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Terms and Conditions

Branson Immersive LLC.

TERMS AND CONDITIONS FOR WEBSITE

TICKET PURCHASERS

AND

EXHIBITION VISITORS

Last updated: February, 2023

Introduction

Welcome to https://disneyimmersive.com/branson/ (this “Website” or “Site”), a website owned and operated by Branson Immersive LLC., Inc. and/or its affiliated and related entities (collectively, “Branson Immersive LLC.” “we,” or “us”). These Terms of Use and our Privacy Policy apply to all visitors, users, and others who access our Website (“Users” and/or “you”). These Terms of Use explain the terms by which you may use our Website and our services.

Please read these Terms of Use carefully before you start to use our Website and before your visit to our exhibitions.

These Terms of Use and our Privacy Policy, incorporated herein by references, govern your use of and purchases through our Website. These Terms of Use also set out the rules regarding your visit to our exhibitions and provide information regarding accessibility for guests.

By accessing or using our Website, purchasing products and/or tickets, and when you visit our exhibitions, you agree to be bound and abide by these Terms of Use, our Privacy Policy, and additional terms and conditions that may apply in the event you pre-order or purchase a product from us, which are incorporated herein by reference.

IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR WEBSITE.

OUR WEBSITE IS INTENDED FOR THE EXCLUSIVE USE OF ADULTS OVER 18 YEARS OF AGE. IF YOU ARE NOT OVER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS OUR WEBSITE. BY USING OUR WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18, THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE OUR WEBSITE.

IF YOU ARE UNDER THE AGE OF 18, WE REQUIRE YOUR PARENT’S CONSENT BEFORE YOU MAY ACCESS OR USE OUR WEBSITE.

AGREEMENT TO ARBITRATE

THESE TERMS REQUIRE THAT DISPUTES RELATING TO OUR WEBSITE, TICKET AND/OR PRODUCT PURCHASES OR VISITS TO OUR EXHIBITIONS THAT ARE NOT OTHERWISE WAIVED PURSUANT TO THE TERMS OF THESE TERMS AND THE ARBITRATION; NO CLASS ACTION AGREEMENT BELOW MUST BE RESOLVED IN BINDING ARBITRATION, THAT YOU, TO THE FULLEST EXTENT ALLOWED BY LAW, WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, AND THAT THE LAWS OF THE STATE OF NEW YORK APPLY TO ALL INTERACTIONS BETWEEN YOU AND Branson Immersive LLC..

IF YOU DO NOT AGREE TO RESOLVE DISPUTES BY ARBITRATION, DO NOT USE OUR WEBSITE OR COME TO OUR EXHIBITIONS.

Changes and Updates

We reserve the right to amend these Terms of Use and Privacy Policy at any time and without prior notice. If we do this, we will post the amended Terms of Use and/or Privacy Policy and indicate at the top of the Terms of Use or the Privacy Policy, as the case may be, the date such was last revised.

Your continued use of our Website after any such changes are made means you acceptance of the updated Terms of Use and Privacy Policy.

If you do not agree to any changes or additions to these Terms of Use, do not continue to use or access our Website.

ACCESSING OUR WEBSITE

Access to our Website is permitted on a temporary basis. We reserve the right to withdraw or amend our Website, and any service or material we provide on our Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website, to Website visitors.
You are responsible for

  • making all arrangements necessary for you to have access to our Website
  • ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and comply with them

PUCHASES ON OUR WEBSITE

Shopping bags. When you shop on our Website, you can use a shopping bag to keep track of the items you have selected until you are done shopping. You will be able to review and confirm your tickets, your address, and how you are paying for your tickets.

Payment Processing. When you check out, the data is transmitted to our third party payment processing company. At present, we use Ticketmaster (Universe.com), Stripe and Producer360 (TickX) to process payments for us. We also use third party providers to prevent fraud in our transactions. If you use other means of payment (such as ApplePay or PayPal), you will be entering your information into those third parties’ sites, and you should review those providers’ terms of use and privacy policies.

  • Pricing and Product Errors/Corrections. We endeavor to present current, accurate, and reliable information regarding our tickets. However, on occasion, this Website may contain typographical errors, inaccuracies, or omissions that may be with regard to exhibition descriptions, pricing, promotions, offers, and availability. We reserve the right to correct errors or to update exhibition at any time without prior notice. If an exhibition is listed at an incorrect price due to an error on this Website, to the fullest extent allowed by law, we reserve the right to refuse or cancel any orders placed for any exhibition listed at the incorrect price. Further, to the fullest extent allowed by law, we reserve the right to refuse or cancel any such orders, regardless of whether the order has been confirmed and your method of payment charged. If your method of payment has already been charged for the purchase and your order is then cancelled, we will issue a credit to your original method of payment for the amount of the incorrect price.

Not for Resale. You are expressly prohibited from using our Website to purchase any tickets for purposes of resale by you or any other person, and we expressly disclaim all warranty for claims for damages or otherwise, including all indirect or consequential damages resulting from your intent to, attempt to, or actual resell any tickets purchased from the Website.

Problems. If there is problem with the information you give us when you check out, we will try to reach you through the contact information you provided.

Fraud. If there is any concern about fraud or credit, we will let you know if we are allowed by law. We may be required by law to first report the problem to law enforcement officials. We use a third party vendor to detect fraud.

Your Money. When you check out, and put in your payment information, you promise, represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes that could impact your order or your payment.

Prices and Taxes. We may change the prices of our events and/or products from time to time. Different locations require us to charge and collect sales tax at the time of check out. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

Shipping Choices and Costs. When you check out, you will select your means and timing of shipment. If you do not live in the United States, where we are based, you may also have to pay import duties that will be reflected in your final order summary.

TICKET SALES

ALL TICKETS ARE NON-REFUNDABLE.

The holder of a valid ticket is admitted to the exhibition on the condition that the holder agrees, and by use of the ticket does so agree in favour of the producer and the exhibition owner (Branson Immersive LLC.), to the following terms and conditions. Any violation of these terms will entitle Branson Immersive LLC. and its subsidiaries and affiliates to, as applicable, cancel the ticket, withdraw the access granted below, refuse admission and/or expel a ticket-holder, in each case without payment of any refund or other compensation.

The ticket is a personal, revocable right of access. Lost, stolen or destroyed tickets will not be honoured. Tickets may not be resold or offered for resale by anyone without the written permission of Branson Immersive LLC. and its’ subsidiaries and may not be resold at a price exceeding their face value at any time.

The ticket may not be used for advertising, promotion or for any other trade or commercial purposes.

Tickets obtained from any source other than Branson Immersive LLC., Universe.com, or their authorized agents may be lost, stolen or counterfeit tickets and may not be honoured.

The right of access may be withdrawn and admission refused at any time upon refunding the printed purchase price to the party that placed the original purchase, including without in the event of cancellation of the performance or exhibition.

The ticket-holder must ensure that the holder and any minors or others for whom the holder is responsible conduct themselves appropriately and in a manner which is not determined by Branson Immersive LLC. or its representatives to be objectionable or disturbing to other patrons.

Anyone under the age of 16 cannot enter the exhibition without adult accompaniment. Anyone under the age of 16, must be accompanied at all times by an adult 21 years of age or older throughout the exhibition. All persons entering the exhibition must have a valid ticket.

VIP Tickets for Disney Animation: Immersive Experience Only. Notwithstanding anything to the contrary herein, any VIP ticket holder solely for the exhibition located the United States and Canada, may re-enter the applicable exhibition for a period of 30 days after such ticket-holder’s original attendance date at such exhibition (to the extent the exhibition is still playing during such 30 day period), subject to the following terms and conditions:

  • Only VIP ticketholders who actually attended the exhibition on the original date of entry for the tickets purchased may re-enter the exhibition (i.e., VIP tickets for re-entry are not transferrable from the purchaser and attendees who attended the exhibition on the original date of the VIP ticket). The individual who is the recorded, named purchaser of record of the applicable VIP tickets must be in attendance at the exhibition to be eligible to re-enter the exhibition with the same guests that were in attendance on the original date of the exhibition of the purchased VIP tickets, and the purchaser of record must prove his/her identity with photo ID.
  • A VIP ticket-holder is only entitled to admission access on his/her return visit(s) – no other VIP perks shall be available to such returning ticket-holder.
  • Limited to 1 return visit per day at the same location/venue as the original ticket during such 30-day period.
  • Return visits are not available on Saturdays.
  • No advance booking is required for return visit(s), subject to operating hours and availability to see the exhibition at the time of entry (please check our website on the date you want to re-enter to see if the exhibition is sold out).
  • Branson Immersive LLC. reserves the right to revoke this permission in its sole discretion effective immediately at any time.

PROHIBITED USES OF OUR WEBSITE

You may use our Website appropriately and only for lawful purposes and in accordance with these Terms.

You agree not to use our Website:

  • in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
  • for the purpose of exploiting, harming, or attempting to exploit or harm any person in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation
  • to impersonate or attempt to impersonate Branson Immersive LLC., a Company employee, another account user, or any other person or entity
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm Branson Immersive LLC. or account users of our Website, or expose them to liability
  • in any manner that could disable, overburden, damage, or impair our Website or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website
  • in connection with any robot, spider, or other automatic device, process, or means to access our Website for any purpose, including monitoring or copying any of the material on our Website
  • use any manual process to monitor or copy any of the material on our Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent
  • use any device, software, or routine that interferes with the proper working of our Website
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website
  • attack our Website via a denial-of-service attack or a distributed denial-of-service attack
  • otherwise attempt to interfere with the proper working of our Website.

In the event that you breach any of the foregoing, we reserve the right, in our sole discretion, to report such breach to the relevant law enforcement authorities. In such event, we will cooperate with those authorities by disclosing your identity to them.

PROHIBITED ITEMS AT EXHIBITIONS; CONSENT TO SEARCH

The following items may not be brought into any exhibition at any time and may be confiscated by exhibition staff:

  • illegal drugs
  • weapons of any kind
  • bottles
  • cans
  • any food or beverage products (including alcohol)
  • backpacks
  • duffle bags
  • paints
  • aerosols
  • indelible markers
  • any item prohibited under the Criminal Code of Canada
  • any item deemed by Exhibition Security to be inappropriate

We encourage you to leave your valuables, large bags and other personal belongings at home. For the safety of our visitors and the exhibition, all bags entering or leaving the exhibition, including purses, are subject to inspection. Patrons entering with items large bags (such as backpacks and duffel bags) will be required to check their bag at bag check for an additional fee.

ALL EXHIBITION VISITORS AND TICKET-HOLDERS CONSENT TO A REASONABLE EXAMINATION OF THEIR PERSONS AND BELONGINGS TO ENSURE COMPLIANCE WITH THESE TERMS.

RIGHT TO PUBLICITY

You understand that by attending the exhibition, you (including any minors attending the exhibition with you) may be filmed, photographed and/or otherwise recorded by Branson Immersive LLC. and/or other ticket-holders attending the exhibition, and accordingly, you hereby irrevocably (i) agree that Branson Immersive LLC. (or its designees) may film, photograph and otherwise record you, your voice, sounds, likeness, image, photograph and/or other picture (still or motion), performances, actions and appearances at the exhibition and/or around the venue of the exhibition (collectively, the “Recordings”), and (ii) grant Branson Immersive LLC. a fully-paid, perpetual right to use your name, biographical information and the Recordings (no matter how any of the foregoing are depicted or portrayed) in and in connection with any programs, productions and/or other projects of Branson Immersive LLC. (or its designees) in any manner in any and all languages, formats and media, whether now known or hereafter created, throughout the universe without restriction.

You (on behalf of yourself and any minor children for whom you are the parent and/or guardian) irrevocably waive any legal or equitable claims and remedies in connection with any use of the rights granted to Branson Immersive LLC. herein, including, without limitation, any so-called “moral rights” or rights to equitable or injunctive relief. Accordingly, Branson Immersive LLC. may edit, add to, subtract from, revise or otherwise change the Recordings in any manner (including interpolating and/or otherwise creating derivative works in combination with other materials of any kind or nature in any manner). You agree that, as between you and Branson Immersive LLC., Branson Immersive LLC. is the sole author and owner of all Recordings and all rights therein on a “work made for hire” basis as a contribution to a visual, audio and/or audiovisual work pursuant to the United States Copyright Act, as amended. Branson Immersive LLC. is not obligated to exploit the rights granted herein.

You acknowledge and agree that Branson Immersive LLC. has advised it cannot guarantee that persons in attendance will not take photos and/or video at or around the exhibition and cannot control such attendees’ use of such photos and/or video at or around the exhibition. Accordingly, you acknowledge and agree that you understand this risk by attending the exhibition and we shall not be responsible or liable for any such activities.

YOUR ATTENDANCE CONSTITUTES CONSENT TO THESE TERMS AND CONDITIONS ON BEHALF OF YOU AND ANY MINOR CHILDREN FOR WHOM YOU ARE THE PARENT AND/OR GUARDIAN, AND IF YOU DO NOT WISH TO GIVE SUCH CONSENT, DO NOT ATTEND THE EXHIBITION.

Your email address, required to complete your online order and used to send you exhibition reminders and electronic receipts, will receive ongoing special offers, priority ticket opportunities and exhibition announcements from Branson Immersive LLC..

YOU MAY OPT-OUT AT ANY TIME BY CLICKING THE UNSUBSCRIBE LINK FROM ANY EMAIL RECEIVED. YOU CAN ALSO CLICK HERE TO UNSUBSCRIBE.

The ticket-holder voluntarily assumes all risk and danger of personal injury and hazards arising from or related in any way to the exhibition, whether occurring prior to, during or after the exhibition and releases Branson Immersive LLC. and its’ subsidiaries from all liability.

ACCESSIBILITY

Venue areas, including but not limited to entrances, exists, washrooms, and gallery spaces, are generally accessible by guests.

However, please note that some platforms and balconies are not easily accessible by guests with certain disabilities. Please check back regularly for further updates, if needed.

Attendants supporting persons with disabilities receive free admission to the exhibition. Persons with disabilities may request an attendant ticket by contacting us or by visiting the box office on arrival at the exhibition.

Any person with a disability who is accompanied by a support person is allowed to enter the exhibition premises with his or her support person. At no time will a person with a disability who is accompanied by a support person be prevented from having access to his or her support person while on the exhibition premises.

A visitor with a disability may need to use an alternate means of communication to ask for and understand information provided by Branson Immersive LLC.. We will identify and offer effective and courteous two-way communication with a visitor with a disability.

Service animals are welcome in all public-facing areas of the exhibition. We request guests with non-traditional service animals to contact the exhibition in advance of their visit. Guests bringing a service animal without visible identification may be asked for documentation from healthcare provider.

NEWSLETTERS, EVENTS, AND SPECIAL OFFERS

Email. You will be automatically enrolled in our email lists by purchasing a ticket or signing up on our website(s). Your email address are required to complete your online order. Your email address will be used to send you an electronic receipt as well as show reminders. Should you wish to no longer receive ongoing special offers, priority ticket opportunities and exhibition announcements from Branson Immersive LLC. you may opt-out at any time by clicking the unsubscribe link from any emails received, emailing info@lighthouseimmersive.com.

SMS. By signing up on lighthouseimmersive.com or lighthouseartspace.com or selecting the SMS opt in checkbox located at checkout you confirm that you would like to join Lighthouse Interactive SMS mailing list: By opting in you agree to the Terms and conditions listed here. You also confirm that Branson Immersive LLC. is authorized to add the telephone number(s) above and give your written consent to receive SMS message from Lighthouse Interactive. Message frequency may vary. Msg & Data Rates May Apply. To opt out txt STOP. You may be subject to charges for such SMS messages. ‍

INFORMATION COLLECTED VIA SMS OPT-IN WILL NOT BE SOLD, RENTED OR SHARED.

NEWSLETTERS, EVENTS, AND SPECIAL OFFERS FOR The F1® Exhibition Toronto presented by TSN

Email. You will be automatically enrolled in our email lists by purchasing a ticket or signing up on our website(s). Your email address will be used to send you an electronic receipt as well as show reminders, special offers, priority ticket opportunities and event announcements from Round Room Live Inc and Branson Immersive LLC. Inc. You can unsubscribe from promotional marketing at any time using the unsubscribe link in emails. Should you wish to no longer receive ongoing special offers, priority ticket opportunities and exhibition announcements from Branson Immersive LLC. you may opt-out at any time by clicking the unsubscribe link from any emails received or by emailing info@lighthouseimmersive.com. To unsubscribe from any emails received from Round Roome Live Inc, please visit https://roundroomlive.com/

SMS. By signing up on lighthouseimmersive.com or lighthouseartspace.com or selecting the SMS opt in checkbox located at checkout you confirm that you would like to join Lighthouse Interactive SMS mailing list: By opting in you agree to the Terms and conditions listed here. You also confirm that Branson Immersive LLC. is authorized to add the telephone number(s) above and give your written consent to receive SMS message from Lighthouse Interactive. Message frequency may vary. Msg & Data Rates May Apply. To opt out txt STOP. You may be subject to charges for such SMS messages. ‍

INFORMATION COLLECTED VIA SMS OPT-IN WILL NOT BE SOLD, RENTED OR SHARED.

PROPRIETARY RIGHTS

Our Website and its entire contents, our products, and the photographs of our models and our products (including but not limited to all information, trademarks, marks, service marks, displays, images, video and audio and the design, selection, and arrangement thereof) (collectively and individually, the “Materials”) are owned by Branson Immersive LLC., its licensors, including the Disney companies, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws. You promise and agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Branson Immersive LLC. Materials. Use of the Branson Immersive LLC. Materials for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

You may choose to submit to us comments or suggestions about our Website and our products. By submitting a comment or suggestion, you understand and agree that we have the unlimited right to use those comments or suggestions for any purpose, without any compensation or attribution to you.

SECURITY

We have implemented reasonable technical, security and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. For more information, see our Privacy Policy. Notwithstanding these reasonable measures, we cannot guarantee that someone will not be able to access your information without our or your permission. It is your choice whether or not to provide information to us through our Website.

THIRD-PARTY SERVICE PROVIDER

When you proceed to checkout, your information will be transmitted to our third party payment processors (Ticketmaster (Universe.com), Stripe and Producer360 (TickX) to process payments for us. We also use third party providers to prevent fraud in our transactions. See our Privacy Policy for more information about our third party providers Privacy Policy.

INDEMNITY

To the fullest extent allowed by law, you agree to defend, indemnify and hold harmless Branson Immersive LLC. and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs. debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) claims relating to your conduct at any of our exhibitions; (iii) your violation of any term of these Terms of Use (iv) your violation of any third-party right, including without limitation any right of privacy, intellectual property rights or any contractual or proprietary rights; and/or (v) your violation of any law, rule or regulation of the United States or any other country.

DISCLAIMERS AND LIMITATION OF LIABILITY

OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXREPSSLY STATED HEREIN, OUR WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Branson Immersive LLC., ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON OUR WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT OUR WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Branson Immersive LLC., ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES OR ITS LICENSORS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT ARISE FROM OR RELATE TO THE TERMS OF USE, OUR WEBSITE OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL Branson Immersive LLC. BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR WEBSITE OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Branson Immersive LLC. AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, MEMBERS, EMPLOYEES AND/OR LICENSORS HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT, MATERIALS, DATA OR INFORMATION; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR OUR EXHIBITIONS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, INFORMATION OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT, DATA OR INFORMATION POSTED, UPLOADED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR WEBSITE; AND/OR (VI) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL Branson Immersive LLC. AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS OR OUR LICENSORS, SUPPLIERS OR VENDORS BE LIABLE TO ANY USER IN THE AGGREGATE FOR ANY AND ALL CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS ARISING OUT OF OR RELATING TO THE TERMS OF USE, THE PRODUCTS, OUR EXHIBITIONS OR OUR WEBSITE IN AN AMOUNT EXCEEDING THE AMOUNT, IF ANY, THAT SUCH USER HAS PAID TO Branson Immersive LLC. FOR THE TICKETS OR PRODUCTS PURCHASED THROUGH OUR WEBSITE GIVING RISE TO THE CLAIM.

THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE CLAIM OR ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Branson Immersive LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOUR JURISDICTION MAY NOT ALLOW OR ENFORCE THESE DISCLAIMERS AND/OR LIMITATIONS.

GOVERNING LAW

These Terms of Use shall be governed by the internal substantive laws of the State of New York without respect to its conflict of laws principles.

ARBITRATION; NO CLASS ACTION

To the fullest extent allowed by law, neither you nor we will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Further, to the fullest extent allowed by law, no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

You and we agree to arbitrate all disputes that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights and the arbitration will be binding. This includes all disputes regarding any current, past of future purchase or event, between you and us regarding our exhibitions, tickets and products, this Agreement or our Website, and whether the claims is based on contract, tort, warranty, statute, regulation, or other legal or equitable basis. We both agree by this undertaking that the arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation,
applicability or enforceability of these Terms of Use, the Privacy Policy or the formation of this Agreement, including the arbitrability of any dispute and any claim that all or any part of this Agreement is or are void or voidable. You are waiving any and all rights you may have to litigate a dispute in court before a judge or jury. The arbitration will be conducted in New York, New York and in accordance with JAMS.

If you or we have a dispute with the other, one of our exhibitions or our Website or our Agreement, notice must first be sent to the other party, including:

  • name, address, and contact information of the party giving the notice
  • the facts that are the basis of the dispute
  • the remedy sought (e.g., a refund).

For notices to us regarding a dispute, they must be emailed to: marketing@lighthouseimmersive.com with a copy mailed to info@lighthouseimmersive.com.

If we have a claim against you, we will notify you by the contact information you have provided to us.

We and you will then use good faith efforts to resolve through informal negotiations the dispute. If, despite these good faith efforts, we cannot reach an agreed resolution within 60 days, then, you or we may commence an arbitration proceeding. Arbitration will be conducted in New York, New York, or if you and we agree remotely.

Binding arbitration will be administered by one arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

NOTIFICATION PROCEDURES

Other than for disputes, Branson Immersive LLC. may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Branson Immersive LLC. in our sole discretion.

Branson Immersive LLC. reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Use and our Privacy Policy.

ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER

These Terms of Use, our Privacy Policy and your agreement to pay for the tickets and products you buy through our Website create the entire agreement with respect to your use of our Website and the tickets and products you buy from us and your access and visit to our exhibitions.

If any provision of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Branson Immersive LLC.’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

CONTACT US

Our Website is owned and managed by Branson Immersive LLC..

All feedback, comments, requests for technical support and other communications relating to our Website or our products can be sent to us at:

Branson Immersive LLC. Studios Inc.

640 Briar Hill Avenue

Toronto, M5N1N2

Canada

marketing@lighthouseimmersive.com