Terms of Use
Welcome to the John Wick Experience website (the “Website”) which includes all subdomains present and future. These Terms of Use (“Terms of Use”) constitute an agreement between you and Egan Escape Productions, LLC (“Egan”, “Company”, “us”, “we”, “our”) concerning your use of the Website and any other digital platform where these Terms of Use are posted, interactive features or downloads that are made available through our Website, and content available on our Website.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE ACCESSING AND USING THIS WEBSITE. All users of this Website agree that access to and use of this Website (regardless of whether or not you register with the Website) through any means are subject to the following terms and conditions and other applicable law. If you do not agree to these Terms of Use, please do not use this Website. THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
All references to “you” or “your,” or such correlative meanings herein, as applicable, means the person who accesses, uses, and/or participates in the Website in any manner, and each of your heirs, assigns, and successors. Company reserves the right to deny access to any person who violates these Terms of Use.
We may add, change, remove, suspend or discontinue any aspect of the Website at any time without notice. We may also impose limits on certain features and services or restrict access to parts of or all of the Website without notice or liability. In order to use or access the Website, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.).
Eligibility
The Website is intended solely for persons who are 18 years old or older. Any access to or use of the Website by anyone under the age of 18 is expressly prohibited. By accessing or using the Website you represent and warrant that you are 18 years old or older. We are committed to protecting the privacy of children. You should be aware that the Website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Copyright
The entire content included in this Website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of the John Wick Experience and its licensors and/or partners, as applicable. The use, reuse, access, storing, copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, alteration, display, archiving, sub-licensing, transferring, posting, translating, creating derivative works, assigning, loaning, pledging, granting of a security interest, granting of a lien, encumbering, conveying, transferring, downloading, exchanging, exhibiting, performing, exploiting, uploading, transmitting, broadcasting, hosting, indexing, caching, tagging, encoding, compiling, adaptation, creation of a collection with, or publication by you, directly or indirectly, of the Website content, including the removal or alteration of advertising, except expressly permitted under the limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website. Copying, archiving or storing any part of the site for a purpose that is not permitted by these Terms of Use is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the Website. Without limiting the generality of the foregoing, except where explicitly provided for herein or on the Website, you may not republish any portion of the Website content on any Internet, Intranet, extranet site or any other online or offline publication, or incorporate the Website content in any database, compilation, archive, cache, or similar medium. You may not distribute any Website content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display, exploit, or otherwise use any portion of the content. You may not scrape or otherwise copy our Website content without the permission of Company. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website nor to insert any code or product or manipulate the Website content or the Website in any way or for any purpose, and not to use any data mining, data gathering or extraction method. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with the John Wick Experience or purchasing the John Wick Experience products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with the John Wick Experience or to purchase the John Wick Experience products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by Company. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
Trademarks
All trademarks, service marks and trade names of the John Wick Experience used in the Website and at the attraction are trademarks or registered trademarks of the John Wick Experience, Egan, Area 15 Las Vegas LLC and its affiliates (“Area 15”), and/or Lions Gate Entertainment Inc. and its subsidiaries and affiliates (“Lionsgate”, together with Egan, Area 15 and the John Wick Experience, collectively, the “John Wick Experience Entities”), as applicable. Any use of the trademarks, service marks and trade names used on this Website and at the John Wick Experience is prohibited without the express authorization and approval of their respective owners.
Warranty Disclaimer
This Website and the materials and products on this Website are provided “as is” and without warranties of any kind, whether express or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE JOHN WICK EXPERIENCE ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The John Wick Experience Entities do not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components. The John Wick Experience Entities do not make any warrantees or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.. The Website and the John Wick Experience Entities have no responsibility for actions of third parties or for content provided by others, including without limitation User Content (as defined below). The Website and the John Wick Experience Entities are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus or malware that may infect, your computer equipment, mobile device, or other property. The Website may contain facts, views, opinions, statements and recommendations of third-party individuals and organizations. The Website and the John Wick Experience Entities do not represent or endorse the accuracy, up-to-date nature, or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Website. Any reliance upon any such opinion, advice, statement or information is at your sole risk.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
All content and information in the Website is for informational purposes only, and is not intended to be a substitute for, or replace, any professional advice or relationship.
The John Wick Experience Entities do not recommend, guarantee or endorse any specific products, services, companies, processes, goods, opinions, or other information that may be mentioned on the Website. The John Wick Experience Entities expressly do not recommend, guarantee or endorse any specific products, services, companies, processes, and goods referenced in any advertising provided through or on the Website. You should make your own determination and seek the advice of your own professionals with any questions you may have about any matter mentioned on the Website. Reliance on any information provided by the John Wick Experience Entities, or their personnel is solely at your own risk.
Our mission and goal of the Website is to provide you helpful and useful information about the John Wick Experience, our Company, and our offerings, products, services and collaborative partners.
Limitation of Liability
THE JOHN WICK EXPERIENCE AND/OR ANY OF ITS LICENSORS AND/OR PARTNERS (INCLUDING THE JOHN WICK EXPERIENCE ENTITIES) AND/OR THEIR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, AGENTS, REPRESENTATIVES, INSURERS, OWNERS, PARTNERS, MEMBERS, PERSONNEL, VENDORS, OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, ARISE FROM, RELATE TO, OR OTHERWISE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN, EVEN IF THE JOHN WICK EXPERIENCE AND/OR ITS LICENSORS AND/OR PARTNERS (INCLUDING THE JOHN WICK EXPERIENCE ENTITIES) AND/OR THEIR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, AGENTS, REPRESENTATIVES, INSURERS, OWNERS, PARTNERS, MEMBERS, PERSONNEL, VENDORS, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE JOHN WICK EXPERIENCE AND/OR ANY OF ITS LICENSORS AND/OR PARTNERS (INCLUDING THE JOHN WICK EXPERIENCE ENTITIES) AND/OR THEIR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, AGENTS, REPRESENTATIVES, INSURERS, OWNERS, PARTNERS, MEMBERS, PERSONNEL, VENDORS, OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY LOSSES OR INJURIES THAT ARISE OUT OF THE ACT OR OMISSIONS OF THE JOHN WICK EXPERIENCE AND/OR ANY OF ITS LICENSORS AND/OR PARTNERS (INCLUDING THE JOHN WICK EXPERIENCE ENTITIES) AND/OR THEIR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, AGENTS, REPRESENTATIVES, INSURERS, OWNERS, PARTNERS, MEMBERS, PERSONNEL, VENDORS, OR SUPPLIERS, THE LOSSES OR LIABILITY, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY USE OR EXPLOITATION OF ANY SITE, ANY INTELLECTUAL PROPERTY RIGHT OR OTHER PROPERTY RIGHT OF ANY PARTY, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY ANY PARTY (INCLUDING THE JOHN WICK EXPERIENCE ENTITIES), AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE USE, DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SITE, ANY INTELLECTUAL PROPERTY RIGHT OR OTHER PROPERTY RIGHT OF ANY PARTY, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY ANY PARTY (INCLUDING THE JOHN WICK EXPERIENCE ENTITIES) OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING ANY PORTION OF THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Typographical Errors
In the event that a John Wick Experience product is mistakenly listed at an incorrect price, Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Company shall issue a credit to your credit card account in the amount of the incorrect price.
Transactions and E-Commerce
During your visit to the Website, you may elect to engage in a transaction involving the purchase of a product or a service, such as a ticket to an event or attraction. Credit card transactions and order fulfillment are handled by a third-party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. Transactions may be subject to the terms and conditions of the third-party ecommerce provider and third-party event promoter. You hereby agree that all returns, cancellations, or other issues with any purchase made on or through the site with such third party ecommerce provider and/or third party event promoter (i) will be solely dealt with between you and the ecommerce provider or third-party event promoter, and (ii) you will not assert any claims against the John Wick Experience Entities or the Website regarding such purchases.
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.
You may have the right to cancel an order placed for a product – depending on the nature of the product. Please read the following information carefully so you understand your right of cancellation. If you wish to cancel, you must do so by following the cancellation instructions for the particular product.
We may revise the pricing for the products we offer. When you place your order, we estimate the applicable tax and include that estimate in the total for your convenience. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
Term; Termination
These Terms of Use are applicable to you upon your accessing and/or using the Website and/or completing the registration or shopping process. These Terms of Use, or any part of them, may be terminated by Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Governing Law, Other and all other provisions for which survival is equitable or appropriate, shall survive any termination.
Notices
The John Wick Experience may deliver notices to you by means of e-mail, a general notice on the Website, or by other reliable method using the contact information you have provided to the John Wick Experience.
Governing Law, Other
Your use of this Website shall be governed in all respects by the laws of the State of Nevada, U.S.A., without regard to choice of law provisions. FOR ANY DISPUTE THAT IS NOT SUBJECT TO BINDING ARBITRATION, YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS WEBSITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF THE JOHN WICK EXPERIENCE PRODUCTS AND/OR SERVICES) SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN CLARK COUNTY, NEVADA. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of the John Wick Experience products and/or services) must be commenced within one (1) year after the claim or cause of action arises. Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Company may assign its rights and duties under this agreement to any party at any time without notice to you.
Use of Website
Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a John Wick Experience or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, false, fraudulent, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. You may not upload any content that: is copyrighted or other proprietary material of any kind without the express permission of the owner of that material; contains vulgar, profane, abusive, racist or hateful language, expressions, epithets, slurs, text, photographs or illustrations, or is in poor taste, or is an inflammatory attack of a personal, racial or religious nature; may cause any harm or damage to the Website, you, the John Wick Experience Entities or anyone else; violates any right of the Website, the John Wick Experience Entities or any third party; infringes other individuals privacy rights or rights of publicity; discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; violates or encourages the violation of any municipal, state, federal or international law, rule, regulation, ordinance, or similar requirement; interferes with any third party’s use or enjoyment of the Website; advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; collects any user content or information, or otherwise accesses the Website using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission; violates any robot exclusion headers of the Website, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Website; shares, recompiles, decompiles, disassembles, reverse engineers, or makes or distributes any other form of, or any derivative work from, the Website; attempts to scrape or collect any personal or private information from other users or from the Website; pretends to come from someone other than you, or where you are impersonating someone else; intercepts or monitors, damages, or modifies any communication not intended for you; uses or attempt to use another’s registration account, password, service or system except as expressly permitted by the Terms of Use; uploads or transmits viruses or any other harmful, disruptive or destructive files, materials or code; disrupts, interferes with, or otherwise harms or violates the security of the Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked sites; “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or otherwise breaches these Terms of Use.
You will not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the sites’ software, HTML, JavaScript, or other code; you will not reverse engineer, disassemble, decompile, reverse assemble, modify or attempt to discover any source code that the Website creates to generate its web pages; or any software or other products or processes accessible through the Website. You will not insert any code or product to manipulate the Website content in any way that affects any user’s experience. You will not take any action to test the security of the Website or otherwise violate the security of the Website. You will not use the Website or Website content for commercial, promotional or non-personal use.
You acknowledge that we have no obligation to monitor any users’ access to or use of the Website, or to review or edit any Website content or User Content, but we have the right to do so in our sole discretion: (i) for the purpose of operating and improving the Website (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) to ensure your or another user’s compliance with these Terms of Use; (iii) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body; or (iv) to address content that we determine is otherwise objectionable or violates these Terms of Use. We reserve the right, at any time and without prior notice, to delete, remove, block, or disable access to any Website content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms of Use, otherwise harmful to the Website, or for any other reason that we deem appropriate. In order to protect the integrity of the Website, we also reserve the right at any time in our sole discretion to block users from certain IP addresses or geographic locations from accessing and using the Website.
You acknowledge, consent, and agree that we may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary: (i) to respond to claims asserted against us or to comply with legal process (for example, subpoenas, warrants, or other process ); (ii) to enforce or administer our agreements with users, including without limitation these Terms of Use; (iii) to render services you request; (iv) to protect the rights or property of the Website, the John Wick Experience Entities, and their respective third-party suppliers, service providers, and licensors; (v) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; (vi) to protect the rights, property or safety of the Website, the John Wick Experience Entities, its users, or members of the public; or (vii) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of us, you or others.
User Registration
Registration is not required to view certain Website content. However, to use some parts of the Website, you may be required to register or subscribe and provide certain information about yourself. If you become a registered member of the Website, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of the Website, in whole or in part, if more than one individual accesses the Website using any single registration account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Website using your name in whole or in part without your permission. If you believe someone has accessed the Website using your registration account and password without your authorization, e-mail us immediately at info@johnwickexperience.com. All information provided in connection with registration of portions of the Website is subject to the Privacy Policy.
Promotions
The Website may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.
User Content Representations and Warranties
By submitting, placing, uploading, delivering or providing any information or material on or through the Website, including but not limited to posting content or communications to any Website comment area, forum, blog, or chat area, or posting text, images, audio files, video clips, pictures, bulletin boards, wiki, or any audio-visual content to the Website (collectively, “User Content”), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Use; and (2) the User Content will not cause injury to any person, group or entity. You represent and warrant that the User Content does not breach any of the requirements set forth in these Terms of Use, and it will not violate any law, rule, or regulation. You further agree that you are solely liable for any and all claims, demands, investigations, damages, liabilities, losses, judgments, settlements, including attorneys’ fees, connected to, resulting from, related to or arising from your breach of any representation or warranty herein, or other violation of the terms of these Terms of Use.
User Content License
For all User Content you transmit, post, upload, e-mail, or otherwise make available (in this section – “Provide”) to the Website, you grant the John Wick Experience Entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works, and exercise all rights protected under the Copyright Act of 1976 (17 U.S.C §101 et. seq.) from such User Content, in whole or in part, in any form, format, or medium, of any kind now known or later developed for any purpose. Without limiting the generality of the previous sentence, you authorize the John Wick Experience Entities to: (i) share the User Content across all websites, mobile applications, publications and other online and offline services affiliated with the John Wick Experience Entities; (ii) repost, transmit, and upload such User Content to other services; (iii) include the User Content in a searchable format accessible by users of the Website and other John Wick Experience Entities’ websites, mobile applications, publications and other online services; (iv) place advertisements in close proximity to such User Content; and (v) use your name, likeness and any other information you Provide in connection with our use of the material you Provide. You further agree that the John Wick Experience Entities, their affiliates and representatives will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, access, store, copy, reproduce, rearrange, sell, lease, rent, distribute, redistribute, modify, alter, display, archive, sub-license, transfer, post, translate, create derivative works, assign, loan, pledge, grant a security interest, grant a lien, encumber, convey, download, exchange, exhibit, perform, exploit, upload, transmit, broadcast, host, index, cache, tag, encode, compile, form a collection with, or publicize or adapt, reverse engineer, disassemble, decompile, reverse assemble, modify or attempt to discover any source or object code any of the User Content or portions thereof, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever (including for advertising, marketing, publicity, commercial purposes, promotional purposes), in any jurisdiction throughout the world, including, without limitation, developing, manufacturing and marketing products using such User Content.
You waive all moral rights with respect to any User Content you Provide to the Website. You also grant the John Wick Experience Entities the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you Provide or otherwise submit for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this section are granted without the need for additional compensation of any sort by the John Wick Experience Entities to you or to any other person or entity. You agree that you will indemnify, defend, and hold harmless the John Wick Experience and the other Indemnified Parties (as defined below) for all claims resulting from User Content you post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under these Terms of Use.
Communications with Third Parties Through the Website
Your dealings or communications through the Website with any party other than the John Wick Experience Entities are solely between you and that third party. For example, certain areas of the Website may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will the Website and/or the John Wick Experience Entities be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.
Copyright Infringement
In accordance with applicable law, it is the policy of the Website, in appropriate circumstances, to terminate the registration account of a member who is deemed to infringe third-party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Website, please provide substantially the following information to our copyright claims agent (please consult your legal counsel or see 17 U.S.C. §512(c)(3) to confirm these requirements):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of your copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Website (providing us with website URL is the quickest way to help us locate content quickly);
- your e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Website’s copyright claims agent can be reached as follows:
The John Wick Experience – Copyright Claims
Attn: Legal Department
3216-3228 WEST DESERT INN ROAD
Las Vegas, NV 89102
Email: info@johnwickexperience.com
Participation Disclaimer
Company does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Content on the Website, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property rights of another or (d) offensive or otherwise unacceptable to Company in its sole discretion.
You acknowledge and agree that you are prohibited from accepting payment for User Content, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in User Content.
User Content Assumption of Risk
Although the Website may from time to time monitor or review postings, transmissions, and the like on the Website, it cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to the Website is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you Provide. To protect your safety, please use your best judgment when using the Website and any areas of the Website with User Content. Please do not divulge personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures on, through or to the Website, you do so fully understanding that such information could be used to identify and contact you, including unwelcome or undesirable contacts.
Indemnification
You agree to indemnify, defend, and hold harmless the John Wick Experience Entities, and their respective affiliates, and each of their officers, directors, employees, agents, licensors, managers, members, representatives, owners, personnel, insurers, parent and/or subsidiary companies, vendors, and suppliers (collectively the “Indemnified Parties”) from and against all claims, proceedings, disputes, lawsuits, actions, investigations, losses, liabilities, penalties, expenses, damages and costs, including legal and attorneys’ fees, resulting from, arising from, related to, or otherwise in connection with your participation in or connected to the John Wick Experience and/or your access or use of this Website, including without limitation any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account, any violation of these Terms of Use, any User Content that you post or upload, and any agreement or relationship between you and any third party. You will use your best efforts to cooperate in the defense of any claim which indemnification is sought. Notwithstanding the foregoing, in the event you fail to properly assume defense of such claim or respond thereto within a reasonable period of time, or fail to properly defend such claim in a diligent and competent manner, the Indemnified Parties may assume sole control and defense thereof (as applicable) and, upon such event, the Indemnified Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against the Indemnified Parties herein under the terms and provisions of this Section on your account and on your risk. The Indemnified Parties may participate in the defense of any such claim (or portions thereof) at their expense if they deem their interests conflict with those of yours in your defense thereof. In no event shall you settle or consent to any order on any claim without the Indemnified Parties’ prior written approval.
Third-Party Links
In an attempt to provide increased value to our visitors, the Website may link to sites operated by third parties. However, even if the third party is affiliated with the John Wick Experience and/or the Website, the John Wick Experience and/or the Website have no control over these linked sites, all of which have separate privacy and data collection practices, independent of the John Wick Experience and/or the Website. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Company seeks to protect the integrity of the Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for sites it links to as well (including if a specific link does not work). By using the Website, you acknowledge and agree that the John Wick Experience Entities are not responsible or liable to you for any content or other materials hosted, served, or residing on the domain from any websites other than the Website and then only to the extent provided for herein. If you use the hyperlinks to access these other third party sites, you will leave the Website and your browser will be re-directed to the other third party sites. The other third party sites may have their own terms of service and privacy policy and those other third party sites may have different practices and requirements than the Website. The John Wick Experience Entities do not warrant or make any representation or warranty regarding the legality, accuracy, authenticity, reliability, sufficiency, truth, suitability, quality, validity, timeliness, completeness, adequacy, currency of content presented by the other third party sites. The hyperlinks to other third party sites do not constitute an endorsement, warranty or guarantee by the John Wick Experience Entities. The Website is only providing these links to you as a convenience. You use such other third party sites at your own risk and assume all liability arising therefrom.
During your visit to the Website, you may link to, or view as part of a frame, certain content that is actually created, hosted and/or licensed by a third party. You acknowledge and agree that the Website and the John Wick Experience is not responsible for the availability of external websites or resources, nor for the content, actions, or policies of those sites. Information you provide on such websites, including personal information and transactional information, is subject to the applicable terms and conditions and privacy policy of those websites.
Any web site that links to the Website: (a) must not frame or create a browser or border environment around any of the Website content; (b) may link to, but not replicate, display, reproduce, the Website content; (c) must not imply that the John Wick Experience Entities or the Website is endorsing, warranting or sponsoring it or its products; (d) must not present false, deceptive, inaccurate or misleading information about the John Wick Experience or its products or services; (e) must not use any trademarks of the John Wick Experience Entities; and (f) must not contain content that could be construed as questionable content. By linking to any of the Website, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, Company reserves the right to deny permission to link to the Website for any reason in its sole and absolute discretion.
International Users
The Website is controlled, operated and administered by Company or its designees from offices within the United States. The Website and Company make no representation that materials or Website content available through the Website are appropriate or available for use outside the United States. Access to the Website is prohibited from territories where the Website content is illegal. You may not use the Website or export the Website content and/or User Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all applicable laws.
Modifying These Terms
The Website and Company reserves the right to change these Terms of Use at any time in their respective discretion and to notify users of any such changes solely by changing the Effective Date of these Terms of Use. The most current version of these Terms of Use will supersede all previous versions. Your continued use of the Website after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. Your use of the Website prior to the time these Terms of Use were posted will be governed according to the Terms of Use as modified.
Discontinuation of Service
The Website may modify, suspend, discontinue or restrict the use of any portion of the Website, including the availability of any portion of the Website content at any time, without notice or liability. The Website may deny access to any registered member or other user at any time for any reason, or no reason at all in our sole discretion. In addition, the Website or the John Wick Experience Entities may at any time transfer rights and obligations under these Terms of Use to any party.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms of Use or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms of Use. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms of Use, you agree to resolve any and all disputes with the John Wick Experience Entities as follows:
Initial Dispute Resolution. Most disputes can be resolved without resorting to litigation. You can reach us at info@johnwickexperience.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration (except with respect to the exceptions set forth below).
Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Use (including the Terms of Use’s or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Website shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use or the Privacy Policy, including but not limited to any claim that all or any part of these Terms of Use or the Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 3800 Howard Hughes Parkway, 11th Floor, Las Vegas, NV 89169; and (c) send one copy of the Demand for Arbitration to the John Wick Experience at 3216-3228 WEST DESERT INN ROAD, Las Vegas NV 89102, Attn.: Legal Department, with a mandatory copy to Lionsgate at 2700 Colorado Avenue, Santa Monica, CA 90505, Attn: General Counsel.
You are responsible for your own filing fees, arbitrator and hearing expenses, and attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in Clark County in the State of Nevada, United States of America, and you and the John Wick Experience Entities agree to submit to the personal jurisdiction of any federal or state court in Clark County, Nevada in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
CLASS ACTION WAIVER. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THE JOHN WICK EXPERIENCE ENTITIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.
Exception. Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights. “Intellectual property rights” include patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to info@johnwickexperience.com with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms of Use; or (b) the first date that you used the Website that contained any versions of the Terms of Use that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, the John Wick Experience Entities also will not be bound by them.
Changes to Dispute Resolution and Choice of Law. Any changes to this the choice of law, dispute resolution and dispute resolution venue will be made in the same manner as described in the section entitled “Modifying These Terms” above; however, such changes will only become effective sixty (60) days after the revised Effective Date of these Terms of Use and will only apply prospectively to claims arising after the sixtieth (60th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Mandatory Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Website.
Survival. The Mandatory Arbitration and Class Action Waiver sections and terms shall survive any termination of your account or the Website.
Force Majeure
The failure of the Website or Company to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, pandemic, government imposed closure, government imposed limitations, government executive orders, government directives, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Website or Company or other force majeure event will not be considered a breach of these Terms of Use.
No Waiver
Any failure of the Website or Company to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.
No Third-Party Beneficiaries
You agree, except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use (other than the Indemnified Parties).
Section Titles
The section titles used in these Terms of Use are purely for convenience and carry with them no legal or contractual effect.
Conflicts
In the case of a conflict between these Terms or Use and the terms of any electronic or machine readable statement or policy, these Terms of Use shall control. In case of a conflict between these Terms of Use and our Privacy Policy, the Privacy Policy controls.
No Joint Venture, Partnership, or Agency Relationship
No joint venture, partnership or agency relationship exists between you and the Website. These Terms of Use, our Privacy Policy, any uses of the Website by you, and any information, products, or services provided by the Website to you do not create and shall not be construed to create a joint venture, partnership or agency relationship between you and the Website or the John Wick Experience Entities.
Material Terms
You agree that the provisions of these Terms of Use that limit liability and disclaim warranties are essential terms of these Terms of Use. You understand and agree that Company will determine your compliance with these Terms of Use in its sole discretion.
Entire Agreement
These Terms of Use (and such other policies and terms referenced herein, including the Privacy Policy) constitute the entire agreement between you and the Website and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms of Use will be binding unless expressly consented in writing by Company. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder.
Effective Date: March 12, 2024
