Updated May 7th, 2021
Table of Contents:
Use and Restrictions Content and Materials
Links to Other Sites Permitted Uses Prohibited Uses
Warranties, Disclaimers and Limitations of Liability Your Warranties
Disclaimer of Warranties Limitation of Remedies
Applicable Law and Jurisdiction Interpretation
Term and Termination
The Sites offer a range of services and products to make it easier to enjoy our amusement park and ski area and to make your experience at our park more fulfilling (collectively and as hereinafter described, the “Services”). For example, the Services allow you to (i) purchase tickets to our amusement park and ski area; (ii) buy merchandise related to our amusement park and ski area, like apparel; (iii) find links to information regarding our park on social networking sites; (iv) sign up for and receive electronic newsletters; (v) access media and promotions related to our products.
Use and Restrictions
- Content and Materials
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Sites (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair
Certain features of the Services allow you to upload, post, publish, share, store, or manage (a) data, opinions, feedback, recommendations, or advice, or (b) visual content, such as photos and videos (“Materials”). By posting or publishing Materials, you represent and warrant to us that you have all necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide,
- Links to Other Sites
The Site and Services contain links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to any Site. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- Permitted Uses
- Prohibited Uses
You may not use the Sites or Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment. We reserve the right to take preventive or corrective actions to protect ourselves and our users. Your use of the Sites and Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Sites and Services and being responsible for damages caused by your noncompliance. In addition to the foregoing, while using the Sites and Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation othersâ€™ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another users account without permission, or solicit another users login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any Site or Services; (f) “frame” or “mirror” any portion of any Site or Services; (g) use any robot, spider, site
search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of any Site or Services; (h) harvest or collect information about or from other users of the Sites or Services; (i) use any Site or Services for any illegal activity;
(j) probe, scan or test the vulnerability of any Site, nor breach the security or authentication measures on any Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that: is hateful, threatening or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company;
(o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.
The Services available through the Sites may not be available in your country. We make no representation that the Services or products offered in any Site are appropriate or available for use in any particular location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Sites and/or viewing or use of any Material or Content therein or Services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Sites and must exit immediately. Your viewing and/or use of any Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Sites and the Company and its affiliates and their respective managing members, officers, directors, employees and third party suppliers (collectively, the “Company Parties”) may rely upon such representation.
Warranties, Disclaimers, Limitations of Liability, and Refund Policy
- Your Warranties
You represent and warrant to the Company that (a) all information (including your Account Information) that you provide to us is accurate and truthful, (b) you have the
- Disclaimer of Warranties
ALTHOUGH THE COMPANY MAKES EFFORTS TO PROVIDE ACCURATE SITES, THE SITES, SERVICES, CONTENT AND ALL PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. THE COMPANY PARTIES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITES, SERVICES AND CONTENT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE SITES, SERVICES AND CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY, AND (5) THAT ACCESS TO OR USE OF THE SITES, SERVICES OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON ANY SITE, SERVICES AND/OR CONTENT IS AT YOUR OWN RISK AND THE COMPANY MAKES NO WARRANTIES.
THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES, THEIR RESPECTIVE CONTENT, THE SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. THE COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF THE IDEAS, INFORMATION, GUIDELINES OR INSTRUCTIONS ACCESSED THROUGH THE SITE OR SERVICES.
Your reliance upon the information available on the Sites or located through utilization of the Services and your interactions with third parties identified through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other users of the Services or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person(s) or entity(s) use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Sites or Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to any Site, Services and Content, or any portion thereof; (2) to modify or change the Sites, Services and Content, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of any Site, provision of Services and availability of Content, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- Limitation of Remedies
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, SERVICES OR CONTENTS, WITH THE DELAY OR INABILITY TO ACCESS OR USE ANY SITE, SERVICES OR CONTENT, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH ANY SITE OR ITS CONTENTS, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF ANY SITE OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF ANY SITE, AND ALL OTHER USE OF THE SITES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THERE FROM. UNDER NO CIRCUMSTANCES SHALL THE COMPANY PARTIES BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, SERVICES OR ANY OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, SERVICES OR CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITES AND SERVICES.
- Refund Policy
All eCommerce / Online Sales including but not limited to tickets, passes, apparel, and merchandise are final and not subject to any refunds.
Applicable Law and Jurisdiction
Notices to us must be sent in writing to the following address: 1001 Parkway, Suite 2 Gatlinburg, TN 37738 & email@example.com, and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The Services, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the
Term and Termination