Disclaimer

“ParkView Cam, LLC”, “www.joinParkView.com“, “ParkViewLive”, and “Parkview” is a service provided by ParkView (collectively referred to as “ParkView”) for registered members to create accounts to view, broadcast, and share webcam content and related data such as images, pictures, and videos over the Internet (“Webcam Content”). Only registered members are permitted to use this service. To become a member (“Member”), individuals must agree to the current Terms of Service.

ParkView offers users and Members the ability to report any violations they find on ParkView by completing and submitting the ParkView Contact Us form or emailing directly to joinparkview@gmail.com.

1. CHANGES TO TERMS OF SERVICE. ParkView reserves the right to change the Terms of Service at its sole discretion at any time, and Members must comply with these changes. Updates may be made without notice to Members. Notifications may appear on the ParkView website. Members who violate the Terms of Service may have their membership revoked.

2. DESCRIPTION OF SERVICE. To use ParkView, Members must have Internet access, either directly or via devices that access web-based content, and must pay any associated service fees. Members must also provide all equipment necessary to connect to the Internet, including a computer and modem or other access device. Be aware that some areas of ParkView may contain adult or mature content without ParkView’s prior knowledge. Members should report any violations of the Privacy Policy and Terms of Service by submitting the ParkView Contact Us form. All Members must be at least 13 years old to create an account and access ParkView.

3. MEMBER REGISTRATION OBLIGATIONS. By using ParkView, Members agree to: (a) provide true, accurate, current, and complete information as prompted by ParkView’s registration form (“Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If any information is found to be untrue, inaccurate, not current, or incomplete, or if ParkView has reasonable grounds to suspect such, ParkView may suspend or terminate the Member’s account and refuse any current or future use of ParkView. ParkView is intended for users at least 13 years old. When creating an account, Members certify that they are at least 13 years old. Members must determine whether the content is appropriate for their own viewing.

4. VALID EMAIL ADDRESS. Members must maintain a valid email address as part of their ParkView membership profile at all times.

5. PRIVACY POLICY. Registration Data and other information about Members are subject to our Privacy Policy. For more details, please review our full Privacy Policy.

6. MEMBER ACCOUNT, PASSWORD, AND SECURITY. Members will receive a password and account designation upon completing ParkView’s registration process. Members are responsible for maintaining the confidentiality of their password and account and are fully responsible for all activities that occur under their password or account. Members agree to (a) immediately notify ParkView of any unauthorized use of their password or account or any other breach of security, and (b) ensure that they exit from their account at the end of each session. ParkView cannot and will not be liable for any loss or damage arising from a Member’s failure to comply with this Section 6.

7. RESTRICTIONS ON USE. A. Members shall use the site for lawful purposes only. Members shall not post or transmit through the site any material that violates or infringes upon the rights of others, is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. Without ParkView’s express prior approval, Members shall not post or transmit any material that contains advertising or solicitation with respect to products or services. Members shall not use the site for any commercial solicitation, including the solicitation of users to become subscribers of other online information services competitive with the site. Any conduct that restricts or inhibits any other user or Member from using or enjoying the site will not be permitted. B. The site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound. The contents are copyrighted under U.S. copyright laws. Members may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works from, or in any way exploit any of the content. Members may download one copy of any copyrighted material for their personal, non-commercial home use only. Except as expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material is permitted without the express written permission of ParkView and the copyright owner. Any permitted copying, redistribution, or publication of copyrighted material must not involve changes in or deletion of author attribution, trademark legend, or copyright notice. Members do not acquire any ownership rights by downloading copyrighted material. C. Members shall not upload, post, or otherwise make available on the site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Members are solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

8. MEMBER CONDUCT. Members understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Members agree not to use ParkView to: A. Impersonate any person or entity, including a ParkView official, forum leader, guide, or host, or falsely state or otherwise misrepresent their affiliation with a person or entity; B. Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; C. Upload, post, email, 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 or hardware or telecommunications equipment; D. Interfere with or disrupt ParkView or servers or networks connected to ParkView, or disobey any requirements, procedures, policies, or regulations of networks connected to ParkView; E. “Stalk” or otherwise harass another person. Members acknowledge that ParkView does not pre-screen Content.

9. PUBLIC VIEWING. Members acknowledge and understand that, in some instances, Webcam Content submitted to ParkView by Members is intended for public viewing. Any person with Internet access may view such Webcam Content.

10. CONTENT POSTED TO PARKVIEW. With respect to Content and Webcam Content that Members elect to post to ParkView, Members grant ParkView the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, promote, and display such Content and Webcam Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

11. NO RESALE OF SERVICE. Members agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of ParkView, use of ParkView, or access to ParkView.

12. GENERAL PRACTICES REGARDING USE AND STORAGE. Members acknowledge that ParkView reserves the right to terminate or move accounts that are inactive for an extended period of time. Members further acknowledge that ParkView reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. ACCEPTABLE USE. Members represent that all Webcam Content published online through ParkView will be original and will not violate the copyright, trademark, trade secret, patent, right of publicity, right of privacy, or other rights of third parties. Members further agree not to publish online through ParkView any Webcam Content that contains words or scenes that are profane, sexually explicit, depict graphic violence, or contain defamatory communications or communications that deride or promote discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation.

14. REMOVAL OF WEBCAM CONTENT. If a Member’s account is terminated, ParkView has the right to delete or remove all associated accounts and Webcam Content from its servers. ParkView may also perform random inspections of Webcam Content, whether public or private, at regular intervals or in response to viewer complaints to ensure compliance with these Terms of Service. ParkView reserves the right to delete any Webcam Content that, in its sole discretion, does not adhere to these terms. Members should report any suspected misuse of ParkView by completing the ParkView Contact Us form.

15. RISK ASSUMPTION AND DISCLAIMER OF WARRANTIES. MEMBERS USE PARKVIEW AND THE INTERNET AT THEIR OWN RISK. PARKVIEW DISCLAIMS ALL WARRANTIES FOR ITS SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PARKVIEW IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY GUARANTEE THAT IT WILL BE AVAILABLE AT ANY SPECIFIC TIME OR LOCATION. THE ENTIRE RISK REGARDING PERFORMANCE AND USE OF PARKVIEW LIES WITH THE MEMBER. THIS DISCLAIMER IS A FUNDAMENTAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. PARKVIEW SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF DATA, OR UNAUTHORIZED ACCESS TO USER TRANSMISSIONS OR DATA. THE MAXIMUM LIABILITY OF PARKVIEW SHALL NOT EXCEED THE AMOUNT PAID BY THE MEMBER FOR THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

**Rewritten Text with Location Change (Sections 16-22):** 16. SERVICE MODIFICATIONS. ParkView reserves the right to modify, move, edit, or discontinue the service, temporarily or permanently, at any time without notice. Members agree that ParkView shall not be liable for any modifications, suspensions, or discontinuations of the service.

17. ACCOUNT TERMINATION. ParkView may, at its sole discretion, terminate a Member’s password, account, or use of the service, and remove any content within the service for any reason, including inactivity or violation of the Terms of Service. ParkView may also discontinue providing the service, or any part thereof, with or without notice. Termination of a Member’s access may occur without prior notice, and ParkView may immediately deactivate or delete the Member’s account and related information. ParkView shall not be liable for any termination of access or deletion of account data.

18. PROPRIETARY RIGHTS OF PARKVIEW. Members acknowledge that ParkView and its software contain proprietary and confidential information protected by intellectual property laws. Content presented through ParkView or advertisements is also protected by these laws. Members agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on ParkView or its software. ParkView grants Members a non-transferable, non-exclusive license to use its software on a single computer, provided they do not copy, modify, reverse engineer, or attempt to discover the source code, or transfer any rights in the software. Members must use the software only through the interface provided by ParkView.

19. INDEMNIFICATION. Members agree to indemnify and hold ParkView, its service providers, affiliates, officers, employees, and agents harmless from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from their use of ParkView.

20. WAIVER OF LIABILITY. Members agree that ParkView, its service providers, affiliates, officers, employees, and agents shall not be liable for any loss of Webcam Content or related data resulting from the suspension or deletion of content, network outages, or any other reasons. Members should maintain backup versions of their Webcam Content.

21. GENERAL TERMS. The Terms of Service constitute the entire agreement between Members and ParkView, superseding any prior agreements. Members may be subject to additional terms when using affiliate services or third-party content. The Terms of Service are governed by the laws of Florida, and any disputes will be resolved in the courts of Florida. Claims related to the use of ParkView must be filed within one year of the occurrence.

22. REPORTING VIOLATIONS. Members should report any violations of the Terms of Service by submitting the ParkView Website www.joinParkView.com Contact Us form or joinparkview@gmail.com.