1. BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
2. BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS SITE WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. SEAWORLD PARKS & ENTERTAINMENT MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. ANY AND ALL INFORMATION CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN THE UNITED STATES.
3. Your Use of the site: SeaWorld Parks & Entertainment® grants you permission to use the Site as follows:
- You must comply with all applicable laws, rules and regulations while using the Site.
- SeaWorld Parks & Entertainment is the copyright owner of this Site and no portion of this Site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without SeaWorld Parks & Entertainment's express written permission, except as provided for herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this Site for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark or other proprietary notices. All uses of any material downloaded from the Site must comply with these Terms and Conditions. Modification or use of the material on this Site for any other purposes violates SeaWorld Parks & Entertainment’s legal rights.
- You are prohibited from using the Site or any content downloaded from the Site in any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane way or in any way that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. SeaWorld Parks & Entertainment will fully cooperate with any law enforcement authorities or any court order requesting or directing SeaWorld Parks & Entertainment to disclose the identity of anyone posting or transmitting any such information or materials
- You are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any representative of SeaWorld Parks & Entertainment, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that we endorse any statement you make.
- You are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purpose any portion of, use of, or access to the Site.
- You are prohibited from using the Site to advertise or promote any brand or product of any kind other than SeaWorld Parks & Entertainment or any of the SeaWorld Parks & Entertainment amusement parks.
- You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site;
- You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies, or regulations of such networks;
- You are prohibited from modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site.
4. Your Use of the Submission Portions of this Site:
This Site has several functions including sections for users to submit personal pictures and videos from their visits to Busch Gardens or commentary about their visit to Busch Gardens ("Submissions"). SeaWorld Parks & Entertainment may post the Submissions on the Site and may allow other users to download the Submissions. SeaWorld Parks & Entertainment grants you permission to use this section of the Site as follows:
- To submit Submissions for review by SeaWorld Parks & Entertainment, you must be at least 21 years of age.
- Sometimes these submissions will be in connection with a contest or challenge ("Contest"). Each Submission in connection with a Contest must comply with the Official Contest Rules applicable to such Contest.
- All submissions become content that is owned by SeaWorld Parks & Entertainment.
- The Submissions may not contain any trademarks or trade dress (such as visible logos on t-shirts) owned by others unless you have written permission from the owner (and, if requested to do so, can produce such written consent in a form and manner acceptable to us.)
- The Submissions may not contain any copyrighted materials owned by others (including photographs, pictures on t-shirts) unless you have written permission from the owner (and, if requested to do so, can produce such written consent in a form and manner acceptable to us).
- The Submissions may not contain materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead.
- If any Submission contains persons other than yourself, you must obtain express written consent to submit the Submission and allow it to be used in the manner contemplated by these Terms and Conditions of use from each and every person depicted in the photograph (and, if requested to do so, can produce such written consent in a form and manner acceptable to us.)
- You represent and warrant for all Submissions that you are the sole and exclusive right owner of the Submissions and you have the full and exclusive right, power, and authority to submit the Submission. If you do not own all of the intellectual property in the Submission (i.e. copyrights, trademarks, rights of publicity), then you represent and warrant that you have written permission from the owner to use the intellectual property in the Submission (and, if requested to do so, can produce such written consent in a form and manner acceptable to us.)
- The Submission may not contain look-alikes of celebrities or other public or private figures, living or dead.
- If your Submission appears to endorse SeaWorld Parks & Entertainment or any of its products or services and/or imply any association with SeaWorld Parks & Entertainment, you consent to such appearance or endorsement and/or association. If a third party appears to endorse, or be associated with SeaWorld Parks & Entertainment or its products or services, you represent and warrant that you have obtained the express written consent of such third party to such endorsement and/or association (and, if requested to do so, can produce such written consent in a form and manner acceptable to us.)
- The Submission may not violate any law.
- For any Submissions, you acknowledge and agree that (a) SeaWorld Parks & Entertainment reserves the right (but has no obligation) to evaluate such Submission before allowing it to be posted on the Site or otherwise stored in connection with the Site; and (b) may do one or all of the following, at its discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted or stored any Submission; (iii) monitor and/or filter any of your communications through the Site or Submissions (including without limitation by means of blocking or replacing expletives, or other language that may be deemed harmful or offensive; and /or (iv) disclose any Submissions or any communication through the Site, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site; to protect SeaWorld Parks & Entertainment and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms and Conditions; or for any other reason or purpose.
- SeaWorld Parks & Entertainment has no control over, and SeaWorld Parks & Entertainment shall have no liability for any damages resulting from, the use (including without limitation the republication) or misuse by any third party of information voluntarily made public through any Submission or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION, YOU DO SO AT YOUR OWN RISK.
- You acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, pLand, charts, or other materials you transmit to SeaWorld Parks & Entertainment in a Submission may be used by SeaWorld Parks & Entertainment anywhere, anytime, and for any reason whatsoever.
We endeavor to advise you via your identified e-mail address whether any of your Submissions have been accepted. We will not advise you as to the reason any of your Submissions have NOT been accepted.
All Submissions become our physical property and will not be returned.
For all submissions, you grant SeaWorld Parks & Entertainment an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exploit the Submissions and any person's property (physical, personal, and indicia) contained therein, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. We reserve all rights including without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, merchandise, license, sublicense, adapt, and stream the Submission in any and all media now or hereafter known, including but not limited to, the Internet and outdoor billboards, throughout the world, related to SeaWorld Parks & Entertainment and any promotions sponsored by us.
You waive any claim of alteration, optical illusion or faulty mechanical or electronic reproduction of any Submission, including without limitation, any claim due to any variation of the color, tone, clarity, cropping, or other appearance of any Submission.
You understand and agree that no confidential or fiduciary relationship is established between You and SeaWorld Parks & Entertainment by providing any Submission.
If you desire that a Submission be removed by SeaWorld Parks & Entertainment, please contact us at email@example.com. Submission uploads and removals shall NOT occur more often than once per day.
6. Copyrights and Other Proprietary Rights: All the content on this Site is copyrighted unless otherwise noted. All the copyrighted content is either owned by SeaWorld Parks & Entertainment or SeaWorld Parks & Entertainment has permission to use the content from its owners. Content includes but is not limited to text, images, audio or video. The content on this Site may not be used by you in any manner, or for any purpose, without SeaWorld Parks & Entertainment’s express written permission and/or the consent of any third party SeaWorld Parks & Entertainment deems necessary, except as provided for herein. Any unauthorized use by you of the content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
7. Trademarks. By entering this Site you acknowledge and agree that any name, logo, trademark, or service mark contained on this Site is owned or licensed by SeaWorld Parks & Entertainment and may not be used by you without prior written approval. SeaWorld Parks & Entertainment will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of SeaWorld Parks & Entertainment or used on this Site with permission. Nothing contained on this Site should be construed as granting by implication, estoppels, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks. Your use of any of these materials is prohibited unless specifically provided for on the Site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
9. Limitation of Liability: By entering this Site, you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, special, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this Site or through your downloading of any materials, data, text, images, video, or audio from this Site, even if we have been advised of the possibility of such damages. Without limiting the foregoing, we assume no responsibility, and will not be liable for any damages relating to or caused by any viruses, bugs, or human action or inaction of any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures, or delays in computer transmissions or network connections on account of your access to or use of the Site. We cannot and do not guarantee continuous, uninterrupted, or secure access to the Site.
10. Release of Liability: You agree to release, discharge, indemnify, and hold harmless SeaWorld Parks & Entertainment from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person from your participation in any of the activities on the Site such as the Contests, and/or Submissions or otherwise accessing this Site, including without limitation, your breach of these Terms and Conditions or the use by us or our designees of any rights granted by you.
11. Warranties: Although the specifications, features, illustrations, equipment and other information contained in this Site are based upon up-to-date information, and while SeaWorld Parks & Entertainment makes all reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed, and SeaWorld Parks & Entertainment makes no warranties or representations as to its accuracy. All content information and materials contained in this Site are provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE ASSUME NO LIABLITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE.
12. Filtering: Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation web site; http://www.netparents.org/oarentships/browsers.html
13. Links to Third Party Sites: Although this Site may be linked to other sites, SeaWorld Parks & Entertainment is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this Site, you acknowledge and agree that SeaWorld Parks & Entertainment has not reviewed all the sites linked to this Site and is not responsible for the content of any off-site pages or any other site linked to this Site. Your linking to any other off-site parties or other sites is at your own risk.
14. Revision of Terms: SeaWorld Parks & Entertainment reserves the right to revise this legal information at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this Site. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms and Conditions.
15. Revision to the Site: We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; limit the Site's availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some and all users of the Site. You agree that SeaWorld Parks & Entertainment will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, in whole or in part, or of any service, content, Submission, feature, or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
16. Termination: You agree that SeaWorld Parks & Entertainment, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation if SeaWorld Parks & Entertainment believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Upon any such termination, your right to use some portions, if not all, of the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that SeaWorld Parks & Entertainment may immediately deactivate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that SeaWorld Parks & Entertainment will not be liable to you or any third party for any termination of your access to the Site or to any such information or files or will not be required to make such information and files available to you after any such termination.
17. Disputes: You agree that (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Site (including without limitation, any alleged violation of these Terms and Conditions, any controversy relating to the arbitrability of any dispute, or any claim that these Terms and Conditions (or any part thereof) are invalid, illegal, or otherwise voidable (or void) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in St. Louis, Missouri under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your participation in this Site or otherwise accessing this Site, but in no event attorneys' fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against the party notwithstanding said failure to appear. In no event shall you seek or be entitled to rescission, injunction, or other equitable relief or to enjoin or restrain the operation of this Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Site or any content or other material used or displayed on this Site. All issues and questions concerning, validity, interpretation, and enforceability of these Terms and Conditions, your rights and obligations, or our rights and obligations in connection with this Site, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Missouri. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THIS ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT.
18. Indemnity: You agree to defend, indemnify, and hold harmless SeaWorld Parks & Entertainment from and against all claims, losses, costs, and expenses (including without limitation attorneys fees) arising out of (a) your use of, access to, or activities in connection with, the Site; (b) any violation of these Terms and Conditions by you or through your account; (c) any allegation that any Submission or posting that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any third party; (d) any claim that one of your Submissions or postings caused damage to a third party; or (e) any claim that content you downloaded from this Site caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site.
19. Information or Complaints: Under California Civil Code 1789.3, California users are entitled to the following rights notice: If you have a question or complaint regarding this Site, please send an e-mail to BGA.GuestInformation@BuschGardens.com. You may also contact us in writing at PO Box 9158, Tampa, FL 33674 or by telephone at 1-888-800-5447.
20. Void Where Prohibited: Although this Site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate, or win prizes, if applicable, in the Contests, sweepstakes, challenges, raffles, surveys, or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
21. General: Any failure by SeaWorld Parks & Entertainment to enforce any of its rights under these Terms and Conditions or applicable laws shall not constitute a waiver of such right. If any provision of these Terms and Conditions is found to be invalid, you and SeaWorld Parks & Entertainment shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms shall retain their full force and effect.
22. Sponsor: SeaWorld Parks & Entertainment, Inc., 9205 South Park Center Loop, Suite 400, Orlando, FL 32819.
23. Effective Date: 11/13/2009