Terms of Use for My Frightmare in the Falls Tickets

These Terms of Use (hereinafter, "Agreement") set forth the terms, restrictions and limitations governing your use of the My Frightmare in the Falls Tickets online functionality ("My Frightmare in the Falls Tickets"), and all of the services provided by it (collectively, the "Services", provided to you by Tickets.com, Inc. ("Tickets.com") in conjunction with Frightmare in the Falls ("Frightmare in the Falls"). By registering to use the Services, you acknowledge that you have read and understand this Agreement and expressly agree to comply with and be bound by the provisions of this Agreement. You acknowledge that by using the Services, you are creating a valid, binding and enforceable legal agreement between you, Frightmare in the Falls and Tickets.com, Inc. ("Tickets.com"). Tickets.com and/or Frightmare in the Falls may revise, modify, or otherwise amend this Agreement from time to time by posting such revised, modified or amended Terms of Use on this website. Any revised, modified or amended Terms of Use will be deemed effective once you visit this website or otherwise use the Services after such terms are posted. This Agreement was last revised on October 30, 2018.

By using the Services, you also agree to adhere to (1) any and all terms and conditions, rules, policies, regulations, and directions of Frightmare in the Falls and/or Tickets.com, as such may be amended from time to time, including, without limitation, those terms and conditions printed on Frightmare in the Falls event admission tickets ("Tickets"), (2) the terms, conditions and policies set forth in the My Frightmare in the Falls Tickets Frequently Asked Questions, (3) the Terms of Use and Privacy Policy applicable to the Frightmare in the Falls official website(s), each of which is incorporated as part of this Agreement by this reference. Specifically, you agree to use the Services subject to and in accordance with the following terms and conditions and, where applicable, represent the same to be true:

1. Eligibility and Registration. In order to participate in the My Frightmare in the Falls Tickets Services you must first register with My Frightmare in the Falls Tickets. To qualify for registration, you must be at least 18 years of age. By registering with My Frightmare in the Falls Tickets, and accessing the Services, you are representing to us that you are at least 18 years of age. Frightmare in the Falls or Tickets.com may suspend or terminate your My Frightmare in the Falls Tickets account if you are not qualified to use the Services.

2. Frightmare in the Falls Ticket Holders and Applicable Events. Not all Ticket accounts holders of record are authorized by Frightmare in the Falls to use My Frightmare in the Falls Tickets to forward any Ticket through Forward. In addition, Frightmare in the Falls reserves the right to determine which Ticket account holders of record are eligible to utilize the Services and/or to use My Frightmare in the Falls Tickets to forward any Ticket. Finally, only Tickets for Frightmare in the Falls events as designated by Frightmare in the Falls from time to time may be forwarded through Forward.

3. Accuracy of Information. You agree, and by using the Services you represent and warrant that the information you provide to anyone in connection with your use of the Services (including, without limitation, Frightmare in the Falls or Tickets.com) is true and accurate in all respects. Neither Tickets.com nor Frightmare in the Falls guarantees the truth or accuracy of any statements or representations made by My Frightmare in the Falls Tickets users. Neither Tickets.com nor Frightmare in the Falls will be liable or bear any responsibility for statements made by other My Frightmare in the Falls Tickets users.

4. Special Rules Governing Online Renewals.

A. General. By registering to participate in online renewals, you acknowledge that you have read this Agreement, including but not limited to Sections 1 ("Eligibility and registration"), 2 ("Accuracy of Information"), 6 ("Termination"), 7 ("Legality of transaction"), 8 ("Trademarks"), 9 ("Warranty"), 10 ("Limitation of Liability"), 11 ("Indemnity"), and 15 ("General") In addition, by registering and participating in online renewals, you agree to the following:

B. Authorization to charge credit card. By renewing tickets online or paying for tickets online, you agree that we may charge your credit card for the amount described on the payment pages.

C. No liability for interruption of system. Neither Tickets.com nor Frightmare in the Falls will be responsible for any renewal that is lost as a result of this site becoming inoperable, your inability to access this site, or any system fault or failure that may result in your inability to renew in a timely manner.

5. Specific Terms Governing Use of Forward. If you forward a Ticket through Forward, you agree to be bound to the following terms. If you are a qualified My Frightmare in the Falls Tickets account holder of record and are forwarding a Ticket, you are referred to below as the “Sender”. If you are receiving a forwarded Ticket, you are referred to below as the “Recipient”.

  • Forwarding Tickets. If you are a Sender, you may forward one or more of your Tickets to a Frightmare in the Falls event to any person, provided that the Recipient has a valid email address. You authorize Frightmare in the Falls and Tickets.com to cancel and deactivate each Ticket that you forward and to reissue a valid Ticket to the Recipient.


  • Receiving Forwarded Tickets. If you are a Recipient, a new Ticket with a replacement barcode will be issued to you for any tickets forwarded to you. A Ticket that has been forwarded to you is only valid for the event imprinted on that Ticket (or the alternative event, solely in the case of a rescheduled event), and is only for your own personal use.


  • Use of Original Ticket After Forward. The Sender will receive one warning if any attempt is made to use such Sender's Ticket after such Ticket has been deactivated. Any subsequent attempts to use any deactivated Ticket following such warning may result in the permanent disqualification of the Sender from use of the Services and revocation of the Sender's Tickets. Neither Frightmare in the Falls nor Tickets.com will be liable for any damage, loss or claim relating to the use, or attempted use of any deactivated Ticket.


  • Rescheduled Events. In the case an event is postponed or rescheduled, any Recipient will be subject to those policies applicable to Frightmare in the Falls Ticket holders generally, as Frightmare in the Falls may amend such policies from time to time. It is the Recipient's responsibility to verify any changes to the information printed on the Ticket, including the date and time of the event.


  • Cancelled Events. Ticket forwards for events that are cancelled will be reversed. Any Ticket that was forwarded to a Recipient for any cancelled event will be deactivated and will no longer be valid, and such Recipient will have no further rights in connection with that Ticket. Any forwarded Ticket for any cancelled event will be subject to those policies applicable to Ticket holders generally, as such policies may be amended by Frightmare in the Falls from time to time. You understand that Frightmare in the Falls events may be cancelled from time to time and that neither Frightmare in the Falls nor Tickets.com is responsible for any loss or damage in connection with such cancelled events.

    • 6. Termination of Participation. Frightmare in the Falls may, in their sole discretion, and at any time, terminate, suspend or restrict your use of the Services immediately and without notice, with or without cause, including without limitation, if Frightmare in the Falls determines that (A) you have violated the terms of this Agreement or any other applicable terms, conditions or restrictions, (B) you have violated, or attempted to violate, the rights of other My Frightmare in the Falls Tickets participants, (C) you have violated any policy, rule, regulation or direction of Frightmare in the Falls relating to either Frightmare in the Falls and/or Frightmare in the Falls venues, as each may be amended from time to time by Frightmare in the Falls in their sole discretion, or (D) you have violated, or attempted to violate, any applicable law, statute, ordinance, rule, regulation or order, including without limitation, any such law, statute, ordinance, rule, regulation or order regarding fraudulent activity. Neither Tickets.com nor Frightmare in the Falls will be liable to you or any third party for any loss or claim arising out of such termination. Upon such termination (A) you will cease use of the Services, (B) any of your Ticket transactions for future event dates will be cancelled, (C) set-offs and debits may be taken against your account, and (D) any other actions available to Frightmare in the Falls or Tickets.com at law or in equity may be taken against you.

    7. Legality of Transaction. You agree that you will not use the Services for any illegal purpose and will comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations and orders regarding Online Renewals and Ticket Forwards. Users of the Services assume all risk in connection with any transaction conducted with the Services.

    8. Trademarks. All trademarks are the property of their respective owners and are used with permission. No ownership or other rights in or to the trademarks and copyrighted material contained on this Web site are granted to you through this Agreement and you acknowledge that you do not have any rights in or to any such trademarks and/or copyrighted material. You agree you will not display, transmit, or use any such trademarks and/or copyrighted material in any manner whatsoever.

    9. WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NEITHER TICKETS.COM NOR THE FRIGHTMARE IN THE FALLS WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (C) DEFECTS WILL BE CORRECTED, OR (D) THE MY FRIGHTMARE IN THE FALLS TICKETS WEB SITE, THE TICKETS.COM WEB SITE, THE FRIGHTMARE IN THE FALLS WEB SITE (OR ANY SERVERS THAT MAKE THE SERVICES AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE FRIGHTMARE IN THE FALLS NOR TICKETS.COM WARRANT OR MAKE ANY REPRESENTATION THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICES WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTERS ON WHICH THE SERVICES ARE USED OR THE NETWORK OF WHICH SUCH COMPUTERS ARE A PART. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TICKETS.COM, FRIGHTMARE IN THE FALLS, OR AN AUTHORIZED REPRESENTATIVE OF EITHER TICKETS.COM OR FRIGHTMARE IN THE FALLS WILL CREATE A WARRANTY OF ANY KIND.

    10. LIMITATION OF LIABILITY. NEITHER TICKETS.COM, FRIGHTMARE IN THE FALLS, NOR ANY OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES WILL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND CAUSED BY, RELATED TO, OR ARISING FROM (A) YOUR USE OF THE SERVICES, (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, INFRINGING MATERIAL, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE, (C) THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR INFORMATION, OR (D) UNCOMPLETED OR COMPLETED TRANSACTIONS, (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, IN EACH CASE INCLUDING WITHOUT LIMITATION, DAMAGES IN CONNECTION WITH (A) LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF TICKETS.COM OR FRIGHTMARE IN THE FALLS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER PARTICIPANTS OR THIRD PARTIES. IN NO EVENT WILL TICKETS.COM, FRIGHTMARE IN THE FALLS, OR ANY OF EACH OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, TECHNICAL SUPPORT PARTNERS AND PROVIDERS OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICES WHATSOEVER.

    11. INDEMNITY. EACH PERSON WHO USES THE SERVICES AGREES TO SAVE, DEFEND, INDEMNIFY AND HOLD HARMLESS FRIGHTMARE IN THE FALLS, TICKETS.COM, AND EACH OF THEIR RESPECTIVE AFFILIATES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, FINES, PENALTIES, LIABILITIES, LOSSES, EXPENSES, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES AND THEIR USE.

    12. Compliance with Laws. You agree that you will not use the Services for any illegal purpose and will comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations and orders regarding Online Renewals and Ticket Forwards.

    13. No Guarantee of Security. Neither Tickets.com nor Frightmare in the Falls guarantee secure access to either the Frightmare in the Falls or the My Frightmare in the Falls Tickets Web site and neither Frightmare in the Falls nor Tickets.com guarantee the security of any information provided by you in connection with the Services.

    14. Password Use. In order to use the Services, you will be required to register with My Frightmare in the Falls Tickets, and as part of such registration, you will receive a username and password. You are solely responsible for maintaining the confidentiality of your username and password and are solely responsible for all actions that occur under your username and password.

    15. General. This Agreement will be governed in all respects by the laws of the State of Pennsylvania without regard to conflict of law principles. The Parties knowingly and voluntarily intend and agree that the mandatory, exclusive venue for any action in any way related to this Agreement shall be Pennsylvania for state court claims, or the United States District Court for Pennsylvania for issues of diversity, or federal question. This Agreement sets forth the entire understanding and agreement between the parties with relation to the subject matter of this Agreement and it is understood that there are no oral representations, understandings or agreements covering the same subject matter as this Agreement. In case any provision of this Agreement will be invalid, illegal or unenforceable, such provision will be severed from this Agreement and the validity, legality and enforceability of the remaining provisions of this Agreement will not in any way be affected or impaired thereby. Headings in this Agreement are used for convenience of reference only and will not in any way define or affect the meaning, construction, or scope of the provisions captioned. No delay of, or omission in the exercise of any right, power or remedy accruing to Frightmare in the Falls or Tickets.com under this Agreement will impair any such right, power or remedy, nor will it be construed as a waiver of any future exercise of any right, power or remedy.