This is a legal agreement between you and ParksByNature Network, LLC (“ParksByNature”) and its affiliates and suppliers regarding your use of the Pocket Ranger® eXchange™ (“PRX”), a social media website with a web address at www.PocketRangereXchange.com, and all data or content that is accessed or utilized by PRX. By registering as a member and user of PRX (“User”) and clicking “I agree to PRX terms and conditions”, or by using the PRX website, including mobile applications, developer platform, premium services, or other information as part of the PRX services (collectively the “Services”), you agree to be bound by the terms of this End User License Agreement (this “EULA”). If you do not agree to the terms of the EULA, you are not entitled to register as a member of PRX and your PRX profile will be deactivated and deleted.
Use of the Services and registration to be a Member of PRX (“Membership”) is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning if ParksByNature believes that: (1) you are under 13 years of age; (2) you are under 18 years of age and represent yourself as 18 or older; or (3) you are over 18 and represent yourself as under 18. ParksByNature will automatically terminate your Membership and delete any of your personal information it has collected if ParksByNature gains actual knowledge that you are under 13 years of age.
3. Applicable Laws
You must comply with all applicable laws, the EULA, as may be amended from time to time with or without advance notice, and the policies and processes explained herein.
- PRX, the Services and any related documentation are protected by United States copyright law and international treaty provisions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on PRX without the prior written consent of ParksByNature. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. You acknowledge that PRX contains proprietary trade secrets of ParksByNature and its suppliers. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of intellectual property used to deliver PRX by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
- You agree not to use PRX in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that ParksByNature is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, obscene or illegal messages or transmissions that you may receive as a result of using any of the ParksByNature application.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your PRX passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of you PRX account and password; and (3) promptly inform ParksByNature of any need to deactivate a password. ParksByNature cannot and does not assume any responsibility or liability for any information you submit; you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
You agree to defend, indemnify and hold ParksByNature, its officers, directors, employees, agents, licensors, affiliates and suppliers, harmless from and against all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of PRX and/or your violations of this EULA and/or any breach or your representations and warranties set forth in this EULA and/or any content that you post on, through or in connection with PRX.
7. PRX Applications
- PRX may offer the Services through applications built using PRX’s platform (“PRX Apps”). Examples of PRX Apps include its smartphone or tablet applications (e.g. PRX for iPhone® or PRX for Android®), and PRX’s “Share” buttons and other interactive plugins distributed on websites across the web. PRX Apps are distinct from third party Platform Applications. If you use an PRX App or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing PRX plugins that load in your browser may be communicated to ParksByNature.
- By importing any PRX data through the PRX App, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your PRX account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing PRX through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile device.
- By using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
If you elect to provide or make available to ParksByNature any suggestions, comments, ideas, improvements, or other feedback or materials related to any ParksByNature product or otherwise (collectively, “Suggestions”), ParksByNature will be free to use, disclose, reproduce, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner. You acknowledge and agree that your Suggestions do not contain confidential or proprietary information, you irrevocably assign to ParksByNature all rights to your Suggestions, and you will be entitled to no compensation or credit for, nor gain any right, title or interest in or to, any ParksByNature changes to PRX or the Services.
- The Services allow Users to upload information (such as images, waypoints and tracks) (collectively, “Uploads”) and to post messages, blogs, status updates and other information (collectively, “Posts”) to PRX and ParksByNature’s servers and to notify others about the availability of your Uploads and Posts (collectively, “Content”), for example by sending an email or posting to other social networking sites such as Facebook® or Twitter® (the “Upload Service”). If you use such functionality, you authorize ParksByNature to retain your Content on its servers, to reproduce, publish and make your Content available to anyone you notify (whether directly or indirectly, such as via a social networking site) about the availability of your Content, and to disclose the user name you submitted with your Content. In addition to the Upload Service, PRX may provide functionality through which you are able to receive other services from ParksByNature (such other services and the Upload Service, collectively, the “Extra Services”). ParksByNature will have no obligation to provide any Extra Services, may change the form and nature of any Extra Services at any time with or without notice to you, will have no liability whatsoever to you or cease providing any Extra Services at any time with or without notice to you, and will have no obligation to return your Content (or any other materials you may provide to ParksByNature) to you before deleting them from its servers.
- ParksByNature may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of ParksByNature violates this EULA or which may be offensive, obscene, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity, or as may be required by court order.
- ParksByNature assumes no responsibility for monitoring PRX or the Services for inappropriate Content or conduct. If at any time ParksByNature chooses, in its sole discretion, to monitor PRX or the Services, ParksByNature nonetheless assumes no responsibility or liability for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.
- You are solely responsible for the Content you post on, through or in connection with PRX or the Services, and any material or information that you transmit to other PRX members and for you interactions with other users. Content posted on PRX may include location based information sharing which carries inherent risks to a User’s safety by making the User’s location publicly known. ParksByNature does not assume any responsibility or liability associated with the inherent risks associated with location based information sharing and you assume all risks and liability associated with such sharing as you are solely responsible for the Content you post on, through or in connection with PRX or the Services.
- You agree that you will not post or upload any Content that is harassing, threatening, defamatory, libelous, discriminatory, offensive, obscene, illegal or otherwise objectionable; that infringes upon patent, trademarks, trade secrets, copyrights or other proprietary rights; or that contains software viruses, 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 of ParksByNature or any User.
The Services provide functionality through which you are able to store information (such as images) on the device on which you are using the Services. ParksByNature will have no liability whatsoever to you or any third party for any failure of the Services to store any such information on such device.
11. Children's Privacy
ParksByNature is committed to protecting the privacy of children. You should be aware that PRX is not intended or designed to attract children under the age of 13. ParksByNature does not collect personally identifiable information from any person we actually know is a child under the age of 13.
12. Personal Information
By using PRX and the Services, you agree to the collection, retention and processing of limited technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to PRX. ParksByNature may use this information to improve its products or to provide services or technologies to you. Even though ParksByNature has taken steps intended to protect any of your personal information from being collected, intercepted, accessed, used, or disclosed by unauthorized persons, ParksByNature cannot fully eliminate security risks associated with your personal information and cannot guarantee that its systems will not be breached.
13. Disclosure of User Information
- You acknowledge, consent and agree that we may access, preserve and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this EULA; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of ParksByNature, our Users or the public.
- You acknowledge, consent and agree that your User profile information may be used by ParksByNature to procure sponsors, but User contact information will not be shared with third parties.
- ParksByNature may use User contact information to send Users news, alerts or other information via email or other means.
14. Disclaimer of Warranty
THE SERVICES AND ANY RELATED PRX APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE “AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, EFFORT AND PERFORMANCE OF THE SOFTWARE AND SERVICES IS WITH YOU. SHOULD THE SERVICES OR PRX APPS PROVE DEFECTIVE, PARKSBYNATURE DOES NOT HAVE ANY LIABILITY FOR THE SERVICING AND/OR REPAIR OF YOUR DEVICE OR THE SOFTWARE. PARKSBYNATURE AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES AND PRX APPS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. PARKSBYNATURE AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR PRX APPS WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, OR THAT THE OPERATION OF THE SERVICES OR PRX APPS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE SERVICES OR PRX APPS OR NONCONFORMITY TO ITS OR THEIR DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO PARKSBYNATURE AND ITS SUPPLIERS TO GRANT THE LICENSE CONTAINED IN THIS EULA AND TO PROVIDE YOU WITH ACCESS TO THE SERVICES. PARKSBYNATURE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE.
15. Warranty and Liability
ParksByNature makes no warranty and has no liability for any problems that may arise out of your negligence, lack of electricity, lack of signal or transmission strength supplied by your telecommunication supplier.
16. Use of PRX, the Services and PRX Apps is at the User’s Own Risk
DO NOT ATTEMPT TO CONFIGURE PRX, THE SERVICES OR PRX APPS OR INPUT INFORMATION WHILE DRIVING. FAILURE TO PAY FULL ATTENTION TO THE OPERATION OF YOUR VEHICLE COULD RESULT IN DEATH, SERIOUS INJURY, OR PROPERTY DAMAGE. BY USING THE SERVICES, YOU ASSUME ALL RESPONSIBILITY AND RISK.
17. Limitation of Liability
- PARKSBYNATURE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS EULA, YOUR USE OF OR INABILITY TO USE THE SERVICES, OR YOUR USE OF OR RELIANCE ON ANY DATA (INCLUDING GPS AND GIS DATA) YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF PARKSBYNATURE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- BY USING THE SERVICES, YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, DEATH OR PHYSICAL INJURY, THAT YOU MAY SUSTAIN WHILE USING THE SERVICES, AND THAT BY USING THE SERVICES, YOU AGREE TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS PARKSBYNATURE AND ITS DIRECTORS, REPRESENTATIVES, SPONSORS, AND VOLUNTEERS, OF ANY AND ALL LIABILITY FOR SUCH LOSS, DAMAGE OR DEATH ARISING FROM OR IN CONNECTION WITH USING THE SERVICES.
18. Third Party Partner Materials
ParksByNature application(s) display, include or make available content, data, information, applications or materials from third parties (“Third Party Partner Materials”) or provide links to certain third party partner web sites. By using the ParksByNature application, you acknowledge and agree that ParksByNature, its employees, shareholders, independent contractors, sponsors and developers are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party partner materials or web sites. ParksByNature does not warrant or endorse and does not assume and has no liability or responsibility to you or any other person for any such content. Third party partner materials and links to other web sites are provided solely as a convenience to you. You agree to use the ParksByNature application at your sole risk and that the ParksByNature shall not have any liability to you for any content that may be found to be offensive, indecent, or objectionable.
19. Location Data
Location data provided by any ParksByNature application is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither ParksByNature, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability of the data or content displayed by any ParksByNature application.
20. Proprietary Content
You agree that any ParksByNature application contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the ParksByNature application. No portion of the ParksByNature application may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the ParksByNature application, in any manner, and you shall not exploit the ParksByNature application in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that ParksByNature may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ParksByNature’s liability shall be the minimum permitted under such applicable law.
This EULA is effective until it is terminated. You may terminate this EULA by terminating your PRX Membership by following the instructions on the My Account Page. ParksByNature may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. This EULA will automatically terminate if you violate any of the terms of this EULA. Upon termination of this EULA, all license rights granted to you shall immediately terminate. However, all other provisions of this EULA shall survive such termination.
- This EULA is the entire agreement between you and ParksByNature with respect to, and supersedes any previous oral or written communications or documents concerning the subject matter of this EULA. In no event shall any additional or inconsistent term in any purchase order or similar document submitted by you modify the terms of this EULA.
- This EULA is governed by the laws of the State of New York, United States of America, as such laws apply to contracts between New York residents entered into and performed entirely in New York (notwithstanding your place of residency). You agree that any dispute arising from or relating to this EULA shall be brought exclusively in a court of competent jurisdiction, federal or state, located within the State of New York, County of New York, and in no other jurisdiction, and you hereby consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court.
- This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
- If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this EULA will remain in full force and effect.
- Failure by ParksByNature to prosecute any right with respect to a default hereunder will not constitute a waiver by ParksByNature of the right to enforce rights with respect to the same or any other breach.
- ParksByNature reserves the right to change this EULA at any time by publishing the revised EULA on the PRX Website. The revised EULA shall become effective within thirty (30) days of such publication, unless you expressly accept the revised EULA earlier by clicking on the accept button. Your express acceptance or your continued use of PRX after expiration of the notice period of thirty (30) days shall constitute your acceptance to be bound by the terms and conditions of the revised EULA. You can find the latest version of this EULA at www.PocketRangereXchange.com.
24. End User Terms Required by Apple, Inc. (if applicable)
This Software contains software by Apple, Inc. (“Apple”) that ParksByNature uses pursuant to a license granted to ParksByNature by Apple.
- You acknowledge and agree that:
- This EULA is concluded between you and ParksByNature, and not Apple;
- ParksByNature, and not Apple, is solely responsible for the Software and its contents;
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software;
- In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Software, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ParksByNature’s sole responsibility;
- ParksByNature, and not Apple, is responsible for addressing any claims that you may have including, but not limited to, product liability claims; any claim that the Software fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar protection;
- Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the Software infringes that third party partner’s intellectual property rights; and
- Apple and its subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary; and
- You represent and warrant that:
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties.
25. Other Third Party Software
PRX and PRX Apps contain third party software that ParksByNature uses pursuant to a license granted to ParksByNature by third parties. The same terms and conditions, including all limitations and restrictions, set forth in this EULA apply to each third party software program contained in PRX and PRX Apps.
26. Contact Us
Should any questions, comments, or issues arise regarding the PRX or this EULA, you may contact us at ParksByNature Network LLC, 1431 Broadway, Floor 12, New York, NY 10018, United States of America, or by visiting www.stateparkapps.com/contact-us.php.