Terms of Service for Ultimate Waterpark.com
Ultimate Waterpark.com provides its site to you, subject to the following "Terms of Service", which may be updated without notice to you. You may review the most current version of our "Terms of Service" at any time at:
http://www.ultimatewaterpark.com/tos.php
In addition, when using the Ultimate Waterpark.com site(s), you shall be subject to any posted guidelines or rules applicable to such sites which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the "Terms of Service".
By accessing the content on this Web server and domain you accept and agree to be bound without limitation or qualification, by these terms stated in this policy.
Description of Site
Ultimate Waterpark.com provides users with access to content, resources, features, tools, forums and shopping sites through its Web site. You understand and agree that the site may include advertisements. Unless stated explicitly any new content, features or tools shall be subject to the "Terms of Service". You understand and agree that the Web site is provided "AS-IS" and that Ultimate Waterpark.com, its owner(s), employees(s), agents(s), partner(s) and affiliate(s) assume no responsibility for the inaccuracy, presentation, completeness, deletion, or the content or for the delivery or failure to store information or settings for individual users.
Privacy Policy
Member registration information, data and other information about you is subject to our Privacy Policy. For more information see our Privacy Policy at:
http://www.ultimatewaterpark.com/privacy.php
MEMBER REGISTRATION OBLIGATIONS
By completing the registration process, you represent that you are at least 13 years old. You also agree to provide true, accurate, current and complete information about yourself as prompted by the applicable form and maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Ultimate Waterpark.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Ultimate Waterpark.com has the right to suspend or terminate your account and refuse any and all current or future use of the sites, features or content (or any portion thereof).
Ultimate Waterpark.com is concerned about the safety and privacy of all users, especially children. As a result of this and the Child Online Privacy Protection Act (COPPA) we cannot and will not accept member registrations from children under the age of 13. Further, we will not knowingly collect personal information of anyone under the age of 13 years.
Member Account, Password and Security
You will receive a password protected, User ID account upon completing the member registration process. You agree to (i) maintain the confidentiality of your password, (ii) take full responsibility for all activities by users accessing the site or the sites through your account, (iii) immediately notify Ultimate Waterpark.com of any unauthorized use of your or any other breach of security that you become aware of, and (iv) ensure that you exit from your at the end of each session. Ultimate Waterpark.com is not responsible for any loss or damage arising from your failure to comply with these requirements.
Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and Ultimate Waterpark.com, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the site. Ultimate Waterpark.com does not control the Content posted via the site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the site, you may be exposed to Content that is offensive, indecent or objectionable. Under circumstances will Ultimate Waterpark.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the site.
You agree to not use the site to:
(a) upload, post, e-mail or otherwise make available 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;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, an Ultimate Waterpark.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the site;
(e) upload, post, e-mail or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, e-mail or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g) upload, post, e-mail or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, e-mail or otherwise make available 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;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of sites, servers or networks connected to the site;
(k) intentionally or unintentionally violate any applicable local, state, national or international law;
(l) "stalk" or otherwise harass another; or (13) collect or store personal data about other users.
You acknowledge that Ultimate Waterpark.com does not pre-screen Content, but that Ultimate Waterpark.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the site. Without limiting the foregoing, Ultimate Waterpark.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Ultimate Waterpark.com or submitted to Ultimate Waterpark.com, including without limitation information in Ultimate Waterpark.com Forums, Message Boards, User Profiles and in all other parts of the site.
You acknowledge and agree that Ultimate Waterpark.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Ultimate Waterpark.com, its users and the public.
You understand that the technical processing and transmission of the site, including your Content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices.
INTERNATIONAL USAGE
Recognizing the nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SITE
Ultimate Waterpark.com does not claim ownership of Content you submit or make available for inclusion on the site, with the exception of content posted on our Message Boards.
All content and material posted on our Message Boards becomes the property of Ultimate Waterpark.com and may not be duplicated, copied, mirrored or reproduced in any form or manner without prior written consent.
However, with respect to all Content you submit or make available for inclusion on publicly accessible areas of the site, you grant Ultimate Waterpark.com the following world-wide, royalty free and non-exclusive license(s).
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the site solely for the purpose for which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include such Content on the site and will terminate at the time you remove or Ultimate Waterpark.com removes such Content from the service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the site, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Ultimate Waterpark.com site are those areas that are intended by Ultimate Waterpark.com to be available to the general public. By way of example, publicly accessible areas of the site would include Ultimate Waterpark.com Discussion Forums and Ultimate Waterpark.com User Profiles that are open to both members and visitors. However, publicly accessible areas of the site would not include Ultimate Waterpark.com Member Features that are limited to members, or areas off of the Ultimate Waterpark.com such as portions of World Wide Web sites that are accessible through Ultimate Waterpark.com.
Regarding Use and Storage
You acknowledge that Ultimate Waterpark.com may establish general practices and limits concerning use of the site, including without limitation the maximum number of days that message board Content or other uploaded Content will be retained by the site, the maximum disk space that will be allotted on Ultimate Waterpark.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the site in a given period of time.
You agree that Ultimate Waterpark.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the site. You acknowledge that Ultimate Waterpark.com reserves the right to remove accounts that are inactive for an extended period of time. You further acknowledge that Ultimate Waterpark.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Indemnity
You agree to indemnify and hold Ultimate Waterpark.com, and its owners, subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the site, your use of the site, your connection to the site, your violation of the "Terms of Service", or your violation of any rights of another.
NO RESALE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Ultimate Waterpark.com site, use of the Ultimate Waterpark.com site, or access to the Ultimate Waterpark.com site.
CHANGES TO SITE AND SERVICE
Ultimate Waterpark.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or service (or any part thereof) with or without notice. You agree that Ultimate Waterpark.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site and service provided.
TERMINATION
You agree that Ultimate Waterpark.com, in its sole discretion, may terminate your password, member account (or any part thereof) or use of the site, and remove and discard any Content within the site, for any reason, including, without limitation, for lack of use or if Ultimate Waterpark.com believes that you have violated or acted inconsistently with the letter or spirit of the "Terms of Service". Ultimate Waterpark.com may also in its sole discretion and at any time discontinue providing the site, or any part thereof, with or without notice. You agree that any termination of your access to the site under any provision of this "Terms of Service" may be effected without prior notice, and acknowledge and agree that Ultimate Waterpark.com may immediately deactivate or delete your member account and all related information and files in your account and/or bar any further access to such files or the site. Further, you agree that Ultimate Waterpark.com shall not be liable to you or any third-party for any termination of your access to the site.
ADVERTISER, AFFILIATE AND THIRD PARTY RELATIONSHIPS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Ultimate Waterpark.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.
HYPERLINKS
The Ultimate Waterpark.com site and service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Ultimate Waterpark.com has no control over such sites and resources, you acknowledge and agree that Ultimate Waterpark.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ultimate Waterpark.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
PROPRIETARY RIGHTS
You acknowledge and agree that the site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Ultimate Waterpark.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the site, in whole or in part.
Ultimate Waterpark.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, 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 site or code. You agree not to modify the site or code in any manner or form, or to use modified versions of the site or code, including (without limitation) for the purpose of obtaining unauthorized access to the site. You agree not to access the site by any means other than through the interface that is provided by Ultimate Waterpark.com for use in accessing the site.
DISCLAIMER OF WARRANTIES
THE ULTIMATE WATERPARK.COM SITE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK ULTIMATE WATERPARK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, ULTIMATE WATERPARK.COM MAKES NO WARRANTY THAT THE ULTIMATE WATERPARK.COM SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE ULTIMATE WATERPARK.COM SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE ULTIMATE WATERPARK.COM SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ULTIMATE WATERPARK.COM SITE IS DONE AT YOUR SOLE 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.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM ULTIMATE WATERPARK.COM PERSONNEL OR THROUGH THE ULTIMATE WATERPARK.COM SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ULTIMATE WATERPARK.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ULTIMATE WATERPARK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ULTIMATE WATERPARK.COM SERVICE AND/OR PARTICIPATE IN ANY SWEEPSTAKES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ULTIMATE WATERPARK.COM SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ULTIMATE WATERPARK.COM SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE ULTIMATE WATERPARK.COM SERVICE OR OPERATION OF THE ULTIMATE WATERPARK.COM SWEEPSTAKES. IN NO EVENT SHALL ULTIMATE WATERPARK.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
EXCLUSIONS AND LIMITATIONS
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 MAY NOT APPLY TO YOU.
NOTICES
Notices to you may be made via either e-mail or regular mail. The site may also provide notices of changes to the "Terms of Service" or other matters by displaying notices or links to notices to you generally on the site.
TRADEMARKS
Ultimate Waterpark.com, Ultimate Waterpark, ultimatewaterpark.com, logo, trademarks and service marks and other Ultimate Waterpark.com logos, products and service names are trademarks of Ultimate Rollercoaster, LLC. Without prior permission from Ultimate Rollercoaster, LLC, you agree not to display or use in any manner the Ultimate Waterpark.com marks.
COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENTS
Ultimate Waterpark.com respects the intellectual property rights of others. If you believe your work has been used on this Web site in a way that constitutes a copyright infringement, please contact us at once to report the violation. All copyright infringement claims should be made in writing and directed to our copyright agent through e-mail and/or fax.
Ultimate Waterpark.com's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent: Eric Gieszl
Mailing Address:
Ultimate Rollercoaster, LLC
200 Congress Ave #24B
Austin, TX 78701
E-mail: Contact Us
Each claim must include the following information for our investigation:
1. Identification or a list of the copyrighted material claimed to have been infringed.
2. A physical or electronic signature of the person authorized to act on behalf of the owner of the material that is allegedly infringed.
3. Identification or information about the infringing material so that it may be removed from the Ultimate Waterpark.com Web site.
4. Information on how to contact the individual filing the complaint including name, address, phone number and if possibly, an e-mail address.
5. A statement from the individual claiming that in good faith belief that the use of the material in the manner stated is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the complaint is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the material that is allegedly infringed.
All intellectual property right violations will be treated seriously and investigated promoptly.
DISPUTES
If there is any dispute about or involving the site, by using the site, you agree that the dispute will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas, City of Austin and County of Travis. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or the "Terms of Service" must be filed within one (1) year after such claim or cause of action arose or be forever barred.
"TERMS OF SERVICE" INFORMATION
The "Terms of Service" as posted here constitute the entire agreement between you and Ultimate Waterpark.com and govern your use of the site, superceding any prior agreements between you and Ultimate Waterpark.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The "Terms of Service" and the relationship between you and Ultimate Waterpark.com shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Ultimate Waterpark.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Travis, Texas. The failure of Ultimate Waterpark.com to exercise or enforce any right or provision of the "Terms of Service" shall not constitute a waiver of such right or provision. If any provision of the "Terms of Service" is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the "Terms of Service" remain in full force and effect.
Questions or Report Violations
Please Contact Us for answers to questions regarding this policy and to report violations of the "Terms of Service".
Last updated: March 7, 2012
