LAST REVISED: 4/10/2019
PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY. BY MAKING A RESERVATION, PURCHASING MERCHANDISE, ACCESSING AND USING ANY OF OUR SITES YOU ACKNOWLEDGE THAT YOU ARE NOT A MINOR AND AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT.
(a) General. You can purchase tickets from us for Hatfield & McCoy Dinner Feud, The Comedy Barn Theater, Smoky Mountain Opry and/or Magic Beyond Belief (“Event(s)”). You can also acquire merchandise from our Gift Shop, review our Blog, learn about our specials and promotions, sign up for our newsletter, learn more about local attractions and communicate with us through the Site. You may use any Site as a guest; however, certain features of our Sites require you to create an account. When you authorize a transaction as a guest or through your Account (“defined below”) you warrant that all information used in connection with the Site is accurate and true.
(b) Registration. To register you must create a user account by providing a valid email address and creating a unique password (“Account”). You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring all information used in connection with the Site is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.
You must provide us with your full legal name, an active telephone number, a valid credit card and current address to make a transaction through Site. All payments are processed by ProVenue and are subject to the following provisions: https://provenue.tickets.com/provenueexchange17. We will send you a confirmation email confirming that your request has been processed and that payment was received. In the event we ship item(s) to you we will send a confirmation email to you regarding the same.
4. FINAL SALES AND RISK OF LOSS
All Event tickets and merchandise sales are final. Risk of loss for acquired merchandise passes from us to you as soon as we provide the carrier with the purchased product(s). As a result, you will need to file claims directly with the carrier for any loss or damages that occurred while the purchased product(s) were in the possession of the carrier. You can check the status of your order at: email@example.com.
5. EVENT CHANGES AND ASSUMPTION OF RISKS
(a) Event Changes. We reserve the right to postpone, cancel and/or reschedule Events. We will attempt to contact you with the contact email associated with your purchase in the event we need to postpone, reschedule or cancel an Event (“Event Notice”). The applicable Event Notice will identify the process and time limitations associated with a postponed, canceled or rescheduled event.
(b) Event. We use horses, acrobats and other high energy professionals in connection with our Events. Stay alert at all times before, during, and after a play or performance. If you are somehow injured, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the Event for which the ticket is issued, whether occurring before, during or after the Event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor.
From time to time we may make sweepstakes, contests, or other promotions available through our Sites (“Promotion”) that require you to register and accept additional provisions to participate. Please review the applicable rules, terms, and disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.
7. LICENSE AND USE RESTRICTIONS
(a) Sites. We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use our Sites as expressly permitted herein. Except for this limited license we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
(b) Your Content. You hereby grant to us and our owners, affiliates, representatives, licensees, licensors and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, distribute, store, transmit, or reproduce any information you submit in connection with the use of our Sites (“Your Content”) to: (i) make the Sites available to you; (ii) manage your Account; (iii) address questions and issues; and (iv) process purchases. You hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.
(c) Event License. You agree to comply with all the applicable rules, policies, terms and conditions (“Event Rules”) for each Event. We reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Event Rules. Breach of terms or rules will terminate your license to attend the Event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.
(d) Site Restrictions. You are prohibited from violating or attempting to violate the security or integrity of our Site or otherwise violating or infringing our rights or the rights of others who use our Site and agree not to do the following:
(1) use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site;
(2) gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
(3) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
(4) reverse look-up, trace or seek to trace any information on any other visitor to the Site, or any other customer, including any Account that is not held by you;
(5) take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
(6) use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Site or any transaction occurring on the Site, or with any other person’s use of the Site;
(7) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site;
(8) not to make any false or misleading statements in connection with your use of our Site;
(9) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
(10) Use any Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
(11) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
(12) Restrict or inhibit any other user from using and enjoying our Sites; and/or
(13) Violate any applicable laws or regulations.
WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF ANY SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF THE SITE IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT.
8. INTELLECTUAL PROPERTY RIGHTS
The design of our Sites and created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Our Content”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree not to engage in the use, copying, or distributing any of our content contained within our Sites.
9. HEALTH WARNING
A very small percentage of users may experience seizures when exposed to certain light patterns, flashing lights or backgrounds when using our Sites. Additionally, use of our Sites may cause dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. IMMEDIATELY discontinue use of the Site and consult your physician if you experience any of the abovementioned symptoms.
We are committed to ensuring that all customers are able to access and use our Sites and follow the Web Content Accessibility Guidelines to assist with ensuring that individuals with disabilities are able access and use our Sites. To assist with accessibility, we have implemented the following:
(i) Site Organization. Our Sites and the terms and conditions of this Agreement have conspicuous headings that are easy to follow, read and are compatible with most assistive technology solutions.
(ii) Availability of Our Content. We take commercially reasonable measures to make our content available in variety of methods such as text and audio.
(iii) Keyboard Accessibility. Many features of our Sites are accessible using a keyboard.
FOR FURTHER ASSISTANCE PLEASE CONTACT OUR ACCESSIBILITY HOTLINE AT (865) 453-4400 OR VIA EMAIL AT FAMILY@DPSTAMPEDE.COM.
11. DISCLAIMER OF WARRANTIES
OUR SITES ARE PROVIDED TO YOU AS IS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) ANY SITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF A SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF A SITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS ON A SITE WILL BE CORRECTED.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
12. LIMITATION OF LIABILITY
YOUR USE OF ANY SITE IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR OWNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH USE OF, OR INABILITY TO USE A SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You agree to defend and indemnify us and our Affiliates, employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or in relation to (i) your content; (ii) your use of the Sites; (iii) your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.
You may terminate your participation at any time by discontinuing use of our Sites. If you have a dispute with us relating to our Sites, immediately cease all use of the same. Ceasing use of our Sites is your only remedy with respect to any dispute that you may have with us. The following Sections shall survive termination of this Agreement: 6(b)(c); 7; 10; 11; 12; 13 and 18.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on the Sites. We will also update the “Last Revised” date at the top of the Agreement. If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of the Site constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK OUR SITES TO VIEW THE THEN-CURRENT TERMS OF THIS AGREEMENT.
By providing your email address to us or creating an Account you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at firstname.lastname@example.org with the word “UNSUBSCRIBE” in the subject line. You may also contact us telephonically at (865) 453-4400 if you wish to unsubscribe.
19. DISPUTE RESOLUTION
(a) General. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. The parties agree that this Section satisfies the “writing” requirement of the Federal Arbitration Act. If any controversy, allegation, or claim arising out of, related to, or connected in any way to your use of the Site, (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Knoxville, Tennessee, and you agree that all disputes will be governed by the laws of the State of Tennessee without regard to choice of law principles. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Tennessee. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court or tribunal with jurisdiction over the parties. As permitted by applicable law, you agree that any claim or cause of action you may have arising out of, related to or connected in any way with your use of the Site must be filed by you within one (1) year after such claim or cause of action arose or be forever banned. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.
YOU ARE THUS GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
20. SEVERABILITY; HEADINGS
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
23. CONTACT INFORMATION AND/OR QUESTIONS
If you have any questions or concerns, please contact us at:
Hatfield & McCoy Dinner Feud
119 Music Road, Pigeon Forge, TN 37863