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DNC PARKS & RESORTS AT KSC, INC. WEBSITE: TERMS OF USE
- Version date 12/24/03
IMPORTANT: READ THESE TERMS OF SERVICE AND OUR PRIVACY POLICY,
BEFORE USING THE DNC PARKS & RESORTS AT KSC, INC. WEB
SITE ("Web Site"). YOUR USE OF THE WEB SITE WILL
INDICATE YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS. If
this Agreement and the Privacy Policy are not acceptable to
you, do not use this Web site. DNC PARKS & RESORTS AT
KSC, INC. reserves the right to modify or discontinue this
Web site and these terms of use with or without notice to
users.
1. Limitations on Use: This Web Site is owned and operated
by DNC PARKS & RESORTS AT KSC, INC. and is for the user's
personal, noncommercial use. You agree not to modify, copy,
distribute, transmit, retransmit, disseminate, display, broadcast,
circulate, perform, reproduce, publish, license, create derivative
works from, transfer, sell, or commercially exploit, in any
way, any information, content, documents, graphics, software,
products or services ("Materials") obtained from
this Web site, except that user may view the Web Site content
in its present form and user may download on any single computer
one (1) copy of the Materials for personal, noncommercial
home use, provided user keeps intact all copyright, trademark
and other proprietary notices. The use of any Materials on
any other web site or networked computer environment is expressly
prohibited. User recognizes that unauthorized use of Web Site
content may subject user to civil or criminal liability.
2. The Materials and this Web Site are the property of DNC
PARKS & RESORTS AT KSC, INC. or others and are protected
by United States copyright law and international copyright
treaties. You agree to comply with reasonable requests by
DNC PARKS & RESORTS AT KSC, INC. to protect DNC PARKS
& RESORTS AT KSC, INC.'s contractual, statutory and common
law rights in the Materials. Notwithstanding copyright protection
of individual elements appearing on this Web site, this Web
Site is protected by copyright law as a collective work and/or
compilation. You agree to abide by any and all copyright notices,
information, or restrictions contained on this Web Site. Permission
to use the copyrighted content on this Web Site for commercial
purposes must be obtained through the prior written consent
of DNC PARKS & RESORTS AT KSC, INC. DNC PARKS & RESORTS
AT KSC, INC. may withhold its consent for use of the copyrighted
content for commercial purposes. DNC PARKS & RESORTS AT
KSC, INC. will strictly enforce its intellectual property
rights under the copyright laws.
3. This Web Site is protected under United States trademark
law. The trademarks, tradenames, logos, service marks, product
names, and company names (the "Trademarks") appearing
on this Web Site are registered and unregistered Trademarks
of DNC PARKS & RESORTS AT KSC, INC. All other trademarks,
logos, service marks, product names, and company names on
this Web Site are the property of their respective owners.
Under no circumstances should anything appearing on this Web
Site be construed as granting by implication, estoppel, or
otherwise, any form of license or authorization to use, reproduce,
or distribute the Trademarks displayed on this Web site. Licenses
to use Trademarks appearing on this Web Site may be obtained
through DNC PARKS & RESORTS AT KSC, INC. prior written
consent. DNC PARKS & RESORTS AT KSC, INC. may withhold
its consent. Misuse of Trademarks or any Materials comprising
this Web Site is strictly prohibited. You agree to abide by
any and all trademark and service mark notices, information,
or restrictions contained on this Web Site. Any copied or
downloaded content must retain all trademark and service mark
notices. DNC PARKS & RESORTS AT KSC, INC. will strictly
enforce its intellectual property rights under the trademark
laws.
4. The Materials published on this Web Site may include inaccuracies
or typographical errors. DNC PARKS & RESORTS AT KSC, INC.
does not warrant or make any representations regarding the
use or the results of the use of the Materials in this Web
Site in terms of their correctness, completeness, accuracy,
timeliness, reliability, or otherwise.
5. DNC PARKS & RESORTS AT KSC, INC. makes no representations
about the suitability of the materials contained on this Web
Site for any purpose. THE MATERIALS ARE PROVIDED TO YOU ON
AN "AS IS" BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY,
NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY
FOR TITLE, NO WARRANTY FOR NON-INFRINGEMENT, AND NO OTHER
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS.
DNC PARKS & RESORTS AT KSC, INC. MAKES NO WARRANTY OR
GUARANTY THAT THE MATERIALS OR FUNCTIONS CONTAINED IN ITS
WEB SITE MATERIALS ARE ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED
OR THAT THEY WILL BE CORRECTED. DNC PARKS & RESORTS AT
KSC, INC. MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED)
AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE,
SOFTWARE, DATA, OR PROPERTY RESULTING FROM USAGE OF THE MATERIALS
OR ANY PORTION OF THIS WEB SITE, OR THROUGH ANY VIRUS, WORM,
TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED
THROUGH THE MATERIALS OR ANY PORTION OF THIS WEB SITE. DNC
PARKS & RESORTS AT KSC, INC. MAKES NO REPRESENTATIONS
OR WARRANTIES THAT ITS WEB SITE AND ITS SERVER ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.
6. IN NO EVENT WILL DNC PARKS & RESORTS AT KSC, INC.
BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL,
SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING
BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM
ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY,
TRANSMISSION ERROR, UNAUTHORIZED USE, OR UNAVAILABILITY OF
THE WEB SITE), OR FROM THE MATERIALS OBTAINED THROUGH THIS
WEB SITE, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE
OF THIS WEB SITE, WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE EVEN IF DNC PARKS & RESORTS AT
KSC, INC. HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES. SOME
STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED
WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED
WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY
NOT APPLY TO YOU.
7. You agree to indemnify and hold DNC PARKS & RESORTS
AT KSC, INC., its officers, directors, employees, and agents,
harmless from and against any and all claims, actions, or
demands, losses, liabilities, costs and expenses (including
but not limited to attorneys' fees incurred by DNC PARKS &
RESORTS AT KSC, INC. in connection with your violation of
third party's rights) arising from your violation of these
terms of service or any third parties rights.
8. This Web Site may contain links to third-party Web sites.
The links are provided solely as a convenience to you and
not as an endorsement by DNC PARKS & RESORTS AT KSC, INC.
of the content on such third-party web sites. DNC PARKS &
RESORTS AT KSC, INC. does not control or guaranty the accuracy
or integrity of the content located on linked third-party
web sites. DNC PARKS & RESORTS AT KSC, INC. is not responsible
and assumes no liability for the information, content, or
software of linked third-party web sites and does not make
any representations regarding the content, quality, safety
or accuracy of materials on such third-party web sites. If
you decide to access third-party web sites, you do so at your
own risk.
9. You acknowledge that, in providing the Materials on this
Web Site, DNC PARKS & RESORTS AT KSC, INC. has relied
upon your agreement to be bound by this Agreement, and the
Privacy Policy. If any provision of this Agreement is invalid
or unenforceable under applicable law, it is, to that extent,
deemed omitted and the remaining provisions will continue
in full force and effect. No waiver of any term of this Agreement
shall be deemed a continuing waiver of such term or any other
term. This Agreement shall not be construed or deemed to create
any partnership, joint venture, agency, franchise, or other
form of agreement or relationship than expressly set forth
herein. This Agreement and performance hereunder shall be
governed by the laws of the State of Florida without regard
to conflict of laws provisions, and applied to agreements
entered into and completely performed in the State of Florida.
Sole and exclusive jurisdiction for any action or proceeding
arising out of or related to this Agreement or Privacy Policy
shall be an appropriate State or Federal Court located in
Brevard County, State of Florida. You agree to submit to jurisdiction
and venue in any State or Federal Court located in Brevard
County, State of Florida. This Agreement and Privacy Policy
constitute the entire agreement between you and DNC PARKS
& RESORTS AT KSC, INC. with respect to use of the Web
Site.
10. This Agreement is only assignable by DNC PARKS &
RESORTS AT KSC, INC.
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