Last Modified: March 2018

Acceptance of the Terms of Use

Welcome to the Cleveland Metroparks Open Drone Map Forum Website (the “Website”). This Website is operated on behalf of Cleveland Metroparks (“Cleveland Metroparks,” or “We”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://community.opendronemap.org, including any content, functionality, and services offered on or through https://community.opendronemap.org.

Please read the Terms of Use carefully before you start to use the Website. These Terms of Use were last modified as of the date set forth above. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

This Website is offered and available to users who are at least 13 years of age or older. By using this Website, you represent and warrant that you are at least 13 years old. If you are not, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in “Governing Law and Jurisdiction” below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly, so you are aware of any changes, as they are binding on you.

Purpose

Cleveland Metroparks conserves significant natural resources and enhances people’s lives by integrating high-quality outdoor education, recreation and zoological opportunities into people’s lives. It aims to conserve natural resources both within its local region and globally, to foster awareness, appreciation, and understanding of natural resources so that all people become better stewards of the environment, and provide recreation activities that connect people to nature and promote community health and well-being. From time to time, we may host websites, electronic forums or discussions to further this mission.

Consistent with Cleveland Metroparks’ mission, the Website exists to foster a community around the use and development of OpenDroneMap and affiliated software. Metroparks will moderate discussion to ensure discussion is positive, safe, and beneficial to the community. Metroparks will not host or process other user’s data.

You are limited to use of the Website for the purpose of OpenDroneMap discussion. The Website is not to be used to discuss unrelated topics.

Accessing the Website and Account Security

We reserve the right to cease operation of or modify this Website and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is terminated or unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website or the entire Website.

To use this Website, you must register for an account with a valid email address. You will then select a username and password (“Access Credentials”). You may only use these Access Credentials for your own, lawful use of the Website and may not share them with others or allow anyone else to use your Access Credentials. You are solely responsible for any use of your Access Credentials.
You are responsible for:

  • Making all arrangements necessary for you to have access to the Website
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them

In the event of a breach of your account or Access Credentials, you agree to notify us immediately of any unauthorized use and to comply with our reasonable instructions. Cleveland Metroparks will not be liable for any loss or damage arising from your refusal or failure to comply with this section of the Terms of Use.

You may be offered the opportunity to provide certain information through the Website. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to this Website or otherwise including, without limitation, through the use of any interactive features on the Website, is governed by our Terms of Use, and you consent to all actions we take with respect to your information consistent with our Terms of Use.

Trademarks

Cleveland Metroparks’ name and Cleveland Metroparks’ logos and all related names, logos, product and service names, designs, and slogans are trademarks of the Metroparks or its affiliates or licensors. You must not use such marks without the prior written permission of Metroparks. All registered and unregistered trademarks, including other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation or professional rules or standards (including, without limitation, any laws relating to employment or regarding the export of data or software to and from the U.S. or other countries);
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam,” or any other similar solicitation;
  • To impersonate or attempt to impersonate Cleveland Metroparks, a Cleveland Metroparks employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which, as determined by us, may harm Cleveland Metroparks or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Website;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Otherwise attempt to interfere with the proper working of the Website.

Cleveland Metroparks reserves the right to deactivate your credentials and otherwise remove you from using the Website for failure to abide by the terms of this Agreement.

Reliance on Information Posted

The information presented on or through the Website is made available solely to permit the free flow of ideas and information relating to the OpenDroneMap and affiliated software. We do not warrant the accuracy, completeness, or usefulness of any information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Cleveland Metroparks serves only as the moderator of this Website. We disclaim any responsibility to respond to any comment or question.

This Website may include content provided by third parties. All statements expressed in these materials and all articles and responses to questions and other content, other than the content provided by Cleveland Metroparks, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Cleveland Metroparks. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Website

You may link to the Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you
  • Cause the Website or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other website
  • Link to any part of the Website other than the homepage
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable any links at any time without notice at our discretion.

Linking from the Website

The Website may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for, and the policies (including privacy policies) of, such websites.

Geographic Restrictions

This Website is operated in and designed for use by residents of the United States. We make no claims that the Website or any of its content is accessible or appropriate in any particular country or jurisdiction. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of its country or countries of operation, you do so on your own initiative and are responsible for compliance with local laws.

Public Records/Privacy Policy

As set forth more fully in Cleveland Metroparks’ Privacy Policy, available here, Cleveland Metroparks’ documents and records may be considered public records.

You acknowledge that you have read Cleveland Metroparks’ Privacy Policy and agree to the terms set forth therein.

Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ANY CONTENT, FILES OR OTHER DATA AVAILABLE FOR ACCESS OR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND MECHANISMS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES ACCESSED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES ACCESSED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CLEVELAND METROPARKS NOR ANY PERSON ASSOCIATED WITH CLEVELAND METROPARKS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CLEVELAND METROPARKS NOR ANYONE ASSOCIATED WITH CLEVELAND METROPARKS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

CLEVELAND METROPARKS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL CLEVELAND METROPARKS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Cleveland Metroparks, its affiliates, licensors, and service providers, and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be commenced and prosecuted only in the federal or state courts located within Cuyahoga County, Ohio and you consent to the exercise of personal jurisdiction by, and exclusive venue in, such courts, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

Waiver and Severability

No waiver by Cleveland Metroparks of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cleveland Metroparks to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitutes the sole and entire agreement between you and the Cleveland Metroparks with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.