PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE NATURE ROCKS AUSTIN WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE NATURE ROCKS AUSTIN WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.
THIS IS A WEBSITE FOR PARENTS, OFFERING THEM A POSITIVE AND INTERESTING ENVIRONMENT WHERE THEY CAN RECEIVE INFORMATION ON HOW TO CONNECT THEIR FAMILIES TO NATURE. TO USE THIS SITE AND THE SERVICES OFFERED, YOU MUST BE 16 YEARS OLD OR OLDER. BY ACCESSING THIS SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 16 YEARS OF AGE. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED.
How You Can Use the Services.
This Site and the Services offered are intended for your personal, noncommercial use in accordance with these TOS. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without Nature Rocks Austin’s prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.
You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by Nature Rocks Austin. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component
The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by CINC-Austin or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. CINC-Austin owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site.
All trademarks appearing on this Site ("Marks") are trademarks of their respective owners, including CINC-Austin and its partners. Users are prohibited from using any Marks without the written permission of CINC-Austin or such third party that may own the Marks.
Content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without CINC-Austin’s prior written consent. You may download content for your personal, non-commercial use only as provided in these TOS, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
No License Granted.
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Nature Rocks Austin. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER NATURE ROCKS AUSTIN PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
You must be at least 16 years old to join Nature Rocks Austin and to use the Services. The Nature Rocks Austin Site and Services is not intended for children under the age of 16. Nature Rocks Austin does not knowingly collect personal information from children under the age of 16.
Communications from Nature Rocks Austin.
By registering for Nature Rocks Austin newsletters, you will receive online communications from Nature Rocks Austin. To unsubscribe from any Nature Rocks Austin email list, simply click on the “Unsubscribe” link at the bottom of the email and your name will be removed from that mailing list.
· INFORMATION WE COLLECT
o User Provided Information. Nature Rocks Austin collects personal information from you when you register for our newsletter. To register for our newsletter, you must provide your email address.
o From time to time we may ask you to respond to surveys or other requests for information and we collect the information you provide. We may collect information from you when you participate in promotions offered on our Site. We may also collect information about you through other methods, including research surveys or information we obtain from third parties, including verification services, data services, as well as public sources. We use this information to continually offer you the most value as a Nature Rocks Austin participant.
o Web Logs. Like most standard Website servers, we collect information from all visitors to the Site. This information may include the browser you are using, the internet address from which you linked to our Site, the operating system of your computer, the unique IP address of the computer you used to access our Site, and usage and browsing habits. We use this information to help diagnose and troubleshoot server malfunctions, to analyze trends, track user movement in the aggregate, and gather broad demographic information. We may also use individual information we collect through web logs to send you targeted offers and other communications.
o Cookies. To help make sure you receive information that is relevant to you, our Site uses data "cookies." These cookies are small data files stored on your computer which identify you as a previous visitor to the Site and help us to personalize your experience when you arrive. Most web browsers are set to accept cookies. You can instruct your browser not to accept cookies. However, if you disable this function, you will not be able to use some of the features on our Site.
o Web Beacons. Our Web pages and our e-mail newsletters may contain "web beacons." Web beacons allow us to count users that have visited a web page or opened an email that contains a web beacon and collect other types of aggregate information. Using this information, we are able to measure the effectiveness of our advertising and how visitors use our Site. This allows us to learn what pages are most attractive to our visitors, which parts of our Site are the most interesting and what kind of offers our Members like to see. Some of the web beacons that may be in place on our Site are used only by Nature Rocks Austin, and other web beacons are from our vendors and advertisers who use this data to assist us in analyzing how our visitors use the Site. In addition, we have agreements with various affiliate networks that promote Nature Rocks Austin on their affiliate websites. These affiliate advertisers may use web beacons in their advertisements to track users who click through from the affiliate website to the Site.
· HOW WE USE YOUR INFORMATION
o When you Register. When you register for the Nature Rocks Austin newsletter no information is displayed on the Site.
o We'll send you our email and newsletters. Nature Rocks Austin may send you service-related announcements and emails from time to time. We may also use your information to send you e-newsletters, updates and communications about Nature Rocks Austin. We may ask you which newsletters you wish to receive. You may change your newsletter preferences by opting-out of receiving future emails as described at the bottom of each communication from Nature Rocks Austin.
o Sweepstakes and Promotions. On occasion, we may offer sweepstakes and other promotions in conjunction with a sponsor. By participating in a promotion, you submit to that promotion's terms and conditions including providing us with permission, if required, to share your personally identifiable information with a particular sponsor.
o Third Party Offers. On occasion, we are able to offer you special products or services through a relationship with a third party. In those cases, the offer may be brought to you by Nature Rocks Austin and fulfilled by the third party. If you accept the offer, you will become a customer of the company that is fulfilling the offer and we will not have control over their use of the personally identifiable information that you provide to them when you accept the offer. In addition, your information may be shared with Nature Rocks Austin partners. Prior to any such information sharing you will be provided the opportunity to opt-out of any such information sharing through an email notification.
o Invite a Friend. Email addresses gathered through the Invite Friends feature for the purpose of transmitting your invitation for nature activities are not retained by Nature Rocks Austin nor will they be shared with third-parties. We do not use this information for other purposes.
o Testimonials and Feedback. On occasion, we may solicit testimonials or feedback from you for use in public promotions of Nature Rocks Austin on the website, Facebook or other media. Any testimonials you submit will have uniquely identifiable information removed for any individuals referenced in the testimonials or feedback including last names, personal addresses or other unique information. None of the uniquely identifiable information in the testimonials is retained or shared for any purpose. First names and names of public locations such as parks may be retained for public use unless we receive a request otherwise. Your name and contact information may be retained for other communications but this information will not be shared with any third-parties.
o Legal Matters; Safety. We may, without your consent, access and disclose your information, any communications sent or received by you, and any other information that we may have about you or your account as may be permitted or required by law (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud, violations of our Terms of Service, or activity that appears to us to be illegal or may expose us to legal liability. Additionally, we may disclose your information in situations that we believe to be emergencies involving potential threats to the physical safety of any person or property if we believe that your information in any way relates to that threat.
o Sale of Business or Assets. In the event that Nature Rocks Austin, substantially all of its assets, or a line of business are acquired or merged with another company, personally identifiable information of our Members may be one of the assets sold or merged in connection with that transaction. Nature Rocks Austin will notify users of the Site of such a change in ownership or transfer of assets by posting a notice on the Site.
· IMPORTANT DISCLOSURES, PRACTICES
o Nature Rocks Austin contains links to other sites. It is possible for you to receive information directly from our partners and other companies if you access them through a link on NatureRocksAustin.org or if you go directly to their Websites. Once you are on their sites, any data that you supply to these partners, for example, to obtain information or buy products directly from them is beyond our reach and will be the responsibility of each of the linked-to entities and not Nature Rocks Austin. We are not responsible for the privacy practices or the content of these Websites or any other sites linked to or referenced on our Site.
o Security. Nature Rocks Austin has multiple layers of security on its systems. We have implemented software and hardware security, including firewalls, data encryption, and private networks intended to protect your personally identifiable information from unauthorized access. We use firewalls and intrusion-detection devices that are designed to defend against hackers and notify us if any attempts are made to compromise our network. We regularly review additional software upgrades to enhance our security measures. However, despite our efforts, no system can completely guaranty that there will never be unauthorized access to your personally identifiable information, and your use of the Site indicates that you are willing to assume this risk.
o Children's Privacy. Nature Rocks Austin does not encourage participation or visitation by children. Visitors who are known to be under the age of 16 are prohibited from becoming Nature Rocks Austin Members. Nature Rocks Austin does not knowingly collect personally identifiable information from children under the age of 16.
The Site, or Members, may provide links to other World Wide Web sites or resources. Because CINC-Austin has no control over such sites and resources, you acknowledge and agree that CINC-Austin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that CINC-Austin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold CINC-Austin, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these TOS, applicable law or the rights of any third party.
Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT NATURE ROCKS AUSTIN MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT CINC-Austin DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, CINC-Austin AND NATURE ROCKS AUSTIN DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.
THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NATURE ROCKS AUSTIN AND CINC-Austin AND NATURE ROCKS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. CINC-Austin ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION.
CINC-Austin AND NATURE ROCKS AUSTIN ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CINC-Austin OR NATURE ROCKS AUSTIN BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF CINC-Austin HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars ($10).
Digital Millennium Copyright Act ("DMCA") Notice.
Materials may be made available via the Site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service.
If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Att: Nature Rocks Austin
712 Congress Ave., Suite 200
Austin, TX 78701
Third Party Products and Services.
You may order services, merchandise or other products through the Site from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. CINC-Austin and Nature Rocks Austin make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consider CINC-Austin or Nature Rocks Austin (and we will not be construed as) a party to such transaction, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and CINC-Austin will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
It has been the long-standing policy of CINC-Austin not to accept or consider creative ideas, suggestions, or materials, including, but not limited to, notes, drawings, concepts, comments, questions or answers, techniques, know-how, or other information (hereinafter "Submissions") other than those specifically requested, such as User Generated Content "UGC". The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by CINC-Austin’ professional staff might seem to others to be similar to their own creative work. All Submissions, including unsolicited submissions and those made at the request of CINC-Austin, such as UGC, will be treated as non-confidential and non-proprietary, and will be subject to the license granted in the preceding paragraph. CINC-Austin will not be liable for any use or disclosure of any Submissions.
These TOS are the entire agreement between you and CINC-Austin. They supersede any and all prior or contemporaneous agreements between you and CINC-Austin relating to your use of the Site or the Services. If any part of these TOS is determined to be invalid or unenforceable, it will not impact any other provision of these TOS, all of which will remain in full force and effect. The failure of CINC-Austin to partially or fully exercise any rights or the waiver of CINC-Austin of any breach of these TOS by you, shall not prevent a subsequent exercise of such right by CINC-Austin or be deemed a waiver by CINC-Austin of any subsequent breach by you of the same or any other term of these TOS. The rights and remedies of CINC-Austin under these TOS and any other applicable agreement between you and CINC-Austin shall be cumulative, and the exercise of any such right or remedy shall not limit CINC-Austin’s right to exercise any other right or remedy.
These TOS are governed by, and will be interpreted in accordance with, the laws of the Texas, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by CINC-Austin for any violation of CINC-Austin’s proprietary or other rights, any and all disputes relating to these TOS, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Austin, Texas, USA.