Terms of Use

The Sites offer a range of services and products to make it easier to enjoy our theme park locations and to make your experience at our theme parks more fulfilling (collectively and as hereinafter described, the “Services”). For example, the Services allow you to (i) purchase tickets to our theme park locations; (ii) buy merchandise related to our theme parks, like apparel and toys; (iii) participate in chat rooms and find links to information regarding our theme parks on social networking sites; (iv) sign up for and receive electronic newsletters; (v) reserve rooms and accommodations at a hotel, resort or other location operated by the Company or a Company affiliate; (vi) download and use our mobile application (the “Mobile Application”) on your mobile device and (vii) access media and promotions related to our products.

These Terms of Use constitute a legally binding agreement between the Company and you. You are responsible for regularly reviewing these Terms of Use. You can review the most current version of the Terms of Use at any time at: www.cedarfair.com/Termsofuse. Additional terms may govern use of certain Web pages within the Site. For example, certain Sites have an “Online Marketplace” and any purchases made by you in those Online Marketplaces are subject to a Return and Shipping Policy (we include a link to this in each Online Marketplace). In the event that any provision, term or guideline contained on a particular Web page in the Site conflicts with these Terms of Use, the terms of that Web page control over these Terms of Use with regard to that page.

These Terms and Conditions, together with the Privacy Policy (as defined below) and terms governing any individual Web page represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement oral or written, and any other communications between us relating to your access or use of the Sites and/or Services.

Certain features or services offered on or through the Sites may require you to open an account and set up a profile, providing certain personally-identifiable information, including but not limited to a member name and password, your name, telephone number, date of birth and a valid email address (collectively, your “Account Information”). We reserve the right to restrict certain areas of information on this Site to such registered users. You agree that you will maintain and promptly update your Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of the Sites by you. We are committed to your privacy, and our privacy policy www.cedarfair.com/privacy (the “Privacy Policy”), the terms of which are incorporated herein, explains the policies put in place and used by us to protect your Account Information and your privacy as you visit and use the Sites and use our Services. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password or account.

Content and Materials

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Sites (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content and the Sites are owned by the Company and its affiliates, and/or their licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others) (collectively, “Licensors and Suppliers”). Except as expressly provided in these Terms of Use, no part of any Site or the Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Sites and Services pursuant to these Terms of Use, we retain all right, title and interest in and to the Sites and Services, including all related intellectual property contained therein.

Certain features of the Services allow you to upload, post, publish, share, store, or manage (a) data, opinions, feedback, recommendations, or advice, or (b) visual content, such as photos and videos (“Materials”). By posting or publishing Materials, you represent and warrant to us that you have all necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable, sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit Materials as we deem appropriate to perform the Services and in accordance with these Terms of Use. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, Content, or other works of authorship created by us or on our behalf and used in connection with the Services.

We respect the intellectual property of others and ask that users of our Sites and Services do the same. In connection with our Sites and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing Materials and for the termination, in appropriate circumstances, of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing Material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent:

• (a) your physical or electronic signature;
• (b) identification of the copyrighted work(s) that you claim to have been infringed;
• (c) identification of the Materials on our services that you claim is infringing and that you request us to remove;
• (d) sufficient information to permit us to locate such Material;
• (e) your address, telephone number, and email address;
• (f) a statement that you have a good faith belief that use of the objectionable Materials are not authorized by the copyright owner, its agent, or under the law; and>
• (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney fees incurred by us in connection with the written notification and allegation of copyright infringement

Our designated copyright agent can be reached at:

Copyright Agent
One Cedar Point Drive
Sandusky, Ohio 44870
Email: investing@cedarfair.com

The Site and Services contain links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Some of the content served by us will be from affiliated merchant sites, and sales through these affiliated sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to any Site. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Subject to the provisions in these Terms of Use, you may use the Sites for non-commercial purposes to (i) interact with other users of any Site and (ii) view and interact with the Content and Materials of the Sites. Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Sites and related Content and Services in accordance with the Terms of Use, and for no other purpose. All rights, title and interest in and to the user interface and Content, including any software, on or through any Site shall belong to us or our Licensors and Suppliers, including all modifications thereof and enhancements thereto. The Content and user interface made available from, on or through any Site may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) of the Sites and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on or through any Site. You have no right or claim of right to the Content or any unique ideas found on any Site. No ownership rights are granted to you hereunder and no title is transferred hereby.

You may not use the Sites or Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Sites and Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Sites and Services and being responsible for damages caused by your noncompliance. In addition to the foregoing, while using the Sites and Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any Site or Services; (f) “frame” or “mirror” any portion of any Site or Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of any Site or Services; (h) harvest or collect information about or from other users of the Sites or Services; (i) use any Site or Services for any illegal activity; (j) probe, scan or test the vulnerability of any Site, nor breach the security or authentication measures on any Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that: is hateful, threatening or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.

The Services available through the Sites may not be available in your country. We make no representation that the Services or products offered in any Site are appropriate or available for use in any particular location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Sites and/or viewing or use of any Material or Content therein or Services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Sites and must exit immediately. Your viewing and/or use of any Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Sites and the Company and its affiliates and their respective managing members, officers, directors, employees and third party suppliers (collectively, the “Company Parties”) may rely upon such representation. The Sites are operated from the United States and it is possible that some software from the Site, including, without limitation, software associated with our Mobile Application, may be subject to United States export controls. No software from any Site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country subject to a U.S. or U.N. embargo or sanction; or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce Department's Table of Deny Orders. By downloading or using any software, including the Mobile Application, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.

Our Mobile Application allows you to access certain services that are available via your mobile phone, including (i) downloading our Mobile Application, (ii) purchasing theme park tickets through your mobile phone, (iii) geolocation mapping and parking locator, and (iv) integrated social media (collectively the "Mobile Services"). The Mobile Services are provided free of charge. However, your carrier's normal messaging, data and other rates and fees will still apply. By using the Mobile Services, you agree that we may communicate with you regarding the Company and its products and Services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us, including, certain aggregate usage data, the type of mobile device through which you access the Mobile Services and, with your consent, geolocation data. The collection, use and disclosure of information collected from your mobile device in connection with your use of the Mobile Services is subject to the terms of our Mobile Services Privacy Policy www.cedarfair.com/mobileprivacy.

Your Warranties

You represent and warrant to the Company that (a) all information (including your Account Information) that you provide to us is accurate and truthful, (b) you have the authority to share Account Information with us and to grant us the right to use Account Information as provided in these Terms of Use and in the Privacy Policy, (c) you have the right to grant us the licenses specified in the Section titled “Content and Materials” above, if applicable, (d) your acceptance and use of any Site pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, and (e) your Materials, if any, do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.

Disclaimer of Warranties

ALTHOUGH THE COMPANY MAKES EFFORTS TO PROVIDE ACCURATE SITES, THE SITES, SERVICES, CONTENT AND ALL PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. THE COMPANY PARTIES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITES, SERVICES AND CONTENT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE SITES, SERVICES AND CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY, AND (5) THAT ACCESS TO OR USE OF THE SITES, SERVICES OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON ANY SITE, SERVICES AND/OR CONTENT IS AT YOUR OWN RISK AND THE COMPANY MAKES NO WARRANTIES.

THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES, THEIR RESPECTIVE CONTENT, THE SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. THE COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF THE IDEAS, INFORMATION, GUIDELINES OR INSTRUCTIONS ACCESSED THROUGH THE SITE OR SERVICES.

Your reliance upon the information available on the Sites or located through utilization of the Services and your interactions with third parties identified through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other users of the Services or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Sites or Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to any Site, Services and Content, or any portion thereof; (2) to modify or change the Sites, Services and Content, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of any Site, provision of Services and availability of Content, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE.

Limitation of Remedies

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, SERVICES OR CONTENTS, WITH THE DELAY OR INABILITY TO ACCESS OR USE ANY SITE, SERVICES OR CONTENT, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH ANY SITE OR ITS CONTENTS, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF ANY SITE OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF ANY SITE, AND ALL OTHER USE OF THE SITES, 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 THEREFROM. UNDER NO CIRCUMSTANCES SHALL THE COMPANY PARTIES BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, SERVICES OR ANY OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

IN THE EVENT OF ANY PROBLEM WITH THE SITE, SERVICES OR CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITES AND SERVICES.

You will indemnify and hold the Company and the Company Parties harmless with respect to any and all claims and demands, including, but not limited to reasonable attorney fees, made by any third party due to or arising out of (i) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of any Site and/or Services or your misuse or abuse of any Site and/or Services; (iii) your violation of applicable laws, rules or regulations in connection with your use of any Site or Services, or (iv) our use of Materials generated or uploaded by you in accordance with these Terms of Use.

These Terms of Use are governed by the laws of the State of Ohio, U.S.A. without regard to conflicts of laws principles. Any action you bring relating in any way to these Terms of Use or any matters related to the Sites shall be brought in either the State or Federal Courts located in Erie County, Ohio and you expressly consent to the jurisdiction of said courts. If any provision of this Agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Any cause of action you may have with respect to your use of these Sites must be commenced within one (1) year after the claim or cause of action arises, otherwise the cause shall be forever barred. Access or use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or accessing or using any Site, Services or Contents. The Company’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of any Site or information provided to or gathered by the Company with respect to such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: 1 Cedar Point Drive, Sandusky OH 44870, ATTN: Investor Relations or Investing@cedarfair.com, and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The Services, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

The term of these Terms of Use will continue for as long as we allow you access to and use of the Site and/or Services. Sections titled “Content and Materials”, “Warranties, Disclaimers and Limitations of Liability”, “Applicable Law and Jurisdiction”, “Indemnification“, “Interpretation”, and this Section shall survive any termination or expiration of these Terms of Use.

Questions? Please call (419) 627-2233 during the hours of 8:30 AM to 5 PM ET or email us at investing@cedarfair.com.