Website Terms of Service
Terms and Conditions
Last Updated: October, 2019
By accessing or using the Website you are deemed to have read and agreed to the following terms and conditions. You also agree to these terms and conditions by doing any of the following: Clicking an “I Agree” or similar checkbox on the website, making a purchase, or submitting content to the Website.
Definitions. "Visitor," “you” and “your” refers to you, the person accessing or using the website with a homepage located at www.paisleypark.com (collectively, including all subsidiary pages “Website” or “website”), and any other person or entity for whose benefit, you are accessing or using the Website. “Paisley Park Operations Entities," “Company,” “Ourselves,” “we,” and "us," refers to Paisley Park Operations, LLC and its current and/or future affiliates and subsidiaries. “Party,” “Parties,” or “Us,” refers to both the Visitor and the Company, or either the Visitor or the Company.
These Terms constitute a legal agreement between you and the Company. Please read these Terms carefully.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE WEBSITE. PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF SERVICE CAREFULLY: (A) DISPUTE RESOLUTION, INCLUDING THE CLASS ACTION WAIVER DESCRIBED THEREIN, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION.
Access to and Use of the Website
By accessing or using the Website you agree, represent and warrant that you are 18 years of age or older, reside in the United States, and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Website.
You agree, represent and warrant to the Company that: (i) you will comply with all applicable laws, rules and regulations and will use the Website only for lawful purposes; and (ii) you will not misrepresent yourself or any other person related to the use of this Website.
Making Purchases and Providing Information
If you make a purchase, create an account, submit information or comments, or any similar action on the Website, you agree that you:
- You will provide true, accurate and complete information through the Website; and
- You are solely responsible and liable for all actions taken via your user account.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Appropriate Use and Limitations
You shall not use the Website for any purposes beyond the scope of the access granted by these Terms. You shall not at any time, directly or indirectly, and shall not permit any users to reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Website; or use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
In connection with the Website, you must not: (i) transmit or otherwise make available through or in connection with the Website, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software or routine that interferes with the Website; (iii) use the Website in an unlawful or fraudulent manner; (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (v) use any automatic device, process or means to access the Website for any purpose, including monitoring or copying content on the Website; and (vi) otherwise attempt to interfere with the proper working of the Website.
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
We reserve the right to terminate access to the Website at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Your Comments, Postings, and Ideas
If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this website, you hereby grant us a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free, irrevocable license to sue, reproduce, display, perform, modify, transmit, create derivative or collective works, and distribute them in any medium, in whole or in part, including all intellectual property rights therein, and agree that we are free to use them for any purpose.
We may from time to time in our sole discretion develop and provide Website updates. Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality.
In order to make a purchase through the Website, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, and your billing address. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a the purchase and that you have all authority necessary to make the purchase using the credit card or payment mechanism that you submit. By submitting such information, you grant the Company the right to provide such information to third parties for the purposes of facilitating your purchase. You acknowledge and agree that the Company is not responsible for how any third party credit card or other payment method processor transmits, stores, uses or shares your information.
Communicating with You
You agree that we may communicate with you through any and all contact information and methods you provide to us, including but not limited to text message, email, telephone, mobile phone, social media account, messaging platform (e.g., WhatsApp), fax, and/or postal mail.
Pricing, Tours, Availability and Items for Sale
The pricing and availability of any tours, services, or products advertised on the Website are subject to change at any time. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card or other payment mechanism charged.
In the event a tour or other event must be cancelled or rescheduled, we, are our sole discretion, will either (a) reschedule the tour or event for a future date, or (b) refund the sums paid for such event. You agree that the foregoing are your sole and exclusive remedies for any cancelled or rescheduled tour or service, or any other error, mistake or failure related to any tour or service offered through this Website.
Depending on the item(s) you purchase from us and the location to which the items will be delivered, different shipping methods will be available. Some shipping methods may be offered, under certain circumstances, at no cost to you. Other shipping methods and terms (for example expedited or FedEx, may incur a cost charged to you.) Each shipping method has its own restrictions and charges that will be applied to your order. (See carrier)
At checkout, you will be prompted to choose a shipping method for your item(s). (Please note, some items may offer only one shipping method.) Shipping costs are dependent on the weight and size of the items in your order and the shipping method you select. Your total shipping charges, if any, will automatically compute during checkout prior to the completion of your order.
Shipping and handling costs are non-refundable. In the case of shipping damages, please contact the carrier.
The Website attempts to display product images shown on the site accurately. However, we cannot guarantee that the color you see on your particular monitor/screen matches the actual product color, due to variations in monitors or screens, and photography and viewing conditions.
Intellectual Property Ownership
Subject to your compliance with these Terms, Company grants you a nonexclusive, personal, nontransferable, revocable, and limited license to view the content of this Website. The materials on this Website, including all website design, text, graphics, information, trademarks, service marks, trade names, photographs, testimonials, videos, content or other materials displayed on or that can be downloaded from this website, belong to us or a third party licensor to us and are protected by the United States and international copyright and other intellectual property laws. You may e-mail, download, or print a reasonable number of copies of the materials on this website for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright, trademark, and other proprietary notices that are in the materials. You may not post material from this website on any other site without our prior written permission. You may not publish or broadcast material from this website without out prior written permission. You may not modify the information or materials located on this website in any way. You may not reproduce or publicly display, perform, or distribute or otherwise use any materials or information on this website for any public or commercial purpose. You may not remove, obscure, or otherwise deface proprietary notices appearing on any content, including copyright, trademark, or other intellectual property notices. All rights, title and interest in and to the website, including all content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein will remain with Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the content available on the website or granting the foregoing licenses.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Contact for DMCA Notice: MMaguire@PaisleyPark.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN "AS IS" AND “AS AVILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, RELATING TO THIS WEBSITE AND ITS CONTENTS OR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THIS WEBSITE AND/OR THE PAISLEY PARK OPERATIONS ENTITIES’ LITERATURE. THE COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE, OR ANY PRODUCTS, OR RESULTS OF THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR ACHIEVE ANY INTENDED RESULT.
Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Website, our website or mobile application. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Website or our website.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: UNDER NO CIRCUMSTANCES SHALL COMPANY, ANY PARENT, AFFILIATE, OR RELATED ENTITY, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENETERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES OR TOURS AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FOR ANY PURCHASE OF A TOUR, TICKET, SERVICE, OR ITEM, IN THE EVENT OF ANY ALLEGED DEFECT OR FAILURE OF ANY KIND, COMPANY’S MAXIMUM AGGREGAGTE LIABILITY SHALL BE, AT COMPANY’S DISCRETION, TO EITHER (A) REPLACE THE SERVICE ITEM WITH SIMILAR REPLACEMENT ITEM OR SERVICE, OR (B) REFUND TO YOU THE FEES ACTUALLY PAID FOR SUCH ITEM.
The above exclusions and limitations apply only to the extent permitted by law.
You agree to defend, indemnify and hold the Company, its affiliate entities, and all of their owners, officers, directors employees, contractors and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website and/or your breach of these Terms.
Availability; U.S. Only
Unless otherwise stated, the Website is only available to users located within the United States. All advertising is intended solely for the United States market. The Website is not intended to subject Company to jurisdiction or law other than the laws of the United States, as applicable. Those who choose to access the Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so. The Company does not warrant that the service from this Website will be uninterrupted, timely or error free, although it is provided to the best ability.
Links from this website
We are not responsible for any third party websites that may be linked within this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these other sites.
Intellectual Property Ownership
You acknowledge that, as between you and the Company, the Company owns all right, title, and interest, including all intellectual property rights, in and to the Website including all information and content on the Website and, with respect to third-party products, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party products.
The Paisley Park name and logos are registered trademarks of this Company or its affiliates. The brand names, slogans, and specific designs of this Company featured on this Website are trademarked. All rights are reserved. You are not authorized to use any Paisley Park Operations Entities name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Paisley Park Operations Entities. All other trademarks appearing in connection with the Website are the property of their respective owners. Paisley Park Operations Entities and its licensors, vendors or other service providers retain and reserve all proprietary rights to the contents of the Website.
Failure of Company to insist upon strict performance of any provision of these terms or the failure of to exercise any right or remedy to which Company may be entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Governing Law; Dispute Resolution
Any claims relating to, and the use of, this Website or items or services described or sold through this Website are governed by the laws of the State of Minnesota, without giving effect to any choice or conflict of law provision or rule. Foreign laws do not apply. Any legal suit, action or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in Carver County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR ANY SIMILAR COLLECTIVE LEGAL ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING WEBSITE OWNER IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION. ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the Website will constitute your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement on a regular basis.
If you have questions or comments about the Website or these Terms, please contact us contact us at Info@PaisleyPark.com.