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TERMS OF USE

Welcome to the Ripley family of websites and/or mobile applications. Ripley Entertainment Inc., including its parent, subsidiary and affiliated companies (collectively, “Ripley”) maintains this site and/or mobile application (the “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 accessing and using 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”). If you do not want to agree to these Terms of Use, you must not access or use the Site.  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. This Site is offered and available to users who are 13 years of age or older.  By accessing and using the Site, you represent and warrant that you are of legal age to form a binding contract with Ripley and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Site.

OWNERSHIP OF INTELLECTUAL PROPERTY

Other than third party materials that Ripley uses in accordance with Applicable Law and the User Contributions that Ripley uses in accordance with the Terms of Use, 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”). For purposes of this Section and the Terms of Use, the term “Content” shall include User Contributions.  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 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 Law. Ripley neither warrants nor represents that your use of the Content will not infringe rights of third parties.  Ripley grants no rights to use any third party materials that Ripley uses in accordance with Applicable Law, and your use of such third party materials shall be at your own risk and without limitation to the provisions under the indemnity section in the Terms of Use, you shall indemnify, defend and hold Ripley harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees and the fees of other professionals) incurred by Ripley as a result thereof.

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 EFFORST TO INCLUDE ACCURATE AND UP TO DATE INFORMATION IN THE SITE, RIPLEY IS NOT RESPONSIBLE OR LIABILE 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 OT 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 OR 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 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.

USER CONTRIBUTIONS

The Site allows users to post, upload, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) user-generated Content, including, but not limited to, photographs, videos, images, and recordings (collectively, “User Contributions”) on or through the Site.  All User Contributions must comply with the Content Standards set out in these Terms of Use.  Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant Ripley and its affiliates, and each of their respective licensees, franchisees, successors and assigns the irrevocable, royalty free, fully transferable, worldwide, sublicensable license to use, reproduce, modify, create derivative works, perform, display, and distribute all or any portion of the User Contributions for any and all commercial or non-commercial purposes, including in connection with this Site.  Further, you agree that all moral rights in relation to any User Contributions are waived, such that, Ripley (and its affiliates, and each of their respective licensees, franchisees, successors and assigns) has no obligation to identify you as the author or creator of any such User Contributions and you will have no right to object to the manner in which Ripley (and its affiliates, and each of their respective licensees, franchisees, successors and assigns) treat such User Contributions.  You also hereby grant any authorize users of the Site a non-exclusive license to access your User Contributions through the Site and use and display, for noncommercial and personal use only, one copy any User Contributions that you may download from this Site.  In connection with any User Contributions you post, you represent and warrant that:

  • You own or have the necessary licenses, rights, consents, and permissions to use and authorize Ripley (and its affiliates, and each of their respective licensees, franchisees, successors and assigns) to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Contributions to permit inclusion and use of the User Contributions in accordance with the Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in the User Contributions (including, where relevant consent of the parent/guardian of any minor) to use and authorize Ripley (and its affiliates, and each of their respective licensees, franchisees, successors and assigns) to use the name or likeness of each and every identifiable individual person to permit inclusion and use of the User Contributions in accordance with the Terms of Use.
  • All of your User Contributions do and will comply with these Terms of Use (including, without limitation, the Content Standards).
  • You are of legal age to form a binding contract with Ripley.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Ripley, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.  Ripley is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.  Ripley has the right to:

  • Remove or refuse to post any User Contributions for any or no reason in Ripley’s sole discretion.
  • Take any action with respect to any User Contribution that Ripley deems necessary or appropriate in Ripley’s sole discretion, including if Ripley believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for Ripley.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, Ripley has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Ripley to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS RIPLEY AND ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RIPLEY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RIPLEY OR LAW ENFORCEMENT AUTHORITIES.

However, Ripley cannot undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Ripley assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Ripley has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

These content standards (the “Content Standards”) apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Ripley’s Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by Ripley or any other person or entity, if this is not the case.

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 any of our other attractions 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 June 12, 2012

©2012 Ripley Entertainment Inc. All Rights Reserved.

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