1. Your Acceptance
Welcome to the Terms of Service for the Water Park Destination Guide website. This is an agreement (“Agreement”) between Water Park Destination Guide, Inc (“Water Park Destination Guide”), the owner and operator of watershedactivities.com (the “Site”), and you (“you” or “your” or “user(s)”), a user of the Site.
Throughout this document, the words “Water Park Destination Guide,” “us,” “we,” and “our,” refer to our company, Water Park Destination Guide, Inc and our website, watershedactivities.com Your ability to submit or transmit any information through our Site or Service will be referred to as “Content” throughout this Agreement.
2. Water Park Destination Guide Description of Service
Water Park Destination Guide is a vacation planning site. We offer a large database of attractions that users may find interesting and exciting.
3. Disclaimer and Information Accuracy
Our Site is to be used for general planning purposes. Although we strive to provide the most accurate information possible, we cannot guarantee that any use of our Site will result in any desired results for you. We cannot guarantee that all locations are accurate on our maps. In some instances we may use third party data such as Google Maps, although their data is generally accurate, errors may occur. Please do not rely on our Site at the risk of your safety or the safety of others.
4. Posting of Content on Water Park Destination Guide
Any Content submitted by you will be owned by you. However, by submitting any Content to our Site and Service, you hereby represent and warrant that you own all rights to your Content or, alternatively, that you have the right to give us the license described in Section 5. You also promise that you have paid and will pay in full all fees or other payments related to the use of your Content. Finally, you promise that your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Water Park Destination Guide with respect thereto, and agree to indemnify and hold Water Park Destination Guide, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5. Your License Grant to Us For Your Content
When you submit any Content to us, you grant Water Park Destination Guide and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your post and anything we may make with your post through Water Park Destination Guide or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your Content, and to use your Content to advertise and promote Water Park Destination Guide.
If you reside in the EU or other countries that recognize unalienable moral rights, you grant us the broadest license that is legally allowed under the applicable law.
6. Our License Grant to You
We grant you a non-commercial personal, non-exclusive, revocable, limited license to use our Site. You acknowledge that we maintain all right, title, and interest in our Site. This means you cannot sell our content anywhere else, share your license to use our Site with anyone else, reverse engineer or otherwise attempt to copy our Site, or try and make money off of it without our express written permission. Even if we offer our Site for free, you must still abide by these provisions, you must not copy or otherwise use our Site in a manner prohibited by this section.
This license may be terminated if you violate any provisions listed in this Agreement.
7 .Public Access and Display
By submitting any Content to our Site you understand that this Content may be viewable by the public. You agree that you are solely responsible for any Content or information posted. Therefore, it is recommended that any Content you store or submit to our Site be tasteful and up to community standards.
8. Use of Water Park Destination Guide
When using our Site, you are responsible for your use of Water Park Destination Guide, and for any use of Water Park Destination Guide made using your device. You also agree that your use of Water Park Destination Guide is for personal non-commercial use. You agree not to access, copy, or otherwise use Water Park Destination Guide, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Water Park Destination Guide. You agree not to use Water Park Destination Guide to:
- You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to Water Park Destination Guide servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Water Park Destination Guide grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not upload invalid data, viruses, worms or other software agents through the Site;
- You will not collect or harvest any personally identifiable information, including account names, from the Site;
- You will not use the Site for any commercial solicitation purposes;
- You will not access the Site through any technology or means other than those provided or authorized by the Site;
- You agree to act within the bounds of common decency when using our Site;
- You agree not to stalk, harass, bully or harm another individual;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree to use our App only in a safe manner and in compliance with all traffic laws;
- You agree that you will not hold Water Park Destination Guide responsible for your use of our Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Water Park Destination Guide;
- You agree not to interfere with or disrupt the Site;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate Content;
- You agree to not violate any law or regulation and you are responsible for such violations;
- You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
- You will not upload any Content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Water Park Destination Guide reserves the right to suspend or terminate any account at any time without notice or explanation.
9. Site Availability
We do not guarantee that the Site will always be available, work, or be accessible at any particular time via any app store or marketplace. Only users who are eligible to use our Site may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the Sitewill work as advertised, or that it will give you the desired results.
10. Compliance With All Laws and Regulations
Water Park Destination Guide is not responsible for your violation of any laws while using our Sit. Users must comply with all local, state, or federal laws regarding your use of our Site.
11. Intellectual Property Rights
The design of the Water Park Destination Guide Service along with Water Park Destination Guide created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Water Park Destination Guide, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Water Park Destination Guide reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
12. Representations and Warranties
OUR SITE OR SERVICE ARE OFFERED “AS-IS”, INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR APP OR SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR SITE, APP, OR SERVICE MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SERVICE, SATISFACTORY QUALITY OF OUR SERVICE, MERCHANTABILITY OF OUR SERVICE OR THAT OUR SERVICE IS NON-INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITE OR SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED, OR THAT THE SITE OR SERVICE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. Water Park Destination Guide IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR SITE AND SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE OR SERVICE. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCTS PURCHASED THROUGH OUR SITE AND SERVICE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT.
13. Limitation of Liability
IN NO EVENT SHALL Water Park Destination Guide, Inc, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SOFTWARE, APP, WEBSITE OR OUR SERVICES ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, APP, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless Water Park Destination Guide, LLC its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the Water Park Destination Guide Site and Service;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that any of your Content caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Water Park Destination Guide Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
15. Freedom of Speech
At Water Park Destination Guide we allow users to create Content which is user-generated and respect the fundamental right to speak freely. However, this is an online community so please be respectful and reasonable while communicating with others. Since third parties independently upload their Content to our Service, we are not liable for any defamatory Content posted on our website if published by a third party. Although we may choose to edit or delete any clearly defamatory or illegal Content, we are not required to, and we reserve all defenses for such speech made available to us by Directive 2000/31/EC or Section 230 of the Communications Decency Act, applicable statutes, the common law and any laws within the European Union or the US Constitution.
16. Copyright Notices
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent, email@example.com. Although, the EU does not have a formalized copyright notification procedure, please use the procedure set forth above if you are a resident of the EU.
17. COPPA Compliance
Water Park Destination Guide and its Services may only be used by persons 13 years and older. If you are under 13 please stop using our Site and App and please do not submit any information to us.
18. Choice of Law
This Agreement shall be governed by the laws in force in the state of Texas. The offer and acceptance of this contract is deemed to have occurred in the state of Texas.
19. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Houston, TX.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Water Park Destination Guide shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Termination and Cancellation
We may terminate or suspend service or your account, without notice, though we will strive to provide a timely explanation in most cases. Although, your Content may not be accessible we may keep such Content for a reasonably commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
26. Electronic Communications
The communications between you and Water Park Destination Guide use electronic means, whether you visit the Site or send Water Park Destination Guide e-mails, or whether Water Park Destination Guide posts notices on the Site or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Water Park Destination Guide in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Water Park Destination Guide provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
27. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Water Park Destination Guide must be addressed to our agent for notice and sent via certified mail to: Agent of Water Park Destination Guide, 1300 Post Oak Blvd Houston, TX.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: 5/12/2013
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