Terms & Conditions

Terms & Conditions

This Terms of Use Agreement (“Agreement”) constitutes a valid, binding contract between you and Woodall Rodgers Park Foundation, a Texas nonprofit corporation (“Klyde Warren Park”), the owner and operator of www.klydewarrenpark.org, with respect to the use of this website (the “Site”). Your access to the Site is provided subject to compliance with the terms of this Agreement and Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time.  Please read this Agreement carefully as it forms a binding contract between you and Klyde Warren Park. Please print a copy of this agreement for your records.

Klyde Warren Park takes the issue of privacy on the Internet very seriously. If you access certain services on our Site, such as portions of the Site which may require registration or log-in for access, then you may also be subject to other applicable rules and policies which are available on the log-in pages for the applicable interactive services.

License and Site Access

The Site is intended to provide information to supporters and other interested regarding Klyde Warren Park’s activities. Klyde Warren Park grants you a limited, revocable, non-transferable, and non-exclusive license to use the object code of the Site on a single computer and not to download (other than page caching) or modify it, or any portion of it. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of Klyde Warren Park. Except with express written consent of Klyde Warren Park, you shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site. The license does not include resale of this Site or its contents, or collection and use of any content or any derivative use of this Site or its contents. If you would like to link to our Site, please review the Links to This Site section.  You agree not to engage in any conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Klyde Warren Park, exposes Klyde Warren Park or any of its affiliates to any liability or detriment of any type. Any unauthorized use or violation of the Site shall be grounds to terminate the permission or license granted by Klyde Warren Park to access the Site.

Your use of the Site must always comply with applicable law.  In particular, but without limitation, you agree and represent not to use the Site to:

    • (a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;

    • (b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

    • (c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 

    • (d) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;

    • (e) post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same information more than once or “spam;” or

    • (f) use automated scripts to collect information from or otherwise interact with the Site.

You must be courteous to other users of the Site. Personal attacks are grounds for being banned. If you have a problem with something that another member has posted in the forums please contact us at info@theparkdallas.org. Do not post a personal attack or other response. Harassing members of the Site in any way will not be tolerated. If a member has advised you that they do not wish for you to contact them, it is your responsibility to respect this request. If you are found to be harassing any member of the Site, Klyde Warren Park reserves the right to ban you from the Site. If you are being harassed, please notify us immediately at info@theparkdallas.org. Violating this Agreement may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing this Agreement.

User Communications and Unsolicited Idea Submission

By voluntarily submitting electronic communications (including pictures and anecdotes) to or through the Site, you agree that such submissions are non-confidential for all purposes and agree to any information you provide being stored in a database.  Please note, it is Klyde Warren Park’s policy not to review or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings if activities of Klyde Warren Park might be similar or even identical to your idea. You agree that if you send Klyde Warren Park a comment or feedback or an unsolicited suggestion, idea, or proposal (collectively, the “Submissions”), the Submission is non-confidential and non-proprietary. You further agree that such Submissions become the property of Klyde Warren Park and that all title and interest therein, including all rights of copyright, rests with The Park at the time they are submitted. Klyde Warren Park has no obligations concerning the Submissions, contractual or otherwise (including, but not limited to, an obligation to keep the Submissions confidential), and will not be liable for any use or disclosure of any Submission. Submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice and Klyde Warren Park is entitled to unrestricted use of Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

All content on the Site, including user postings, is provided "AS IS," and you are solely responsible for your reliance on and use of such content. Klyde Warren Park is not responsible for the consequences of any communications made through the Site. You agree not to, without the express approval of Klyde Warren Park, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

Third Party Copyrights

Klyde Warren Park respects the intellectual property of authors and creators of written works and visual images and we ask our users to do the same. A copyright exists in nearly all text, images and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright. Klyde Warren Park and this Site’s users are each subject to the copyright laws. You represent and warrant that you possess all necessary rights to use the content that you submit to Klyde Warren Park and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to us. If you have any questions, you should consult a lawyer who specializes in copyright law.

Unauthorized Data Collection

Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Klyde Warren Park is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site, in any manner or in any quantities not authorized by Klyde Warren Park. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any portion of this Site without prior express written consent.

You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.

Intellectual Property Rights

The Site is protected by copyright, trademark, trade dress and other intellectual property rights.  

    • (a) Klyde Warren Park’s logos and other trademarks, service marks, labels, product names and service names, including without limitation the Name, “Klyde Warren Park”, the tagline “common ground. uncommon beauty.”, and the logo (collectively, the “Marks”) are owned or licensed by Klyde Warren Park. You may not use meta tags or any other “hidden text” utilizing Klyde Warren Park’s name or trademarks without the express written consent of Klyde Warren Park. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Klyde Warren Park. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not provided by Klyde Warren Park.

    • (b) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2009 Woodall Rodgers Park Foundation.  All rights reserved. The copyrighted and proprietary property of Klyde Warren Park may not be duplicated or used without Klyde Warren Park’s express prior written consent. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices included by Klyde Warren Park.

Links to This Site

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the pages that are activated by the link do not:

    • (a) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; 

    • (b) misrepresent your relationship with Klyde Warren Park; 

    • (c) imply that Klyde Warren Park approves or endorses you, your Web site, or your service or product offerings; and 

    • (d) present false, derogatory, misleading or otherwise offensive impressions about Klyde Warren Park or otherwise damage the goodwill associated with Klyde Warren Park's name or trademarks. As a further condition to being permitted to link to this site, you agree that Klyde Warren Park may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site and to cease using any Klyde Warren Park trademark.

Links to Other Sites

The Site may contain links to third party websites. Such third party websites are not under the control of Klyde Warren Park. Please note that Klyde Warren Park is not responsible for the accuracy or content of websites of other providers that may have links from this Site. Accordingly, Klyde Warren Park can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that Klyde Warren Park has provided this link serve as an endorsement by Klyde Warren Park of this or any other site.  In creating hypertext links to any other website, Klyde Warren Park is not recommending that website or giving any assurances as to its standing. Klyde Warren Park is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. Klyde Warren Park makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

Termination

Your use of the Site is at the sole discretion of Klyde Warren Park, which may deny you further use of the Site at any time with or without cause in its sole discretion, including, without limitation, for your violation of this Agreement. Your use of the Site does not entitle you to continued use of the Site. In the event of termination, all representations, warranties, indemnifications, and promises made by you survive termination.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS KLYDE WARREN PARK FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF KLYDE WARREN PARK, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE OR YOUR USE OF THE INFORMATION CONTAINED ON THE SITE OR YOUR USE OF THE INFORMATION CONTAINED ON THIS SITE.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

  • a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KLYDE WARREN PARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

  • b) KLYDE WARREN PARK ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS.

  • c) KLYDE WARREN PARK IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE.

  • d) KLYDE WARREN PARK MAKES NO WARRANTY THAT: 

    • a. YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

    • b. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR

    • c. THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

  • e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  • f) YOU ASSUME FULL RESPONSIBILITY TO EVALUATE FOR ITSELF THE CONDITION, QUALITY, ACCURACY, AND SUITABILITY OF INFORMATION PROVIDED ON THE SITE. SUCH INFORMATION DOES NOT TAKE THE PLACE OF ACCOUNTANTS, ATTORNEYS, OR ANY OTHER PROFESSIONAL OR LICENSED SERVICES PROVIDERS.

  • g) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KLYDE WARREN PARK OR THROUGH THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON AND USE OF SUCH CONTENT.  THE CONTENT OF THIS SITE IS "AS IS" AND KLYDE WARREN PARK MAKES NO OTHER WARRANTY OR GUARANTEE OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.