Please read this agreement ("Agreement") carefully before using our various websites. By accessing or using our website, you agree to be bound by this Agreement and all of its terms without change. This agreement is between SeaWorld, you the user, and, if you are using the website on behalf of a company or organization, such company or organization will also be considered a party to this Agreement. This agreement applies to your use of the SeaWorld Kids Website.
Neither SeaWorld nor its representatives are engaged in rendering legal services or other such advice. Your use of the website is subject to the additional disclaimers and notices that may appear throughout the website.
We are not providing investment advice through this website, and the material on this website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of SeaWorld or its affiliates.
SeaWorld and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on our website. While we strive to keep the information on this website accurate, complete and up-to-date, SeaWorld and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the website.
Personal and Noncommercial Use Limitation: Prohibited Uses
We provide information about our various theme parks and activities, educational materials and various games and activities. We grant you access to this website during the term of this agreement solely to participate in activities and receive the information. You may access, download, and print materials as needed to receive the information. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists you get from this website. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission. You will comply with all privacy laws.
All materials on this website (as well as the organization and layout of the website) are owned and copyrighted, licensed by, or used with permission that is granted to SeaWorld. No reproduction, distribution, or transmission of the copyrighted materials at this website is permitted without the prior written permission of SeaWorld.
No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant to SeaWorld that you will not use this website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this website automatically ends.
You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this website or accessed through this website. You may not republish SeaWorld content or other content from this website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to this website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our website is virus free.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SeaWorld EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SeaWorld SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iii) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY EXCEED $100.
Links to Third Party Sites
Links to Our Website
Use of Submissions
Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this website, such information will be deemed to be non-confidential. We will have no obligation with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
Changes to Website
We may make improvements or changes in the information, services, products, and other materials on this website, or terminate this website at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this website will be deemed your acceptance of the modified Agreement.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Florida law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the SeaWorld rules exceed $125, and you are unable to pay the additional fees and deposits, SeaWorld retains the right to forward them to the SeaWorld on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SeaWorld retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
This website is intended to and directed to residents of the United States and all advertising claims contained in this website are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this website will be governed by and construed in accordance with the laws of Florida, without giving effect to any principles of conflicts of law. Failure by SeaWorld to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.
Infringement Claims/Copyright Agent
If you believe that any material contained on the website infringes your copyright or other intellectual property rights, you should notify SeaWorld of your copyright infringement claim in accordance with the following procedure. SeaWorld will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this website's Designated Agent who is:
By mail: DMCA Copyright Agent
c/o SeaWorld Entertainment Properties
9205 SouthPark Center Loop Ste 400
Orlando FL 32819
By phone: (407) 226-5030
By fax: (407) 226-5039
By email: DMCA@SeaWorld.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Emails sent to DMCA@SeaWorld.com for purposes other than communication about copyright claims may not be acknowledged or responded to.
We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact SeaWorld and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Parent Request to Remove Videos and Photos of Children
SeaWorld will take down videos or photos of a minor child under the age of 18 on our website at the parent's request in accordance with the following procedure. When a valid takedown request is received, we respond under this process by taking down the photo or removing the link to the video or photo.
To File a Parental Take Down Request:
A written notification must be made. This can be done either by written letter or email. Emails will not be accepted unless a prior arrangement has been made. The notification must:
Identify in sufficient detail the photo or video and a statement as to your belief that the content contains an image of your minor child.
For example "The photo I am referring to is located on the home page to the SeaWorld Kids website." Include a copy of the web page.
Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
Include the following statement: "I have good faith belief that the photo posted on the web site is a photo of a minor child for whom I am the parent or legal guardian."
Send the written document to:
SeaWorld Parks & Entertainment, Inc.
Attn: Legal - Parental Takedown
9205 SouthPark Center Loop Ste 400
Orlando, FL 32819
Or email document to:
SeaWorld® and other logos, product and service names are trademarks and service marks owned by or licensed to Company or its affiliates (the "Marks"). Without the prior written permission of Company, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
Updated: December, 2015
© 2015 SeaWorld Parks and Entertainment
All Rights Reserved.