplemental Public Records Privacy Notice for more information about submitting a request or exercising your rights for these public records products.
Cookies and Similar Technologies. We and our service providers, advertisers, and other third parties use cookies and similar technologies (e.g., HTTP cookies, HTML 5, flash local storage cookies, web beacons, GIFs, embedded scripts, ETags/cache browsers, and software development kits) to recognize you on, off, and across Parksberry Services and your devices. For more information about the use of cookies and similar technologies on the Parksberry Services (including your opt-out choices) please see our Cookie Notice.
Mobile App and Connected Devices. Depending on the device you use, you may be able to manage your advertising and location preferences through your device settings and as outlined in our Cookie Notice. Many operating systems provide their own instructions on how to prevent the delivery of tailored in-application advertisements. We do not control how the applicable platform operator allows you to manage personalized in-application advertisements. You should review your device manufacturer’s support materials and/or the device settings for the respective operating systems for more detail on how to manage such preferences. You can stop all collection of information by a mobile app by uninstalling the app.
Opt-out of Video Measurement Research by Third Party Services, Ratings. Some video services accessible on or through Services may feature ratings services provided by third parties that incorporate proprietary measurement software that will allow you to contribute to market research. To learn more about one particular third party provider of digital measurement products that may incorporate its proprietary measurement software in some video services accessible on or through Services and your choices in regard to them, including in mobile apps and connected devices, please visit http://www.nielsen.com/digitalprivacy for more information. Parksberry does not control those third parties’ policies or practices and is not responsible for these third parties’ practices. The privacy policies of these third parties apply to their services.
Third-Party Services. Parksberry Services may contain links to Third Party Services. These other sites (even if co-branded as Parksberry) may collect information about you and use this information in accordance with their own privacy policies and terms of service. Parksberry does not control those third parties’ policies or practices. Where Parksberry collects personal information on a co-branded website or service, we will provide a link to our privacy policy as appropriate. In some circumstances, Parksberry may host some websites on behalf of others and those entities may place or permit the placement of cookies and other tracking technology. Parksberry is not responsible for these tracking practices.
How Information, If Any, Is Protected
We maintain organizational, technical, and physical safeguards to help protect the information we collect and use. These safeguards vary depending upon a variety of factors including the sensitivity of the information we collect and use. Despite all reasonable practices, no security method is infallible.
How Long Information, If Any, Is Kept
How Long We (Through Our Third Party Suppliers) Keep Your Information (If We Have Any). We will keep your information only for as long as it is necessary to fulfill the purposes described above, unless a longer retention is required or permitted by law. We may delete or de-identify your information sooner if we receive a verifiable deletion request, subject to exemptions under applicable law. The retention period that applies to your information may vary depending on the Services you use and how you interact with them. Some Services may provide additional details on their data retention practices, so we encourage you to consult their website and/or FAQs.
If you access, use any Services, you are voluntarily transferring (and consenting to such transferring) information (potentially personal information) and Content (and User Content and/or Informational Content, if applicable) to locations outside of your country of residence (including the United States of America), to our Third Party Suppliers such as Third Party Suppliers, Hosting Services, Third Party Suppliers, CDN Services (if applicable), and to providers of Third Party Services (if applicable) and to other third parties located outside your country of residence (incuding the United States of America), and you agree (and expressly consent) that our collection, use, storage and sharing, if any, of your information (potentially personal information) and Content (and User Content and/or Informational Content, if applicable), is subject to the laws of the United States of America, and not necessarily of the jurisdiction in which you are located.
This is necessary to provide our Services and for the purposes outlined in this Privacy Statement. Privacy laws vary from country to country and may not be equivalent to, or as protective as, the laws in your home country. Whenever information (potentially personal information) is transferred, we take steps that such information is transferred in accordance with this Privacy Statement and as permitted by applicable data protection laws.
Parksberry specifically disclaim any representation or warranty that any Services and/or Content (including User Content and Parksberry Content and Informational Content) are appropriate (or, in some cases, available) for access, use in any location anywhere in the world.
Please note: Parksberry, does not currently purposely direct its activities to or target certain locations (each a Not-Targeted Location) and/or certain natural living persons, identifiable living persons, data subjects, citizens, residents, consumers thereof (each a Not-Intended Accessor).
Where, in respect of the EU or EEA or EFTA or Switzerland, and some law (like “GDPR”) there is a Judgement that (GDPR) Law Applies to Parksberry, to the extent some such law (“GDPR”) applies to us, this Privacy Statement is automatically modified, amended (including during pendancy of any appeal) by the Conditional Amending Supplemental Text below to this “International Transfers” provision and any other notices, statements, terms contained in this Privacy Statement in respect of compliance with that law of that jurisdiction judged applicable to Parksberry (and in good faith compliance with any administrative agency regulations) provided that such order for final judgment (or a final judgment) is in accordance with here.
Conditional Amending Supplemental Text: Parksberry takes reasonable steps (such as enquiring from our Third Party Third Pary Suppliers specifically, Third Party Suppliers, Hosting Services, Third Party Suppliers, CDN Services (if applicable), Third Party Services, E-Commerce, Third Party Services, Electronic Payment Processing and others their aim for compliance with EU-U.S. and Swiss-U.S. Privacy Shield Frameworks) that reasonable safeguards are in place with aim to ensure an appropriate level of protection for your information, in accordance with applicable law. By providing us with your information, you acknowledge any such transfer, storage or use.
Updates To Our Privacy Statement
We reserve the right to modify this Privacy Statement at any time to reflect changes to our practices or the law and each modification will be effective upon its availability on (or via) any Services. All material modifications will apply prospectively only (unless a “Judgement that Law Applies to Parksberry” amends and modifies our Terms of Services, Interaction Agreement (including this Privacy Statement), in respect of some law, as described in more detail in the Judgment that Law Applies to Parksberry Section, where any material modifications apply in accordance with the amendments and modifications of such particular judgment, if any). Your continued access, use (and/or download or install) of any Services including your continued order or completed purchase of any Parksberry owned service or Parksberry owned brand(ed) product (and/or your continued interaction with us) following any modification of this Privacy Statement constitutes your acceptance of and agreement to be bound by this Privacy Statement as modified. It is therefore important that you review this Privacy Statement regularly. You can access this Privacy Statement at any time by clicking the link generally located within Services’ footer area of websites’ home pages, or via menu buttons/hamburger icons, as available via Services, or on description screens of applicable Services, or as otherwise indicated depending on the particular Service that you access, use.
Privacy Representative – JMR
For Mailing Purposes Only:
c/o Administrative Services
Address: c/o 1601 West Fifth Ave B 120
Columbus, Ohio 43212
United States of America
Phone: (USA) 614.398.1327
Email: ladmin@parksberry.com
With respect to the United Kingdom (if appliacable to us):
Privacy Representative – JMR
For Mailing Purposes Only:
c/o Administrative Services
Address: c/o 1601 West Fifth Ave B 120
Columbus, Ohio 43212
United States of America
Phone: 614.398.1327
Email: ladmin@parksberry.com
© 1990-2021 Administrative Services as Nominee. ALL RIGHTS RESERVED.
Supplemental Privacy Notice For (U.S.) Informational Content Discoverable and Distributed Via Advanced Services (“Informational Content Privacy Notice”)
Effective: December 31, 2019
Effective: 31 January, 2020, Updated 31 December, 2020 (in respect of the United Kingdom if determined applicable to us)
PLEASE NOTE: Parksberry DOES NOT DIRECT ITS ACTIVITIES TO (AND/OR INTEND ITS SERVICES FOR: (I) CERTAIN LOCATIONS (EACH A “NOT-TARGETED LOCATION“), AND/OR (II) NATURAL LIVING PERSONS, IDENTIFIABLE LIVING PERSONS, DATA SUBJECTS, CITIZENS, RESIDENTS, CONSUMERS, ENTITIES THEREOF (EACH A “NOT-INTENDED ACCESSOR). IF YOU BELIEVE ANY OF THESE APPLY TO YOU, PLEASE DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO (OR ON) ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY PARKSBERRY SERVICE OR PRODUCT, DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
IMPORTANTLY, THE “ARBITRATION AGREEMENT” SECTION OF OUR TERMS OF SERVICES, INTERACTION AGREEMENT CONTAINS PROVISIONS THAT REQUIRE: (I) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND PARKSBERRY UNDER OUR AGREEMENT INCLUDING DISPUTES IN CONNECTION WITH OUR PRIVACY STATEMENT (INCLUDING THIS INFORMATIONAL CONTENT PRIVACY NOTICE) AND/OR YOUR PERSONAL INFORMATION IN CONNECTION WITH SERVICES OR PARKSBERRY, TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (II) YOU AND PARKSBERRY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW THE ARBITRATION AGREEMENT. BY ACCESSING, USING ANY SERVICES AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO (OR ON) ANY DEVICES, AND/OR ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT AND/OR INTERACTING WITH Parksberry, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT OF THE TERMS OF SERVICES, INTERACTION AGREEMENT. PLEASE READ ALL INFORMATION CAREFULLY AND FULLY.
PLEASE NOTE OUR TERMS IN CONNECTION WITH THE USE OF “ANONYMIZING TECHNOLOGIES“.
BY ACCESSING, USING ANY SERVICES (DESCRIBED IN MORE DETAIL HERE), AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO (OR ON) ANY DEVICES, AND/OR BY ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT AND/OR INTERACTING WITH Parksberry, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH OUR TERMS OF SERVICES, INTERACTION AGREEMENT (INCLUDING THIS INFORMATIONAL CONTENT PRIVACY NOTICE). IF YOU DO NOT AGREE TO THE TERMS OF SERVICES, INTERACTION AGREEMENT, DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO (OR ON) ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY PARKSBERRY SERVICE OR PRODUCT, DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
Privacy Statement
Cookie Notice
Terms of Services, Interaction Agreement
Introduction
This Supplemental Privacy Notice For (U.S.) Informational Content Discoverable and Distributed Via Advanced Services (“Informational Content Privacy Notice”) supplements the above Privacy Statement and further explains types, categories, sources of Informational Content, how it is discoverable via some advanced Services under various Parksberry owned brands (we refer to these as “Advanced Services”), and its distribution across Services, and possible third party curating of Informational Content.
Types, Categories, Sources
Parksberry owned Advanced Services under various Parksberry owned brands may discover different types of U.S. domiciled informational content including publicly available records such as govermental content, analysis, regulations, articles, forms, cases, opinions, dictionaries, and many other types or categories of publicly available information (“Informational Content”). Informational Content is obtained generally from public sources such as governmental resources, websites, other public authorities, and informational sources in the public domain, across the Web via the Internet.
Informational Content, Advanced Customers
Parksberry Advanced Services (under various Parksberry owned brands) are each an intermediary to content including Informational Content, that our users, or our customers, (specifically customers that may pay a fee for Advanced Services, we refer to these customers as “Advanced Customers”), or the general public may seek to discover.
Advanced Services May Obtain Informational Content
Informational Content is obtained primarily because it is discoverable, publicly available and accessible across the Web via the Internet and collected from public sources (like public records, journalistic sources, and information in the public domain). Sometimes we purchase or license particular content from others, sometimes we receive particular content pursuant to a contract where we are required to distribute the particular content, sometimes, in limited instances, Parksberry Affiliates commission particular content. Any personal information (mostly publicly available personal information, if any) contained in Informational Content that is subsequently distributed via Services (specifically Advanced Services) originates from the original text of that Informational Content.
Informational Content Curated By Providers of Third Party Services, Syndication
Third parties, particularly Providers of Third Party Services, Syndication that may include curating services, may curate certain Informational Content including (where applicable) preparing and providing summaries, metadata, or other related information concerning the original content discoverable via Services (specifically Advanced Services). Informational Content might include a headnote, key cite, and other metadata, as well as the full-text. In many cases, third party editors may prepare the curation of the content. Importantly, any personal information contained in the curation is derived from personal information (mostly publicly available personal information, if any) included in the original Informational Content supplied by the source of that content.
Substance of Informational Content
Except for clerical/typographical errors and format changes in compliance with third party editorial house styles and except as directed by source of the original Information Content, Parksberry does not edit or change the substance of the original Informational Content in most cases.
Changing or Deleting (Possible) Personal Information Contained in the Informational Content, Removal of Informational Content.
As discussed above, Informational Content is obtained primarily because it is discoverable, publicly available and accessible across the Web via the Internet and collected from public sources. Thus, Parksberry is not the source of Informational Content generally, and in many cases, Parksberry is not obliged to change or delete the substance of the original content including any personal information (mostly publicly available personal information) unless we receive a verified request from the source of the Informational Content, such as, for example, a demand from the governmental authority that issued a particular public record, govermental content, analysis, article in the first place due, for example, to re-review, for example, the original Informational Content.
If you have any questions or concerns regarding the substance of any Informational Content or your personal information as contained in that Informational Content, please contact the source of the Informational Content and work with them directly to resolve your questions or concerns.
© 1990-2021 Administrative Services as Nominee. ALL RIGHTS RESERVED.
Conditional Amending Supplement to Privacy Statement for California Consumers Under CCPA (“Conditional Amending California Statement”)
PLEASE NOTE: PARKSBERRY DOES NOT DIRECT ITS ACTIVITIES TO (AND/OR INTEND ITS SERVICES FOR: (I) THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, AND OTHER LOCATIONS (EACH A “NOT-TARGETED LOCATION“), AND/OR (II) NATURAL LIVING PERSONS, IDENTIFIABLE LIVING PERSONS, DATA SUBJECTS, CITIZENS, RESIDENTS, CONSUMERS, ENTITIES THEREOF (EACH A “NOT-INTENDED ACCESSOR). IF YOU BELIEVE ANY OF THESE APPLY TO YOU, PLEASE DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO OR ON ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY Parksberry SERVICE OR PRODUCT, DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
IMPORTANTLY, THE “ARBITRATION AGREEMENT SECTION OF OUR TERMS OF SERVICES, INTERACTION AGREEMENT CONTAINS PROVISIONS THAT REQUIRE (I) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND Parksberry UNDER OUR AGREEMENT (INCLUDING DISPUTES IN CONNECTION WITH THIS CONDITIONAL AMENDING CALIFORNIA STATEMENT TOGETHER WITH OUR PRIVACY STATEMENT OF OUR TERMS OF SERVICES, INTERACTION AGREEMENT) AND/OR YOUR PERSONAL INFORMATION IN CONNECTION WITH SERVICES OR PARKSBERRY, TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (II) YOU AND PARKSBERRY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW THE ARBITRATION AGREEMENT. BY ACCESSING, USING ANY SERVICES (AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO OR ON ANY DEVICES), AND/OR ORDERING OR PURCHASING ANY Parksberry SERVICE OR PRODUCT AND/OR INTERACTING WITH Parksberry, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT OF THE TERMS OF SERVICES, INTERACTION AGREEMENT. PLEASE READ ALL INFORMATION CAREFULLY AND FULLY.
PLEASE NOTE OUR TERMS IN CONNECTION WITH THE USE OF “ANONYMIZING TECHNOLOGIES.”.
BY ACCESSING, USING ANY SERVICES (DESCRIBED IN MORE DETAIL HERE), AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO OR ON ANY DEVICES, AND/OR BY ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT AND/OR INTERACTING WITH PARKSBERRY, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH OUR TERMS OF SERVICES, INTERACTION AGREEMENT (INCLUDING THIS CONDITIONAL AMENDING CALIFORNIA STATEMENT TOGETHER WITH OUR PRIVACY STATEMENT). IF YOU DO NOT AGREE TO THE TERMS OF SERVICES, INTERACTION AGREEMENT (INCLUDING THIS CONDITIONAL AMENDING CALIFORNIA STATEMENT TOGETHER WITH OUR PRIVACY STATEMENT), DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO OR ON ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY Parksberry SERVICE OR PRODUCT, DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
Where, in respect of the State of California, there is there is Judgement that (California) Law Applies to Parksberry, to the extent such law applies to us, this Privacy Statement is automatically modified, amended (including during pendancy of any appeal proceeding) to include, in compliance with the California Consumer Privacy Act of 2018 (“CCPA”), this Conditional Amending Supplemental Privacy Statement for California Consumers under CCPA for certain natural persons residing in the State of California (each, a “Consumer”, collectively “California Consumers”) and explains rights that California consumers may have under the CCPA.
When we use the term “personal information” in this Conditonal Amending California Statement, we are using that term as CCPA defines it, which CCPA generally defines “personal information” to mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. However, personal information does not include publicly available, deidentified, or aggregate consumer information (which are all defined in CCPA). Notably, the definition of “personal information” also does not apply to the collection of personal information from job applicants, employees – whether you are a Parksberry employee or any employee of the entity (if any) arranging access to our Services for you, business owners, directors, officers, medical staff, or contractors.
Categories of personal information that may be collected, the possible sources of that information, purposes for why it may be collected, who it may be share with, and whether Parksberry sells that personal information.
Where Parksberry acts as a “business” under CCPA (meaning we determine the manner and reasons for why we process personal information, possibly your personal information, if any), we may be required to disclose additional information regarding the categories of personal information (if any) we collect (if we have), the sources (if any) where we obtain that information, the purposes for why we collect that information (if we have), who we share that information with (if we have), as well as whether we sell that personal information – all of which depends on the specific Service. Accordingly, we’ve provided additional Service-specific information for subject Services on our website located at brdc.com/privacy-information.
California privacy rights
If you are a resident of California and are not a job applicant, employee/contractor, or employee/contractor of another company interacting with us in your job role, you have the right to request what information we collect, use, and disclose. You also have the right to request that we delete your information. To make a request, you can contact us through our ladmin@Parksberrypictures.com or at 1-614-398-1327 or c/o Administrative Services B120, 1601 West Fifth Avenue, Columbus, Ohio 43212. Provide us enough information to verify your identify. We will use information you provide to us to verify your request. If we cannot initially verify your identity, we may request additional information to complete the verification process, such as, for example, a copy of your driver’s license and/or a recent utility or credit card bill. You can designate an agent to make a request on your behalf by either: (1) having your agent send us a letter, signed by you, certifying that the agent is acting on your behalf and showing proof that they are registered with the California Secretary of State; or (2) by you and the agent executing and sending us a notarized power of attorney stating that the agent is authorized to act on your behalf. Please note that we may still require you to verify your identity before we process a request submitted by your agent.
“Do Not Sell My Personal Information” (California Residents only). California residents may opt out of the “sale” of their personal information. California law broadly defines “sale” in a way that may include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior to add to a profile about your device, browser, or you. This profile enables delivery of interest-based advertising on the Services or other sites. Advertising, including interest-based advertising, enables Parksberry to provide you certain content for free and provide relevant offers to you. Depending on what Services you use, we may share the following categories of information for such advertising which may be considered a sale (as defined by California law):
• identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage; geolocation information, such as city; and inference data.
We will not discriminate against you because you have exercised any of your privacy rights under the CCPA.
© 1990-2021 Administrative Services as Nominee. ALL RIGHTS RESERVED.
U.S. Public Records Privacy Notice
PLEASE NOTE: PARKSBERRY DOES NOT DIRECT ITS ACTIVITIES TO (AND/OR INTEND ITS SERVICES FOR: (I) CERTAIN LOCATIONS (EACH A “NOT-TARGETED LOCATION“), AND/OR (II) NATURAL LIVING PERSONS, IDENTIFIABLE LIVING PERSONS, DATA SUBJECTS, CITIZENS, RESIDENTS, CONSUMERS, ENTITIES THEREOF (EACH A “NOT-INTENDED ACCESSOR). IF YOU BELIEVE ANY OF THESE APPLY TO YOU, PLEASE DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO (OR ON) ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY PARKSBERRY SERVICE OR PRODUCT, DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
IMPORTANTLY, THE “ARBITRATION AGREEMENT” SECTION OF OUR TERMS OF SERVICES, INTERACTION AGREEMENT CONTAINS PROVISIONS THAT REQUIRE: (I) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND Parksberry UNDER OUR AGREEMENT (INCLUDING DISPUTES IN CONNECTION WITH THIS PUBLIC RECORDS PRIVACY NOTICE), AND/OR YOUR PERSONAL INFORMATION IN CONNECTION WITH SERVICES OR PARKSBERRY, TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (II) YOU AND PARKSBERRY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW THE ARBITRATION AGREEMENT. BY ACCESSING, USING ANY SERVICES AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO (OR ON) ANY DEVICES, AND/OR ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT AND/OR INTERACTING WITH PARKSBERRY, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT OF THE TERMS OF SERVICES, INTERACTION AGREEMENT. PLEASE READ ALL INFORMATION CAREFULLY AND COMPLETELY.
PLEASE NOTE OUR TERMS IN CONNECTION WITH THE USE OF “ANONYMIZING TECHNOLOGIES“.
BY ACCESSING, USING ANY SERVICES (DESCRIBED IN MORE DETAIL HERE), AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO (OR ON) ANY DEVICES, AND/OR BY ORDERING OR PURCHASING ANY Parksberry SERVICE OR PRODUCT AND/OR INTERACTING WITH PARKSBERRY, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH OUR TERMS OF SERVICES, INTERACTION AGREEMENT (INCLUDING THIS PUBLIC RECORDS PRIVACY NOTICE). IF YOU DO NOT AGREE TO THE TERMS OF SERVICES, INTERACTION AGREEMENT (INCUDING THIS
PLEASE NOTE: PARKSBERRY DOES NOT DIRECT ITS ACTIVITIES TO (AND/OR INTEND ITS SERVICES FOR: (I) CERTAIN LOCATIONS (EACH A “NOT-TARGETED LOCATION“), AND/OR (II) NATURAL LIVING PERSONS, IDENTIFIABLE LIVING PERSONS, DATA SUBJECTS, CITIZENS, RESIDENTS, CONSUMERS, ENTITIES THEREOF (EACH A “NOT-INTENDED ACCESSOR). IF YOU BELIEVE ANY OF THESE APPLY TO YOU, PLEASE DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO (OR ON) ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY PARKSBERRY SERVICE OR PRODUCT, DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
IMPORTANTLY, THE “ARBITRATION AGREEMENT” SECTION OF OUR TERMS OF SERVICES, INTERACTION AGREEMENT CONTAINS PROVISIONS THAT REQUIRE: (I) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND Parksberry UNDER OUR AGREEMENT (INCLUDING DISPUTES IN CONNECTION WITH THIS COOKIE NOTICE OF OUR PRIVACY STATEMENT), AND/OR YOUR PERSONAL INFORMATION IN CONNECTION WITH SERVICES OR PARKSBERRY, TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (II) YOU AND PARKSBERRY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW THE ARBITRATION AGREEMENT. BY ACCESSING, USING ANY SERVICES AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO (OR ON) ANY DEVICES, AND/OR ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT AND/OR INTERACTING WITH PARKSBERRY, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT OF THE TERMS OF SERVICES, INTERACTION AGREEMENT. PLEASE READ ALL INFORMATION CAREFULLY AND COMPLETELY.
PLEASE NOTE OUR TERMS IN CONNECTION WITH THE USE OF “ANONYMIZING TECHNOLOGIES“.
BY ACCESSING, USING ANY SERVICES (DESCRIBED IN MORE DETAIL HERE), AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO (OR ON) ANY DEVICES, AND/OR BY ORDERING OR PURCHASING ANY Parksberry SERVICE OR PRODUCT AND/OR INTERACTING WITH PARKSBERRY, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH OUR TERMS OF SERVICES, INTERACTION AGREEMENT (INCLUDING THIS COOKIE NOTICE OF OUR PRIVACY STATEMENT). IF YOU DO NOT AGREE TO THE TERMS OF SERVICES, INTERACTION AGREEMENT (INCUDING THIS PUBLIC RECORDS PRIVACY NOTICE), DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO (OR ON) ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY PARKSBERRY SERVICE OR PRODUCT, DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
Privacy Statement
Cookie Notice
Terms of Services, Interaction Agreement
This U.S. Public Records Privacy Notice provides information about our data collection and processing practices related to public records in respect of Parksberry Services particularly Advanced Services (including, but not limited to, for example, ArtistSearch℠ ™ and ArtistScore℠ ™) (collectively, the “Public Records Products”). This Public Records Privacy Notice is in addition to the Parksberry Privacy Statement.
Parksberry (including its affiliates collectively “Parksberry”) may source data from government agencies and third party private data sources (collectively, “Private Data Sources”). The nature of the data and the collection processes limit our ability to independently verify and/or validate the accuracy or completeness of any of the data and all data is subject to change at any time without notice. Our Public Records Products, including any data contained therein, are provided “as is” without any warranty of any kind. Parksberry, its Private Data Sources and their directors, employees, contractors, and agents disclaim all warranties, expressed or implied, as to any matter whatsoever and shall not be responsible for any loss or damage that may directly or indirectly arise as the result of the use of the data contained in the Public Records Products.
Personal information that we may collect from individuals through their use of our products and services is never added to our Public Records Products or databases and is subject to, and only used in accordance with the Parksberry Privacy Statement.
We make our Public Records Products available only to authorized organizations for their legitimate internal business uses (collectively, “Advanced Customers Subscribers”). We comply with the requirements of applicable laws, such as the U.S. Gramm-Leach-Bliley Act (15 U.S.C. §§6801 et seq.) (“GLB”) and the U.S. Driver’s Privacy Protection Act (18 U.S.C. §§2721 et seq.) (“DPPA”). If we reasonably believe that data has been misused, abused or compromised, we may block access without additional notice.
Parksberry IS NOT A CONSUMER REPORTING AGENCY, AND NONE OF THE INFORMATION PROVIDED THROUGH ANY OF ITS SERVICES CONSTITUTE A “CONSUMER REPORT” AS SUCH TERM IS DEFINED IN THE FEDERAL FAIR CREDIT REPORTING ACT (15 U.S.C.A. §§1681 ET SEQ) (“FCRA”). BY ACCESSING A PUBLIC RECORDS PRODUCT, YOU AGREE THAT YOU WILL NOT UTILIZE THE DATA (I) AS A FACTOR IN ESTABLISHING AN INDIVIDUAL’S ELIGIBILITY FOR CREDIT OR INSURANCE, (II) IN CONNECTION WITH UNDERWRITING INDIVIDUAL INSURANCE, (III) IN EVALUATING AN INDIVIDUAL FOR EMPLOYMENT PURPOSES, (IV) IN CONNECTION WITH A DETERMINATION OF AN INDIVIDUAL’S ELIGIBILITY FOR A LICENSE OR OTHER BENEFIT GRANTED BY A GOVERNMENTAL AUTHORITY, (V) IN CONNECTION WITH ANY PERMISSIBLE PURPOSE (AS DEFINED BY THE FCRA), OR (VI) IN ANY OTHER MANNER THAT WOULD CAUSE SUCH USE OF THE SERVICE TO BE CONSTRUED AS A CONSUMER REPORT BY ANY AUTHORITY HAVING JURISDICTION OVER ANY OF THE PARTIES. MOREOVER, YOU AGREE NOT TO TAKE ANY ADVERSE ACTION, WHICH IS BASED IN WHOLE OR IN PART ON THE DATA, AGAINST ANY CONSUMER. THE TERMS “ADVERSE ACTION” AND “CONSUMER” SHALL HAVE THE SAME RESPECTIVE MEANING AS THOSE TERMS ARE DEFINED IN THE FCRA. DATA MAY NOT BE USED FOR COMMERCIAL SOLICITATIONS, MARKETING, FUNDRAISING, OR OTHER SIMILAR ACTIVITIES.
© 1990-2021 Administrative Services as Nominee. ALL RIGHTS RESERVED.
Supplemental Notice For Cookie & IBA/OBA Policies (“Cookie Notice”)
Effective: December 31, 2019
Effective: 31 January, 2020, Updated 31 December, 2020 (in respect of the United Kingdom if determined applicable to us)
Privacy Statement
Cookie UK Supplement
Terms of Services, Interaction Agreement
PLEASE NOTE: PARKSBERRY DOES NOT DIRECT ITS ACTIVITIES TO (AND/OR INTEND ITS SERVICES FOR: (I) CERTAIN LOCATIONS (EACH A “NOT-TARGETED LOCATION“), AND/OR (II) NATURAL LIVING PERSONS, IDENTIFIABLE LIVING PERSONS, DATA SUBJECTS, CITIZENS, RESIDENTS, CONSUMERS, ENTITIES THEREOF (EACH A “NOT-INTENDED ACCESSOR). IF YOU BELIEVE ANY OF THESE APPLY TO YOU, PLEASE DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO (OR ON) ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY PARKSBERRY SERVICE OR PRODUCT, DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
IMPORTANTLY, THE “ARBITRATION AGREEMENT” SECTION OF OUR TERMS OF SERVICES, INTERACTION AGREEMENT CONTAINS PROVISIONS THAT REQUIRE: (I) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND PARKSBERRY UNDER OUR AGREEMENT (INCLUDING DISPUTES IN CONNECTION WITH THIS COOKIE NOTICE OF OUR PRIVACY STATEMENT), AND/OR YOUR PERSONAL INFORMATION IN CONNECTION WITH SERVICES OR Parksberry, TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (II) YOU AND PARKSBERRY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW THE ARBITRATION AGREEMENT. BY ACCESSING, USING ANY SERVICES AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO (OR ON) ANY DEVICES, AND/OR ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT AND/OR INTERACTING WITH PARKSBERRY, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT OF THE TERMS OF SERVICES, INTERACTION AGREEMENT. PLEASE READ ALL INFORMATION CAREFULLY AND COMPLETELY.
PLEASE NOTE OUR TERMS IN CONNECTION WITH THE USE OF “ANONYMIZING TECHNOLOGIES“.
BY ACCESSING, USING ANY SERVICES (DESCRIBED IN MORE DETAIL HERE), AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO (OR ON) ANY DEVICES, AND/OR BY ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT AND/OR INTERACTING WITH PARKSBERRY, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH OUR TERMS OF SERVICES, INTERACTION AGREEMENT (INCLUDING THIS COOKIE NOTICE OF OUR PRIVACY STATEMENT). IF YOU DO NOT AGREE TO THE TERMS OF SERVICES, INTERACTION AGREEMENT (INCUDING THIS COOKIE NOTICE OF OUR PRIVACY STATEMENT), DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO (OR ON) ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY PARKSBERRY SERVICE OR PRODUCT, DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
Privacy Statement
Terms of Services, Interaction Agreement
Where there is there is Judgement that Law Applies to Parksberry (eg. in respect of any Not-Targeted Location and/or Not-Intended Accessor), to the extent some law (like the California Consumer Privacy Act of 2018 (“CCPA”) or the European Union’s General Data Protection Act (“GDPR”) applies to us, our Terms of Services, Interaction Agreement including our Privacy Notice (together with this Cookie Notice) is automatically modified, amended (including during pendency of any appeal proceeding) to include, in compliance with such some law (like CCPA or the EU’s GDPR).
Our Privacy Statement explains our principles when it comes to the collection, processing, and storage of your personal information, if any. This Supplemental Notice For Cookie & IBA/OBA Policies supplements the above Privacy Statement as if fully rewritten therein (and must be read together with the above Privacy Statement) and specifically explains how we and/or Third Party Suppliers, and/or possibly Third Party Services (where applicable), and users of Services deploy cookies and other tracking technologies, including for Interest-Based Advertising (“IBA”) (also referred to as Online Behavioral Advertising (“OBA”), as well as the options you have to control them.
Cookies
What are Cookies?
Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to “remember” you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as “first party cookies”), or by third parties, such as those who serve content or provide advertising or analytics services on the website (“third party cookies”).
Both websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way as cookies. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.
Flash cookies, also known as local shared objects, are designed to support browser content supported by Adobe® Flash. They are usually used to enable ads and video content on websites. Like other cookies, they will store information on your device, some of which will be specific to the Flash-enabled content. Flash cookies can only be deleted within Adobe Flash rather than via your browser. Please refer to the following help page for information on how to manage your privacy settings and deletion of Flash cookies: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.
How Cookies May Be Used
Depending on the Services that you access, use, we (and/or Third Party Suppliers and/or Third Party Services) use (or may use) cookies for several different purposes. Some cookies are necessary for technical reasons; some enable a personalized experience for both visitors and registered users; and some allow the display of advertising from selected third parties (ex. Third Party Services, Ads) networks. Some of these cookies may be set when a page is loaded, or when a user takes a particular action on particular Services. Many of the cookies we use are only set if you are a registered user, while others are set whenever you visit or use Services (irrespective of whether you have a registered account as applicable for particular Services). For more information on the choices you have about the cookies that may be used, please see the Section entitled “Controlling Cookies” below.
Where Cookies May Be Placed
Cookies may be set in a number of different locations across particular Services. These locations include:
• Our websites of Services;
• Our mobile applications, if any, of Services;
• The emails we send (or that Third Party Services send as part of marketing and promotional campaigns in which we may participate).
Types of cookies are described differently in many locations and by different names. Recognizing these differences, we aim, with the bullet points below, to outline these various types of cookies that are (and/or may be) used and why they are (or may be) used. Some types of cookies are under more than one type due to their function (e.g. type “Strictly Necessary” cookies include Analytics cookies and Functional cookies as they optimize our Services and are essential to Services’ basic core functionalities as described below). Where the function and setting of a cookie including by a third party is for a similarly referenced function, such as performing “analytics” (e.g. Google® Analytics), but not necessary for our Services or not configured to optimize our Services, we aim to distinguish this difference as reasonably possible.
Explanations are also provided of purposes (and/or possible purposes; noting that, in the case of third parties, any such reasons why and explanations are only to the extent of our actual personal knowledge where disclosure by such third parties has been made available to us. You should always contact third parties directly for their information particularly their cookies and privacy policies as they apply.
• Strictly Necessary (Functional). These cookies are required for our Services to perform their basic core functionalities. This includes technologies that allow you access to our Services, applications, services, and tools (including to identify irregular site behavior, prevent fraudulent activity and improve security); or that allow you to make use of Functionalities such as saving contents of virtual “shopping-carts” (where third party virtual “shopping-cart” software is licensed by us for use on particular Services), saved search, or similar functions. These cookies are usually only set in response to actions made by you which amount to a request for Services, such as setting your privacy settings, logging in or filling in forms (where available on particular Services). Use of these types of cookies also includes for certain analytics to optimize and examine Services’ functionality (generally provided by Hosting Services including raw logs, referrer and error logs, monthly average traffic and other Hosting Services’ data) and security. Parksberry does not intend these cookies to store any personally identifiable information. You can set your browser to block or alert you about these cookies, but some parts of the Services will not then work. Note: Parksberry does not provide electronic payment processing.
• Analytics (Performance). These are Strictly Necessary cookies where they examine Services’ functionality required for our Services to perform their basic core functions in response to actions made by you, such as setting your privacy preferences, language or remembering your log-in details, remembering what is in your shopping cart (any of which amount to a request for Services), and to optimize Services. Logs are generally provided by our Hosting Services. Depending on the particular Services that you access, use, we may utilize Third Pary Services (particularly such as Google® Analytics) that may use and set cookies to allow counting visits and traffic sources, so Services are measured and their performance can be improved (e.g. “Performance” related cookies). They help us to know which pages are the most and least popular and understand movement around particular Services. Parksberry intends all information these cookies collect aggregated and therefore anonymous (e.g. configured with anonymized IP numbers).
Where Analytics cookies are used configured differently than our intentions (including by third parties such as Google® Analytics) and not necessary to the performance of our Services (as determined by us), if any, we inform our provider of Third Party Services, Consent Management to enable your choice to not consent to these cookies. If you do not allow these types of cookies, generally, we will not know when you have visited our Services (also subject to the use of any Anonymizing Technologies). In the case of third parties (such as Google® Analytics), the cookie and privacy policies of third parties apply.
You may be able to opt out of Google Analytics by installing Google’s opt-out browser add-on (https://tools.google.com/dlpage/gaoptout).
• Functional. These are Strictly Necessary cookies used to be able to offer accessors, users of Services the best experience and to optimize Services based on interaction with our Services; and are not intended to collect any personal data not necessary for the Services. These include uses such as setting privacy preferences settings, language, remembering your log-in details, remembering what is in your shopping cart (any of which amount to a request for Services), analyzing site usage to provide custom content, and making sure the website looks consistent. Where cookies are set or used by third parties involving personalization (e.g. tailoring user experiences), these are are not intended by us as Functional cookies.
• Security. These cookies are Strictly Necessary and provide functionality of Services (including helping to identify and prevent potential security risks and other security related issues in respect of privacy preferences which amount to a request for Services) and to optimize our Services. Parksberry intends all information these cookies collect aggregated and therefore anonymous (e.g. configured with anonymized IP numbers). Where security cookies are used configured differently than our intentions (including by third parties such as providers of Third Party Services, Security) and not necessary to the performance of our Services (as determined by us), if any, we inform our provider of Third Party Services, Consent Management to enable your choice to not consent to these cookies.
• Advertising. Depending on the particular Services that you access, use, these cookies are (or may be) used to display relevant advertising to users who access, use particular Services (if and where advertising is available), as well as to understand and report on the efficacy of ads served on particular Services. If set, they may track details such as the number of unique visitors, the number of times particular ads have been displayed, and the number of clicks the ads have received. They are (or may be) also used to build user profiles, including showing you ads based on products or services you’ve viewed or acts you have taken on our (and other) websites and services including for IBA/OBA. They may allow you to share pages with social networks, post comments. These cookies are primarily set by providers of Third Party Services, Ads (third party advertising networks), third parties also referred to as vendors (if participants in certain advertising frameworks if applicable to particular Services), and/or in some cases providers of Third Party Services Direct Advertisements, Sponsorships (also, if applicable), and may be Personalization cookies, and are generally persistent in nature.
• Third Party/Embedded Content. These cookies enable the Services to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to particular Services. If you do not allow these cookies then some or all of these services may not function properly. Certain providers of Third Party Services (and/or Third Party Suppliers) for their services and products may make use of different third party applications and services to enhance the experience of accessors, users of particular Services and certain interoperabilities. These include Third Party Services, Social Media platforms such as Facebook® and Twitter® (through the use of sharing buttons). As a result, cookies may be set by these third parties, and used by them to track your online activity. Parksberry has no direct control over the information that is collected by these cookies.
• Information storage and access. The storage of information, or access to information that is already stored, on your device such as advertising identifiers, device identifiers, cookies, and similar technologies.
• Personalization. The collection and processing of information about your use of partiuclar Services to subsequently personalise advertising and/or content for you in other contexts, such as on other websites or applications, over time. Typically, the content of the website or application is used to make inferences about your interests, which inform future selection of advertising and/or content.
• Ad Selection Delivery, Reporting. The collection of information, and combination with previously collected information, to select and deliver advertisements for you, and to measure the delivery and effectiveness of such advertisements. This includes using previously collected information about your interests to select ads, processing data about what advertisements were shown, how often they were shown, when and where they were shown, and whether you took any action related to the advertisement, including for example clicking an ad or making a purchase. This does not include personalisation, which is the collection and processing of information about your use of this service to subsequently personalise advertising and/or content for you in other contexts, such as websites or apps, over time.
• Content selection, delivery, reporting. The collection of information, and combination with previously collected information, to select and deliver content for you, and to measure the delivery and effectiveness of such content. This includes using previously collected information about your interests to select content, processing data about what content was shown, how often or how long it was shown, when and where it was shown, and whether the you took any action related to the content, including for example clicking on content. This does not include personalisation, which is the collection and processing of information about your use of this service to subsequently personalise content and/or advertising for you in other contexts, such as websites or apps, over time.
• Content selection. The collection of information about your use of the content, and combination with previously collected information, used to measure, understand, and report on your usage of particular Services. This does not include personalisation, the collection of information about your use of particular Services to subsequently personalise content and/or advertising for you in other contexts, i.e. on other service, such as websites or apps, over time.
Features
• Matching Data to Offline Sources. Combining data from offline sources that were initially collected in other contexts.
• Linking Devices. Allow processing of a users data to connect such user across multiple devices.
• Precise Geographic Location Data. Allow processing of a users precise geographic location data in support of a purpose for which that certain third party has consent.
You may wish to restrict the use of cookies or completely prevent them from being set. Most modern browsers allow you to change your cookie settings. You can usually find these settings in the options or preferences menu of your browser. To understand these settings, the following links for commonly used browsers may be helpful, or you can use the help option in your browser for more details:
• Cookie settings in Internet Explorer (http://windows.microsoft.com/en-GB/internet-explorer/delete-manage-cookies#ie=ie-10)
• Cookie settings in Firefox (http://support.mozilla.com/en-US/kb/Cookies)
• Cookie settings in Chrome (https://support.google.com/chrome/answer/95647?hl=en&ref_topic=14666)
• Cookie settings in Safari web (https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/macand iOS http://support.apple.com/kb/HT1677)
If you disable cookies, please be aware that some of the features of our Services may not function correctly. For more details on your choices regarding use of your web browsing activity for interest-based advertising you may visit the following sites:
• networkadvertising.org (http://networkadvertising.org/)
• optout.aboutads.info (http://optout.aboutads.info/)
• youradchoices.com (http://youradchoices.com/)
• youronlinechoices.eu (http://youronlinechoices.eu/)
On a mobile device, you may also be to adjust your settings to limit ad tracking.
Do Not Track Signals
Generally, we do not currently respond to, or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about an individual’s online activities over time and across third party websites or online services. This is due to aspects of the techology of “do not track” signals that are outside the control of Parksberry. However, in some instances our third party service providers who integrate within our Services do honor Do Not Track signals.
Consent for Advertising Cookies on Our Websites Services
Depending on how (and where) you are specifically interacting with us and which Services you access and use, you may see a “cookie banner” and/or a “consent choices (preferences) “pop-up” that may be furnished by a provider of third party services of consent management services (“Third Party Services, Consent Management”). Each Service’s banner or pop-up may vary.
Where we use and rely upon Third Party Services, Consent Management to perform services, their services generally include: (i) to attempt to deny access to Services from any Not-Targeted Location; (ii) to check whether a visitor’s IP, for example, is within the scope of particular location (e.g. a Not-Targeted Location (and/or jurisdiction such as UK 31 January 2020 Privacy Law), (iii) to not set, or to allow our providers of Third Party Services, Ads and/or providers of Third Party Direct Advertisements, Sponsorships and/or advertisers or vendors (e.g. vendor participants in advertising frameworks in which providers of Third Party Services, Consent Management is/are a participant), (iv) to set cookies that are used to show you targeted ads before you click to “accept” (excepting the Third Party Services, Consent Management’s own cookie, if applicable, that may be required to be set in order for their services to function); (v) to obtain, manage consents (and preferences) freely and explicitly (not implicitly) given (while at the same time being as easy to revoke as they are to give); (vi) to transmit consent “signals” (and preferences) to others (including vendors of advertising frameworks); (vii) to allow, in jurisdictions where permitted under applicable law, providers of Third Party Services, Ads, providers of Third Party Services, Direct Advertisements, Sponsorships, vendors (including vendors of advertising frameworks), advertisers, sponsors to set cookies that are used to show you targeted ads before you click to accept; and other related Third Party Services, Consent Management services.
Please note that with respect to your explicit consents under applicable law and in jurisdictions where explicit consents are not required under applicable law, providers of third party IBA/OBA advertising including Third Party Services, Ads, providers of Third Party Services, Advertisements, Sponsorships, advertisers, sponsors, other third party IBA/OBA advertisers, vendors and Parksberry (if applicable) may set advertising cookies on the Services you access, use (or other Services in our network that you are visiting) and possibly other services;
IBA/OBA policy
Opt-Out of Email Marketing
You may choose not to receive future marketing or advertising emails from us (and/or Third Party Services of Direct Marketing that include emails) by clicking the unsubscribe link at the bottom of each marketing or advertising email that you receive from us, where applicable, (and/or Third Party Services of Direct Marketing that include emails). Alternatively, you may send us an opt-out request specifying your communications preferences to ladmin@Parksberry.com (and/or you may contact Third Party Services of Direct Marketing that include emails directly) . Please note that, even if you opt-out of receiving marketing or advertising emails, we may still send you transactional emails related to the performance of our Services or your account with us, including administrative emails, maintenance emails, operational emails (for example, in connection with a password reset request), and responses to any “contact” request you initiate. We may also restart sending you marketing or advertising emails if you later opt-in.
IBA/OBA Notice
What is IBA/OBA?
Interest-based advertising (“IBA”), sometimes referred to as “targeted advertising”, “online behavioral advertising” (“OBA”), and “personalized advertising” (collectively “IBA/OBA”), allows us (and/or providers of Third Party Services, Ads and/or providers of Third Party Services, Advertisements, Sponsorships and/or other providers of Third Party Services) to deliver IBA/OBA, personalized and/or targeted advertising to individuals that are tailored to individual interests, as well as to provide advertising-related services such as ad delivery, reporting, attribution, analytics, and market research. Generally, providers of Third Party Services, Ads serve interest-based advertising using information you make available when you interact with particular Services and other sites, content, or products or services, which may be supplemented by third parties as discussed below. Generally, providers of Third Party Services, Ads and/or providers of Third Party Services, Advertisements, Sponsorships and/or other providers of Third Party Services serve (or deliver) IBA/OBA on (or via) Services and/or on unaffiliated sites.
Certain Services, like other online networks, use cookies, web beacons, and other technologies to enable us and providers of Third Party Services, Ads and/or providers of Third Party Services, Advertisements, Sponsorships and/or other providers of Third Party Services to learn about what ads you are served, what ads you click, and other actions you take on Services, on other sites, and sometimes offline (collectively, “Ad Stats”). This allows more useful and relevant ads to be provides to you.
As discussed above, Third Party Services may collect certain information when you access, use particular Services. Providers of Third Party Services, Ads and/or providers of Third Party Services, Advertisements, Sponsorships and/or other providers of Third Party Services (and other service providers these providers may use) may also collect information about your Ad Stats, in which they may use that information to assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards. Also, some third parties may provide us with information about you (such as the sites where you have been shown ads, your Ad Stats, and/or demographic information) from offline and online sources that we may use to provide you more relevant and useful advertising.
Advertisers or ad companies working on their behalf sometimes use technology to serve the ads that appear on Services directly to your browser. They automatically receive your IP address and/or information from cookies when this happens. They may also use third party cookies to measure the effectiveness of their ads and to personalize ad content. We do not have access to or control over third party cookies or other features that advertisers and third party sites may use, and the privacy practices of these advertisers and third party websites are not covered by this Privacy Statement. Please contact them directly for more information about their privacy practices.
You may choose not to receive IBA/OBA. Please note that, even if you opt-out of receiving IBA/OBA, you will still receive advertisements and marketing materials, but they will not be personalized to you specifically.
You can exercise your online advertising choices for those vendors that participate in the Digital Advertising Alliance (DAA) to opt-out of interest-based advertising here (http://optout.aboutads.info). You may also opt out of receiving interest-based ads from many sites through the Network Advertising Initiative’s (NAI) Opt Out Tool (http://www.networkadvertising.org/choices); and in respect of some law (like EU-“GDPR”), where there is there is Judgement that (EU-“GDPR”) Law Applies to Parksberry and, if applicable, here (http://www.youronlinechoices.com/).
• The opt-outs described above are device and browser-based. Because the information being shared relates to device ID and/or browser ID, it is necessary to opt out on each device and each browser.
• Opt-outs may be stored via cookies. If cookies are cleared or if a browser blocks cookies, an opt-out cookie may no longer be available. In this case opt-out choices cannot be honored.
Parksberry do not maintain or control these third party opt-out mechanisms and are not responsible for their operation. Parksberry may still use information of accessors, users of Services to deliver contextual advertising, conduct cross-device tracking to serve first-party ads directly, or for non-IBA/OBA purposes, such as attribution and analytics.
How Do I Opt-Out of Advertising on Mobile Devices?
Mobile devices have an advertising identifier that gives companies the ability to serve targeted ads to a specific mobile device. Depending on your specific device, you may be able to limit advertising or reset the advertising identifier within your mobile device privacy settings. Another tool you can use to control advertising on your mobile device is the AppChoices App: http://youradchoices.com/appchoices. You may also choose to turn off the device’s location tracking on your mobile device depending on your specific device.
• For IOs, tools may be found here
• For Android, tools may be found here
• For mobile applications and connected devices, such as smart TVs or streaming devices, device’s settings should be reviewed and the option selected that allows disabling automatic content recognition or ad tracking. Typically, to opt out, such devices require selection of options like “limit ad tracking” or to disable options such as “interest-based advertising,” “interactive TV,” or “smart interactivity.” These settings vary by device type.
When enabling advertising opt-out tools please understand the following:
• The opt-outs described above are device and browser-based. Because the information being shared relates to device ID and/or browser ID, it is necessary to opt out on each device and each browser.
• Opt-outs may be stored via cookies. If cookies are cleared or if a browser blocks cookies, an opt-out cookie may no longer be available. In this case opt-out choices cannot be honored.
Parksberry do not maintain or control these third party opt-out mechanisms and are not responsible for their operation. Parksberry may still use information of accessors, users of Services to deliver contextual advertising, conduct cross-device tracking to serve first-party ads directly, or for non-IBA/OBA purposes, such as attribution and analytics.
Contact us
If you have any questions about our use of cookies or about IBA/OBA, you can find the most recent contact details in our Privacy Statement.
© 1990-2021 Administrative Services as Nominee. ALL RIGHTS RESERVED.
Do Not Sell My Personal Information
PLEASE NOTE: PARKSBERRY DOES NOT DIRECT ITS ACTIVITIES TO (AND/OR INTEND ITS SERVICES FOR: (I) THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, AND OTHER LOCATIONS (EACH A “NOT-TARGETED LOCATION“), AND/OR (II) NATURAL LIVING PERSONS, IDENTIFIABLE LIVING PERSONS, DATA SUBJECTS, CITIZENS, RESIDENTS, CONSUMERS, ENTITIES THEREOF (EACH A “NOT-INTENDED ACCESSOR). IF YOU BELIEVE ANY OF THESE APPLY TO YOU, PLEASE DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO (OR ON) ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY PARKSBERRY SERVICE OR PRODUCT, DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
IMPORTANTLY, THE “ARBITRATION AGREEMENT” SECTION OF OUR TERMS OF SERVICES, INTERACTION AGREEMENT CONTAINS PROVISIONS THAT REQUIRE: (I) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND PARKSBERRY UNDER OUR AGREEMENT INCLUDING DISPUTES IN CONNECTION WITH OUR PRIVACY STATEMENT (INCLUDING THIS DO NOT SELL MY INFORMATION) AND/OR YOUR PERSONAL INFORMATION IN CONNECTION WITH SERVICES OR PARKSBERRY), TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (II) YOU AND PARKSBERRY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW THE ARBITRATION AGREEMENT. BY ACCESSING, USING ANY SERVICES AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO (OR ON) ANY DEVICES, AND/OR ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT AND/OR INTERACTING WITH PARKSBERRY, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT OF THE TERMS OF SERVICES, INTERACTION AGREEMENT. PLEASE READ ALL INFORMATION CAREFULLY AND COMPLETELY.
PLEASE NOTE OUR TERMS IN CONNECTION WITH THE USE OF “ANONYMIZING TECHNOLOGIES“.
BY ACCESSING, USING ANY SERVICES (DESCRIBED IN MORE DETAIL HERE), AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO (OR ON) ANY DEVICES, AND/OR BY ORDERING OR PURCHASING ANY ParksberrySERVICE OR PRODUCT AND/OR INTERACTING WITH PARKSBERRY, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH OUR TERMS OF SERVICES, INTERACTION AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICES, INTERACTION AGREEMENT, DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO (OR ON) ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY Parksberry SERVICE OR PRODUCT, DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
Privacy Statement
Cookie Notice
Terms of Services, Interaction Agreement
Where, in respect of the State of California, there is there is Judgement that (CCPA) Law Applies to Parksberry, to the extent such law applies to us, this Privacy Statement is automatically modified, amended (including during pendency of any appeal proceeding) to include this Do Not Sell My Information (and the information below) for certain natural persons residing in the State of California (each, a “Consumer”, collectively “California Consumers”) in compliance with the California Consumer Privacy Act of 2018 (“CCPA”), and explains rights that eligible California consumers may have under the CCPA.
Notice of the Right to Opt Out of the Sale of Personal Information
Parksberry provides certain choices about how we use their information. Some laws (like “CCPA”) give some eligible residents (like California residents) the right to opt out of the “sale” of their personal information.
Interest-Based Advertising Opt-Outs
Certain Services under particular Parksberry owned brands(ed) feature advertising including interest-based advertising (“IBA”) (similarly referred to as online behavioral advertising (“OBA”)) served by Third Party Services, Ads. Advertising (including IBA/OBA) enables these particular branded Services to provide you certain Content for free and offers that are more relevant to you.
The CCPA broadly defines “sale” of personal information in a way that may include allowing third parties to receive certain information to add to a profile about some devices, browsers, or some accessors, users (possibly you). This profile enables IBA/OBA on applicable Services and other online services.
Advertising Opt-Out Tools
The Digital Advertising Alliance (“DAA”) provides choices as to whether participating third parties can use information to provide interest-based advertising. To opt out of sharing information with such participating third parties for IBA/OBA, the following tools have been made available by third parties:
• For websites, the DAA WebChoices Tool may be available at http://optout.aboutads.info/?c=2&lang=EN.
• For IOs, tools may be found here
• For Android, tools may be found here
• For mobile applications and connected devices, such as smart TVs or streaming devices, device’s settings should be reviewed and the option selected that allows disabling automatic content recognition or ad tracking. Typically, to opt out, such devices require selection of options like “limit ad tracking” or to disable options such as “interest-based advertising,” “interactive TV,” or “smart interactivity.” These settings vary by device type.
When enabling advertising opt-out tools please understand the following:
• The opt-outs described above are device and browser-based. Because the information being shared relates to device ID and/or browser ID, it is necessary to opt out on each device and each browser.
• Opt-outs may be stored via cookies. If cookies are cleared or if a browser blocks cookies, an opt-out cookie may no longer be available. In this case opt-out choices cannot be honored.
Parksberry do not maintain or control these third party opt-out mechanisms and are not responsible for their operation. Parksberry may still use information of accessors, users of Services to deliver contextual advertising, conduct cross-device tracking to serve first-party ads directly, or for non-IBA/OBA purposes, such as attribution and analytics.
© 1990-2021 Administrative Services as Nominee. ALL RIGHTS RESERVED.
Supplemental Information, Third Parties
Effective: December 31, 2019
Effective: 31 January, 2020, Updated 31, December, 2020 (in respect of the United Kingdom if determined applicable to us)
PLEASE NOTE: PARKSBERRY DOES NOT DIRECT ITS ACTIVITIES TO (AND/OR INTEND ITS SERVICES FOR: (I) CERTAIN LOCATIONS (EACH A “NOT-TARGETED LOCATION“), AND/OR (II) NATURAL LIVING PERSONS, IDENTIFIABLE LIVING PERSONS, DATA SUBJECTS, CITIZENS, RESIDENTS, CONSUMERS, ENTITIES THEREOF (EACH A “NOT-INTENDED ACCESSOR). IF YOU BELIEVE ANY OF THESE APPLY TO YOU, PLEASE DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO (OR ON) ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY PARKSBERRY SERVICE OR PRODUCT, DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
IMPORTANTLY, THE “ARBITRATION AGREEMENT” SECTION OF OUR TERMS OF SERVICES, INTERACTION AGREEMENT CONTAINS PROVISIONS THAT REQUIRE: (I) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND PARKSBERRY UNDER OUR AGREEMENT INCLUDING DISPUTES IN CONNECTION WITH OUR PRIVACY STATEMENT (INCLUDING THIS SUPPLEMENTAL INFORMATION, THIRD PARTIES) AND/OR YOUR PERSONAL INFORMATION IN CONNECTION WITH SERVICES OR Parksberry, TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (II) YOU AND PARKSBERRY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW THE ARBITRATION AGREEMENT. BY ACCESSING, USING ANY SERVICES AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO (OR ON) ANY DEVICES, AND/OR ORDERING OR PURCHASING ANY PARKSBERRY SERVICE OR PRODUCT AND/OR INTERACTING WITH Parksberry, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT OF THE TERMS OF SERVICES, INTERACTION AGREEMENT. PLEASE READ ALL INFORMATION CAREFULLY AND FULLY.
PLEASE NOTE OUR TERMS IN CONNECTION WITH THE USE OF “ANONYMIZING TECHNOLOGIES“.
BY ACCESSING, USING ANY SERVICES (DESCRIBED IN MORE DETAIL HERE), AND/OR DOWNLOADING OR INSTALLING ANY SERVICES TO (OR ON) ANY DEVICES, AND/OR BY ORDERING OR PURCHASING ANY Parksberry SERVICE OR PRODUCT AND/OR INTERACTING WITH PARKSBERRY, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH OUR TERMS OF SERVICES, INTERACTION AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICES, INTERACTION AGREEMENT, DO NOT ACCESS, USE ANY SERVICES (AND IMMEDIATELY TERMINATE ANY SUCH ACCESS, USE), DO NOT DOWNLOAD OR INSTALL ANY SERVICES TO (OR ON) ANY DEVICES (AND IMMEDIATELY UNINSTALL OR DELETE ANY SERVICES FROM DEVICES), DO NOT ORDER OR PURCHASE ANY PARKSBERRY SERVICE OR PRODUCT, DO NOT INTERACT (AND/OR CONTINUE TO INTERACT) WITH PARKSBERRY.
Privacy Statement
Cookie Notice
Cookie UK Supplement
Terms of Services, Interaction Agreement
This Supplemental Information, Third Parties aims to list various third parties (including Third Party Suppliers and Third Party Services) that provide services and products for Services (including cookies, other technologies, features) either for Services’ functionality that are strictly necessary, functional and/or other types. Our Privacy Statement together with the Cookie Notice described the collection, processing, and storage of information. This Supplemental Information, Third Parties supplements the Privacy Statement together with the Cookie Notice as if fully rewritten therein (and must be read together with the Privacy Statement and Cookie Notice).
This Supplemental Information, Third Parties is for general informational purposes only and is not, is not intended as (and shall not be construed to be) a complete list of third parties.
Third Party illustrative information below as to the Intermediary, domain: www.Parksberry.com. March 25, 2020.
| Third Party: | Provides: | Type: | Information: | Information: |
| HostGator.com, LLC. of Endurance Group | • Hosting Services, (including analytics, security, hosted email, and other related applications and services) | • Strictly Necessary (Functional) for Services’ Required Operation | https://www.endurance.com/privacy/cookie-policy | https://endurance.clarip.com/privacycenter/?brand=hostgator |
| MyDomain, Inc. of Endurance Group | • Domain Services, and related services | • Strictly Necessary (Functional) for Services’ Required Operation | https://www.endurance.com/privacy/cookie-policy | https://www.endurance.com/privacy/privacy |
| Endurance International Group, Inc. | • Hosting Services, (including analytics, security, hosted email, and other related applications and services) • Domain Services, and related services | • Strictly Necessary (Functional) for Services’ Required Operation | https://www.endurance.com/privacy/cookie-policy | https://www.endurance.com/privacy/privacy |
| Automattic, Inc., WordPress Foundation | • Content Management System Computer Software Application (including related functions of applications) | • Strictly Necessary (Functional) for Services’ Required Operation | https://wordpress.org/support/article/cookies/ | |
| JAMOS Web Service | • Plugin For Content Management System Computer Software Application(including related functions of applications) | • Strictly Necessary (Functional) for Services’ Required Operation | http://www.jamos.ch/plugins/wp-show-more/ | |
| Ultimate Blocks | • Plugin For Content Management System Computer Software Application (including related functions of applications) | • Strictly Necessary (Functional) for Services’ Required Operation | https://ultimateblocks.com/ | |
| Rolf van Gelder | • Plugin For Content Management System Computer Software Application, Database Optimization | • Strictly Necessary (Functional) for Services’ Required Operation | http://cagewebdev.com/ | |
| Replace WP-Admin Logo, Mudit Kumawet | • Plugin For Login, Logout Content | • Strictly Necessary (Functional) for Services’ Required Operation |