Terms of Use

The Balboa Park Online Collaborative (BPOC) owns and operates balboapark.org. It offers the website to the user on the condition that user accepts without modification the terms, conditions, and notices contained herein. By accessing and using this website, the user of balboapark.org agrees to the following terms:

balboapark.org contains material that is derived in whole or in part from material supplied by Balboa Park Online Collaborative (BPOC) and other sources and is protected by copyright and trademark laws. This site is for your personal, noncommercial use, and you may not modify, copy, sell, distribute, transmit, display, perform, reproduce, publish or license any material from this site, including code or software.

All comments, suggestions, ideas, notes, drawings, concepts, or information disclosed or offered to or in response to BPOC through this website shall remain the property of BPOC. By utilizing this website as a vehicle for communication, you grant BPOC a royalty-free, perpetual non-exclusive, unrestricted license to use any comments for purpose, commercial or otherwise, without compensation to the author or provider of the comments.

All comments, suggestions, ideas, notes, drawings, concepts or information disclosed or offered to or in response to BPOC through this website shall remain the property of BPOC. By using this website as a vehicle for communication, you grant BPOC a royalty-free, perpetual non-exclusive, unrestricted license to use any comments for purpose, commercial or otherwise, without compensation to the author or provider of the comments.

Copyright notice

All contents of this website are: Copyright © Balboa Park Online Collaborative, 2131 Pan American Plaza, San Diego, CA 92101

Applicable Laws

As a visitor of balboapark.org, you shall abide by all applicable federal, state, or local laws, including, but not limited to, areas such as libel, slander, indecency, trade libel, product disparagement, harassment, invasion of privacy, obscenity, indecency, and copyright infringement.

Information on this Web site includes intellectual property that is protected under copyright, and other intellectual copyright laws of the United States. These applicable laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text; photographic and graphic images; music, sound, and video samples; and other protected materials. Violation of applicable Intellectual Property laws may give rise to civil and/or criminal penalties.

Limitations of Liability

The use of balboapark.org is at the discretion of the user. Under no circumstances shall Balboa Park Online Collaborative, its officers, employees, members, or agents be liable for any direct, indirect, incidental, special, or consequential damages that may result from the use of, or the inability to use, BPOC materials, including those consisting of this website. You specifically acknowledge and agree that BPOC is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with any BPOC material, or with any of BPOC’s terms and conditions, your sole and exclusive remedy is to discontinue using or visiting balboapark.org

Pages within this website may contain links and pointers to other Internet websites that are maintained by third parties and are not under the control of BPOC. Accordingly, BPOC makes no representation or endorsement concerning the content of any third-party Web site, which you shall review “as is” and use at your own discretion.

Modifications

These Terms of Use may be modified by Balboa Park Online Collaborative at any time and will be binding at the time of implementation. Users have the responsibility of reviewing this website’s terms and conditions.

Balboa Park Content Submission Terms of Use – User Agreement

PLEASE READ THESE SUBMISSION TERMS (“TERMS”) CAREFULLY. THEY CONTAIN IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU MAKE A SUBMISSION TO A BALBOA PARK WEBSITE ON WHICH THESE TERMS APPEAR (A “SITE”) OR SEND THE HASHTAG #BPYES TO BALBOA PARK, YOU ARE CONFIRMING THAT YOU HAVE AGREED TO BE BOUND BY THESE TERMS. THE TERM “BALBOA PARK” REFERS TO ANY ORGANIZATION LOCATED IN BALBOA PARK AND AFFILIATES, AGENTS, REPRESENTATIVES, LICENSEES, ASSIGNEES, AND PROMOTIONAL PARTNERS.

· You may be viewing these Terms on a small screen. If so, here are the highlights of the Terms below (but please read the Terms).

· You own the photo or other Content (as defined below) that you submit. Nothing in these Terms changes that.

· You are giving a license to use the Content on the Site and on Balboa Park’s other websites, apps, e-mail, and social media channels for advertising, marketing, and/or promotional purposes.

· You are also giving Balboa Park a license to use your name and image and other biographic material in conjunction with the Content.

· If any third party has any rights in your Content (e.g., someone else took a photo or appears in a photo), you represent that you have all the rights and permissions needed from those third parties to grant Balboa Park the license to use your Content in accordance with these Terms and nothing in the Content is inappropriate or defamatory.

· You are releasing Balboa Park from any liability arising out of its use of the Content as described in these Terms and you promise not to sue Balboa Park for such use.

1. Please review Balboa Park’s online Terms of Use, located at https://balboapark.org/about/terms-conditions, and Privacy Policy, located at https://balboapark.org/about/privacy, both of which are incorporated into these Terms by this reference. Without limiting the generality of the foregoing, these Terms grant Balboa Park usage rights in and to your Content that are in addition to (not in lieu of) the usage rights contemplated in the online Terms of Use. In the event of any conflict or inconsistency between these Terms and the online Terms of Use, these Terms will prevail, govern and control.

2. You represent and warrant that you are at least 18 years old.

3. You represent and warrant that you (a) own and control all rights, title, and interest in and to the Content you license or that you otherwise have all rights, permissions, and consents necessary to post and use such Content (including, but not limited to, the right to use names, images, and likenesses of any third party referenced or appearing in the Content); (b) have all rights necessary to provide Balboa Park with the license and rights set forth in Section 4 below; and (c) have complied with all applicable laws and regulations associated with acquiring and/or producing the Content. For the purposes of this Agreement, “Content” means photographs, text, graphics, moving images, sound, illustrations, or any other materials (including any associated metadata or location information) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow Balboa Park to access from third-party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.

4. You hereby grant to Balboa Park a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, on Balboa Park’s social media accounts, on or in any digital platforms of Balboa Park (including websites, apps, and email), and on third-party websites and apps for any purpose, including for promotional and publicity purposes. For purposes of clarification and not limitation, (a) this license includes, and you expressly consent to, Balboa Park’s right to use and publicly display your name, image, likeness and persona; and (b) nothing in this license transfers your ownership of the Content to Balboa Park. Nothing in this license requires Balboa Park to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all, and all Content is subject to selection and curation by Balboa Park. If Balboa Park chooses to use or publish your Content on the Site, it will be deemed to have been posted at your request.

5. Any statements, remarks, or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products, or services in your Content, you further agree to disclose any material connections you may have with Balboa Park or other third-party brands or sellers (such as if you are an employee, paid blogger, or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views, and experiences at Balboa Park’s request.

6. You understand that you will not be paid for Balboa Park’s use of your Content as described in these Terms. Each of us will bear our own expenses associated with these Terms.

7. You agree to take any actions (including the execution of documents) reasonably requested by Balboa Park to effect, perfect or evidence the representations and/or licenses and rights set forth in these Terms.

8. You agree that you will not submit Content that:

infringes any patent, trademark, trade secret, copyright, or other intellectual, or proprietary right of another;
includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable;
displays, describes, or encourages the use of a product or service that could be offensive, inappropriate, or harmful to Balboa Park or any other person or depicts the use of a product in a manner that is contrary to any instruction or warnings relating to the product;
impinges upon or violates the publicity, privacy, or data protection rights of others; or
makes or includes false or misleading statements, claims, or depictions about a person, company, product, or service.
Without limiting the foregoing, you agree that in conjunction with the production of your Content, you have not inflicted emotional distress or abuse on other people, have not publicly humiliated other people, have not assaulted, stalked or threatened other people, have not entered onto private property without permission, have not impersonated any other person or misrepresented your affiliation, title, or authority, and have not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Balboa Park will reject and/or remove any Content in which Balboa Park believes, in its sole discretion, that any such activities have occurred.

1. To the fullest extent allowed by law, you agree to release, discharge and indemnify Balboa Park and its employees, contractors, sponsors, or any other person acting under Balboa Park’s permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. You further agree to waive any rights to injunctive relief you may have in connection with these Terms.

2. These Terms, including the Balboa Park online Terms of Use and Privacy Policy and any other policies or agreements expressly incorporated by reference therein, constitutes the entire agreement between you and Balboa Park in relation to the Content you’re licensing. If a court finds any provision of these Terms to be unreasonable or unenforceable in any respect, you agree that these Terms will nonetheless be enforced to the maximum extent to which they are found by the court to be legally enforceable.

3. These Terms will be governed by applicable federal law and the laws of the State of California, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Balboa Park’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).

*** End of Submission Terms ***