Definitions

TouringPlans.com ("Web Site") is a privately owned and operated web site.

The terms "TouringPlans.com", "we", "us", "our" and "ours" when used in these Terms of Use means TouringPlans.com which includes any parents, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of TouringPlans.com

The terms "you", "your" and "yours" when used in these Terms of Use means any user of this Web Site.

Agreement

Access to and use of this Web Site and the information, materials, products and services available through this Web Site are subject to all applicable laws and regulations and to these Terms of Use. Access to and use of this Web Site and the information, materials, products and services is intended solely for private, non-commercial use. Any other use without the expressed permission of TouringPlans.com is prohibited.

By accessing this Web Site, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this Web Site.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Web Site, and you should always review these Terms of Use prior to using the Web Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Web Site. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

Disclaimer

This site contains theme park industry related information compiled by this Web Site as well as links to external sites that are not affiliated with the Web Site in any way. The information compiled by the Web Site as well as the links to external sites are provided "as is" with no warranty, express or implied, for their accuracy or reliability. You use this site at your own risk, and acknowledge that, while every effort has been made to correct errors before they appear, this site may include certain inaccuracies, errors, or omissions. The Web Site makes no representations as to the suitability, reliability, availability, timeliness, and accuracy of the information on this site for any purpose.

Furthermore, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. This Web Site expressly disclaims any responsibility or liability for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this site.

The Web Site shall not be held liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (whether or not this Web Site has been notified of the possibility of such damages).

The Web Site expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the full extent allowed under the law. Furthermore, no advice or information, whether oral or written, obtained by you from the Web Site shall create any warranty. Depending on the state or jurisdiction where you reside, some of the exclusions or limitations of liability for consequential or incidental damages listed above may not apply to you.

Any material downloaded or otherwise obtained from or made available on the site is done at your own discretion and risk. The Web Site expressly disclaims any responsibility for damage to your computer system or loss of data that results from the download of any such material.

Trademarks And Copyrights

All trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Web Site are the property of their respective owners.

Use of any copyrighted images is not authorized without the consent of the copyright holder.

It is our policy to make every effort to respect the copyrights of outside parties. If you believe that your copyright has been misused, please provide us with a detailed message stating your position and we will endeavor to correct any misuse.

All original content on the Web Site, including (but not limited to) touring plans, wait times, and Lines data, are (c) 2013-2014 TouringPlans.com. All rights reserved.

Hyperlinks

This Web Site may contain links and/or advertisements to other web sites maintained by us in addition to links to web sites maintained by unrelated companies and persons. An advertisement of, or link to, a non-TouringPlans.com web site does not mean that this Web Site approves, endorses or accepts any responsibility for that web site, its content or use, or the use of products and services made available through such web site.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such web sites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such web sites.

Such web sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other web sites which you may access through this Web Site, the content thereof, or the products and/or services made available through such web sites. If you decide to leave our Web Site and access these other web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such web sites will apply to you while on such web sites.

Hyperlinks To TouringPlans.com

Any web site may link to us. However, it is requested that any link made be to the initial start page of www.TouringPlans.com. Persons providing access to this Web Site via link from another web site are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source web site and for any representations made or impressions created concerning TouringPlans.com.

Authorization by us to link to this Web Site is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this Web Site at any time and for any reason.

Anyone providing access to, or information relating to this Web Site, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

Minors

This Web Site is a business and commercial site. As such, it is not intended for children or minors.

Code of User Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the Content originated. You, and not this Web Site, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Web Site. This Web Site does not pre-screen Content, though the Web Site and its designees have the right but not the obligation, in their sole discretion, to deny, move, or remove any Content available via the Web Site. This Web Site does not, and will not, guarantee the accuracy, integrity, or quality of such Content. You understand that by choosing to use the Web Site, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will this Web Site be liable in any way, shape, or form, for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Web Site.

You agree NOT to use the Web Site to:

Upload, post, email, or otherwise transmit any Content that is harmful, hateful, threatening, abusive, defamatory, obscene, libelous, or invasive of another's privacy; harm or threaten anyone person in any way; falsely state or misrepresent your affiliation with any person or entity; upload, post, email, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Web Site; intentionally or unintentionally violate any applicable local, state, national, or international laws; harass or "stalk" another individual; collect or store personal data about other users.

You agree NOT to to:

Upload, post, email, or otherwise transmit any content, data, or credentials that is falsified in any form. This includes falsified names, email addresses, IP addresses, or wait times entered into Lines. You further agree that if you falsify any content, data, credentials or wait-time data submitted to this website, you will bear the full cost of resolving those issues, including work done by TouringPlans.com staff, and any other normal business costs incurred during that effort, including but not limited to additional software and hardware costs, plus any legal, administrative or consultative costs associated with that resolution.

You acknowledge and agree that this Web Site may preserve Content forever. You also agree that the Web Site may disclose Content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of the Web Site, its users, and the public.

Data Protection Consent

Your personal data will never be sold to, traded to, bartered with, rented to, or exchanged for magic beans with any third party. We have enough trouble keeping up with our kids, and we certainly don't have time to keep track of y'all.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Web Site or any web site with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Web Site or any web site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Price and availability of information, materials, products and/or services is subject to change without notice.

Indemnity And Release

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Web Site or any of the information, materials, products or services available through this Web Site.

Modification And Discontinuation

TouringPlans.com may terminate your password and/or your account in whole or part at any time. This Web Site may also choose to remove or discard any Content you may have contributed to the Web Site at any time, and for any reason.

You further agree that this Web Site reserves the right to terminate your access to the Web Site at any time without prior notice. You also acknowledge that the Web Site may at any time deactivate and/or delete your account and all information in your account; in addition, barring any further access to such files. Further, you agree that the Web Site shall not be liable to you or any third-party for any termination of your access to the Web Site.

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Web Site (or any portion thereof) and/or the information, materials, products and/or services available through this Web Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Web Site.

Jurisdiction

Unless otherwise specified, the materials in the Site are presented solely for the use of residents of the United States, its territories, possessions, and protectorates. This Site is controlled and operated by TouringPlans.com from within the State of North Carolina, United States of America. Access to, or use of, this Web Site or information, materials, products and/or services on this Web Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Web Site. We make no representation that the information contained herein is appropriate or available for use in any location.

These Terms of Use and the agreement made herein shall be governed by and construed in accordance with the laws of the State of North Carolina, county of Guilford, without giving effect to any principles of conflicts of law. You agree that the courts of Guilford County, North Carolina shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this Web Site, and that the laws of the State of North Carolina shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

Entire Understanding

These Terms of Use contain the entire understanding between you and us with respect to this Web Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Contacting Us

If you have any questions regarding these Terms of Use or any other matter, you may contact us in by e-mailing us at webmaster@touringplans.com.