All references to “Company” shall mean DELAWARE NORTH COMPANIES PARKS & RESORTS, INC.. The Company trademark as well as certain logos and other marks used on this website, www.niagarafallsstatepark.com (the "Website"), are owned by Company or its affiliates. You should assume that everything you see or read on this Website is owned by Company or used by Company with permission. You may not copy, use or retransmit anything from or on the Website without permission. You may download one copy of the contents of the Website to one computer for your personal and noncommercial home use provided you do not change any copyright, trademark or other proprietary notice. Any commercial or promotional distribution, publishing or exploitation of the site or any of its content, code, data or materials thereon is strictly prohibited. You are prohibited from engaging in any conduct that interferes with the technological operation of the site or that tampers with any copyright protection applicable to the content of the Website. Ignoring this policy may result in copyright, trademark or other intellectual property violations.
This Website provides you with an opportunity to communicate with us. Please be aware that any content you communicate -- whether it be suggestions, ideas, graphics or other material -- to Company through the Website or otherwise will be treated as non-confidential and non-proprietary. Anything you submit or transmit becomes the property of Company and Company is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.
Information About You
We collect several types of information about you via our Website. We collect "personal information," which generally is information such as your first and last name, home address and e-mail address that can be used to identify you individually. We also collect "non-personal information," which is information about you that does not itself identify you individually. Examples of non-personal information include age range and gender. We also collect "aggregate information," which is information that helps us understand how people use our Website, for example, which pages are visited. The information we collect depends on what services you use on our Website. The following is a more detailed explanation of these types of information as well as when and how we collect and use them.
Personal Information, Registration and Transactional Data
When you register on our Website, we may collect various kinds of personal information, including your first and last name, e-mail address, home address, home phone number, personal interests and preferred vacation/leisure destinations. We also collect and store access information related to your account, including user name and user password. When you make purchases from our Website, we may collect purchasing information such as product orders, shipping address(es) and credit card information.
From time to time we may post surveys on our Website. The surveys may request demographic information (such as age range, gender, areas of interest and familiarity with Company or our products and services) and customer feedback. Participation in these requests is completely voluntary. With each request, you will have the choice of whether or not to disclose information. Such survey information will be used to improve the overall experience on the Website.
Customer Service Correspondence
We may collect information that identifies you individually, such as your first and last name, home address, e-mail address, phone number, and fax number when you submit comments, questions or suggestions to our Customer Service Department.
Use of Your Personal and Non-Personal Information
Company processes personal information only for the purposes for which it was collected and in accordance with this policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed in connection with the uses set out in this policy.
Internal Analysis and Promotions
We may use information about you for statistical, design or operational purposes such as to estimate our audience size, to measure aggregate traffic patterns and/or to understand demographics, customer interest, purchasing and other trends among our users and customers. We may also use your personal information for the marketing and/or promotion of Company, our subsidiaries and/or affiliated companies, including their products and services. We may outsource all of these tasks to third parties on a confidential basis. If you do not want to receive promotional materials from us or third parties, click here to change your preference settings.
We may use your personal information to create a convenient and easy-to-use online reservation service or shopping process that includes an online "shopping cart" that allows you to track selected products and proceed through purchase. We may also share transactional information with entities as is necessary to process credit card payments or other purchasing or delivery systems.
Offers from Subsidiaries
We may send you (or arrange to have sent to you) our (or our subsidiaries’ and affiliates’) marketing and promotional information. We do not share your personal information with unrelated outside third parties unless such disclosure is required for transaction processing as mentioned above. If you do not want to receive these materials, please email the webmaster at: firstname.lastname@example.org.
We may disclose personal information: (a) to conform with the law, respond to claims or comply with legal process served on Company (e.g., a lawful subpoena, warrant or court order); (b) to enforce or apply our policies or agreements (including to initiate, render, bill and collect for amounts owed to us); (c) to protect and defend our or our users’ rights or property, the Website, our employees, users or the public, including fraudulent, abusive or unlawful use of our Website; or (d) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
Company will not use or share your personal information in ways unrelated to the uses described above without first notifying you and offering a choice. We will also provide you with the opportunity to opt-out at any time of certain or all contact from Company. If you have any difficulty exercising your choices, please send your request to email@example.com.
We will not share your personal information with third parties that are not acting on our behalf and governed by this policy without your permission.
Information collected through our Website is considered a trade secret of Company. As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or a portion of our assets.
We collect aggregate information about you and your use of our Website whenever you visit us online (See “Information About You” above). For instance, we may collect various forms of "click stream" information such as entry and exit points for our Website (i.e., referring URLs or domains), site traffic statistics, page views, impressions, and operating system and browser type. In addition, when you request pages on our Website, our servers automatically log your IP addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the internet.
We also use third-party software that tracks traffic directed to the Website from affiliate websites and the purchases that result from this traffic. This information is aggregated and is not tied to an individual purchase. This aggregate information generally will not identify you or be correlated to you individually for external purposes. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all aggregate information provided that such information does not reveal your identity. When we share such information with other companies, it is not traceable to any particular user, and will not be used to contact you. If we do correlate any aggregate information to you, such information will be treated like any other personal information under this statement.
Links to Other Sites
Please be aware that we provide links to third-party websites as a service to our users, and that we are not responsible for the content or information collection practices of those pages. Please note that these websites' privacy policies may differ from those of Company. We encourage you to review and understand their privacy practices before providing them with information.
Our Website is intended for a general audience. However, it is neither designed nor intended to collect personal information from children under the age of 13. To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, children under the age of 13 should not provide any personal information on this Website. We ask that parents supervise their children while online.
Company is committed to safeguarding and securing your personal information. To maintain data accuracy, prevent unauthorized access to or disclosure of, and ensure the appropriate use of your personal information, we have put in place physical, electronic and managerial procedures. When we ask for credit card data, it is transferred over a Secured Sockets Layer (SSL) line provided you are using an SSL-enabled browser such as Microsoft Internet Explorer or Netscape Navigator. This ensures that your information is encrypted as it travels through the Internet. This secure mode is enabled before any such information is transmitted from your computer. You will know that you are in “secure mode” when the padlock or key icon in the lower-right-hand or lower-left-hand corner of the computer screen appears in the locked position. In addition, when accessing a secure server, the first characters of a website address will change from “http” to “https.”
Opting Out of Promotional Materials
As noted above, we may use your e-mail address and other contact information provided to us through the Website to send promotional materials to you. If you do not want to receive such promotional information, you can change your privacy preference and remove yourself from our e-mail list at any time.
Access and Accuracy
Company strives to keep your personal information accurate. We will provide you with access to your personal information, including making reasonable efforts to provide you with online access to your subscription or registration data so that you may review, update or correct your information on the Website. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting you access or enabling you to make corrections. To access your personal information, return to the web page where you originally entered the Website and follow the instructions on that web page. If you cannot access your information on the web page, please telephone us at 716.858-5000 for assistance, or send your request to firstname.lastname@example.org. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical or for which access is not otherwise required. We will provide information access and correction free of charge, except if doing so would require a disproportionate effort.
If you are registered with our Website, please sign in and use the preference form at “Your Account.”
If you have NOT completed the registration process, please e-mail your request to be removed to email@example.com.
Notwithstanding any preference that you select, we may contact you from time to time to provide services that you have requested or for customer service matters, such as responding to service-related inquiries, updating our policies or notifying you of changes to existing services.
DELAWARE NORTH COMPANIES PARKS & RESORTS, INC.
250 Delaware Avenue
Buffalo, New York 14202
Effective Date: August 15, 2016
Cal OPPA Do Not Track Policy
Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. At this time, Company does not modify your experience based upon whether such a signal is broadcast.
NOTICE TO CALIFORNIA RESIDENTS. Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with Company are entitled to ask us for a notice describing what categories of personal customer information we share with third parties for their direct marketing purposes. This notice will identify the categories of information shared with and will include a list of the third parties with which it is shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to us at the addresses listed below. Please email firstname.lastname@example.org , or mail your written request to DELAWARE NORTH COMPANIES PARKS & RESORTS, INC., 250 Delaware Avenue, Buffalo, New York 14202, Attn: Corporate Communications, with a reference to California Disclosure Information.
TERMS & CONDITIONS
- Limitations on Use: This Website is owned and operated by Company or its affiliates and is for the user’s personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services ("Materials") obtained from this Website, except that the user may view the Website content in its present form and the user may download on any single computer one (1) copy of the Materials for personal, noncommercial home use, provided user keeps intact all copyright, trademark and other proprietary notices. The use of any Materials on any other website or networked computer environment is expressly prohibited. The user recognizes that unauthorized use of this Website content may subject user to civil or criminal liability.
- The Materials and this Website are the property of Company or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by Company to protect its contractual, statutory and common law rights in the Materials. Notwithstanding copyright protection of individual elements appearing on this Website, this Website is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained in this Website. Permission to use the copyrighted content of this Website for commercial purposes must be obtained through the prior written consent of Company. Company may withhold its consent for use of the copyrighted content for commercial purposes and will strictly enforce its intellectual property rights under the copyright laws.
- This Website is protected under United States trademark law. The trademarks, trade names, logos, service marks, product names and company names (the "trademarks") appearing on this Website are registered and unregistered trademarks of Company. All other trademarks, logos, service marks, product names and company names on this Website are the property of their respective owners. Under no circumstances should anything appearing on this website be construed as granting by implication, estoppel or otherwise any form of license or authorization to use, reproduce or distribute the trademarks displayed on this Website. Licenses to use trademarks appearing on this Website may be obtained through Company with prior written consent. However, Company may withhold its consent. Misuse of trademarks or any Materials comprising this Website is strictly prohibited. By using this Website, you agree to abide by any and all trademark and service mark notices, information or restrictions contained on this website. Any copied or downloaded content must retain all trademark and service mark notices. Company will strictly enforce its intellectual property rights under the trademark laws.
- The Materials published on this Website may include inaccuracies or typographical errors. Company does not warrant or make any representations regarding the use or the results of the use of the Materials on this Website in terms of their correctness, completeness, accuracy, timeliness, reliability or otherwise.
- Company makes no representations or warranties about the Website or the suitability of the Materials contained on this Website for any purpose. THE WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN "AS-IS" BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY OF TITLE, NO WARRANTY OF NON-INFRINGEMENT AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE MATERIALS. COMPANY MAKES NO WARRANTY OR GUARANTY THAT THE WEBSITE OR THE MATERIALS ARE ERROR-FREE, THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. COMPANY MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM THE WEBSITE OR THE MATERIALS THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE WEBSITE OR THE MATERIALS OR ANY PORTION OF THIS WEBSITE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.
- IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE OR UNAVAILABILITY OF THE WEBSITE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEBSITE OR THE MATERIALS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF COMPANY HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
- You agree to defend, indemnify and hold Company and its affiliates and their respective officers, directors, equity holders, employees and agents harmless from and against any and all claims, actions, demands, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees incurred by Company in connection with your violation of a third party’s rights) arising from or related to your use of this Website or your violation of these terms of service or any third party’s rights.
- This Website may contain links to third-party websites. The links are provided solely as a convenience to you and are not an endorsement by Company of the content contained in such third-party websites. Company does not control or guarantee the accuracy or integrity of the content located on linked third-party websites. Company is not responsible and assumes no liability for the information, content or software of linked third-party websites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk.
- This agreement is only assignable by Company.