TERMS OF USE

 

The following are the Terms of Use (these "Terms") that govern use of the prxi.com and all other websites owned and/or operated by Premier Exhibitions, Inc., its subsidiaries and affiliates  (collectively, the "Site"). By visiting the Site, you expressly agree to be bound by these Terms and follow all applicable laws and regulations governing the Site. Premier Exhibitions, Inc. and each of its respective subsidiaries and affiliates (collectively “Premier Exhibitions” or "we") reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate these Terms, we may terminate your use of the Site, bar you from future use of the Site, cancel tickets you receive through the Site, cancel your ticket order, and/or take appropriate legal action against you.

Permitted Use
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
We may provide you with opportunities to contribute to the Site, which may include, but not be limited to providing comments about our products, services and exhibitions. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as "User Content". You are solely liable for any User Content you post on the Site, and any material or information that you transmit to other users of the Site and for your interactions with other users. Please choose carefully any information that you post on the Site. We are not liable or responsible for any User Content. The contributions of third parties do not necessarily represent the view or opinions of Premier Exhibitions nor do we endorse or control them. We may not preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us at legal@prxi.com. We may investigate your claim and take appropriate action in our sole discretion.

Links
The Site may link to third party sites throughout the World Wide Web. We have no control over these sites or the content within them. We cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to link to another site, you agree and understand that you may not make any claim against Premier Exhibitions for any damages or losses, whatsoever, resulting from your use of the Site using links to another site. If you have a problem with a link from the Site, please notify us at legal@prxi.com and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

Prohibited Content
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:

  • Is patently offensive to the online community, including promoting racism, bigotry, hatred or physical harm of any kind against any group or individual; harassing or advocates harassment of another person;
  • Could be harmful to minors;
  • Involves the transmission of or collection of User names or email addresses by electronic or other means including for the purpose of sending "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming;"
  • Promotes false or misleading information or promotes illegal activities or abusive, threatening, obscene, defamatory or libelous conduct;
  • Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Displays pornographic or sexually explicit material of any kind or links to a website containing such content;
  • Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • Includes the name, photograph or other likeness of any person that you have posted without that person’s consent;
  • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
  • Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Offline Conduct
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.

Commercial Use
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 Exhibitions Inc.'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:

  • Use any robot, spider or other automatic device, process or means to access the Site.
  • Use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission.
  • Use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval.

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
Any Illegal or unauthorized use of the Site shall constitute a violation of these Terms of Use. You do not have permission to access the Site in any way that violates, directly or indirectly, these Terms of Use. Illegal or unauthorized use of the Site includes, but is not limited to, using the site to facilitate illegal ticket sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated process on the Site.

Suspected Violation of these Terms of Use or Law; Injunctive, Equitable Relief, and Liquidated Damages
Violations of these Terms of Use, including Unauthorized Use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Premier Exhibition’s sole discretion, and without prior notice, we may terminate your access to the Site, cancel your ticket order or tickets acquired through your ticket order, cancel your ticket postings, remove any unauthorized User Content or exercise any other remedy available, if we believes that your conduct or the conduct of any person with whom Premier Exhibitions believes you act in concert, or the User Content you provide, or any resale of such tickets purchased through the Site, violates or is inconsistent with these Terms or the law, or violates the rights of Premier Exhibitions, a client of Premier Exhibitions or another user of the Site. You agree that monetary damages may not provide a sufficient remedy to Premier Exhibitions for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

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.

Privacy
We believe that your privacy and the privacy of all our users is important. These Terms are subject to the Privacy Policy, which is hereby incorporated by reference. Premier Exhibitions will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party to whom Premier Exhibitions is allowed to disclose your contact information under the Privacy Policy. If you post any User Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. When we say in these Terms "post" we mean the provision of information (including, but not limited to, "User Content") to the Site through features of the Site that are used to make information available to other members of the public (e.g., user reviews, etc.). Information that is posted to the Site shall not be subject to the Privacy Policy and may be publicly displayed and disclosed and otherwise used by Premier Exhibitions in any way. By posting User Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use such User Content. You should not post information about yourself on the Site that can be used to identify or contact you, including, but not limited to, your name, home or work address, phone numbers, pagers, email address or other such information. If you post such information, we cannot prevent it from being used in a manner that violates these Terms, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms, and you assume the risks and sole liability for the results of such posting.

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.

Copyright Policy
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 users' 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.

 

Disclaimers
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.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to legal@prxi.com. We may investigate the claim and take appropriate action, in our sole discretion.

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.

Disputes
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.

Indemnity
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.

Trademarks
© 2008 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.

Last Updated: July 21, 2008