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Terms of Service

Effective: September 27th, 2023

 

The following Terms of Service (these “Terms”) govern your use of the website located at https://houseofhorrorcarnival.com/ (the “Website”), which is owned and operated by Loud And Live Engage, LLC (“Loud and Live”, “we”, “our”, or “us”), and participation in the House of Horrors carnival (the “Event”).  We may, in our sole and absolute discretion, cancel, change, suspend or modify any aspect of the Website at any time, without notice to you.  It is important to check the Website and these Terms periodically. 

Your access and use of the Website is subject to the following Terms and all applicable laws.  By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms.  If you do not agree with all these Terms, you may not use any portion of the Website.

THESE TERMS OF SERVICE GOVERN HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED.  SPECIFICALLY, THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE US TO ARBITRATE INSTEAD OF GOING TO COURT, AND REQUIRE THAT ALL CLAIMS BE BROUGHT INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER.  SEE SECTION 18 BELOW, FOR MORE DETAILS.

 ACCESSIBILITY: IF YOU ARE HAVING ANY TROUBLE ACCESSING THE WEBSITE, PLEASE CONTACT US AT INFO@ENGAGELIVELLC.COM

COVID 19 WARNING:  An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after an event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against the Released Parties (as defined herein) relating to such risks, hazards, and danger.

  1. Authorized Use of Website

This Website is provided for your personal and non-commercial use. Any other use of the Website requires the prior written consent of Loud and Live.

  1. Unauthorized Use of Website

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Website within another website or application.  You may not resell use of, or access to, the Website to any third party without our prior written consent. 

  1. Proprietary Rights

Loud and Live is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Loud and Live to display the materials, such as portfolio works, client logos, likeness, and trademarks and other proprietary materials.  By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website.  All rights not granted under these Terms are reserved by Loud and Live.

  1. No Ideas Accepted

Loud and Live does not accept any unsolicited ideas from outside the Loud and Live, including, without limitation, suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and Loud and Live assumes no obligation, expressed or implied, by considering it. You further understand that Loud and Live shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Loud and Live.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Loud and Live an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you. 

  1. Prohibited Activities

Loud and Live expects its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Website or while using the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities.  Without limitation, you agree that you will not engage in the following activities:

  • Submit or provide links to:
    • Any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights.
    • Any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication.
    • Any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable.
    • Any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
  • Restrict or inhibit any other person from using the Website.
  • Use the Website for any unlawful purpose.
  • Impersonate any person or entity, whether actual or fictitious, including any employee or representative of the Loud and Live.
  • Engage in spamming or flooding.
  • Harvest or collect information about Website users.

At the Event, you are prohibited from smoking, running, eating, drinking, touching the actors, customers, or props. You must take off all jewelry before entering the Event. High-heels are not permitted. You must wear close-toed shoes at all times in the Event. We do not permit the use of video or flash photography inside the Event. Sources of light not provided by Loud and Live are prohibited, included phone lights and non-permitted flashlights. If you do not follow these rules, you will be asked to leave the Event, and no refund will be given.

  1. Ticket Purchases

Loud and Live does not sell tickets on this Website.  All tickets must be purchased from its partner Showclix Inc. (“Showclix”) whose terms of service will govern the purchase of any tickets accessed through this Website, including any refunds or exchanges.  You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes.  You agree that you will not hold the Released Parties (defined herein) liable for any claims arising out of any ticket purchases or transactions.

You will not use ticket bot technology to search for, reserve, or purchase tickets through the Website; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Website, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Website that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.

 

  1. Corrections and Upgrades

 

We attempt to be as accurate as possible and eliminate errors on the Website, however, we do not warrant that any product, service, ticket or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct such error and otherwise change or update the information on the Website at any time without notice.

Loud and Live continually upgrades and revises the products, services and tickets promoted on this Website.  Loud and Live may revise, discontinue or modify products, services or tickets at any time without prior notice to users, and products, services or tickets may become unavailable without notice. Released Parties shall have no liability of any kind if a product, service or ticket that has been ordered is unavailable.

  1. No Warranties

WHILE LOUD AND LIVE USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. LOUD AND LIVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND LOUD AND LIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LOUD AND LIVE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LOUD AND LIVE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOUD AND LIVE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL LOUD AND LIVE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEBSITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Website. 

  1. Disclaimer, Assumption of Risk, and Release

Loud and Live reserves the right to refuse admission to anyone. You will experience intense audio, lighting, extreme low visibility, strobe lights, fog machines, dark spaces, special effects, and overall physically demanding environments with possible uneven terrain. You should NOT participate in the Event if you suffer from asthma, heart conditions, physical ailments, respiratory or any type of medical problem, claustrophobia, any mental illness, are prone to seizure, or are pregnant.

Do not participate in the Event if you are intoxicated, wearing any form of cast, medical brace, using crutches, or have any type of physical limitations. Do not enter the attractions if you are taking any type of medication or using drugs of any type. You will not be admitted if any of these conditions are notified to our staff.

By entering the haunted houses at the Event, you acknowledge that the attractions may be inherently dangerous and that they are extremely dark. Enter at your own risk. You must be extremely vigilant. In consideration and acceptance of admission to the Event, you voluntarily assume the risk of personal injury or death, and agree to release Loud and Live and its affiliates, officers, directors, and employees from any and all actions, liabilities, damages, losses, costs, expenses, claims or demands, whether known or unknown, foreseen or unseen, of any kind or nature, arising directly or indirectly in connection with your participation in the Event. This release shall apply to any loss of or image to your personal property, and to any personal injury (including death) that you suffer, including, without limitation, any loss, damage or injury sustained or allegedly sustained by you due to our negligent acts or omissions.

  1. Waiver By California Residents:

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, 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.”

  1. Video and Photography

Loud and Live may take and use images and video of all guests at the Event. Loud and Live at all times reserves the right to videotape patrons, and take still images, and to utilize those images and videos for any reason, including marketing, advertising, promotion, on social media, live streaming on the Internet, for safety and security, for documentation as evidence in a legal or criminal matter or other investigation, for news reporting, and otherwise in an unrestricted manner for legitimate purposes. All property ownership of such materials, and copyright in and to all such materials, shall belong exclusively to Loud and Live in perpetuity, without any compensation or other consideration to any guest or other person in, on or around the Event property, including the parking lot.

  1. Third Party Links:

This Website may contain links to other websites or applications not maintained by Loud and Live. Other websites or apps may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website or app that you visit.  We are not responsible for the practices or the content of such other websites or apps. Through your use of the Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party but all limitations of liability and other rights of Loud and Live shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Website. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.

  1. Changes to Terms:

All information posted on the Website is subject to change without notice.  In addition, these Terms may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently.  Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

  1. Indemnification:

You agree to indemnify, defend and hold harmless Loud And Live, Showclix, and their respective  employees, directors, officers, agents, business partners, affiliates, subsidiaries, contractors, distribution partners and representatives (collectively, “Released Parties”) from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) your use of any tickets accessed or purchased through the Website, and (ii) any breach by you of any of these Terms, our Privacy Policy [insert hyperlink], or applicable law. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.

  1. Severability:

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

  1. Waivers; Remedies:

The failure of Loud and Live to partially or fully exercise any rights or the waiver of Loud and Live of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Loud and Live or be deemed a waiver by Loud and Live of any subsequent breach by you of the same or any other term of these Terms.  The rights and remedies of Loud and Live under these Terms and any other applicable agreement between you and Loud and Live shall be cumulative, and the exercise of any such right or remedy shall not limit Loud and Live’s right to exercise any other right or remedy.

  1. International Access:

Our Website is provided from the United States of America and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the Website.  We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A. 

  1. Resolution of Disputes:

 

  1. Governing Law: The laws of the State of Florida shall govern these Terms.

 

  1. Arbitration: While we will make reasonable efforts to resolve any disagreements you may have with Loud and Live, if these efforts fail you agree that all claims, disputes or controversies between you and the Loud and Live arising out of these Terms, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor these Terms and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice. In arbitration, however, (i) there is no judge or jury (ii) the proceedings and outcome are generally subject to certain confidentiality rules, (iii) the discovery process is limited, and (iv) a court’s review of the arbitrator’s ruling is extremely limited.

 

The party filing arbitration must submit Claims to the American Arbitration Association (“AAA”) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and Loud and Live agree in writing. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, and forms and instructions for initiating arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA’s website at www.adr.org. 

 

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAA’s then-current Consumer Arbitration Rules (the “AAA Rules”), unless those AAA Rules are inconsistent with these Terms, in which case these Terms govern.  The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules.  Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator’s award is final and binding on the parties.

 

The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction.

 

  1. Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LOUD AND LIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, “PRIVATE ATTORNEY GENERAL” ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

 

If, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to these Terms holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in court in Florida.

 

  1. Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

 

  1. Miscellaneous

These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” These Terms, including any terms incorporated herein, consist of the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.

  1. Contact Us

 

Should you have any questions regarding these Terms you may contact us at info@engagelivellc.com.