Terms of Use

TERMS OF USE

Welcome to the Ripley family of websites. Ripley Entertainment Inc., including its parent, subsidiary and affiliated companies (collectively, “Ripley”) maintains this site (this “Site”) for your personal enjoyment and education, and to provide you with access to newsworthy information that we feel will
be of interest to you. By visiting this Site, you accept and agree to be bound by these terms of use (these “Terms of Use”), including any future changes that we may adopt to these Terms of Use, and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read these Terms of Use
carefully. Ripley may change these Terms of Use at any time, and all such changes will be effective upon posting on this Site. Your continued use of this Site following any such change to these Terms of Use constitutes your acceptance and agreement to be bound by these Terms of Use as so modified. We encourage you to read these Terms of Use regularly. Your access to and use of certain Ripley services may require you to accept additional terms of use applicable to such services.

OWNERSHIP OF INTELLECTUAL PROPERTY

Other than third party materials that Ripley uses in accordance with applicable law, Ripley owns all Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, and other copyrightable elements, including the selection and arrangement thereof,
trademarks, service marks and trade names (collectively, the “Content”). The Content is protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Ripley grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Content and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in
such Content. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of the Content via your own or a third party website)
without Ripley’s express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any software included in the Content. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution
under applicable federal and state laws. Ripley neither warrants nor represents that your use of the Content will not infringe rights of third parties.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Site are registered and unregistered marks of Ripley or are otherwise used in accordance with applicable law. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without Ripley’s written permission.

Your use of the Trademarks displayed on the Site, except as provided in these Terms of Use, is strictly prohibited. Ripley will aggressively enforce its intellectual property rights to the fullest extent of the law.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

While Ripley uses reasonable efforts to include accurate and up to date information in the Site, Ripley is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and Content contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Content rests with you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RIPLEY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THIS SITE, WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY RIPLEY OR ANY THIRD PARTY.

Notwithstanding the foregoing, in no event shall Ripley’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the greater of One United States Dollar or the amount, if any, that you paid to Ripley in order to access this Site.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

PRIVACY

Your use of this Site is also governed by our Privacy Policy, which is incorporated in these Terms of Use by this reference.

COPYRIGHT COMPLIANCE POLICY

To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) Ripley will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance to the DMCA by providing Ripley with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Please send all written correspondence of alleged infringements to: Ripley Entertainment Inc., 7576 Kingspointe Parkway, Suite 188, Orlando, Florida 32819, Attn: Scott Line, Esq., copyright Agent. You may also contact Ripley’s copyright agent by fax (407-345-0801), telephone (407-345-8010) or Email at line@ripleys.com.

LINKS TO THIRD PARTY SITES

Ripley has not reviewed the sites linked to this Site and is not responsible for the content of any websites owned or operated by third parties. Please note that when you leave this Site, you do so at your own risk.

CHATROOM/MESSAGE BOARDS/OTHER POSTINGS

To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (“Postings”), please be advised that Postings do not necessarily reflect the views of Ripley or any of its licensees or franchisees. In no event shall Ripley assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize Ripley to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Ripley will have the right to use and change the Postings in any manner that Ripley may determine. Additionally, Ripley may sweep its chatrooms and/or message boards periodically in its sole discretion. Ripley does not allow Postings which contain:

• Private or personal information which might identify a user
• Profanity or obscenities
• Personal attacks on other individuals
• Slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
  other information that Ripley deems in its sole discretion to be inappropriate for this Site.

The chatrooms/message boards may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although Ripley periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nevertheless, Ripley will make every effort to ensure that the chatrooms/message boards best serve the interests of all users and, therefore, Ripley reserves the right to refuse to post, edit, or delete messages that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of these Terms of Use (except for any notices covered by the Copyright Compliance Policy) please click here to send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

E-Ticketing & E-Commerce

Ripley offers certain e-commerce services including the ability to purchase admission tickets to certain attractions.

Ripley employs two types of ticketing systems, one for its Odditorium in St. Augustine, Florida and one for all of its other attractions located in the United States. All tickets are valid for a single admission to the applicable Ripley attraction and expire one year from the date of purchase.

St. Augustine Online Ticketing: After placing your order, you will receive one confirmation Email from Ripley which will include confirmation that your credit card has been successfully charged, a listing of tickets purchased, and instructions for picking up your tickets. You must use your correct Email address when you place your order or you will not be able to receive your ticket voucher. After you receive your ticket voucher (your confirmation e-mail), you must bring both the voucher and a photo ID to any Ripley’s train booth or Ripley’s Believe it or Not! Odditorium in St Augustine, FL to pick up your tickets.

Online Ticketing for Other Ripley Venues. After placing your order for tickets to our attractions at Gatlinburg, Myrtle Beach, San Antonio, Grand Prairie, San Francisco, Hollywood and Ocean City, you will receive two Email messages from Ripley. The first will confirm that your credit card has been
successfully charged and the second will contain a link that will allow you to access your print-at-home tickets. You must have Adobe Reader 9 installed on your computer in order to print your tickets. Ripley’s Value Promise. Ripley guarantees that there are no hidden charges for purchasing your tickets at home. We believe you shouldn’t have to pay to use your own resources to print your tickets!

INDEMNITY

You agree to indemnify, defend and hold Ripley and its affiliates, licensees and franchisees, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees and the fees of other professionals) incurred by any Indemnified Party in connection with any breach by you of these Terms of Use or your use of this Site. Ripley reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Ripley’s defense of such claim.

APPLICABLE LAW, VENUE, JURISDICTION

These Terms of Use and the relationship between you and Ripley shall be governed by the laws of the State of Florida without regard to any provision of its laws which would require the application of the laws of a different jurisdiction. For any dispute arising under these Terms of Use, you agree to submit
to the personal and exclusive jurisdiction of the federal and state courts located in Orange County, Florida. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. To the extent permitted by applicable law, you hereby waive any right to trial by jury in connection with any dispute between you and Ripley, its affiliates, licensees and franchisees, and their respective officers, directors, owners, and agents.

MISCELLANEOUS

These Terms of Use, together with Ripley’s privacy policy and any other policy posted at this Site are the entire agreement between Ripley and you relating to this Site and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to these Terms of Use, this Site or your access and use of this Site. If any provision of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, you agree that every attempt will be made to give effect to the intentions underlying such provision to the extent permitted by applicable law, and such finding will not affect the balance of these Terms of Use, which will remain valid and enforceable.

Ripley operates and controls this Site from its offices located at 7576 Kingspointe Parkway, Suite 188, Orlando, Florida 32819, United States of America. This Site is intended for residents of the United States and other countries permitted by applicable law. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

Last modified August 18, 2008
©2011 Ripley Entertainment Inc. All Rights Reserved.