Terms & Conditions
Thank you for visiting The Dancing Horses Theatre website. Please take the time to read and understand our site’s Terms and Conditions, which include our Copyright Policy and our Privacy Policy. Furthermore, if you are purchasing tickets to a show through this website, please take time to read and understand our Purchase Agreement. This is a legal document that describes your rights and responsibilities as a user, including important information on the purchase of tickets.
By using our website, you agree to these Terms and Conditions. Therefore, if you do not agree to these Terms and Conditions or any other policies of The Dancing Horses Theatre, do not use this website.
The Internet is evolving, and so is The Dancing Horses Theatre. This means that there will be changes to our website, and The Dancing Horses Theatre may modify the website’s Terms and Conditions from time to time. Any modifications to our Terms and Conditions will be included on this page, and your use of the website after modifications have been made constitutes acceptance of the Terms and Conditions as modified.
Content
This website contains information including, without limitation, reports, data, applications, special offers, press releases, photographs, graphics, text, images, logos, icons, designs, software, audio and video material, trademarks, copyrights, other intellectual property and proprietary rights and other material (“Content”) belonging to The Dancing Horses Theatre or to its affiliates and other related entities, sponsors, partners, representatives, all other persons acting on behalf of The Dancing Horses Theatre and other third parties.
By using this website, you acknowledge and agree that all Content and the compilation of the Content, is protected by copyright, trademark and other intellectual property and proprietary rights in effect in the United States, and elsewhere, and that these rights are valid and protected in all forms, mediums and technologies that exist now or are developed or created in the future. No right, title or interest in any Content on this website, including, but not limited to, The Dancing Horses Theatre logos and other marks, is transferred to you as a result of your use of this website and The Dancing Horses Theatre reserves complete title and full intellectual property rights in and to such Content.
Without limiting the generality of the foregoing, you acknowledge that this website contains trademarks, products, services, company names, logos, intellectual and proprietary rights and other material of third parties (“Third Parties Rights”) and that such Third Parties Rights belong to their respective owners. It is forbidden to copy, modify, amend, delete, augment, publish, transmit, create derivative works of, create or sell products derived from, display or post, or in any other way exploit or use such Third Parties Rights without the express authorization of their respective owners.
The Dancing Horses Theatre’s website may feature hyperlinks to other websites. We are not responsible for the content of these websites. A hyperlink from our website to another does not mean or imply that we approve of or recommend the content of a website which does not belong to The Dancing Horses Theatre.
You may use information about The Dancing Horses Theatre purposely made available by The Dancing Horses Theatre for downloading or copying from this site, provided that you:
- Do not modify this information or remove any copyright, trademark and other intellectual or proprietary rights notices; use such information solely for your personal, non-commercial purposes and do not post this information on the Internet, any website, any networked computer or broadcast it in any media; and do not make any representations or warranties relating to such information.
Any illegal or unauthorized use of our website shall constitute a violation of our Terms and Conditions. You do not have permission to access our website in any way that violates these Terms and Conditions. Illegal or unauthorized use of our website includes, but is not limited to, using the website in a way that would facilitate illegal ticket sales, copying, modifying, deleting, augmenting, publishing, transmitting, creating derivative works of, creating or selling merchandise derived from our Content or in any other way exploit our Content, in whole or in part.
Your Obligations as a User
To use this site, you must be at least 13 years of age. This website is not intended for children. We ask that parents make sure that their children do not fill out our online forms.
You must respect all the terms of use specified in these Terms and Conditions as well as all laws and regulations in the country from which you are visiting the website and all additional rules governing any particular services that you might use (for example, ticket purchases). When you sign up for one of the website’s services, you must:
- Provide true, correct, up-to-date and complete information about yourself; regularly maintain and update your registration data in order to keep it true, correct, up-to-date and complete.
Otherwise, we reserve the right to suspend or cancel your purchase and to forbid you from using the website and its services (immediately and in the future). It is forbidden to use The Dancing Horses Theatre website for any purposes that violate the laws or regulations the United States or the country from which you are visiting the website, or that violate this website’s Terms and Conditions. By visiting this website, you agree not to post, publish, transmit or communicate messages that might involve a criminal offence or that could cause any kind of damage to The Dancing Horses Theatre.
It is forbidden to use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this website, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website.
It is forbidden to attempt to gain unauthorized access to any portion or feature of the website or any network connected to the website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A) YOUR USE OF THE WEBSITE IS AT YOUR ENTIRE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.
B) WITHOUT LIMITING THE FOREGOING, The Dancing Horses Theatre DOES NOT WARRANT OR REPRESENT THAT (I) THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT; (II) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (III) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (V) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR TICKETS OTHER PRODUCTS OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THAT SUCH ITEMS WILL MEET YOUR EXPECTATIONS; (VI) THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (VII) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF OUR AFFILIATES OR OTHER RELATED ENTITIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, SPONSORS, REPRESENTATIVES, SUPPLIERS OR OTHER PARTNERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
D) WITHOUT LIMITING THE FOREGOING, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL The Dancing Horses Theatre OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, SPONSORS, DISTRIBUTORS, VENDORS, SUPPLIERS REPRESENTATIVES, PARTNERS OR ALL OTHER PERSONS ACTING ON BEHALF OF The Dancing Horses Theatre, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, TICKETS OR OTHER PRODUCTS OR RESULTING FROM ANY SERVICES, TICKETS OR OTHER PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE USE OF The Dancing Horses Theatre WEBSITE OR ITS TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR FOLLOWING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. IN CERTAIN CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY IN SUCH PARTICULAR CASES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND THAT OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, DISTRIBUTORS, VENDORS, SUPPLIERS, PARTNERS, SPONSORS, REPRESENTATIVES OR ALL OTHER PERSONS ACTING ON BEHALF OF The Dancing Horses Theatre) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).
Indemnification
You are responsible for the downloading of files, the distribution of information and the transmission of data by your computer system. If you cause damage to our website or if somebody else uses your name to cause damage to our website or harm to The Dancing Horses Theatre, you will be held responsible. Do not reveal your personal information to anyone.
In addition, you agree to indemnify and hold harmless The Dancing Horses Theatre, its affiliates and other related entities, directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of The Dancing Horses Theatre, from and against all claims, actions, damages or other demands, including reasonable attorney fees and expenses arising from the use of this website.
Contests, Sweepstakes and Promotions
Except where prohibited by law, by using this website or any of its services, including without limitation, by purchasing tickets or other products and by subscribing to our Newsletter, you expressly agree that The Dancing Horses Theatre may register you in any contests, sweepstakes or promotions organized by The Dancing Horses Theatre or any of its affiliates and other related entities, including, without limitation, its sponsors, suppliers, representatives, partners and all other persons acting on behalf of The Dancing Horses Theatre.
Suspected Violation
Violations of these Terms and Conditions and of any other The Dancing Horses Theatre policies or agreement, including unauthorized use of The Dancing Horses Theatre website, may be investigated and suitable legal actions may be taken, including, without limitation, civil, criminal and injunctive remedy. You understand and agree that The Dancing Horses Theatre may, at its sole discretion and without prior notice, terminate your access to The Dancing Horses Theatre website, cancel your ticket order or exercise any other remedy it sees fit, if The Dancing Horses Theatre deems, at its sole and exclusive discretion, your conduct or the conduct of any person whom The Dancing Horses Theatre believes you act in concert with, violates or is in breach with these Terms and Conditions or the law, or violates the rights of The Dancing Horses Theatre, a client of The Dancing Horses Theatre or any other user on our website.
Copyright Policy
The Dancing Horses Theatre reserves the right, at its sole discretion, to remove or disable access to material it believes, at its sole and absolute discretion, infringes on any party’s intellectual property rights, to notify the relevant user that it has removed or disabled access to such material, and to terminate the privileges of any user who uses this website to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. We also reserve the right, in our sole discretion, to terminate a user’s right to use or access to the website prior to that time if we believe in our sole and exclusive discretion that infringement has occurred.
Governing Law
The Dancing Horses Theatre’s Internet website is operated from Delavan, Wisconsin, USA. Except as provided for under the Purchase Agreement for tickets, any legal conflict between a user and The Dancing Horses Theatre is therefore subject to the laws of the state of Wisconsin and the applicable laws of the United States, without regard to its conflict of law provisions. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the State of Wisconsin, USA in respect of any action or proceeding arising out of or related to this website.
Other Terms
Subject to the Purchase Agreement for tickets, the Terms and Conditions, including the Privacy Policy of The Dancing Horses Theatre website constitutes the entire agreement between you and The Dancing Horses Theatre with respect to your use of the website. These Terms and Conditions replace all previous agreements between you and The Dancing Horses Theatre. You may also be subject to additional terms and conditions when using certain services provided by third parties.
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of that right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
We reserve the right to cancel or alter a show
All requests for information about our Terms and Conditions may be sent to info@thedancinghorses.com.