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: Legal Department. You may also contact Ripley’s Legal Department by fax (407-345-0801), telephone (407-345-8010) or Email at legal@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

Submissions, User Generated Content

  1. Submissions. In connection with anything you submit to us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
  2. User Generated Content. We may allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, contest entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

In most instances, we do not claim ownership of your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable, perpetual, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the our websites, services, applications, platforms and/or products and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever (unless otherwise expressly provided in a writing signed by our authorized representatives after appropriate approvals are obtained).

You represent and warrant that your User Generated Content conforms to this Agreement and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by this Agreement; and you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User Generated Content resulting from your breach of this Agreement. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on our sites and platforms and on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

We may monitor, screen, post, remove, modify, store and review User Generated Content or communications, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to this Agreement, without prior notice to you. We may terminate your account and access to our website and platforms if your User Generated Content violates this Agreement, including unlawful postings or content, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

E-Ticketing & E-Commerce

Ripley offers certain e-commerce services including the ability to purchase admission tickets to certain attractions. After placing your online order for tickets to any of our other attractions you will receive an Email messages from Ripley. The email will confirm that your credit card has been successfully charged and will contain a link that will allow you to access your print-at-home tickets. This process is for all corporate owned attractions located in the United States, other than St. Augustine, which is described in the following paragraph.

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. 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.

Tickets are valid for a single admission to the applicable Ripley attraction unless otherwise noted. Tickets are valid until the expiration date which is displayed on each ticket.

Tickets are non-refundable and will not be replaced if expired, destroyed, lost or stolen.

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

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