TERMS OF USE

The effective date of these Terms of Use is January 15, 2011.

Please read these Terms Of Use carefully. These Terms of Use represent a binding contract. By using this website, you agree to all terms and conditions of these Terms Of Use. If you do not agree to be bound by any of these Terms of Use, do not use this website.

This website is operated by Dancing Ducks Entertainment, LLC ("Dancing Ducks" or "we", "us", or "our"). Dancing Ducks makes its website available only subject to your binding agreement to these Terms Of Use and your use of the website is wholly voluntary. These Terms Of Use govern your use of this website and all of the websites operated by Dancing Ducks (unless a different Terms Of Use policy is provided on a particular site, in which case such different policy shall control). You agree to these Terms Of Use by accessing this website, by acknowledging your agreement to these Terms Of Use, by using any features of the website, and/or by accepting any information from this website. Dancing Ducks reserves the right in its sole discretion to modify, alter or otherwise change these Terms Of Use (with or without notice) and you agree to be bound by such modifications, alterations or changes. Dancing Ducks will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Terms Of Use. Dancing Ducks encourages you to revisit and review the Terms Of Use posted here periodically. Your continued use of this website after the posting of any change in the Terms Of Use shall constitute your acceptance to be bound by any such changes. You also agree that the form and nature of Dancing Ducks' websites may change from time to time without prior notice to you including, without limitation, certain features or functionality no longer being available.

You may be required to provide personally identifiable information to use and /or access certain portions of Dancing Ducks' websites. You agree that any information that you provide to Dancing Ducks will be accurate and that you will make reasonable efforts to keep that information up to date. Please review Dancing Ducks' Privacy Policy, which you also agree to and accept by using this website, and which is specifically incorporated into these Terms Of Use.

You may terminate this legal agreement with Dancing Ducks at any time by providing notice in accordance with the "Contacting Dancing Ducks" section below and discontinuing any use of Dancing Ducks' websites. Dancing Ducks may terminate this agreement with you at any time: (a) if you have breached or threatened to breach these Terms Of Use; (b) if Dancing Ducks is required to do so by law; or (c) Dancing Ducks no longer makes Dancing Ducks' websites available for any or no reason.

General Usage of the Dancing Ducks Websites:

You agree that you will:

• only use Dancing Ducks' websites as permitted by these Terms Of Use and as permitted by law;
• not access, or attempt to access, restricted portions of any Dancing Ducks website by any means other than the interface provided by Dancing Ducks;
• use any Dancing Ducks website to threaten, harass, intimidate, stalk or otherwise abuse another user;
• not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of Dancing Ducks), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Dancing Ducks in its sole discretion);
• not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;
• not interfere with or disrupt the use and enjoyment of the Dancing Ducks websites by Dancing Ducks or any third party;
• not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with Dancing Ducks' or any third party's use and enjoyment of the Dancing Ducks websites and any other software, hardware and data;
• not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the website or to Dancing Ducks, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to a Dancing Ducks website for any reason;
• not transmit, post, send, upload, distribute, submit or otherwise make available through the website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
• not resell, frame, duplicate, reproduce or otherwise commercially exploit the Dancing Ducks websites without the prior written agreement of Dancing Ducks;
• not remove, obscure or alter any proprietary rights notices on any Dancing Ducks website or any material obtained from or through any Dancing Ducks website; and
• not violate any applicable local, state, federal or international law, rule or regulation.

Without limiting the foregoing, and except as may be expressly permitted by these Terms Of Use or by Dancing Ducks or as may be a result of standard search engine or internet browser usage, you will not use any robot, spider, rover scraper, or any other data mining or aggregating technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the websites or any content of the websites.

Certain features of Dancing Ducks' websites may be subject to a separate written agreement with Dancing Ducks. You agree that that your use of such features will be in accordance with such written agreement to the extent it differs from these Terms Of Use.

Dancing Ducks will determine your compliance with these Terms Of Use in its sole discretion and its decision shall be final and binding. Any violation of these Terms Of Use may result in restrictions on your access to all or part of the Dancing Ducks websites and may be referred to law enforcement authorities.

Interactive Areas:

Dancing Ducks may make interactive areas available to users of Dancing Ducks' websites. As a user, you may express your opinions and share information in these interactive areas. Dancing Ducks may, in its sole discretion, limit the size and number of postings and transmissions that you make using Dancing Ducks' websites. Your conduct in the interactive areas of Dancing Ducks' websites is subject to all of the Terms Of Use, including, without limitation, the "General Usage of the Dancing Ducks Websites" section above and the "Ownership of Content and License of Your Submissions and Postings" section below. Use of interactive areas of the Dancing Ducks websites may require registration and a valid user account. You acknowledge and agree that Dancing Ducks may disable access to your account for any violation of this policy, which may prevent you from accessing areas of the Dancing Ducks websites.

You acknowledge and agree that Dancing Ducks is not responsible for the conduct of users in the interactive areas of Dancing Ducks' websites. Dancing Ducks specifically disclaims any responsibility or liability to any person or entity for any loss, liability, claims, suits, costs, expenses, damages (whether actual, consequential, punitive or otherwise), injury, or other cause of any kind based upon or resulting from any material or content posted in the interactive areas of Dancing Ducks' websites. You acknowledge and agree that you use of Dancing Ducks' web sites is at your own risk.

Likewise, Dancing Ducks does not and cannot review every message posted by users in the interactive areas of Dancing Ducks' websites, and Dancing Ducks is not responsible for the content of such messages or the views or opinions expressed by the author of any message. Dancing Ducks reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the website for any reason in Dancing Ducks' sole discretion. You understand that any content that you post and/or upload on the website will be considered a submission for purposes of these services. In addition, Dancing Ducks may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Dancing Ducks or to protect the safety of our users or the public.

Promotions

This website may contain or offer sweepstakes, contests or other promotions, which may be governed by separate rules that describe the sweepstakes, contest or promotion and may have specific eligibility requirements, such as age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.

Ownership of Content and License of Your Submissions and Postings:

Dancing Ducks' websites and all of the content on Dancing Ducks' websites (as updated from time-to-time), including, without limitation, any trademarks, logos, domain names, trade names, service marks, wallpaper, artwork, images, graphics, music, text, software, and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to Dancing Ducks or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, right of publicity and other laws and by international treaties. Except for the limited license granted in the following paragraph, nothing contained in these Terms Of Use or on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Dancing Ducks or such third party that may own the Material or intellectual property displayed on the website. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the Material is strictly prohibited. You agree not to use the Material for any unlawful purposes and not to violate Dancing Ducks' rights or the rights of others. You are advised that Dancing Ducks will enforce its rights to the fullest extent of the law. Dancing Ducks may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.

Dancing Ducks may, from time to time, designate portions of its websites for download and use by users of Dancing Ducks' websites. You agree that any rights or restrictions stated at the point of availability of such Materials are incorporated into and made a part of this agreement between you and Dancing Ducks and are binding on you with respect to your use of those Materials. In the absence of any rights and restrictions expressly stated at the point of availability of the Materials or any license agreement accompanying or associated with such Materials, which you agree will supersede and prevail over these Terms of Use, Dancing Ducks hereby grants you a personal, perpetual, worldwide, royalty-free right and license to display, archive, perform, and use, solely for your own personal, non-commercial use (and without any right to re-distribute or create derivative works from such Materials) all such Materials and portions of any Materials made available on Dancing Ducks' websites and designated for download by, and use by, users of Dancing Ducks' websites.

By posting any materials to the interactive portions of Dancing Ducks' websites, you represent and warrant that those materials are your original works and do not infringe upon, misappropriate or otherwise violate any rights of any third parties, including, without limitation, any intellectual property rights, any other proprietary rights, or any rights of publicity or privacy. You agree to execute any documents and take all steps that Dancing Ducks determines are necessary to give effect to the intentions of these Terms Of Use. You agree and understand that Dancing Ducks is not obligated to use or post any materials you make available to Dancing Ducks through the website or otherwise and you have no right to compel such use. You further agree that you are solely responsible for any materials that you post or submit to Dancing Ducks' websites and for the consequences of your actions by making such post or submission (including, without limitation, any damage suffered by Dancing Ducks).

If you submit any materials to the interactive portions of Dancing Ducks' websites or submit any materials to Dancing Ducks, you hereby irrevocably grant to Dancing Ducks a perpetual, worldwide, royalty-free right and license to make, use, reuse, modify, display, archive, publish, license, perform, reproduce, disclose, transmit, stream, broadcast, post, sell, offer for sale, license and sub-license through multiple layers, translate, create derivative works of, and / or distribute all such materials and portions of any materials that you submit to Dancing Ducks or post to Dancing Ducks' websites (including, without limitation, any ideas and concepts embodied therein) in any form, media, software or technology of any kind, whether now known or developed in the future, and for any purposes whatsoever including, without limitation, developing, manufacturing and marketing commercial products using and incorporating such information. Without limiting the foregoing, without remuneration of any kind, Dancing Ducks may use any material that you submit locally, nationally or globally and such use may be made in any media, information or communication platform (including internet advertising currently in use), whether now existing or later developed.

You hereby acknowledge and agree that your relationship with Dancing Ducks is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Dancing Ducks or to post any such information on a Dancing Ducks website does not place Dancing Ducks in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit or post. Further, by submitting any material to Dancing Ducks by way of the website, you also hereby release and discharge Dancing Ducks Entertainment, LLC, its affiliates and subsidiaries and their respective employees, agents, successors, licensees and assigns from any and all claims that you might have in connection with Dancing Ducks' use, publication, display, reproduction, distribution or exploitation of the submitted testimonial, including, but not limited to, any claims for defamation; violation of any moral or artist rights (even if such material is altered or changed in a manner not agreeable to you); and/or any right of privacy or publicity.

Linking:

The content of this website is subject to change at any time without notice. By accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

The Dancing Ducks websites may contain links to third party web sites. Dancing Ducks is not responsible for, and you agree that Dancing Ducks will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which a Dancing Ducks website may be linked or from which a Dancing Ducks website may be accessed. The appearance of any link on a Dancing Ducks website in no way constitutes an endorsement by Dancing Ducks of any third-party products or services.

You may not link to any Dancing Ducks website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory, that is inappropriate for children or is otherwise deemed inappropriate, as determined by Dancing Ducks in its sole discretion. Dancing Ducks reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Dancing Ducks deems to be inappropriate or inconsistent with or antithetical to a Dancing Ducks website and/or these Terms Of Use.

Disclaimers/Limitations on Liability:

You understand and agree that the Dancing Ducks websites and all material contained or made available on them (including, without limitation, all user posts) are provided and made available solely "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" and without warranties of any kind, either express or implied, including, without limitation, warranties of title or the implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise at law or from a course of dealing or usage of trade. Some jurisdictions do not permit the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. You many have other rights which vary by jurisdiction. When the implied warranties are not allowed to be excluded in their entirety, you agree that they will be limited to the greatest extent and shortest duration permitted by law.

You agree that Dancing Ducks and its affiliates, subsidiaries, licensors and assigns, and each of their respective employees, officers, agents and directors (collectively, the "Released Parties"), are not liable to you for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive damages arising or resulting in any way from, or in connection with, the Dancing Ducks websites and any interactive features on any Dancing Ducks website, the material posted and made available on any Dancing Ducks website, or any errors or omissions in the technical operation of the websites and any materials posted or made available on the Dancing Ducks websites, even if the Released Parties have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to, the Dancing Ducks websites or any related information or programs. Notwithstanding any other provision in these Terms Of Use, in no event and under no circumstances will the Released Parties, or any of them, be liable to you for any reason or any cause of action whatsoever in an amount greater than Ten United States Dollars ($10.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation which restricts the limitation or exclusion of liability, so the above limitation may not apply to you.

By accessing any Dancing Ducks website subject to these Terms Of Use, I understand that I am waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, I acknowledge that I have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any State, Country or territory, which provides as follows (or similarly): "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Dancing Ducks makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Dancing Ducks websites. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by Dancing Ducks. Views and opinions of users (including the weblogs of Dancing Ducks employees) of Dancing Ducks' websites do not necessarily state or reflect those of Dancing Ducks Entertainment, LLC.

The Internet is inherently insecure. Dancing Ducks expressly disclaims any and all liability, and you agree that Dancing Ducks will not be liable to you in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Dancing Ducks any information. Dancing Ducks makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Dancing Ducks websites. A Dancing Ducks website may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason.

Indemnification:

You agree to defend, indemnify and hold harmless Dancing Ducks, its affiliates, subsidiaries, licensors and assigns, and their respective officers, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or in any way related to your use of the Dancing Ducks websites or any materials downloaded, obtained, used or otherwise accessed or acquired through any Dancing Ducks website: (i) in breach of these Terms Of Use or in violation of any law or regulation; (ii) that attempts, commits or results in any actual or alleged infringement, misappropriation or violation of any third party's rights; and / or (iii) in breach of any agreement between you and any third party. Dancing Ducks reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Dancing Ducks. This indemnification section will survive any termination or expiration of these Terms Of Use.

Location:

Dancing Ducks operates its websites in the United States. Information contained on Dancing Ducks' websites may not be appropriate or available for use in other locations, and access to this website from territories where the content of the website may be illegal is prohibited. If you access this website form other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms Of Use shall be construed and enforced in accordance with the laws of the State of Ohio and the United States of America, without regard to their respective conflicts of law principles. You agree that any lawsuit filed by you with respect to the Terms Of Use and / or your use of any Dancing Ducks website must be filed exclusively in the County of Cuyahoga, State of Ohio, United States of America.

Contacting Dancing Ducks:

Any questions or concerns regarding these Terms Of Use should be directed to: info@wisharoopark.com, or via mail to Dancing Ducks Entertainment, LLC, attn: Terms Of Use, 30775 Bainbridge Road, Suite 210, Solon, Ohio 4413, U.S.A.

English Language:

For users residing in Quebec, France and other francophone jurisdictions: You and Dancing Ducks have expressly requested that the Terms Of Use and all documents and notices be drafted in the English language. Toi et Dancing Ducks ont demandé expressément qua la présente entente et tous les document et avis connexes soient rédigés en anglais.

General Terms:

Dancing Ducks' failure to exercise, or delay in exercising, any of Dancing Ducks' rights under these Terms Of Use will not constitute or be deemed a waiver or forfeiture of those rights.These Terms Of Use are the entire agreement between you and Dancing Ducks concerning your use of Dancing Ducks' websites and they supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except as stated in these Terms Of Use or by a subsequent agreement in writing by you and an officer of Dancing Ducks.