TERMS OF USE

These Terms of Use constitute a contract between you, SeaWorld Parks & Entertainment, Inc. and its subsidiaries and affiliates (“SeaWorld”) and Colorvision International, Inc. (“Colorvision”), and govern the provision and your use of the Photo Key web site, the services provided through the web site and the content contained on the web site, whether included in the photographs or otherwise. (The web site, services and content, including all elements described in Paragraph 2 below, are collectively referred to herein as the “Site”.)

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. PLEASE ALSO NOTE THAT THESE TERMS OF USE MAY BE AMENDED AT ANY TIME. AMENDMENTS WILL BE EFFECTIVE TEN DAYS AFTER THEY ARE POSTED ON THIS SITE (SEE POST DATE AT END OF DOCUMENT).

1. Limited License Granted To You

The Site includes technology and content that allows you to view photographs taken of you and your family and friends, to download, print and share such photographs and to purchase products that incorporate such photographs. Subject to the further provisions of these Terms of Use, you are hereby granted a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to access and use the Site to do all of this but solely for your personal, non-commercial purposes (and, for the avoidance of doubt, without any right to offer any photograph or product for sale). In the event you require a written release in order to print or otherwise reproduce such photographs in accordance with the terms of this license and other provision of these Terms of Use, please use the form letter attached hereto.

2. Acknowledgement Of Our Intellectual Property; Reservation Of Our Rights

The Site constitutes valuable intellectual property of SeaWorld, Colorvision and our licensors. You hereby acknowledge and agree that all branding, emblems, symbols, legends, logos, insignias, signs, representations, trademarks, service marks, trade names, trade dress, designs, maps, guides, artwork, graphics, murals, copyrighted materials, park characters, park names, other indicia denoting or identifying a park or properties of SeaWorld or its affiliates (including all recognizable elements of a park and its operations such as recognizable park attractions, facilities, buildings, exhibits, animals and other features) and other intellectual property included on or otherwise comprising the Site are owned by SeaWorld, Colorvision and our respective licensors (excluding third party intellectual property and publicity rights included in photographs).

You further recognize and agree that SeaWorld, Colorvision and our licensors retain and reserve all rights not expressly granted by the limited license set forth in Paragraph 1 above. Accordingly, you may not, without limitation:

3. Suspension or Termination

We reserve the right to refuse, suspend or terminate your access to or use of the Site or any element thereof at any time in our sole discretion and without liability. Without limiting the generality of the foregoing, we may refuse, suspend or terminate your access to or use of the Site or any element thereof, without notice and without liability, if you engage in any conduct or activity that is prohibited under Paragraph 2 above or that we, in our sole discretion, believe violates these Terms of Use, violates applicable law or puts us or anyone else at risk of civil or criminal liability.

4. Our Disclaimers and Limition of Liability

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SEAWORLD AND COLORVISION PROVIDE NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. You understand that all information placed on the Site may become available to other subscribers to the Site or other members of the general public. You assume total responsibility and risk associated with the posting of content relating to you and your family and friends on the Site and otherwise for your use of Site and the Internet. It is solely your responsibility to evaluate the usefulness and acceptability of all services, information and material relating to the Site, and the quality and merchantability of all merchandise provided through the Site or on the Internet generally.

UNDER NO CIRCUMSTANCES SHALL SEAWORLD, COLORVISION OR ANY OF OUR AFFILIATES OR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE, OR FOR THIRD PARTIES' USE OF THE SITE, OR YOUR OR ANY THIRD PARTIES' RELIANCE ON OR USE OF PHOTOGRAPHS, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF PHOTOGRAPHS, FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. IN NO EVENT SHALL THE LIABILITY OF SEAWORLD, COLORVISION OR ANY OF OUR AFFILIATES OR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY OR ONE THOUSAND U.S. DOLLARS ($1,000).

5. Your Representations And Warranties

You hereby represent and warrant that you, as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply us with a current and truthful name and other identification and contact information, and acknowledge that you have a continuing obligation to keep this information current. You further represent and warrant that you are an authorized user of any credit card that you supply. In addition, you represent and warrant that before you download, print or share any photograph or other content that you access from the Site, you will confirm that you have all requisite prior permissions and consents to use as contemplated any third party trademark, service mark, copyrighted material or publicity right that is incorporated into such photograph or content (e.g., third party logo and image of another individual).

6. Purchase of Products

The Site offers you the opportunity to make purchases through the Site. These e-commerce services are offered by Colorvision, and Colorvision alone is responsible for such services.

7. Indemnification

You agree to defend, indemnify and hold harmless SeaWorld, Colorvision, our affiliates and each of our and their respective directors, officers, employees and agents from and against any and all liability, penalties, losses, damages, costs, causes of action, claims, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including, without limitation, costs incurred in any bankruptcy, insolvency or similar proceedings directly or indirectly arising from or in connection with your use of the Site, including, without limitation, breach of these Terms of Use.

8. Governing Law; Jurisdiction For Disputes; Waiver of Class Action

These Terms of Use are made in the State of Florida and shall be governed exclusively by the substantive laws of Florida, without giving effect to any conflict-of-laws rules requiring the application of the substantive law of any other jurisdiction. You and we knowingly and voluntarily intend and agree that any and all disputes, claims and causes of action relating to these Terms of Use or the subject matter thereof shall be resolved individually, without resort to any form of class action, and exclusively by litigation conducted in the U.S. District Court, Middle District of Florida, Orlando Division, or any state court located in Orange County, Florida. You and we hereby knowingly and voluntarily waive any and all objections to venue and personal jurisdiction in the foregoing. You and we also hereby waive any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding, and stipulate that the aforementioned courts shall have in personam jurisdiction and venue over each of us for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to these Terms of Use or the subject matter thereof.

9. No Waiver

Our failure to insist on performance of any of the terms and conditions or requirements of these Terms of Use shall not be construed as a waiver of such terms, conditions or requirements, and shall not affect our right thereafter to enforce each and every term, condition or requirement.

10. Notices

All notices shall be given: to SeaWorld by United States mail, postage prepaid, directed to SeaWorld Parks & Entertainment, Inc., 9205 South Park Center Loop, Suite 400, Orlando, Florida 32819-8651 Attention General Counsel; to Colorvision by United States mail, postage prepaid, directed to Colorvision International, Inc., 2400 Lake Orange Drive Suite 200, Orlando, Florida 32837; and to you by the email address you provide to us during the registration process. Notice shall be deemed given 24 hours after email is sent and three business days after deposit in the United States mail, postage prepaid.

11. Survival

The warranties, remedies and indemnities provided in these Terms of Use, as well as all other provisions of these Terms of Use that by their nature are intended to continue in effect beyond termination, shall survive the termination of these Terms of Use.

12. Severability

If any provision of these Terms of Use is deemed to be invalid or unenforceable by any court of competent jurisdiction, then the balance of these Terms of Use shall remain enforceable, and such invalid or unenforceable provision shall be enforced by such court to the maximum possible extent.

13. Attorneys' Fees

If we or you commences legal action to interpret or enforce the terms of these Terms of Use, the prevailing party in such action shall be entitled to recover reasonable attorneys’ fees and costs, including, without limitation, in-house attorney fees and all fees and costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or similar proceeding.

14. Jury Trial Waiver

To the fullest extent permitted by law, we and you hereby expressly irrevocably waive the right to a jury trial in connection with any litigation arising out of these Terms of Use or the subject matter thereof. We and you further agree to execute and deliver such further documentation or make any such filings with any court of competent jurisdiction which are necessary to effectuate such jury trial waiver.

15. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between us and you concerning the subject matter hereof and supersedes all prior agreements, memoranda, correspondence, conversations and negotiations.


Posted as of: July 2015