Terms and Conditions
CONDITIONS OF USE
Welcome to PhillyHolidayExperience.com. Philadelphia Holiday Experience provides website features to you subject to the following conditions of use. Please read these conditions of use before using PhillyHolidayExperience.com (this“Site”). By using this Site, you signify your agreement to these conditions of use. If you do not agree to these conditions of use, please do not use this Site. PHE reserves the right, at its discretion, to change, modify, add, or remove any content or materials on this Site, including portions of these conditions of use, at any time. Any changes, modifications, additions or deletions to this Site, including these conditions of use, apply as soon as they are posted on this Site. Your continued use of this Site following any changes to these conditions of use will signify that you accept and agree to the changes.
All of the content included on this Site (including, without limitation, all text, graphics, logos, button icons, images, photographs, illustrations, data compilations, software and the Site design) is the intellectual property of PHE and/or its content suppliers and protected by copyright, trademark and/or patent under United States and/or foreign laws. Except as provided in these conditions of use, you agree not to use or display PHE intellectual property at any time or in any manner without the express prior written consent of PHE.
LICENSE AND SITE ACCESS
PHE grants you a limited license to access and make personal use of this Site, and not to download or modify it, or any portion of it except with the express written consent of Philadelphia Holiday Experience. This license does not include any resale or commercial use of this Site or its contents. This Site may be used only for lawful personal, noncommercial purposes, including viewing the Site; purchasing services or products we may offer from time to time; providing information to this Site; and downloading information or images of vehicles for personal use or for use by journalists to cover the Philadelphia Holiday Experience. It is a condition of your access to and/or use of this Site that you do not:
- use this Site for commercial purposes of any kind or nature;
- post or distribute any software, content or other material that infringes and/or violates any intellectual property and/or other right of PHE or any third-party;
- engage in any conduct that would violate any law, rule and/or regulation;
- post or transmit any content or materials that are false, unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, objectionable, profane or contain indecent information of any kind;
- interfere or attempt to interfere with the operation and/or function of this Site and/or PHE’s networks and/or network security, or use or attempt to use this Site to access to any other computer system; or
- post or transmit any software, content or other materials that contains a virus or other harmful element.
NO PROTECTION FOR USER SUPPLIED CONTENT
By submitting any materials to PHE for inclusion on this Site, you automatically grant (or warrant that the owner of such materials expressly granted) PHE a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world. PHE reserves the right to reject, remove or modify any content and/or materials provided, in whole or in part, at any time, and to disclose information as necessary to comply with any law, rule or regulation.
DISCLAIMERS AND LIMITATION OF LIABILITY
YOU ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT TO YOUR USE OF THIS SITE AND ITS CONTENTS, AND ASSUME ALL COSTS ARISING FROM YOUR USE OF THIS SITE.
THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PHE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY RESPECTING ACCURACY, COMPLETENESS OR USEFULNESS OF INFORMATION CONTAINED ON THIS SITE, ABILITY TO ACCESS THIS SITE, NON-INFRINGEMENT OF SITE CONTENT AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, PHE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY THAT THIS SITE IS OR WILL BE FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER HARMFUL ELEMENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL PHE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTENT OR SERVICES PROVIDERS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSSES, COSTS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF THIS SITE, OR THE CONTENT AND MATERIALS IN AND/OR PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS AND/OR OPPORTUNITY, LOSS OF DATA, LOSS OF OR DAMAGE TO PROPERTY AND/OR CLAIMS OF THIRD PARTIES, EVEN IF PHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IF YOU ARE NOT SATISFIED WITH THIS SITE YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.
IF YOU ARE LOCATED IN A JURISDICTION THAT DOES NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SOME OF IT MAY NOT APPLY TO YOU.
LINKS FROM THIS SITE
PHE EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT MAY LINK TO OR FROM THIS SITE OR TO WHICH YOU MAY BE OTHERWISE DIRECTED BY THIS SITE. LINKS ARE INCLUDED SOLELY FOR YOUR CONVENIENCE. PHE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY MERCHANDISE OR SERVICES OBTAINED ON ANY THIRD-PARTY SITE. NOR HAS PHE TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION CONTAINED IN ANY THIRD-PARTY SITES OR CONTENT OR THE SECURITY OF ANY THIRD-PARTY SITES.
You agree to defend, indemnify and hold harmless PHE and its directors, officers, employees, agents and representatives from and against all liabilities, losses, damages, claims, costs and expenses, including attorneys’ fees in any way arising from or in connection with (a) your use of this Site, (b) any material you post, upload, e-mail or otherwise transmit using this Site and/or (c) your violation, breach or alleged violation or breach of these conditions of use.
PHE may cancel or terminate your right to use this Site or any part of it at any time without prior notice if you fail to comply with these conditions of use. Upon termination, you must immediately cease using this Site and destroy all materials obtained from this Site and all copies of these materials, whether made under these conditions of use or otherwise. The restrictions imposed on you with respect to material downloaded from this Site, and the disclaimers and limitations of liabilities set forth in these conditions of use, shall survive any termination of your right to use this Site.
These conditions of use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of law. Any dispute arising under these conditions of use shall be subject to the exclusive jurisdiction of the appropriate federal or state court sitting in the State of Pennsylvania.
If any provision of these conditions of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The failure of PHE to enforce any right or provision of these conditions of use at a particular time or in a particular instance shall not constitute a waiver of such right or provision at any future time or under any other or identical or similar condition.