You are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you may not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise, unless otherwise specifically authorized by Premier Exhibitions to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by Premier Exhibitions to do so. You will not transmit, offer, copy, publish, display, modify or sell, assign or sublicense any portion of the Site, its software code or any content on the Site. The content and software on this Site is the property of Premier Exhibitions and/or its suppliers and is protected by U.S. and international copyright and trademark laws. In addition to any content or information we may post various notices and credits on pages of the Site, which may not be removed.
Truthfulness and Accuracy of the Information You Provide; Complying with Laws; Verifications and Authorizations
The sale or purchase of tickets is regulated by certain states, counties and cities. You may be asked to provide information during processes you engage in on the Site. You represent and warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled and you may be prohibited from using the Site.
User Contributions to the Site
The following is a partial list of the kind of User Content which is illegal or prohibited on the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in the Site’s sole discretion, violates this provision, including removal of the offending communication from the Site and terminating any Site registration or membership of or by such violators. Prohibited content includes, but is not limited to, User Content that, in the sole discretion of the Site:
Although Premier Exhibitions cannot monitor the conduct of users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.
No bulletin board, chat or other areas of this Site may be used by our visitors for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind. We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to this Site or Premier Exhibition's other services, or cancel a ticket order or ticket with respect to any person believed to be, or believed to be acting in concert with any person who is believed to be, violating the law or these Terms or Premier Exhibitions 's rights, or utilizing automated means to process or place ticket orders, or who has ordered a number of tickets that exceeds the stated limit. Violating any limitations or terms on the Site will be deemed to be a violation of these Terms.
Access and Interference
You will not:
Furthermore, you agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of Premier Exhibitions or the permission of the owner of such proprietary content.
Unauthorized Use of the Site
Premier Exhibitions is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of Premier Exhibition’s rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part of or to the entire Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
We are not liable for any lost data resulting from the operation of the Site or the enforcement of the Terms. We urge all users to maintain their own back up versions of any User Content or other information they submit to the Site.
U.S. Export Controls
This Site and software derived from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Site or any software derived there from, 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 such list.
We may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the User Content they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing user’s rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the Site prior to that time if we believe that an alleged infringement has occurred.
If you are a copyright owner or agent thereof and believe that any Content or other posted information infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millenium Copyright Act (“DMCA”) containing the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple works on a single online site are covered by a single notification, a representative list of such works at the Site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to enable us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is is allegedly infringed. Our Designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, email: legal@ prxi.com. Please send only DMCA notices to our Designated Copyright Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.
PREMIER Exhibitions DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. PREMIER Exhibitions MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE.
PREMIER Exhibitions DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE OR OTHERWISE RELATED TO YOUR USE OF THE SITE. WE ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER, USER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Limitation on Liability
IN NO EVENT WILL PREMIER Exhibitions BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF PREMIER Exhibitions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you have a dispute then the dispute will be governed by the laws of the State of Virginia without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in state and federal courts located in Virginia.
You agree to indemnify and hold Premier Exhibitions and its subsidiaries and affiliates, and Premier Exhibitions and its subsidiaries and affiliates' respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.
© 2010 Premier Exhibitions, Inc. Premier Exhibitions, the names of its Exhibitions and prxi.com and all related logos and designs are trademarks of Premier Exhibitions, Inc. All rights reserved.