By using the themeparkwatch.com website (“Site”) or any of the services provided by Theme Park Watch (“themeparkwatch", “we”, “us”, or “our”), including but not limited to the hosted platform services of the Theme Park Watch Platform (the “Platform”), or by integrating the Platform through an API provided by themeparkwatch, into websites or applications (“Integrated Platform Services”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). “You”, “your” or “Customer” means the person or legal entity accessing or using the Services. The Site, Integrated Platform Services and any services provided by us at the Site, including the Platform services, as well as any other contracted services provided by themeparkwatch personnel or contractors (such as content posting), may be referred to herein collectively as the “Services.” If you do not wish to be bound by these Terms of Service, please exit the Site now and do not use any of the Services. Your agreement with us regarding compliance with these Terms of Service becomes effective immediately upon commencement of your use of the Site or Services.
We expressly reserve the right to change these Terms of Service from time to time upon reasonable notice to you (including without limitation via electronic notification or notification on the Site). You agree that it is your responsibility to review these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this Site or any Services after notification of such modifications will constitute acknowledgement of the modifications and agreement to abide and be bound by the revised Terms of Service.
Violation of any of the terms below may result in the suspension or termination of your access to the Services without a right to any refund for any payments made.
1. ACCOUNT REQUIREMENTS
1.1 To register for the Services, you must be 18 years or older, you must provide the information requested (which may include such items as full name, a valid email address and other information) (the “Registration Data”), and you must be a human. The Services are not intended for, or offered to, users under the age of 18.
1.2 You agree not to use any User Account, username or password of another user at any time or to do anything else that might jeopardize the security of your or another user’s User Account, the Site, the Services, or the Platform. You agree to notify us immediately of any unauthorized use of any User Account of which you become aware. If we have reasonable grounds to suspect violation of these Terms of Service or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your access to the Services without refund (if applicable). We are not responsible for any loss or damage to you that may be incurred as a result such a termination, or any unauthorized access and/or use of your User Account.
1.3 You will be responsible for maintaining the security of all credentials that you use to access the Services, including your User Account name and passwords.
2. DESCRIPTION OF OUR SERVICES
2.1 General. We reserve the sole right to either modify or discontinue the Services available at any time, including by modifying our subscription plans with or without notice to you; however, we will use reasonable efforts to provide you with advance notice if any of the changes, in our sole judgement, materially or adversely affect your use of the Services. We do not guarantee that a specific subscription plan or rate will always be available outside of the term of a Subscription Agreement.
2.2 Subscription Agreement (If used). We may require that you enter into a valid separate agreement that incorporates these Terms of Service (“Subscription Agreement”) whereby you agree to pay us the applicable fee (“Subscription Fee”), until the expiration of the agreed upon term (“Subscription Term”) or termination of your subscription in a manner agreed upon with us. While these Terms of Service shall govern your use of the Platform, and your relationship with themeparkwatch, any provision of the Subscription Agreement shall take precedence over these Terms of Service during the Subscription Term with respect to the subject matter(s) set forth in the Subscription Agreement.
3. CANCELLATION AND TERMINATION
3.1 Upon account cancellation, any and all data you have provided the Services may be immediately deleted, and may not be recovered once your account is cancelled. We do not accept any liability for loss of any such data due to cancellation of your account.
4. CONTENT RIGHTS
4.1 Customer Feedback. You may from time to time provide suggestions, comments, potential improvements or other feedback to themeparkwatch with respect to the Services (“Feedback”). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for themeparkwatch notwithstanding anything else. You shall, and hereby do, grant to themeparkwatch a non-exclusive, worldwide, perpetual, irrevocable, transferable, royalty-free license to use and exploit the Feedback for any purpose.
4.2 Customer Content. Any intellectual property rights that you have with respect to any content you store on our Services, submit through our Services or which you may deliver to us for use in connection with the Services (collectively “Customer Content”) remains yours. You grant us a non-exclusive, world-wide, fully-paid up, transferable, limited license to access, copy, modify, use, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, publicly display and publicly perform such Customer Content to the extent needed to provide our Services to you, as well as for themeparkwatch internal business use, including, but not limited to, running analytics and diagnostics on the Platform, and modifying, improving or operating the Platform. The license you grant us is non-exclusive (meaning you are free to license your Customer Content to anyone else in addition to themeparkwatch), fully-paid and royalty-free (meaning that we are not required to pay you for use on the Services), transferable (so that we are able to use our affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach). You are solely responsible for the Customer Content that you upload, publish, display, link to, or otherwise make available via the Services, and you agree that themeparkwatch is only acting as a passive conduit for the online distribution and publication of the Customer Content. Notwithstanding the foregoing, themeparkwatch retains the authority to remove any Customer Content uploaded that it deems or suspects is in violation of these Terms of Use, third party rights or applicable laws, at its sole discretion.
4.3 Platform Content. The Platform allows for information, including links, posts, and excerpts that have been made publicly available and obtained by themeparkwatch on your behalf from the Internet, including through RSS Feeds and data derived therefrom, including text, images, videos, metrics, reports, summaries, graphs, and charts (“External Content”), as well as content curated by themeparkwatch, including images (“Library Content”), (collectively “Platform Content”). You are solely responsible for the External Content that you upload, publish, display, link to, or otherwise use or make available via the Services or otherwise, and you agree that themeparkwatch is only acting as a passive conduit for the online distribution and publication of the External Content. While themeparkwatch has taken reasonable care to ensure that use of the Library Content is permissible as provided for by the Services, if you chose to publish, display, link to, or otherwise make available via the Services any Library Content, you do so at your own risk.
5. ACCEPTABLE USE
5.1 You agree and acknowledge that the Site and its content search capabilities make content available to you for information purposes only. You will not use any such content in a manner that is unlawful or otherwise violates these Terms of Service or those of any third party site from which the content was retrieved or to which your content will be displayed, and all other applicable laws and regulations.
5.2 By posting Customer Content or Platform Content through the Services, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that:
(i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(ii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(iii) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(iv) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(v) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(vi) impersonates any person or entity, including any of its employees or representatives.
5.3 We and our agents have the right in our sole discretion to remove any Customer Content or Platform Content that, in our judgment, does not comply with these Terms of Service or any other rules of user conduct for the Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal.
5.4 Your use of the Services is subject to all applicable laws and regulations and you are solely responsible to ensure that your use of the Services is in compliance therewith. Your use of the Services is at your sole risk and is provided on an “AS IS” and “AS AVAILABLE” basis. You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services or themeparkwatch. You will not to reproduce, duplicate, copy, sell, resell or exploit, any portion of the Services, use of the Services, or access to the Service without the express written permission by themeparkwatch. You may not overwhelm the Site or Services by using significantly more bandwidth than other customers, as determined by us at our sole discretion, nor degrade the reliability, speed, or operation of the Site, Services or any underlying hardware or software thereof. The Services may not be used in connection with promoting anything, which in themeparkwatch's sole discretion is, harmful, hateful, obscene, or unlawful. You must not use the Site or Services to transmit any worms, viruses or any code of a destructive nature.
5.5 You will not, and will not permit any third party to: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Platform or any software, documentation or data related to the Platform (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law); modify, translate, or create derivative works based on the Platform; use the Platform other than for your internal benefit; use the Platform other than in accordance with these Terms of Service or any other written agreement with respect to the subject matter hereof or in compliance with all applicable laws and regulations, including but not limited to any privacy laws, and laws or regulations concerning intellectual property, consumer and child protection, obscenity or defamation.
5.6 No Backup Responsibility. We are not required to keep back-up copies of any data on the Site once your access to the Services is suspended or terminated in any way. We make no guarantee that any data provided will be safely stored. To be safe, you should independently back-up your data, to the extent permitted herein and by applicable laws and regulations. You acknowledge that we may terminate any User Account in accordance with these Terms of Service.
6. INFRINGING USER CONTENT
6.1 The posting of infringing content shall be deemed a breach of these Terms of Service. themeparkwatch may terminate your access to the Services if it is discovered that you have caused content to be displayed through the Services that violates the intellectual property rights of others.
7. CO-REGISTRATION RIGHTS TO USER INFORMATION
7.1 Many of the Services allow you to gather information from and about users who interact with the Services (e.g., when they are displayed on your Theme Park Watch profile). If you choose to gather information from your users through the Services, you understand and agree that the such information captured through the Services will be delivered to us via the Services and may be used by us subject to our Privacy Policy.
8. PLATFORM & SOFTWARE RIGHTS
8.1 Theme Park Watch Services. As between you and themeparkwatch, themeparkwatch retains all right, title, and interest in and to the Services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of themeparkwatch rights or interests therein or any other themeparkwatch intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to the Services not expressly granted in this herein are reserved by themeparkwatch. The software that runs the Services and look and feel of the Services is a copyright © 2021 of Theme Park Watch. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from themeparkwatch.
9. DISCLAIMER OF WARRANTIES
9.1 ALL MATERIALS, CONTENT, THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
9.2 THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
9.3 THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
9.4 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATIONS OF LIABILITY
10.1 You expressly understand and agree that themeparkwatch shall not be liable for any indirect, punitive, 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 themeparkwatch has been advised of the possibility of such damages), resulting from any cause, including: (i) the use or the inability to use the Service; (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 Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
10.2 SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNIFICATION
11.1 You agree to defend, indemnify, and hold Theme Park Watch and our affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Site, Platform and Services, as well as any use or misuse of the same by third parties if you offer the Services to third parties, whether via the Integrated Platform Services or a Reseller Arrangement or otherwise. Your obligation to indemnify shall include any claims that are in connection with or arising out of a claim (a) alleging that the Customer Content or Derivative Works infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates applicable law; or (b) relating to, or arising from, Customer Content or your breach of the Acceptable Use section. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. CONSENT TO ELECTRONIC NOTICE
12.1 By using the Site, the Platform or the Services, you agree that themeparkwatch may communicate with you electronically regarding administrative, security and other issues relating to your use of the Site, Platform and Services. You agree that any notices, agreements, disclosures or other communications that themeparkwatch sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.
13. MISCELLANEOUS
13.1 The failure of themeparkwatch to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, coupled with any legally executed pricing terms and modifications, constitutes the entire agreement between you and themeparkwatch and govern your use of the Service, which supersedes any prior agreements between you and themeparkwatch.
13.2 You understand that themeparkwatch uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services and themeparkwatch is not responsible for the shortcomings of any such third parties.
13.3 Written notices required under these Terms of Service should be sent via email to support@themeparkwatch.com
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