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I understand that by continuing with my purchase, I will need to agree to an Assumption of Risk and Waiver(s) of Liability (text included below), using the link provided to me in my confirmation email. I agree to share this link with all guests I may be purchasing tickets for. Failure to complete the Assumption of Risk and Waiver(s) of Liability prior to arrival by any person will result in their inability to enter the event.
By purchasing an admission ticket and in consideration thereof and in consideration for being able to visit and/or participate in this event and/or attractions at Fear Columbus LLC and Francis Frights LLC LLC. I agree, understand, and acknowledge, on my own behalf and on behalf of any individual who uses a ticket purchased by me that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions might be at higher risk for severe illness and death from COVID-19. I acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that I will expose others that I later encounter, even if I am not experiencing or displaying any symptoms of illness myself. By visiting and/or participating in the event and/or attractions at Fear Columbus LLC and Francis Frights LLC LLC, I agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of myself or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of Fear Columbus LLC and Francis Frights LLC LLC its parent corporations, affiliates, officers, directors, employees and landlord.
I acknowledge that my visit and participation are entirely voluntary. On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge Fear Columbus LLC and Francis Frights LLC LLC its parent corporations, affiliates, officers, directors, employees and landlord, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of Fear Columbus LLC and Francis Frights LLC LLC its parent corporations, affiliates, officers, directors, employees and landlord, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during my visit to and/or participation in event and/or attractions at Fear Columbus LLC and Francis Frights LLC. This waiver of liability and the assumption of risk set forth above is intended to be as broad and inclusive as is permitted by law.
I agree to follow all posted instructions at the event and/or attractions, including but not limited to: not attending if I am sick or have recently had any fever or flu like symptoms, wearing proper face coverings where required, maintaining a minimum of 6’ of distance from any other patron, employee or any other person who I have not come to the event with, have my temperature checked if required, wash or disinfect my hands before and after experiencing any attractions or when I have touched any surface at the event/attractions.
I attest, acknowledge, and agree that any individual for whom I have bought an admission ticket for or who uses an admission ticket purchased by me has independently and carefully read this Assumption of Risk and Waiver of Liability relating to COVID-19 and has knowingly and independently acknowledged and agreed to all its provisions.
If any provision or part thereof of these terms and conditions is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken from the terms and conditions without affecting the binding force or effect of any other part or provision.
I agree that Fear Columbus LLC and Francis Frights LLC LLC reserves the right to refuse admission to anyone. I will experience intense audio, lighting, extreme low visibility, strobe lights, fog, damp or wet conditions, moving floors, special effects, sudden actions and an overall physically demanding environment. I will not enter if I suffer from asthma, heart condition, am prone to seizures, have physical ailments, have respiratory or any type of medical problem, am pregnant or suffer any form of mental disease including claustrophobia. I will not enter if I am intoxicated, wearing any form of cast, medical brace, using crutches or have any type of physical limitation or using drugs of any type. I will not smoke, run, eat or drink inside the attractions. I will not touch any of the actors, customers or props inside the attractions. I will not take any photos or video inside the attractions.
I agree that my admission ticket is a revocable license and may be taken away from me and admission refused. I understand that there is an inherent risk involved with attending this event/attraction. I voluntarily assume all risks and dangers associated with participation in this attraction. In consideration and acceptance of entrance into the attraction I agree to release Fear Columbus LLC and Francis Frights LLC, its parent corporations, affiliates, officers, directors, employees and landlord from any liability for any harm, injury or death, cost or expense whatsoever that may arise directly or indirectly from attending this event or any of the attractions at this location.
I attest, acknowledge, and agree that any individual for whom I have bought an admission ticket for or who uses an admission ticket purchased by me has independently and carefully read this General Assumption of Risk and Waiver of Liability and has knowingly and independently acknowledged and agreed to all its provisions.
If any provision or part thereof of these terms and conditions is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken from the terms and conditions without affecting the binding force or effect of any other part or provision.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.
Terms of Website – Last updated: July 30, 2020
Please read these Terms of Service (“Terms”, “Agreement”) carefully before using the http://www.fearcolumbus.com website (the “Website”) operated by Francis Frights LLC. (“us”, “we”, or “our”). We provide this Website and the data, information, tools, software, updates and similar materials or services (altogether, the “Services”), subject to your agreement to and compliance with these Terms. Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree and consent to these Terms, please do not use the Website and/or the Services.
The following additional terms are incorporated into this Agreement as if fully set forth herein: • Privacy Policy • Copyright Policy • Complaint Policy
A. By using and/or visiting the Website, you represent that you have read, understand, and agree to this Agreement, including our privacy policy published at http://www.fearcolumbus.com/privacy-policy (“Privacy Policy”) and incorporated herein by reference. This Agreement and Privacy Policy are subject to the provisions of the European Union (“EU”) General Data Protection Regulation (“GDPR”) and other applicable privacy laws. Francis Frights LLC agrees that under the GDPR, Francis Frights is a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data”, and Francis Frights will take commercially reasonable steps to maintain compliance with GDPR requirements.
B. Francis Frights reserves the right to change, modify, add to, or otherwise alter this Agreement at any time, or to change or discontinue any aspect or feature of the Website or Services without notice to you. Such changes, modifications, additions or deletions shall be effective immediately upon their posting on the Website. You agree to review this Agreement periodically to be aware of such revisions. Your use of the Website and/or Services after we post of such changes, modifications, additions or deletions constitutes your acceptance of such changes, modifications, additions or deletions.
A. As long as you are in compliance with all the terms and conditions of this Agreement (and all incorporated documents) and have paid any applicable Fees (as defined below), we hereby grant to you during the Term (as defined below) a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Website, and to access and receive the Services thereon that are intended for public display or access. Any rights not explicitly granted in this Agreement are strictly withheld and reserved by us.
B. You agree that (i) except in your normal use of the Website, you will not copy or distribute any part of the Website or Services in any medium without our prior written authorization; (ii) you will not alter or modify any part of the Website or Services other than as is necessary to use the Website or Services for their intended purposes; and (iii) you will otherwise comply with this Agreement.
A. You agree that you will not violate any applicable law or regulation in connection with your use of the Website or Services.
B. You agree that you will not distribute, upload, make available or otherwise publish through the Website or Services any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or similar materials (“Submissions”) or graphics, text, information, links, profiles, personal information, name, likeness, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that: • are unlawful or encourage another to engage in anything unlawful; • contain a virus or any other similar programs or software that may damage the operation of our or another’s computer; • violate the rights of any party or infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; • are false, inaccurate, fraudulent or misleading; or • are libelous, defamatory, obscene, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.
C. You further agree that you will not do any of the following: • modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website or Services; • interfere with or disrupt the operation of the Website or Services, including restricting or inhibiting any other person from using the Website or Services by means of hacking or defacing; • transmit to or make available in connection with the Website or Services any denial of service attack, virus, worm, Trojan horse or other harmful code or activity; • attempt to probe, scan or test the vulnerability of a system or network of the Website or Services or to breach security or authentication measures without proper authorization; • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; • harvest or collect the email address or other contact information of other users of the Website or Services; • scrape or collect content from the Website or Services via automated or large group means; • submit, post or make available false, incomplete or misleading information to the Website or Services, or otherwise provide such information to us; • register for more than one user account; or, • impersonate any other person or business.
D. In addition, although we reserve the right to review, remove or edit any Submissions or Content, we may not routinely screen, monitor, or review Submissions and Content on the Website or Services, including representation made by users of the Website and Service. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY SUCH INFORMATION. YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.
E. You agree that you are not licensed to access any portion of the Website or Services that is not public or made accessible for registered users, and you may not attempt to override any security measures in place on the Website or Services.
F. Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Website or Service shall not be limited to violations of this Restrictions section.
A. Some parts or all of the Website or Services may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend these eligibility requirements at any time. You are not eligible to use the Website or Services if doing so would violate any U.S. law or regulation, including but not limited to export controls or restrictions.
B. You must be over the age of 18 to register an account on the Website or use the Services. By registering an account or by using the Services, you represent that you meet this minimum age requirement. In any case, you affirm that you are over the age of 13, as the Website and the Services are not intended for use by children under 13. If you are under 13 years of age, then please do not use the Website without the consent of your parent or guardian. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet service provider for more information.
A. As more fully described on the Website, access to certain features of the Website or Services may require your payment of fees (“Fees”).
B. If you wish to purchase Services through the Website (each a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, and your physical address. TicketSocket will treat any such information provided through the Website in accordance with this Agreement and the Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used for purposes of any Transaction.
C. You may be required to register your personal and/or financial information with us in order to use certain areas of the Website or the Services, for example, to access/provide Content or to initiate Transactions. In doing so, you agree that you will provide accurate and complete information. We may refuse to process your information or requested Transactions if we believe that you may be: i) impersonating another person; ii) violating the intellectual property or other rights of any entity; iii) posting content that is offensive; or iv) providing information that we otherwise reject for any or no reason in our sole discretion.
D. We may use a third-party payment processor (the “Payment Processor”) to charge Fees to you through your registered account for use of the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors made by the Payment Processor. You agree to pay us, through the Payment Processor, all charges for purchases made by you, and you authorize us, through the Payment Processor, to charge your chosen payment provider (e.g., credit card) (your “Payment Method”). E. We will automatically charge your Payment Method when payments are due, as more fully identified on the Website. If you purchase a subscription for Services, it may result in recurring charges to your Payment Method, and you agree that we may charge such amounts until such a time as your subscription expires, is terminated or you cancel the subscription, depending on the subscription type.
F. Your account will be considered delinquent if payment in full is not successful when a charge is initiated. Unless specified in an invoice, amounts due are exclusive of all applicable taxes, levies, or duties, and you will be responsible for payment of all such amounts. If you believe that any specific charge under this Agreement is incorrect, in order to obtain a credit, you must contact us in writing within thirty (30) days after the payment due date, and set forth the nature and amount of the requested correction; otherwise charges are final.
G. In addition to other applicable remedies, we reserve the right to suspend and/or terminate your access to the Services and/or terminate this Agreement if your Payment Method is declined or fails, and your account therefore is delinquent. Charges to delinquent accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees and court costs.
A. You understand and agree that in order to use certain functions of the Website or Services, you may be asked by us to provide certain credentials or other login information (“Credentials”). You are under no obligation to provide Credentials to us; however, if you do, you represent and warrant that you are authorized to provide these Credentials to us for use in connection with the Services, and that the Credentials are and will be true and accurate throughout the Term of this Agreement. By providing your Credentials, you agree that we may store and use the Credentials in accordance with our Privacy Policy.
B. If you are registered with a user account on the Website, you agree to keep your user name and password and/or any other Credentials needed to login to the Website or Services confidential and secure. You are responsible for controlling the access to and use of your account. You understand and agree that we may assume that instructions from an individual associated with your account are authoritative and should be acted upon by us. We are not responsible for any unauthorized access to your account or profile, and any ramifications of such access, and we are not required to take action to disable any account. You agree that you will not bring any action against us arising out of or related to any claimed unauthorized access using your account Credentials.
C. Notwithstanding the foregoing, if we believe that there has been an unauthorized access to your account, we may take reasonable efforts with reasonable speed, to disable or lock your account, or otherwise address your situation. In the event that you would like to report a breach, please contact info@fearcolumbus.com with the term “Account Breach Notice” in the subject line.
For your convenience, the Website contains links to the websites of third parties on which you may be able to obtain information or use services. For example, Francis Frights provides links to social media sites (e.g., Facebook, Twitter, LinkedIn, etc.). Except as otherwise noted, such third party websites, and such information and services are provided by organizations that are independent of Francis Frights. Francis Frights does not make any representations or warranties concerning such websites. Francis Frights has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Francis Frights cannot censor or edit the content of any third-party site. Therefore, Francis Frights makes no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers. Your linking to or from any off-site pages or other websites is at your own risk. By using the Website, you expressly relieve Francis Frights from any and all liability arising from your use of any third-party website. Accordingly, Francis Frights encourages you to be aware when you leave the Website and to read the terms and privacy policy of each other website that you visit.
A. Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Website or Services (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
B. You acknowledge that the software used to provide the Services, and all enhancements, updates, upgrades, corrections and modifications to the software (the “Software”), all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of us and/or our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited use rights set forth herein.
C. To the extent that you gain access to or receive any copies of such Software, you agree that you will delete such copies of the Software upon any termination of this Agreement, termination of your use of the Services, or at our request.
A. The “Term” of this Agreement will continue until the Agreement is terminated as provided herein. We reserve the right to terminate this Agreement and/or deny all or some portion of the Website or Services to any user, in our sole discretion, at any time.
B. You may terminate this Agreement at any time by ceasing use of the Website or Services, and by closing your account. Your representations, warranties and indemnification obligations shall survive any termination of this Agreement.
A. We do not represent or warrant that access to the Services will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Services, or their features, at all times. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice.
B. Certain data displayed by the Services relies on the receipt of underlying data from third-party sources. Such data sources may not be real time or accurate, which may result in delays or inaccuracies in the displayed information.
C. The Website or Services may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
D. Although we have the right to review, edit, remove or modify information from or on the Website or Services, we may not screen this material or control the sources of this information, and we do not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information. E. Circular 230 Disclosure: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in the Website or Services, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
F. BY USING THE WEBSITE AND/OR SERVICES YOU AGREE AND ACKNOWLEDGE THAT WE PROVIDE THE WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
G. USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER HARMFUL COMPONENTS.
H. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE AND/OR SERVICES, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
I. Notwithstanding the foregoing, in the event that a court shall find that any of the above disclaimers are not enforceable, then you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $100.00, or (2) any indirect, incidental, punitive, special, exemplary or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website or Services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
J. SOME STATES MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
You agree to defend, indemnify and hold harmless Francis Frights LLC, Fear Columbus LLC, Nightmare Combat LLC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Website or Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of your Content or Submissions caused damage to a third party; or (v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Website or Services. This defense and indemnification obligation will survive this Agreement and your use of the Website and/or Services.
A. You agree that any claim or dispute arising out of or relating in any way to your use of the Website, Services or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The laws of the State of Ohio shall govern this Agreement, and shall be used in any arbitration proceeding.
B.There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
C. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Francis Frights: 2605 Northland Plaza Drive. Columbus, Ohio 43231.
D. Arbitration under this Agreement will be conducted by the American Arbitration Association (“AAA”) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
E. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both agree that we have each waived any right to a jury trial.
F. Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
G. To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Website, Services or us, may only be brought by you in a state or federal court located in Delaware. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN OHIO.
A. Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
B. Revisions. This Agreement may only be revised in a writing signed by us or posted by us to the Website or Services. In the event that we update this Agreement and you are made aware of the update, your continued use of the Website or Services after the update shall constitute your assent to the updated Agreement.
C. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website or Services.
D.Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without our prior written consent. Any unauthorized assignment shall be null and void.
E. No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
F. Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Francis Frights LLC, 2605 Northland Plaza Drive. Columbus, Ohio 43231.
G. Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of irreparable harm or other damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
H. Entire Terms. This Agreement, including the documents expressly incorporated by reference, constitutes the entire Terms between you and us with respect to the Website or Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
If you believe in good faith that any materials posted on the Website or accessed via the Services (the “Materials”) infringe any copyright in any work of yours, you agree to contact our “DMCA Copyright Agent” as identified below, hereby designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following: • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed; • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing; • Information reasonably sufficient to permit us to contact you; • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You agree that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent: Francis Frights LLC, 2605 Northland Plaza Drive. Columbus, Ohio 43231 – info@fearcolumbus.com.
If you believe in good faith that any Materials (as defined above) posted on the Website or accessed via the Services infringe any of your rights (including any trademark or privacy rights, but not including rights in copyright as addressed in the Copyright Policy, above), or are otherwise unlawful, you agree to send a notice to info@fearcolumbus.com, containing the following information: • Your name, physical address, e-mail address and phone number; • A description of the Materials posted on the Website that you believe violate your rights or are otherwise unlawful, and which parts of said Materials you believe should be remedied or removed; • Identification of the location of the Material on the Website; • If you believe that the Materials violate your rights, a statement as to the basis of the rights that you claim are violated; • If you believe that the Materials are unlawful or violate the rights of others, a statement as to the basis of this belief; • A statement under penalty of perjury that you have a good faith belief that use of the Materials in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and, • Your physical or electronic signature. If we receive a message from you that complies with all of the above requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to any entity that posted the claimed violative Materials, or any other entity as we deem appropriate. Copyright ©Francis Francis LLC. All rights reserved. The Website is the property of Francis Frights LLC, and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
By purchasing a ticket and entering the property you are granting permission to Francis Frights LLC to use your photo, and video footage or other likeness in marketing and promotional materials.
Because our business needs may change over time, we reserve the right to modify this Privacy Policy. If at any time in the future we plan to use your Personal Data in a way that differs from this Privacy Policy, we will revise this Privacy Policy as appropriate. In the event of a change to our Privacy Policy, we will email the updated policy to the email address that you provided to us. Your continued use of the Website following our notice of changes to this Privacy Policy means you accept such changes.
If you have any questions or concerns about this Privacy Policy, please contact our Data Protection Officer via e-mail at info@fearcolumbus.com.
Copyright © Fear Columbus LLC, Francis Frights LLC, and Sky Sprout LLC. All rights reserved. The Website is the property of Francis Frights LLC. and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.