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Terms of Service

Please read the following Terms of Service (henceforth "Terms") carefully before entering HolidayWorld.com/ePostcard (henceforth, "Site). Your use of this Site means that you accept these Terms and agree to abide by them. Furthermore, any contract between you and Holiday World & Splashin' Safari, of Koch Development Corporation (henceforth "Holiday World"), and Photogra, Inc (henceforth "Photogra") will be subject to these Terms.

Purpose of the Service

This Site, operated by Photogra, offers guests the ability to view, edit, share, print, and purchase digital images (henceforth "Photos") taken during their visit to Holiday World & Splashin' Safari. Neither Holiday World nor Photogra shall be held responsible for lost or damaged digital image files or any damages that occur as a result of a lost or stolen Photo Claim Card.

Provision of Information to Customer

Holiday World and Photogra strive to ensure that all information on this Site is accurate. We cannot, however, guarantee the accuracy or integrity of information on this site and do not assume any responsibility or obligation for the accuracy, completeness, or authenticity of material on this Site. We reserve the right to discontinue the Service or change specifications at any time and for any reason, without incurring obligations.

Registration

In order to utilize this Service or purchase Photo Products, you must be thirteen (13) years of age or older. You agree that the information you provide is upon registration and at all other times is true, complete, and accurate. You also agree to ensure that this information is kept accurate at all times. Neither Holiday World nor Photogra will be responsible for any issues resulting from inaccurate or outdated information.

Password

When you register for this Service, you will be assigned a password which will be sent to the e-mail address that you provide upon registration. You are responsible for all activity that occurs under your username (e-mail address) and password. Therefore, you should ensure that your password remains confidential. You agree to notify Photogra if you believe that your username and password have been used without authorization. We reserve the right to require you to change your password for any reason, especially if we believe that it is no longer secure.

Availability of Service and Data Storage

Holiday World and Photogra will make reasonable efforts to ensure that this site is available 24 hours a day, 7 days a week. Naturally, there will be periods when the Service is unavailable due to maintenance, upgrades, etc. Reasonable steps will be taken by Photogra to minimize disruption of this Service. By using this Site, you agree that neither Photogra nor Holiday World will be held responsible for any disruption or discontinuance of the Service at any time, for any period of time.

Privacy Policy

Please review our Privacy Policy before utilizing this Site and the Services offered therein. A link to the policy is provided at the bottom of this page. Your continued use of this site indicates that you agree to be bound by these Terms of Service and the abovementioned Privacy Policy.

Trademarks

All brand, product, and service names used on this Site are proprietary marks of Holiday World, Photogra, or relevant third parties. No part of this service or Site grant any person any license or right to any image, logo, or name that is the property of Holiday World or Photogra.

Copyright

Photogra Holiday World is the owner of all copyright related to this service, with the exception of the content of all photographic material database rights related to this Service, which belong to Holiday World. No one has the right to distribute, extract, re-utilize or reproduce any content by any means, except as outlined in the COPYRIGHT RELEASE?

Unsolicited Submissions

We appreciate guest/user comments regarding our products and services. We request that you refrain from sending Holiday World or Photogra any original ideas, stories, artwork, or other creative material unless specifically requested by us. We make this request in an effort to respect intellectual property rights.

If, despite our request, you send any material other than Personal Content (defined below) you grant us full ownership and complete rights to utilize the material for any purpose whatsoever at any time and without compensation to or acknowledgement of the sender or any other person or entity.

Personal Content

In these Terms of Service, "Personal Content" refers to any personal Photos, greetings and messages that you send or post, and any other information that you provide in order to use services and features offered by this Site.

Sharing Photos

This Site enables you to share Photos in your album with family and friends. In order to share these Photos, you must provide valid e-mail address(es) for each recipient. We are not responsible for incorrectly entered e-mail addresses, undeliverable e-mail addresses. Please note that the recipient will receive a link to view your album or picture (as indicated on the Site), not the files themselves. Recipients will have the ability to purchase prints of the photos you choose to share with them. Recipients are not required to register prior to viewing your pictures.

Holiday World and Photogra reserve the right to monitor, filter, edit and/or reject text content in any messages or during the creation of any ePostcard or Photo Product.

Rules of Conduct

By using this Site, you agree not to use the Service to:
1. commit any act that is against the law
2. transmit any content that:
a. is defamatory, abusive, harassing threatening, or an invasion of a right of privacy of another person
b. is bigoted, hateful, racially, or otherwise offensive
c. is violent, vulgar, obscene, pornographic or in any way sexually explicit
d. is otherwise harmful or can be reasonably expected to cause harm to any person or entity
e. is illegal or encourages or advocates illegal activity or that encourages discussion of illegal activity with the intent of committing said activity. This includes but is not limited to dealing drugs and drug abuse, harassment, theft, or conspiracy to commit any criminal activity.
f. infringes or violates any right of a third party including, but not limited to:
i. copyright, patent, trademark, trade secret or other proprietary or contractual rights
ii. right of privacy or publicity
iii. any confidential obligation

g. is commercial or business-related material that advertises or offers to sell an products, services, or otherwise (whether or not for profit), or that solicits others in any way or for any reason.
3. impersonate or misrepresent your relationship with any other person or entity
4. upload, post, email or otherwise transmit an material that will cause harm to Holiday World's or Photogra's computer system or the computer system of other users and Recipients.

You also agree that you will not:


1. in any way interfere with or otherwise disrupt (or attempt to do so) this Site/Service or the networks connected to this Site/Service by uploading, emailing, posting, or otherwise submitting material that contains a virus, worm, or other harmful component.
2. in any way disguise, by manipulation of otherwise, the origin of any content transmitted through this Site/Service
3. use this site for any commercial purposes other than to allow the Recipient of your ePostcard to view and order prints of your photos
4. make images hosted by Photogra available to the general public by posting a link on any site or in any publication.
5. use this site to collect screen names, passwords, personal information, or any other data relating to any person or entity.
6. for any reason provide information to Holiday World or Photogra that:
a. is false, inaccurate, or in any way misleading.
b. attempts to hide your identity
c. you do not have the right to disclose
7. repackage or resell this Service or any portion of it.

We reserve the right to terminate your access to the Site if you violate any of these Rules of Conduct or other Terms.

Processing Your Order

You credit card company will provide Photogra with authorization for the amount of your order upon submission. No contract will exist between you and Photogra until the order is accepted by Photogra upon shipment to you. Your credit card will be charged for the amount of the order at this time.

Receipt of your order does not guarantee that Photogra can supply the products you selected. All products on this Site are subject to availability. For this reason, Photogra reserves the right to limit quantities of products, divide your order, or supply only a portion of your order. Again, your credit card will not be charged until your order is fulfilled. Until that time, Photogra reserves the right to cancel your order for any reason.

Pricing and Payment

All prices on this Site are stated in United States Dollars and do not include sales tax (if applicable) or shipping costs, which may vary based on delivery location. Prices are subject to change at any time prior to acceptance of your offer. If we make a change, we will notify you via email and ask whether or not you would like the order to be fulfilled.

Return Policy

If you are not satisfied with the quality of your product, simply return it within thirty (30) days of the purchase date and we will reprint or refund the purchase price of the items(s) at no additional cost to you. Please visit our help page for more information.

Applicable law, jurisdiction, venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, exclusive of its provisions on conflicts of laws. In respect of any dispute relating to this Agreement, the use of this Site, or the services or products provided through this Site, any such dispute shall be brought exclusively in a court of competent jurisdiction sitting in the State of Indiana. The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. Holiday World's or Photogra's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

Disclaimer

THIS SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Holiday World AND Photogra DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Photogra DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Photogra DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation of Liability

Holiday World AND Photogra SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, SERVICES OR CONTENT ON THE SITE, OR THE PERFORMANCE OF ANY PRODUCTS YOU MAY PURCHASE ON OR THROUGHOUT THE SITE, EVEN IF Holiday World and/or Photogra HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Neither Holiday World NOR Photogra WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR LOSS OF ANY DATA. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Photogra Inc. Attn: Legal Department, 53 Penn Blvd. Scarsdale, NY 10583 (in the case of Photogra) or to the email address you provide to Photogra during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Photogra during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

Consent and Revision of Terms of Service

We reserve the right to modify, amend, or change these Terms at any time. Holiday World and Photogra may change the features and content of this Site. These Terms may change accordingly. Your continued use of this Site following the posting of changes to these terms will mean you accept the changes. If you do not agree to these Terms, please refrain from using this Service.

Nothing in these Terms is intended to interfere with the ability of Holiday World or Photogra to transfer all or part of their businesses or assets (including this Site, and any personal information collected under these Terms) to an affiliate or independent third party, at any time, for any reason and without notice to you.

You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Both parties agree that there are no representations, promises, warranties or undertakings by you or Photogra contrary to those set forth above.

These Terms were last updated on July 29, 2008.