INTELLECTUAL PROPERTY RIGHTS
We believe in the protection of great ideas, even our own! The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof are owned by Enchantment, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not: (i) modify copies of any materials from this Site; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (iii) delete or alter any copy right, trademark, or other proprietary rights notices from copies of materials from this Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: 900 N. Main Street, West Bend WI 53095
TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS, AND TAGLINES
All trademarks, service marks, logos, slogans and taglines displayed on or through the Site are property of Enchantment or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Site without the express written permission of Enchantment, or such third party that may own the trademark, service mark, logo, slogan or tagline.
You shall not attempt to disrupt the operation of the Site in any manner, including, through the use of methods such as denial of service attacks, flooding or spamming and you will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or any other malicious or harmful code. You shall not use the Site in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Site. Furthermore, you shall not impersonate or attempt to impersonate Enchantment, an Enchantment employee, another user, or any other person or entity or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Enchantment or the users of the Site or expose them to liability.
COOPERATION WITH LAW ENFORCEMENT
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any posting materials on or through the Site. YOU WAIVE AND HOLD HARMLESS ENCHANTMENT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER ENCHANTMENT OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
LINKS TO THIRD PARTY WEBSITES
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY SITE LINKED TO IT. ENCHANTMENT DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SITE.
THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTINGS OF THIRD PARTY GOODS OR SERVICES PROVIDERS INCLUDED ON THE SITE. ANY THIRD PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO THE USER, AND THE LISTING OF SUCH DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. OWNER DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTY OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ENCHANTMENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, AND CONTENT OR IMAGES SUBMITTED OR POSTED ON THE SITE IN TERMS OF ITS OWNERSHIP, VALIDITY, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE, INCLUDING CONTENT AND IMAGES POSTED BY USERS OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ENCHANTMENT OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY ENCHANTMENT. IN NO EVENT SHALL ENCHANTMENT, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR DIRECT DAMAGES COLLECTIVELY IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF (A) THE FEES PAID BY YOU FOR USE OF THE SITE OR (B) ONE HUNDRED DOLLARS (US$100). THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE FOREGOING DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Enchantment, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions, or your infringement of any intellectual property or other right of any person or entity.
GOVERNING LAW AND JURISDICTION
WAIVER AND SEVERABILITY
Enchantment respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please provide Enchantment’s Executive Director with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) description of the copyrighted work that you claim has been infringed; (c) the location on the Site of the alleged infringed material; (d) your address, telephone number, and email address; (e) a statement that your claim of infringement is based on a good belief; and (f) a statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Enchantment’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: www.enchantmentpark.org
YOUR COMMENTS AND CONCERNS
This Site is operated by Enchantment in the Park, 900 N. Main Street, West Bend WI 53095
All comments and concerns relating to the Site should be directed to: Enchantment in the Park, 900 N. Main Street, West Bend WI 53095