You may not download, modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform or circulate this website, its contents, or any portion thereof in any form or by any means (electronic, mechanical, photocopying or otherwise), except with our express written consent. No right, title or interest in any downloaded materials is transferred to you as a result of downloading. Access to, and the right to use, our website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of our website.
We may discontinue, add to, modify, upgrade, or replace all aspects of the Web Site in our sole discretion and without notice. In particular, we reserve the right to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Web Site.
Customer Access IDs: Certain sections and services on the Web Site are only available to Water N Play business-to-business customers. These sections can only be accessed by entering your Customer ID which is the number assigned to you when you began to do business with Water N Play.
As a condition of use, you will also immediately notify Water N Play if you become aware of any loss or theft of the Customer ID or any unauthorized use of the Customer ID.
You may access the Forums and use the Materials, if you are above the age of 13 and become a member by completing the registration process and providing us with your current, complete and accurate information as requested on the applicable registration forms (each, a “Member”). Notwithstanding the foregoing, you acknowledge and agree that Water N Play, in its sole discretion, may suspend or discontinue your membership, and refuse any and all current and future access to, or use of the Forums, at any time without notice to you.
The Forums are provided solely as a convenience to you. If you are a Member, you may use the Forums only for your personal use to post information, text and other materials relevant to the prescribed topic that you have the right to use, disclose, copy, display and license or sublicense, in accordance with all applicable laws and regulations. Other than for your use of the Forums, as expressly permitted in these Forum Terms, you may not access or attempt to access any systems or servers on which the Forums are hosted or modify or alter the Forums in any way. You further agree that:
a.) you will not submit, display or transmit any Materials via the Forums, or the systems or services on which the Forums are hosted. You are not in violation of any proprietary rights of, or contractual obligations to, any third party, or in violation of applicable laws, rules and regulations;
b.) you will not submit, display or transmit any unauthorized images, photographs, graphics, links, audio files, video files or similar materials;
c.) you will not submit, display or transmit any promotions, advertisements, surveys, contests, chain letters, or pyramid schemes;
d.) you will not forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Materials transmitted to or via the Forums;
e.) you will not use the Forums to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, whether or not such person or entity is a Member, including, without limitation, the rights of privacy or publicity;
f.) you will not publish, post, display or disseminate any knowingly untrue, profane, obscene, indecent, unlawful, terrorist, violent or hateful Materials;
g.) you will not collect, store, publish, post, sell, transmit or disclose personal data about other Members, transmit unsolicited commercial e-mail or private messages to other Members, or use the Forums to disclose or sell personal data about non-Members;
h.) you will not upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files or similar software or programs;
i.) you will not restrict or prevent any other Member from using the Forums; and
j.) you will not create or disseminate a negative thread about an individual or individuals.
Water N Play shall not be responsible, and disclaims all liability in connection with, the use of any information or Materials that you submit, post or display on the Forums. You should use caution when posting any information or Materials, including but not limited to, personally identifiable information, to any Forum.
Water N Play has no obligation to monitor the Forums. However, Water N Play reserves the right to review the Materials submitted to or posted on the Forums, and remove, delete, redact or otherwise modify such Materials, in its sole discretion and for any reason whatsoever, at any time, without notice or further obligation to you. Water N Play has no obligation to display or post any Materials provided by you. Water N Play reserves the right to disclose, at any time, any information or Materials that Water N Play deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request.
By submitting, uploading or posting Materials to the Forums, you are granting Water N Play permission to use such Materials on the Forums and in connection with the operation of Water N Play Website, including without limitation, the worldwide, non-exclusive, irrevocable, royalty-free right to use, copy, distribute, publish, display, transmit, modify, translate and reformat your materials, publish your screen name in connection with your Materials and sublicense such Materials to any of Water N Play’s service providers or any third party. You acknowledge and agree that you are not entitled to receive any compensation for any Materials submitted in connection herewith.
You acknowledge and agree that any login, identifier or password (each, a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity, whether or not a Member, to access the Forums using such Password. You agree to notify Water N Play immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by Water N Play.
You agree to indemnify, defend and hold harmless Water N Play, and their respective officers, directors, employees, agents, suppliers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Forums, including, without limitation, in connection with any Materials, submitted, posted or displayed by you on the Forums, or any violation by you of these Forum Terms, any applicable law or any rights of another person or entity.
If any controversy, dispute or claim arising out of or related to your use of the Forums or any of the Materials arises, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. However, Water N Play will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the Materials or the breach of your confidentiality obligations hereunder.
Water N Play reserves the right, to modify, alter, or update these Forum Terms at any time, and your continued use of the Forums after such modifications, alterations or updates signifies your agreement to be bound by such modifications, alterations or updates. Water N Play may also, directly or indirectly, make improvements and/or changes in the Forums or any portion thereof at any time without notice or obligation to you.
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. NEITHER WATER N PLAY NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS WARRANTS THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES WATER N PLAY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE WEB SITE.
ALL SERVICES, PRODUCTS, MERCHANDISE, CUSTOMIZATION, AND MATERIALS OBTAINED THROUGH THE WEB SITE INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, AND “COOKIES,” ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND ALL CAUSES OF ACTION FOR THE SAME, WHETHER BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT WATER N PLAY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
WATER N PLAY IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH THIS WEB SITE OR ASSOCIATED SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Neither WATER N PLAY or any party involved in the creation of, production of or delivery of this service or any website associated with this service shall have any liability whatsoever for direct, incidental, consequential, indirect, special or punitive damages arising out of your access to, use or inability to use this service or any site linked to this Web Site, or any failure of performance, alteration, error, omission, interruption, defect, delay in operation, transmission of computer virus, or line or system failure regardless of whether such claim is for contract, tort, negligence, strict liability, or any other claim. Further, neither WATER N PLAY nor any other party involved in the creation of this Web Site shall have any liability for such claims even if WATER N PLAY has been advised about the possibility for such a claim. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages so WATER N PLAY’s liability in such jurisdictions is limited to the extent permitted by law.
Water N Play, its business partners and content providers have property rights to all content on this Website, including but not limited to text, graphics, logos, button icons, images and pictures on this Web Site, which property rights are protected by U.S. copyright law. This Web Site is copyrighted as a collective work under U.S. copyright law. Except as permitted by the limited license section below, you may not modify, transmit, distribute, republish any of this content without the prior written consent of Water N Play.
Water N Play owns all trademarks, trade names, brand names and service marks whether registered or unregistered and whose property rights are protected by U.S. trademark law. Except as permitted by the limited license section below, you may not use any of these trademarks, trade names, brand names and service marks without the prior written consent of Water N Play. Any other trademarks, tradenames, brand names, and service marks remain the property of their respective owners.
Water N Play owns all patents and patent applications filed by Water N Play, whose property rights in such patents and patent applications are protected by U.S. and International patent laws. You may not use any of these patented or patentable assets without the prior written consent of Water N Play.
You may download portions of materials on this Web Site solely for your personal non-commercial use.
If you believe that any material contained in this Web Site infringes your copyright, you should notify Water N Play of your copyright infringement claim in accordance with the following procedure.
Water N Play will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the Web Site’s Designated Agent who is:
Water N Play
PO Box 119
Maumee, OH 43537
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e- mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Some of the information on this Web Site may contain “forward-looking statements,” as that term is defined under the Private Securities Litigation Reform Act of 1995, regarding expectations for future financial performance. These statements involve risks and uncertainties that could cause actual results to differ materially. Without limitation, these risks include economic, weather and regulatory conditions, competition, and the risk factors set forth from time to time in Water N Play’s filings with the Securities and Exchange Commission. Although Water N Play believes that the assumptions upon which the financial information and its forward-looking statements are based are reasonable, it can give no assurance that these assumptions will prove to be correct.
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Web Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant–or warrant that the owner of such content has expressly granted—Water N Play a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium or any form, format, or forum now known or hereafter developed. Water N Play may sublicense its rights through multiple tiers of sublicenses.
This Web Site may contain links to third party web sites (“Third Party Sites”). We do not, either expressly or by implication, endorse the content on these Third Party Sites. The links are provided for your convenience only. We have no control over such Third Party Sites, nor do we review the content on those Third Party Sites; therefore, we are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites. You further acknowledge and agree that Water N Play is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Third Party Site or resource.
Water N Play does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new products or technologies, or new product names. Please do not send any such unsolicited ideas. If you send any such information, the information will be deemed, and shall remain, the property of Water N Play. None of the information will be treated as confidential or proprietary, and Water N Play shall not be liable for any use or disclosure of such information. Water N Play shall be entitled to unrestricted use of such information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.
Export: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act – and not to transfer, by electronic transmission or otherwise, any content derived from the Web Site to either a foreign national or a foreign destination in violation of such laws.
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