Terms and Conditions
1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of Kool Runnings Water Park. Kool Runnings Water Park neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Kool Runnings Water Park.
2. While Kool Runnings Water Park uses reasonable efforts to include accurate and up to date information in the Site, Kool Runnings Water Park makes no warranties or representations as to its accuracy. Kool Runnings Water Park assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. Your use of and browsing in the Site are at your risk. Neither Kool Runnings Water Park nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Kool Runnings Water Park also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Images of people or places displayed on the Site are either the property of, or used with permission by, Kool Runnings Water Park. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
5. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Kool Runnings Water Park and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Kool Runnings Water Park or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Kool Runnings Water Park will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
6. Kool Runnings Water Park has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
7. While we are always happy to hear from you, it is Kool Runnings Water Park’s policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as original artwork, written works, attraction ideas, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Kool Runnings Water Park or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Kool Runnings Water Park is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
8. Although Kool Runnings Water Park may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Kool Runnings Water Park is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Kool Runnings Water Park will fully cooperate with any law enforcement authorities or court order requesting or directing Kool Runnings Water Park to disclose the identity of anyone posting any such information or materials.
9. You agree to indemnify, defend and hold Kool Runnings Water Park and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. Kool Runnings Water Park reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Kool Runnings Water Park’s defense of such claim.
10. The Site are controlled and operated by Kool Runnings Water Park from within Negril, Jamaica. Kool Runnings Water Park makes no representation that materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the Government of Jamaica as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Kool Runnings Water Park bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Jamaica, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Kool Runnings Water Park.
11. Kool Runnings Water Park may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Kool Runnings Water Park respects the privacy concerns of the users of its Site. As a general policy, no personal information is automatically collected from users of its Site. However, certain non-personal information is recorded by the standard operation of Kool Runnings Water Park’s Internet servers. Information, such as the type of browser being used, its operating system, and your domain name is gathered in order to customize your online experience. Other uses of this information include internal review of the number of users to the Site, but only in an aggregate and non-personally-identifiable form. This data may be provided to other parties for marketing, advertising or other uses.
Personally identifiable information that may be collected in connection with your voluntarily filling out contest entry forms is retained by Kool Runnings Water Park and is not sold or otherwise transferred outside the Kool Runnings Water Park without your prior consent. This information may be used to better understand your use of the Site.
For Parents Concerning Privacy:
On the Site areas specifically designed for children, Kool Runnings Water Park requires children to consult with their parents before furnishing data. However, Kool Runnings Water Park believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that may help provide a child-friendly online environment. These tools may also prevent children from disclosing online their name, address, and other personal information without parental permission. Personal information about or obtained from a child will not be used for commercial or trade purposes without the prior written consent of a parent or legal guardian of the child.
The Kool Runnings Water Park Site Cookies Policy
A cookie lets the computers remember that you’ve visited the site, which allows us to speed up your future activities at our sites, for example, when entering information to post in the Kool Runnings Water Park message boards. Letting it do the record keeping saves you the trouble of entering information over and over again.