TERMS OF SITE
Welcome to Parksberry at parksberry.com, a website that contains information (“Content”) in an easy to navigate format (collectively “PBWebsite”) designed by its designer/formatter and operator (individually and collectively “PBGroup”).
PBWebsite and Content is/are solely for informational purposes.
The technology and/or software and/or information of the PBWebsite is/are either created and owned by PBGroup or licensed by PBGroup from Third Party Licensors or used with authorization from Third Parties who supplied technology and/or software and/or information to PBGroup.
All Content of the PBWebsite including, but not limited to the art, text, design, format and “look and feel” of the PBWebsite, and the colors, graphics, photographs, illustrations, images, videos, tutorials, software, notices, and other materials is/are protected by copyright laws of the United States and international treaties, trademark and patent laws, and other intellectual property laws.
PBWebsite makes reasonable effort to attribute information published by others that is referenced, presented, accessible on the PBWebsite.
Parksberry, the Parksberry logos, parksberry.com and other marks are the trademarks and servicemarks and title properties of PBGroup (“PBGroup IP Notice” incorporated herein by reference as if rewritten herein). All other product names and company logos, if any, found on the PBWebsite are the trademarks or service marks of their respective owners.
PBGroup grants you as an individual, a non-exclusive, limited, royalty free, revocable license to view the presentation of the PBWebsite over the internet at parksberry.com strictly for your personal, non-commercial, educational and informational purpose to view the PBWebsite as made publicly available. Content of the PBWebsite that is not made publicly available that is accessible only by authorized access code, and presented for informational and promotional purposes (“Access Code Content”) is not intended publicly available. If PBGroup supplied you with an authorized, access code to access, one-time, Access Code Content, PBGroup grants you as an individual, a non-exclusive, limited, royalty free, revocable license to view, one-time, the Access Code Content at PBWebsite via parksberry.com as made available by the access code provided to you strictly for your personal, non-commercial, educational, informational, purpose to view Access Code Content at PBWebsite.
All information materials published by Third Parties that is/are referenced on the PBWebsite (and/or that may be presented as excerpts under Fair Use in Content) including, if applicable, Access Code Content are the information materials of their respective owners and not owned by PBGroup. Content created and owned by PBGroup is opinion of PBGroup.
PBWebsite and without limitation elements of Content that may be described and formatted individually and collectively and described as programs, episodes, features, posts, pages, comments, etc. (“Elements”) is/are a distinctive combination of comprehensively described elements (both new and commonplace which may or may not be protected as separate intellectual property items) fixed in any material form that create(s) an original, repeatable narrative structure and are the intellectual properties of PBGroup. Elements may be on a viewing device screen or off a viewing device screen and may include, but are not limited to: staging, lighting, catchphrases & titles, designs, graphics, rules, scoring, judging and contestant criteria and other criteria.
Except as indicated in this paragraph, you may not copy, reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any of the PBWebsite, Content, Elements, Access Code Content, information or marks or titles without the express, written consent of PBGroup. The copying, reproduction, creating of derivative works from, republishing, uploading, re-posting, transmitting, or re-distributing of Content (including without limitation Access Code Content) not owned by PBGroup may require the separate permission of said respective third party owners which PBGroup suggests you obtain.
NOTWITHSTANDING ANYTHING STATED HEREIN TO THE CONTRARY, PBGROUP, LICENSORS AND AGENTS AND PBWEBSITE REPRESENT THAT THE PBWEBSITE IS PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. PBGROUP, LICENSORS AND AGENTS AND PBWEBSITE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN CONTENT (INCLUDING WITHOUT LIMITATION ACCESS CODE CONTENT), INFORMATION OR OTHER DATA AND DOCUMENTS WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE PBWEBSITE. PBGROUP, LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE PBWEBSITE AND ALL CONTENT INCLUDED IN OR ACCESSIBLE FROM THE PBWEBSITE (INCLUDING WITHOUT LIMITATION ACCESS CODE CONTENT) WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITATION, PBGROUP, LICENSORS AND AGENTS DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE PBWEBSITE AND ALL CONTENT (INCLUDING WITHOUT LIMITATION ACCESS CODE CONTENT AND THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE IS AT YOUR SOLE RISK.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PBGROUP, LICENSORS AND AGENTS WILL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA, INFORMATION OR CONTENT, FOR ANY SERVICES INTERRUPTIONS, OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF THE REASONABLE CONTROL OF PBGROUP AND PBWEBSITE, OR ANY INTERNET OR TELECOMMUNICATIONS FAILURE OR YOUR INABILITY TO ACCESS THE PBWEBSITE (AND ACCESS CODE CONTENT). THE PBWEBSITE IS HOSTED BY AND MADE ACCESSIBLE OVER THE INTERNET BY A THIRD PARTY. THE PBWEBSITE UTILIZES “OPEN SOURCE” SOFTWARE LICENSED UNDER VARIOUS VERSIONS OF “OPEN SOURCE” LICENSES AS MADE AVAILABLE BY THIRD PARTIES AND AUTOMATICALLY INSTALLED BY PBWEBSITE’S THIRD PARTY HOST AND/OR AUTOMATICALLY AS “UPDATES” AND/OR “ADD-ONS” BY THE THE THIRD PARTY “OPEN SOURCE” SOFTWARE UTILIZED IN THE PBWEBSITE. PBGROUP, LICENSORS AND AGENTS CANNOT GUARANTEE SECURITY OF THE PBWEBSITE, THAT THE QUALITY OF THE CONTENT (INCLUDING WITHOUT LIMITATION ACCESS CODE CONTENT AND THAT OF THIRD PARTIES), OR OTHER INFORMATION OBTAINED BY YOU THROUGH THE PBWEBSITE WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS IN TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT YOUR USE OF THE PBWEBSITE AND ANY CONTENT OF THE PBWEBSITE (INCLUDING WITHOUT LIMITATION ACCESS CODE CONTENT, DOWNLOADING AND/OR ACCESSING TO ANY SUCH MATERIALS) IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PBWEBSITE, ACCESS TO THE PBWEBSITE AND ANY CONTENT OF THE PBWEBSITE (INCLUDING DOWNLOADING AND/OR ACCESSING TO ANY SUCH MATERIALS). IN ADDITION, PBGROUP, LICENSORS AND AGENTS CANNOT ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH PBWEBSITE, EITHER PRESENTLY OR AS IT EVOLVES; THE PBWEBSITE MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS THAT MAY RESULT IN LOSS OF DATA OR SETTINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEITHER PBGROUP, LICENSORS AND AGENTS SHALL BE RESPONSIBLE FOR DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS PBWEBSITE. NEITHER PBGROUP, LICENSORS AND AGENTS WARRANT THAT THIS PBWEBSITE COMPLIES WITH ANY REQUIREMENTS OF ANY GOVERNMENTAL REGULATORY AUTHORITY OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE LAWS OF ANY JURISDICTION.
THE PBWEBSITE MAY BE AVAILABLE THROUGH A COMPATIBLE MOBILE DEVICE, INTERNET AND/OR NETWORK ACCESS AND MAY REQUIRE SOFTWARE. YOU AGREE YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE CHANGES, UPDATES, FEES AS WELL AS THE TERMS OF YOUR AGREEMENT WITH YOUR MOBILE DEVICES AND TELECOMMUNICATIONS PROVIDER. PBGROUP, LICENSORS AND AGENTS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE AVAILABILITY OF TELECOMMUNICATIONS SERVICES FROM YOUR PROVIDER AND ACCESS TO THE PBWEBSITE (INCLUDING WITHOUT LIMITATION ACCESS CODE CONTENT) AT ANY TIME FROM ANY LOCATION; ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATIONS SERVICES; AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE PBWEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF PBGROUP, ITS AFFILIATES, LICENSORS AND AGENTS TO YOU SHALL NOT EXCEED ONE U.S. DOLLAR ($1.00). PBGROUP, ITS AFFILIATES, LICENSORS AND AGENTS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR DIRECT CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, EVEN IF PBGROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE PBWEBSITE; THE COST OF SUBSTITUTE GOODS OR SERVICES; ANY PRODUCTS, DATA, INFORMATION OR SERVICES OR MESSAGES RECEIVED THROUGH OR FROM THE PBWEBSITE OR CONDUCT OF ANYONE RELATED TO THE PBWEBSITE; THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY SITE, EVEN IF THE PROVIDER OR THIRD PARTY SITE HAS BEEN PREVIOUSLY NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY PROVIDER OR THIRD PARTY WEBSITE OR ANY OTHER MATERIAL RELATING TO THE PBWEBSITE. SOME JURISDICTIONS DO NOT PERMIT LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms of Site may be revised at any time, and therefore it is suggested that you check these Terms of Site from time to time. Your continued use of this PBWebsite indicates your agreement to be bound by any such revisions.
You agree to indemnify, defend and hold PBGroup and any of PBGroup’s Affiliates, Licensors and Agents, and all of their officers, directors, employees, agents, partners, venturers, investors, information providers harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your use of this PBWebsite and/or your violation of these Terms of Site. In the event that there are third party claims against you for which you properly seek damages from PBGroup under these Terms of Site, or PBGroup is/are subject to any claim for which PBGroup has/have the right to be indemnified by you, PBGroup reserves the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which PBGroup has/have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without PBGroup’s written consent.
PBGroup do/does not waive our rights by delaying or failing to to exercise them at anytime. If any part of these Terms of Site shall be determined to be invalid or unenforeceable under any rule, law or regulation of any governmental agency, state, or federal, the validity or enforceability of any other provision of these Terms of Site shall not be affected.
Any translation of these Terms of Site is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the original information in English.
Digital Millennium Copyright Act
If you believe that your intellectual property is being used on this PBWebsite in a way that constitutes copyright infringement, please provide the following information (as set forth by Section 512(c)(3) of the Digital Millennium Copyright Act):
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PBGroup to locate the material on this PBWebsite.
Information reasonably sufficient to permit PBGroup to contact you, such as an address, telephone number, and if available, an electronic email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to us at
c/o Administrative Services
c/o 1601 West Fifth Avenue B120
Columbus, Ohio 43212
Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement.
Any information or correspondence that you provide may be shared with third parties, including the person who provided the allegedly infringing material. Upon receipt of a bona fide infringement notification, PBGroup will remove or disable access to the infringing material, notify the user that is has been removed or disabled access to the material, subject to the provisions of any permitted counter-notice process.
These Terms of Site will be governed exclusively by the laws applicable in the State of Ohio, USA. You irrevocably and unconditionally consent to the exclusive jurisdiction and venue of the state courts in Franklin County, Ohio, USA or federal court for the Southern District of Ohio, USA with respect to any dispute or litigation arising under these Terms of Site or as a result of your use of this PBWebsite.
These Terms of Site, including the separate Privacy Statement and any other documents referred to herein, represents the entire understanding between both you and PBGroup regarding the PBWebsite and the subject matter hereof and supersedes any prior statements or representations.