Terms of service

IMPORTANT! THESE TERMS AND CONDITIONS (TERMS) OF USE GOVERN YOUR USE OF THIS SITE. BY ACCESSING AND USE OF THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY YESTERYEAR FUNLAND ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN PLEASE LEAVE OUR SITE NOW.

PERSONAL AND NONCOMMERCIAL USE LIMITATION OWNERSHIP. We, along with our travel and leisure service and information providers ("Providers"), own and have copyrights on our site and all of its contents. You will not copy, reproduce, republish, upload, post, transmit, distribute, perform, sell, transfer, license, create derivative works from, or modify any of the content, data, information software, products, services, or materials found on our site, but you may download, display and print one (1) copy of the materials presented on our site on one (1) computer for your personal, non-commercial use. Trademarks, logos and service marks displayed on our site ("Marks") are our, and our Providers, registered and common law Marks. Your use of and access to our site do not grant you any license or right to use any of the Marks. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our site. Modification or use of the content except as expressly provided in these Terms of Use violates Yesteryear Funland's intellectual property rights.

Neither title nor intellectual property rights are transferred to you by access to this site. USE OF SITE. You may only use our site if you are at least 18 years of age and can enter into binding contracts (our site is not available for use by minors). You will be financially accountable for all uses of our site by you and anyone using your password and login information. You may only use our site to make legitimate reservations or purchases. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our site. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. We cannot promise that our site will be error-free, that defects or errors will be corrected or that our site or the servers that make it available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our site or take any action that imposes an unreasonable load on our computer equipment. For your information your access to our site may not be uninterrupted or available at all times.

PRIVACY. You have read YESTERYEARS FUNLAND'S Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by YESTERYEAR FUNLAND and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in YESTERYEAR FUNLAND'S Privacy Policy.

HYPER-LINKS This site may be hyper-linked to other sites which are not maintained by, or related to, YESTERYEAR FUNLAND. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or YESTERYEAR FUNLAND. YESTERYEAR FUNLAND has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and YESTERYEAR FUNLAND makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by YESTERYEAR FUNLANFD of that site.

INDEMNITY. You will defend us and indemnify and hold YESTERYEAR FUNLAND, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, related businesses and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

REVIEW OF TRANSMISSIONS. THE COMPANY may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that YESTERYEAR FUNLAND deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review.

TAX CHARGES. The tax charge on hotel and attraction transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that is paid to the vendors (e.g. hotels, etc.) in connection with your travel arrangements. YESTERYEAR FUNLAND is not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to YESTERYEAR FUNLAND and YESTERYEAR FUNLAND in turn remits such tax directly to the vendor. Tax rates vary from location to location. YESTERYEAR FUNLAND'S actual tax cost paid to the vendor may vary from the tax charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel, attraction, etc. by our customer. The type of tax charged by the vendor will vary by service and location.

SERVICE FEE. These fees cover the costs incurred by YESTERYEAR FUNLAND'S in servicing your travel reservation. Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, fares, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site.

INFORMATION THAT YOU PROVIDE. You may not post, send, submit, publish, or transmit in connection with this site any material that: You do not have the right to post, including proprietary material of any third party; Advocates illegal activity or discusses intent to commit an illegal act; Is vulgar, obscene, pornographic, or indecent; Does not pertain directly to this site; Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; Violates any law or may be considered to violate any law; Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; Solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; Includes MP3 format files; Amounts to a 'pyramid' or similar scheme; Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

SUBMISSIONS. You hereby grant to YESTERYEAR FUNLAND the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to YESTERYEAR FUNLAND through this site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. YESTERYEAR FUNLAND will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future YESTERYEAR'S operations.

SECURITY. Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). YESTERYEAR FUNLAND will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that YESTERYEAR FUNLAND considers insecure, YESTERYEAR FUNLAND will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, YESTERYEAR FUNLAND reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. YESTERYEAR FUNLAND reserves the right to investigate suspected violations of these Terms of Use.

YESTERYEAR FUNLAND reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing YESTERYEAR FUNLAND to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS YESTERYEAR FUNLAND FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER YESTERYEAR FUNLAND OR LAW ENFORCEMENT AUTHORITIES.

ATTORNEY'S FEES. If YESTERYEAR FUNLAND or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that YESTERYEAR FUNLAND shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attemted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by THE COMPANY in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

TERMINATION. YESTERYEAR FUNLAND may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which YESTERYEAR FUNLAND and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to YESTERYEAR FUNLAND and its third party providers or distributors, as applicable.

ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

MODIFICATION. YESTERYEAR FUNLAND may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.

SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

HEADINGS. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

MISCELLANEOUS. These Terms of Use will be governed and interpreted pursuant to the laws of Ohio, United States of America, not with standing any principles of conflicts of law. You specifically consent to personal jurisdiction in Ohio in connection with any dispute between you and YESTERYEAR FUNLAND arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in Ohio.