Adventure Lands of America, Inc.
Revised November 22,2021
You agree that by using one or more of the Websites you do not obtain ownership rights in any of the Websites’ text, design, code, graphics or any other aspect of its content. You acknowledge Adventureland’s intellectual property rights in the same and agree not to copy or reproduce any component of the Websites in any medium (or use any framing techniques to display any aspect of the Websites) without the advance, written permission of Adventureland. AdventurelandPark.com and other names, slogans, and graphics on the Websites are state, federal, and/or common law trademarks of Adventureland. Other marks used on the Websites may be the property of Adventureland and/or other companies. Your limited license to use the Websites is not a grant of any interest or broader license in any trademarks or copyrighted material appearing on the Websites.
You agree not to attempt to gain unauthorized access to any portion of the Websites or to circumvent any of the Websites’ security features. You further agree not to take any actions that would interfere with the Websites’ operations.
If you have been given a password to access a secured area of a Website, you agree to keep your password confidential and agree to notify Adventureland if your account has been compromised.
If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You agree that, if you access any portion of the Websites other than the Bernie’s Adventure Club portion of the Websites, you are at least 13 years of age and that, if you are under 18 years of age, you have been given permission by a parent or guardian to access the Websites. You agree that, if you are under the age of 13 years old, your access is restricted to the Bernie’s Adventure Club portion of the Websites and that you have been given permission by a parent or guardian to access the Bernie’s Adventure Club portion of the Websites.
The Websites—other than the Bernie’s Adventure Club portion of the Websites—are designed for use by adults residing in the United States. The Bernie’s Adventure Club portion of the Websites is also designed only for users in the United States. If you access the Websites from outside the United States, you do so at your own risk and you are responsible for complying will all local rules and regulations. Some functionality may not be available outside the United States.
If you ever upload any material to the Websites or post any comments on the Websites, you represent and warrant that such content and posts will comply with all laws and regulations, will not contain any obscenities or foul language, will not infringe on the intellectual property rights of any third parties, will not contain any material that is indecent, offensive, abusive, harassing, or otherwise objectionable, and and will not defame anyone. Adventureland has the right, in its sole discretion, but not the obligation, to review and/or remove any user posted material for any reason whatsoever.
Any content, ideas or suggestions you submit through the Websites will be deemed non- proprietary and will become the property of Adventureland with no compensation of any kind due to you for any use by Adventureland including, without limitation, the reposting or display of such commentary or ideas. By submitting information to Adventureland and/or its affiliates, you acknowledge that Adventureland may use that information for any commercial and non- commercial purposes, and you represent and warrant that you have the ability to lawfully grant Adventureland all rights in your submission.
You understand and acknowledge you are solely responsible for any user contributions to the website, and you, not Adventureland, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that you have the necessary rights to upload or post the content you submit to the Websites and indemnify Adventureland and its agents and affiliates from any harm that may result from your uploading or posting of content and/or any harm to the intellectual property rights of others based on Adventureland’s use of the content or idea.
If you create an Account or upload or post any content to the Websites, you agree not to misrepresent your identity or use any information (including, but not limited to an email address) belonging to anyone else. You similarly agree that all information you provide via the Websites shall be accurate.
Adventureland is not responsible for any websites owned by third parties which may be linked to the Websites.
You agree that Adventureland has no obligation to allow you to use the Websites and that your access may be denied at any time for any reason.
Your use of the Websites is at your own risk. The Websites are subject to change at any time, and the information therein may not be complete or up-to-date. Neither Adventureland nor its owners, authors, or affiliates (collectively, “Adventureland”) offer any representations as to the completeness, timeliness, or accuracy of the Websites (including, but not limited to, statements made within diaries or other posts) or representations as to the percentage or length of time the Websites will be available for public access. Adventureland has no duty to update or maintain the Websites. Your reliance on any information contained on the Websites is strictly at your own risk. Adventureland assumes no responsibility and shall not be liable for any action or conduct arising from any reliance placed on the contents of the Websites by you or anyone who may be informed of any of the Websites’ contents. Adventureland assumes no responsibility, and shall not be liable for, any damages to your computer, telecommunications device, or other property or equipment caused by or arising from your access to, use of, or browsing the Websites or your downloading of any materials, from the Websites, whether or not the damage is caused by a virus, malicious actions of a third party, ordinary operations, or any other source of harm.
ALL USE OF THE WEBSITES IS AT YOUR OWN RISK. ADVENTURELAND DISCLAIMS ANY AND ALL LIABILITY FOR THEWEBSITES. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ADVENTURELAND DOES NOT REPRESENT THAT YOUR USE OF THE WEBSITES WILL BE WITHOUT PROBLEMS OR WILL BE UNINTERRRUPTED.
UNDER NO CIRCUMSTANCES WILL ADVENTURELAND, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SHAREHOLDERS, PARENT COMPANIES, SUCCESSORS, ASSIGNS, VENDORS, OR PARTNERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS ACTIVITIES) WHETHER OR NOT NOTICE OF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN PROVIDED, AND WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY.
THE TOTAL LIABILITY OF ADVENTURELAND AND ITS AFFILIATES FOR ANY DISPUTE RELATED TO THE WEBSITES SHALL NOT EXCEED $100.
THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
By using or visiting the Websites, you explicitly agree to hold harmless Adventureland and its owners, employees, and affiliates from any and all claims, costs, and damages which may arise directly or indirectly from your visit to the Websites.
If any of aspect of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
Adventure Lands of America, Inc.
c/o Kelsey Knowles
Belin McCormick, PC
666 Walnut St., Suite 2000
Des Moines, IA 50309