Terms and Conditions

Terms and Conditions of Use: Arabian Nights

The website www.arabian-nights.com and tickets.arabian-nights.com (collectively, the “Website“ or “Site“) is provided to you by Park Equus, Inc. (“Park Equus“, “we” or “us“). To assist you in using our Website, and to explain the relationship arising from your use of our Site and the services offered through it, we have created (i) these Terms and Conditions of Use (the “Terms“), and (ii) a Privacy Policy. Our Privacy Policy (“Privacy Policy“) explains how we treat information you provide to us through the Site. These Terms govern your use of our Site. Both our Terms and Privacy Policy apply to: (i) visitors to our Site, (ii) anyone ordering tickets through our Site or using our other services; and (iii) our Arabian Nights Members (collectively, ”you” and “your“). These Terms apply only to your use of this Website, and receipt of services, information, or other materials through the Site. These Terms do not apply to other goods, services, or information you obtain from us through other means.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE.

1. Your Agreement.
   These Terms govern your use of the Website. Please read these Terms carefully as they impose legal obligations on you and us. By using the Website you consent to these Terms. In addition, for certain activities on the Site, we may further confirm your consent to these Terms by asking you to click an “I accept” button, referring to these Terms.
2. Obtaining a Password; Use of Your Password.
   We may make certain areas of our Site accessible only to those users that have a password. If we do so, and if you obtain a password, please keep in mind that we will treat anyone who uses your password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user id (generally your email address) and password in confidence, and that you refrain from disclosing this information to anyone who might ”pretend” to be you with respect to your use of our Website. We also recommend that you notify us immediately if you suspect that someone is using your password in this manner.
3. Grant of Rights to You.
   1. Grant of Rights to You for Non-Commercial Purposes. Based on your agreement to comply with these Terms, we grant you the right to access and use (a) all publicly available Website Services and Website Content, and (b) if you are properly registered, all Website Services and Website Content available in password
      protected areas of our Website, in order to: (i) learn more about our products, services, shows and other available information, (ii) contribute information to our Site through our blogs, feedback pages and other available means, (iii) register with our Site and become an Arabian Nights Member; and (iv) download pages from our Website onto one (1) computer hard drive (collectively “Permitted Purposes”). You further acknowledge and agree that the Website Content and Website Services are made available solely for your personal, non-commercial use, and that the Permitted Purposes allow only personal, non-commercial use. Any other use of the Website Content, the Website Services, or the Website is strictly prohibited.
   2. Grant of Rights to You for Commercial Purposes. Based on your agreement to comply with these Terms, we rant you the right to download, copy and publish Press Releases that we expressly make available to you in connection with your sales and marketing efforts, provided (i) that you do not modify the Press Release (by way of example, and not limitation, you may not only disseminate a photograph contained in a Press Release along with materials that you distribute to your customers or remove any trademarks or other marks of attribution – you must provide the entire Press Release in an unaltered format), and (ii) you do not use the Press Release in any manner that could be construed as defamatory, disparaging, harmful
      or otherwise offensive. Any other use of the Press Releases is strictly prohibited. Moreover, you expressly acknowledge and agree to immediately cease any and all uses of the Press Release if we object to your use for any reason, and that this right is in addition to any other remedies available to us.
4. Park Equus Ownership; Reservation of Rights.
   All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website or embodied in our Website Services, including all associated intellectual property rights (collectively, the “Website Content“), are the property of Park Equus and its licensors, or are used under principles of fair use. Park Equus retains all rights with respect to the Website, the Website Services, and the Website Content except those expressly granted to you in Section 3 (Grant
   of Rights to You).
5. Submitted Content.
   The term “Submitted Content” means information you submit to our Site including, but not limited to: (i) material you provide to our blog pages, (ii) reviews you submit about our shows, (iii) feedback that you provide to us through our Site, (iv) questions or comments that you submit to us, (v) images and audiovisual
   files that you submit to us; and (vi) any other information or material you provide to us. Submitted Content expressly excludes Personal Information, as set out in our Privacy Policy, except where you include such Personal Information within material you submit for public posting on our Site. 
   1. Grant of Rights in Submitted Content. By providing Submitted Content, you authorize us to copy, modify, display, distribute, perform, use
      and otherwise exploit the Submitted Content it in any manner, without compensation to you, and for so long as we deem warranted (collectively, the “Use Rights“). In addition, you authorize us to grant any third party some or all of the Use Rights. By way of example, and not limitation, the Use Rights include the right for us to publish the Submitted Content on our Website in whole or in part, and whether cropped, adopted, altered or otherwise manipulated for as long as we choose.
   2. Requisite Permissions for Posting of Content. By providing Submitted Content, you warrant and represent that you own such Submitted Content (including any copyright and other intellectual property rights therein), or that you have obtained sufficient authority and right to the Submitted Content in order to provide us with the Use Rights. For example, by providing us with a photograph for posting on our Website, you represent and warrant to us that you have obtained the necessary permissions from anyone appearing in the photograph to grant us the Use Rights in the photograph.
   3. Submitted Content that Contains Personal Information. If you provide Submitted Content to the Website, by way of electronic mail or otherwise, we will treat such Submitted Content as non-confidential and non-proprietary to you. Submitted Content that you provide to us for posting on the Website may, once posted, be publicly available to anyone accessing our Website. Although we may review Submitted Content prior to using it, we make no warranties or representations regarding any Submitted Content or our review of said Submitted Content. In addition, any Personal Information that is included in Submitted Content will be treated as public Submitted Content and is expressly excluded from the definition of “Personal Information.” For example, you may include your name, mailing address, and email address on our blog page. This information will be publicly available, and will no longer qualify as Personal Information. As such, please use discretion when including Personal Information and other details in the Submitted Content you provide to us.
   4. Right to Decline Submitted Content. We expressly reserve the right to refuse to use (or to disable) any Submitted Content that we conclude, in our sole discretion, either violates these Terms or our Privacy Policy, or is incompatible with the purposes of our Website.
   5. Requisite Permission for Names and Email Addresses. In providing us with a friend’s name and email address when using the “send to a friend” option available on the Site, you represent and warrant that you have first obtained permission from your friend to do so.
6. Code of Conduct.
   By using our Website, you agree to comply with these Terms, and to follow our Code of Conduct, which is set out below. Under this Code, you will not: 
   • Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
   • Seek to obtain access, through “hacking,” “scraping,” or other means, to material
     or information that we have not intentionally made available to you on the Website.
   • Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
   • Violates or infringes any rights including, but not limited to, rights of intellectual property, confidentiality or privacy, held by us or any third party.
   • Transmit material through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously
     intercept, or expropriate any system, data, or personal information.
7. Revocation or Suspension of Use Privileges.
   We reserve the right at any time to terminate or suspend your use of some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.
8. Links to Third-Party Sites; Information Accuracy.
   We may, from time to time, provide links to other websites or resources. We have no control over these other websites or their content, and do not assume responsibility or liability for any content, opinions, materials, or services available on them. We do not warrant that any third-party website will be free of computer viruses or other harmful code that can impact your computer or other web-access device. If you link to a third-party website through our Website, please be aware that you are doing so at your own risk. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not
   responsible or liable, directly or indirectly, for the privacy practices or the content (including, but not limited to, misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. 

   In addition, while we may review information (including, but not limited to, Submitted Content) before it is posted on our Site, we do not undertake to validate the accuracy and timeliness of information on the Site. If you have questions concerning the accuracy, timeliness, or completeness of the information on our Site, we encourage you to contact the source of that information directly.

9. Warranty Disclaimer.
   Our Website provides two broad forms of goods and services that fall within two broad categories: (i) tickets that you may order from our Site by completing the reservation form and paying requisite amounts (“Ticket Orders“); and (ii) services, information, and other benefits you are able to obtain simply by visiting our Site, and without the need to complete a reservation form and pay us fees (collectively, “Website Services“). 
   1. Exclusive Remedy for Ticket Orders. We agree to engage a reputable Payment Processor (as that term is defined in the Privacy Policy) to process
      payments for Ticket Orders. If we do so, and if you do not receive your ordered tickets, we will make a reasonable effort to have the Payment Processor refund amounts you paid to the Payment Processor. You acknowledge and agree that the remedy set out in this Section 9.1 (Exclusive Remedy for Ticket Orders) is your sole and exclusive remedy for any breach of our obligations under this Section 9.1 (Exclusive Remedy for Ticket Orders).
   2. Disclaimer of All Other Warranties. Neither we nor (where applicable) any of our Site Vendors promise that Website Services, the Website Content, or the Website itself will be error-free, uninterrupted, or without inaccuracies. The Website, and all of Website Services and Website Content are provided on an “AS IS” and “AS AVAILABLE” basis. Neither we nor (where applicable) any of our Site Vendors warrant or represent that files you download from the Website shall be free of viruses, free of inaccuracies, or free of other harmful features. We shall not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website. If a fault occurs in any Website Service or Ticket Orders you should report it to us and we may attempt to correct the fault within a reasonable time. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARK EQUUS, INC. AND THE SITE VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ALL WEBSITE SERVICES, ALL WEBSITE CONTENT, AND TICKET ORDERS. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED WEBSITE SERVICES, WEBSITE CONTENT, AND TICKET ORDERS IS AT YOUR SOLE RISK.
10. Limitation of Liability.
    UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL PARK EQUUS, INC. OR ITS SITE VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE WEBSITE, THE WEBSITE SERVICES, WEBSITE CONTENT, OR TICKET ORDERS. IN NO EVENT SHALL PARK EQUUS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE, WEBSITE SERVICES, WEBSITE CONTENT, OR TICKET ORDERS EXCEED THE LESSER OF (i) U.S. $250.00, OR (ii) THE AMOUNTS ACTUALLY PAID BY YOU TO PARK EQUUS, INC. FOR TICKETS.
11. Indemnification.
    You agree to defend, indemnify, and hold Park Equus and its subsidiaries, affiliates, officers, directors, agents, and employees of each harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or a claim that Submitted Content or other material that you provide to us violates rights held by a third party.
12. Contact for Alleged Copyright Infringement.
    We respect the intellectual property rights of others and require that its users do the same. If you believe that any content available on our Site or any other activity taking
    place on the Site constitutes infringement of a work protected by copyright law, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA“) to respond to such concerns, as follows: 

    Arden Tilghman
    3081 Arabian Nights Blvd
    Kissimmee, FL 34747
    407-589-2425
    Copyrightagent@arabian-nights.com

    Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.

13. Additional Terms for Certain Services.
    We may offer certain services on our Website that are subject to additional or different terms and conditions. We will notify you if the service you are using on the Website is subject to terms and conditions that differ from these Terms, and you may decline to participate in such services if you do not agree with the differing terms and conditions.
14. Monitoring of Website Use.
    You acknowledge and agree that we have the right and discretion to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints relating to the Website and take any action that we believe is appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access to the Website).
15. Modifications to Site.
    You acknowledge and agree that we have the right and discretion to modify or withdraw, temporarily or permanently, the Website (or any part of it) without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to, or withdrawal of, the Website.
16. Modifications to These Terms.
    We have the right and discretion to change these Terms from time to time, and your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change, with such change taking effect proactively. You should check back here regularly as you will be bound by these Terms every time you visit the Website. If you do not agree to any change to the Terms, then you must immediately stop using the Website.
17. Assignment.
    These Terms shall not be assignable by you, either in whole or in part. We reserve the right to assign our rights and obligations under these Terms.
18. Definitions.
    1. “Arabian Nights Members” means those users of our Site that register to become Arabian Nights Members.
    2. “Park Equus,” “we,”“us,” and “our” refer to Park Equus, Inc.
    3. “Personal Information” means information that could reasonably be used to identify you, including your name, home address, email address, birth date, credit card information, telephone number or any combination of this information or similar information that could be used to personally identify you, as further defined in our Privacy Policy.
    4. “Press Release” means a statement, article, or review made available on our Website and that is expressly identified as a press release by us.
    5. “Site Vendors” means those companies and individuals to carry out functions on our behalf including delivering packages, sending mail, providing marketing assistance, analyzing data, providing customer service, and general support and maintenance of our Website and its operations.
    6. “Submitted Content” is defined in Section 5 (Submitted Content) of these Terms.
    7. “Website Content” has the meaning set out in Section 4 (Park
       Equus Ownership; Reservation of Rights).
    8. “Website Services” has the meaning set out in Section 9 (Disclaimer of Warranties).
    9. “You” and“your“refer to: (i) visitors to our Site, (ii) anyone using Services offered through our Website; and (iii) Arabian Nights Members.
19. Translations.
    These Terms may be translated into languages other than English (collectively, “Translations“). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either these Terms or the
    Translations shall be conducted in English, and the English version of these Terms shall control over the Translations.
20. Survival.
    The following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 4 (Park Equus Ownership; Reservation of Rights), (ii) Section 5 (Submitted Content), (iii) Section 8 (Links to Third-Party Sites; Information Accuracy), (iv) Section 9 (Disclaimer of Warranties), (v) Section 10 (Limitation of Liability), (vi) Section 11 (Indemnification), (vii) Section 20 (Survival); and (viii) Section 22 (General).
21. Contact Us.
    We welcome your feedback or suggestions. Please contact us at: webmaster@arabian-nights.com 

    Please refer to Section 12 (Contact for Alleged Copyright Infringement) above if you wish to contact our DMCA agent about matters related to possible copyright infringement.

22. General.
    1. Governing Law; Venue. These Terms shall be governed by and construed in accordance with the laws of Florida, without regard to its conflicts
       of law principles. The parties agree that State and Federal Courts in the judicial district in which Park Equus’ principal place of business is located shall have exclusive jurisdiction over disputes under these Terms (to the exclusion of all other forums). The parties hereby expressly consent to personal jurisdiction and venue in such courts
       contemplated in this Section 22.1 (Governing Law; Venue).
    2. Compliance with Applicable Laws. You represent and warrant that, by accessing and using the Website, you will not violate any laws or regulations that apply to you.
    3. Claims Against Other Users. You agree that in the event that you have any right, claim or action against visitors or other users of our Website arising out of that person’s use of the Website, then you will pursue such right, claim or action independently of, and without recourse to, us.
    4. Force Majeure. Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
    5. Severability; Waiver. If any part of these Terms is found to be invalid by any court or other regulatory or competent body, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of these Terms shall not operate or be interpreted as a waiver of any other or subsequent breach.
    6. Cumulative Effect. The rights, powers and remedies provided by these Terms are cumulative and, except as otherwise provided in these Terms, are not exclusive of any rights, powers and remedies provided by law.
    7. Headings. Headings used in these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect these Terms.
    8. Notice. Any notices or communications that you send to us must be sent to customer services at webmaster@arabian-nights.com, or in writing to Park Equus at 3081 Arabian Nights Blvd, Kissimmee, FL 34747. Any notices or communications that we send to you will be sent to the email address you registered with us.
    9. Order of Precedence. These Terms must be read in conjunction with our Privacy Policy, and the provisions of our Privacy Policy are incorporated herein. To the extent the Terms conflict with the Privacy Policy, the terms of the Privacy Policy shall control.
    10. Entire Agreement. These Terms and the terms and conditions contained herein set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

Effective Date: December 1, 2009.

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