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Welcome to our Website. This Website is best
viewed using a contemporary browser with the
Macromedia
Flash plug-in installed.
Your use of and access to the Website and the
Services provided or made accessible to you
by Kennywood, or its subsidiaries and affiliates
(collectively, "Kennywood", "we", "us" or
the like) are provided under these "Terms
of Use" and any amendments to these Terms
of Use that may be posted from time to time
(collectively, the "Terms", "Terms
of Use" or
this "Agreement"). The term "Website" refers
to each of the web pages contained in all the
Websites owned, operated or controlled by us,
including any Website through which we may
provide any of our products or services (collectively,
the "Services").
PLEASE READ THESE TERMS CAREFULLY
PRIOR TO ACCESSING OR USING THE WEBSITE OR
THE SERVICES. You acknowledge
and agree that the Pennsylvania Electronic
Transactions Act ("PETA") applies to the
transactions conducted on or through the
Website and the Services
and that you and Kennywood may conduct any
transactions contemplated herein by electronic
means. This
means that you expressly agree to receive
communications and disclosures from Kennywood
via electronic
mail, the Website or other electronic means.
By accessing or using the Website or the
Services, you are accepting the Terms and
agreeing to be
legally bound by them. If you do not agree
to be legally bound by the Terms, you are
not permitted
to access or use the Website or the Services.
Modification
Kennywood shall have the right, at its sole
discretion, to modify, add or remove any
terms or conditions
of these Terms of Use without notice or
liability to you. Any changes to these Terms
of Use
shall be effectively immediately following
the posting
of such changes on this Website. The most
recent version of these Terms of Use may
always be
found at http://www.kennywood.com/terms.php.
You agree
to review these Terms of Use from time
to time and agree that any subsequent use by
you of
this Website following changes to these
Terms
of Use
shall constitute your acceptance of all
such changes. These Terms of Use were last
modified
on December 7, 2004.
Restrictions on Use
This Website is for informational purposes
only and is not intended to provide specific
advice.
It is provided to you solely for your own
personal, non-commercial use and not for purposes
of
resale, distribution, public display or performance,
or any other uses by you in any form or manner
whatsoever. Unless otherwise indicated on
this Website, you may display, download, archive,
and print a single copy of any information
on
this Website, or otherwise distributed from
Kennywood, for such personal, non-commercial
use, provided
it is done pursuant to the User Conduct and
Obligations set forth herein.
You may not reverse engineer, decompile or
otherwise attempt to reconstruct the Website.
You may not
systematically retrieve any material, content
or information appearing on or accessible
through the Website ("Materials")
to directly or indirectly compile or create
a collection,
compilation, database or directory or any
other service or product, whether or not
competitive
with the Website, without Kennywood ’s
prior written consent. Except with respect
to commercially available applications
commonly
known as "web browser" software,
you may not use any software, program,
application or other device to access or
log on to the Website,
or to automate the process of obtaining,
downloading, transferring or transmitting
any Materials, without
Kennywood 's prior written consent.
Kennywood and its licensors reserve all
rights to the Website, Services and Materials,
and
any other use of the Website, Services
and Materials
for any purpose not expressly granted
in the Terms or any other applicable written
agreement
between Kennywood and you is expressly
prohibited.
Modification or Suspension of Website
Kennywood reserves the right, at its
sole discretion, to modify, disable access
to
or discontinue,
temporarily or permanently, any part
or this entire Website or any information
contained
thereon without liability or notice to
you.
Privacy Policy
You have read and agree to all of the
terms and conditions of our Privacy
Policy, which
is located
at: http://www.kennywood.com/terms.php.
Confidentiality and Transmissions over
the Internet
The transmission of data or information
(including communications by e-mail)
over the Internet
or other publicly accessible networks
is not secure,
and is subject to possible loss, interception
or alteration while in transit. Accordingly,
we do not assume any liability for
any damage you may experience or costs
you
may incur
as a result of any transmissions over
the Internet
or other publicly accessible networks,
such as transmissions involving the
exchange of
e-mail
with us (including those which may
contain your personal information).
While we
shall take commercially
reasonable efforts to safeguard the
privacy of the information you provide
us and
treat such
information in accordance with our
Privacy Policy, in no event will the
information
you provide
to us be deemed to be confidential,
create any fiduciary obligations to
you on our
part, or
result in any liability to you on our
part in the event that such information
is inadvertently
released by us or accessed by third
parties without
our consent.
User Conduct and Obligations
You agree to follow all applicable laws
and regulations when using this Website.
Furthermore,
you agree
that you shall not:
Upload, post or otherwise transmit through
or to this Website any content that:
-
Is unlawful,
abusive, threatening, harmful, obscene, lewd,
offensive, defamatory or otherwise objectionable;
-
Might infringe the intellectual
property rights, privacy rights, rights of
publicity,
or other proprietary rights of others;
-
Disrupt, place unreasonable
burdens or excessive loads on, interfere
with
or attempt to gain unauthorized access to any portion of our Website, its computer
systems, servers or networks;
-
Provide false information
about yourself to us, impersonate any other
person, or otherwise attempt to mislead others about your identity or the
origin of any content,
message or other communication;
-
Sell access to or the
use of this Website, including any content
contained
on, downloaded or accessed from this Website, except as specifically permitted
in writing by
Kennywood;
-
Redistribute any content,
including financial data, provided
by us in any manner whatsoever including by means of printed publication, fax
broadcast,
web pages, e-mail,
web newsgroups or forums, or any other electronic or paper-based
service or
method;
-
Embed
or import any financial data provided
by us into any
information services (whether or not web-based), data files or application
software, including
without limitation
accounting and payroll systems, except as except as specifically
permitted in writing by Kennywood.
By uploading, posting or otherwise
transmitting through or to our
Website any content,
you grant to us, our successors
and assigns, a non-exclusive,
world-wide, royalty free, perpetual,
non-revocable license to use or
distribute such content
in any manner otherwise than as
stated in
our
Privacy Policy.
Third Party Websites, Content and
Products and Services
Links or pointers to other
websites and references to
products and
services offered
by third
parties are provided to you
for convenience only and
do not constitute
an endorsement or approval by us of (i) the organizations that
operate such websites; (ii)
the content,
privacy policies
or other terms of use on such
websites; or (iii) such third
party products
and services. As we have no
control or responsibility
over websites or content maintained by other organizations,
or for products and services
offered
by
third parties,
we
do not assume any liability
for your use of any of the
foregoing,
which
use you acknowledge and agree
shall be at
your own risk.
Proprietary Rights
The Kennywood trademarks, service
marks, trade names, logos,
and other identifying
marks of Kennywood are and shall remain the trademarks and
trade names and exclusive
property of
Kennywood, and any unauthorized
use of these
marks
is unlawful. Other
trademarks on this Website are the property of their respective
owners. All content on this
Website, including
without limitation all programs,
complied binaries,
interface layout, interface text, documentation and graphics,
is the copyrighted
property of Kennywood and is protected by international copyright
law. The
content on this Website may be used by you only for your
personal, non-commercial use
as provided for in these Terms of Use, but may not be taken
out of context or presented
in a misleading
or discriminatory manner.
Kennywood reserves
any rights
not expressly granted to you.
Notice of Copyright Infringement
Our policy is to comply with all intellectual property laws
and to act expeditiously upon receiving any notice of claimed
infringement.
If you
believe that your
work has been reproduced on this Website in a manner that
constitutes copyright infringement,
please provide a notice of copyright infringement containing
all of the following information:
-
A physical or electronic
signature of a person authorized to act on behalf
of the copyright owner for the purposes
of the complaint.
-
Identification of the
copyrighted work claimed to have been infringed.
-
Identification of the
material on our Website that is claimed to
be infringing or to be
the subject of infringing
activity.
-
The address, telephone
number or e-mail address of the complaining
party.
-
The copyright owner,
its agent or the law does not authorize a
statement that the complaining party has a good-faith
belief that use of the material in the manner complained of.
A statement, under penalty of perjury, that
the information in the notice of copyright
infringement is accurate,
and that the
complaining
party
is authorized
to act on behalf of the owner of the right that
is allegedly infringed.
All notices of copyright infringement should
be sent to:
Kennywood Park
4800 Kennywood Blvd.
West Mifflin, PA 15122
412-461-0500
IMPORTANT: We at Kennywood are committed to
establishing our services in as many languages
as possible.
However, our company
is based
in the United
States
and
our staff is English-speaking. We apologize,
but we can only correspond in English.
Copyright 2005,
Kennywood Entertainment, All Rights Reserved.
All Kennywood Entertainment information on
this server is protected under the copyright
laws
of the United States
of
America and
in other countries.
In addition,
others may copyright certain other information.
Unless otherwise specified, no one has permission
to copy or
republish, in
any form, any information
found on
the Kennywood Entertainment server.
Disclaimer
of Warranties, Exclusion of Damages and Limitation
of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR
USE OF AND ACCESS TO THE SERVICES AND THE WEBSITE
ARE AT YOUR SOLE
RISK. THE
PERFORMANCE OF
THIS WEBSITE
AND ALL MATERIALS AND INFORMATION CONTAINED
ON, DOWNLOADED FROM OR
ACCESSIBLE THROUGH THIS WEBSITE ARE PROVIDED
TO YOU ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING
ANY IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
OF THE RIGHTS OF THIRD PARTIES,
EACH OF WHICH IS EXPRESSLY EXCLUDED. Kennywood
shall be not responsible for any problems or
technical malfunction of any telephone network
or lines, computer
on-line systems, servers, Internet access providers,
computer equipment, software, or any combination
thereof including any injury or damage to your
or any other
person's computer as a result of using this
Website
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER
NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL KENNYWOOD
OR ITS OFFICERS,
DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS, LICENSORS, CO-BRANDERS
OR OTHER BUSINESS ASSOCIATES, BE LIABLE
FOR ANY
DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL
OR EXEMPLARY
DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER
INTANGIBLES,
EVEN IF KENNYWOOD
OR ANY OF
THE FOREGOING
PARTIES HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
RESULTING FROM OR ARISING OUT OF
OR RELATED TO: (1) THE USE OF OR ACCESS TO
OR THE INABILITY TO USE OR ACCESS THE SERVICES
OR
THE WEBSITE, (2) THE
COST OF PROCURING
SUBSTITUTE PRODUCTS
OR SERVICES, (3) ANY UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA,
(4)
THE STATEMENTS OR
CONDUCT OF
ANY THIRD
PARTY ON OR ACCESSIBLE
THROUGH
THE SERVICES OR THE WEBSITE, OR (5) ANY OTHER
MATTER RELATING TO THE SERVICES OR THE WEBSITE.
IN NO EVENT
SHALL OUR TOTAL
LIABILITY
TO YOU
FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT, NEGLIGENCE OR
OTHERWISE), EXCEED THE AMOUNTS PAID BY YOU
TO KENNYWOOD, IF ANY, FOR ACCESSING OR USING
THE SERVICES AND THE WEBSITE. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY
TO
YOU.
Indemnification by User
You agree to indemnify, defend and hold us
and our affiliates, business partners,
officers, directors, employees and
agents harmless from
and against any loss,
liability, claim, demand, damage, or expense
(including reasonable legal fees) asserted
by
any third party relating
in any way
to your use of
this Website
or breach of these Terms of Use. We reserve
the right to assume the exclusive defense
and control of any matter subject to indemnification
by you, which shall not excuse your indemnity
obligations.
Applicable Law
The Website and the Services (excluding
any hyperlinked web sites of third parties)
are
controlled by
Kennywood from
its headquarters
within
the Commonwealth
of
Pennsylvania in the United States of America.
Accordingly, by accessing or using the
Website or the Services, you
and Kennywood agree that
the statutes
and laws
of the Commonwealth of Pennsylvania, including,
without limitation, the Pennsylvania Electronic
Transactions
Act, but excluding
the conflicts of laws principles
of that or any other jurisdiction, will
apply to all matters relating to your use
of or access to the Website or the Services
or the Materials or any products
or services available on or accessible
through
the Website or the Services (except those
specifically subject to
another written
agreement).
Similarly, you and Kennywood also agree
and hereby submit to the exclusive personal
jurisdiction
and venue of the
state or federal
courts situated
in Allegheny County,
Pennsylvania, U.S.A., with respect to
your use
of or access to the Website or the Services,
or the Materials
or any
products or
services
available
on or accessible
through the Website or the Services (except
those specifically subject to another
written agreement).
Termination
These Terms are effective until terminated
by either party. You may terminate
these Terms at
any time by discontinuing
use of and
access
to all Services
and the Website.You agree that Kennywood
may, in its sole discretion, and at any time,
terminate your use of or access
to the Services
or
the Website,
and
may remove or delete
any Materials, information or other
content on the Website or in the
Services, for
any reason,
without prior notice
to you. You
further agree that Kennywood
shall not be liable to you or to
any third
party for any termination of your
use of or access
to the Services
or
the Website.
In the event of any termination of
this Agreement or your use of or
access to
the Services
or the Website,
you agree
that
the provisions
regarding
Restrictions on Use, Links, Disclaimer
of Warranties, Third Party Websites,
Proprietary
Rights,
Disclaimer of Warranties, Exclusion
of Damages, Limitation of Liability,
Indemnification
and Applicable Law shall
survive any such termination.
General
If any court having competent jurisdiction
holds any provision of these
Terms of Use invalid or
unenforceable
in any respect,
such
provision
shall be enforced
to the maximum extent permitted
by law, and the remaining provisions
of these
Terms of
Use shall
continue in full
force and effect.
No waiver of
any provision
of these Terms of Use shall be
deemed
a further or continuing waiver
of such provision
or
any other provision of these
Terms of Use.
You agree that these Terms of
Sale, our Privacy Policy and
other notices
posted
on this Website
have been drawn
up in
English. Although
translations
in other
languages of any of the foregoing
documents may be available,
such translations
may not be up
to date or complete.
Accordingly, you
agree that in the
event of any conflict between
the English language version
of the
forgoing documents
and
any other translations thereto,
the English language version
of such
documents shall
govern.
Contact
If you have any questions or concerns about
our Website or these Terms of Use, please
feel free to contact us at khood@kennywood.com.
Back to top
Kennywood
4800 Kennywood Boulevard
West Mifflin, PA 15122
412-461-0500
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