A reference to Delaware North, we, us or our, in this policy includes a reference the subsidiaries of Delaware North Companies International Limited.
1. Limitations on Use: This Web Site is owned and operated by Delaware North 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 the user may view the Web Site content in its present form and the 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. The user recognizes that unauthorized use of this Web Site content may subject user to civil or criminal liability.
2. The Materials and this Web Site are the property of Delaware North or others and are protected by local copyright law and international copyright treaties. You agree to comply with reasonable requests by Delaware North to protect its 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 in this Web Site. Permission to use the copyrighted content of this Web Site for commercial purposes must be obtained through the prior written consent of Delaware North. Delaware North may withhold its consent for use of the copyrighted content for commercial purposes and will strictly enforce its intellectual property rights under the copyright laws.
3. This Web Site is protected under local trademark law. The trademarks, trade names, logos, service marks, product names and company names (the "trademarks") appearing on this Web Site are registered and unregistered trademarks of Delaware North. 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 Delaware North’s prior written consent. However, Delaware North may withhold its consent. Misuse of trademarks or any Materials comprising this Web Site is strictly prohibited. By using this Web Site, 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. Delaware North 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. Delaware North 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. Delaware North makes no representations or warranties about the Web Site or the suitability of the Materials contained on this Web Site for any purpose. THE WEB SITE AND 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 OF TITLE, NO WARRANTY OF NON-INFRINGEMENT AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEB SITE OR THE MATERIALS. DELAWARE NORTH MAKES NO WARRANTY OR GUARANTY THAT THE WEB SITE OR THE MATERIALS ARE ERROR-FREE, THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. DELAWARE NORTH MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM THE WEB SITE OR THE MATERIALS THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE WEB SITE OR THE MATERIALS OR ANY PORTION OF THIS WEB SITE. DELAWARE NORTH 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 DELAWARE NORTH OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, AGENTS OR EMPLOYEES 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) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEB SITE OR THE MATERIALS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF DELAWARE NORTH 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 THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. You agree to defend, indemnify and hold Delaware North and its affiliates and their respective officers, directors, equity holders, employees and agents harmless from and against any and all claims, actions, demands, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees incurred by Delaware North in connection with your violation of a third party’s rights) arising from or related to your use of this Web Site or your violation of these terms of service or any third party’s rights.
8. This Web Site may contain links to third-party web sites. The links are provided solely as a convenience to you and are not an endorsement by Delaware North of the content contained in such third-party web sites. Delaware North does not control or guaranty the accuracy or integrity of the content located on linked third-party web sites. Delaware North 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.
11. This agreement is only assignable by Delaware North.