Last updated: March 24, 2023
Section 1: Introduction and Overview. Welcome to Prismajic! These Terms and Conditions (“Terms”) govern your use of our website, products, and services. By using our website, products, and services, you agree to these Terms. If you do not agree to these Terms, you may not use our website, products, or services. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person logged onto this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States and State of Colorado. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to
Section 2: COVID Warning. By purchasing a ticket to a Prismajic experience, you acknowledge the contagious nature of COVID19 and voluntarily assume the risk that you may be exposed to or infected by COVID19 by attending a Prismajic experience. You agree to comply with all applicable laws and regulations related to COVID19, including but not limited to wearing a mask and social
Section 3: Use of the Services and Content. You may use our website, products, and services only for lawful purposes and in accordance with these Terms. You agree not to use our website, products, or services:
– In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
– For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
– To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
– To impersonate or attempt to impersonate Prismajic, a Prismajic employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
– To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our website, products, or services, or which, as determined by us, may harm Prismajic or users of our website, products, or services or expose them to liability.
Section 3.1: Limited License. Subject to your compliance with these Terms of Service, we grant you a limited, nonexclusive, nontransferable, nonsublicensable license to access and make personal and noncommercial use of the Service. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by us, our affiliates, licensors, partners, and other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Prismajic without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us.
To protect all parties’ intellectual property rights, any unauthorized use of the Content of Prismajic may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Section 4: Restrictions. You are prohibited from violating or attempting to violate any security features of our website, products, or services,including, without limitation:
– Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access.
– Attempting to probe, scan, or test the vulnerability of our website, products, or services, or any associated system or network, or to breach security or authentication measures without proper authorization.
– Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our website, products, or services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing.”
– Using our website, products, or services to send unsolicited email, including, without limitation, promotions or advertisements for products or services.
– Forging any TCP/IP packet header or any part of the header information in any email or in any posting using our website, products, or services. Restrictions. You may only access and use the Services of Prismajic if you are at least twelve (12) years old or accompanied by a parent or legal guardian who agrees to these Terms on your behalf. You must comply with all applicable laws, regulations, and rules when using the Services and the Content. You must respect our rights and the rights of others in relation to the Services and the Content.
– Without limiting the generality of the foregoing, you agree not to: Engage in any unlawful or illegal activities or encourage others to do so; Infringe or violate our intellectual property rights or those of any third party; Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on any protected characteristic; Provide false or misleading information to us or anyone else through the Services; Upload or transmit any viruses, malware, spyware, or other harmful code that could compromise the security or functionality of the Services, any related website, other websites, or the Internet; Collect or track any personal information of other users of the Services without their consent; Send unsolicited messages, advertisements, promotions, or other spam to anyone through the Services; Use any automated means to access, scrape, copy, or manipulate any part of the Services or Content; Use the Services or Content for any obscene, immoral, unethical, or inappropriate purpose; Interfere with or circumvent any security features or measures of the Services or Content; Use the Services or Content for any commercial purpose without our prior written consent; Harvest any information from the Services or Content for any purpose without our prior written consent; Reverse engineer, modify, alter, adapt, or create derivative works from the Services or Content without our prior written consent; Interfere with the proper operation of or any security measure used by the Services or Content; Use the Services or Content in a way that implies an unauthorized endorsement, affiliation, or sponsorship by us; or Violate these Terms or any Additional Terms that may apply to specific features or aspects of the Services or Content.
We reserve the right to terminate your access to and use of the Services and/or Content at any time and for any reason, with or without notice.
Section 5: Tickets: Refunds, and Exchanges. All tickets are nonrefundable and nontransferable. If you are unable to attend a Prismajic experience, you may exchange your ticket for another date and time, subject to availability. To exchange your ticket, please contact us at least24 hours before the scheduled start time of the experience.
Section 6: Products: Refunds, and Exchanges. All returns must be made within 30 days of purchase with a receipt and in original condition. Tags must be attached. If you receive a defective or damaged product, please contact us within 14 days of receipt to arrange for a replacement.
Section 7: Submissions, Comments, and Feedback. When you send us any Submissions, either at our request or on your own initiative, you agree to grant us a broad and unlimited license to use your Submissions in any way we see fit. This license includes the right to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense to others, publicly perform and display your Submissions for any purpose and in any format or medium. You also allow us to use your name and other personal information in connection with your Submissions. You waive any rights of approval or moral rights that you may have in your Submissions and agree not to interfere with our use of them. You acknowledge that you will not receive any compensation or recognition for granting us this license. You also acknowledge that we are not obligated to use your Submissions and that we may have similar or identical ideas already under development or consideration. By sending us your Submissions, you do not limit our existing or future intellectual property rights in any way. By submitting any content to us, you agree to abide by the following terms and conditions. You acknowledge that you own or have the necessary rights and permissions to use and share your content with us and our users. You agree not to infringe any intellectual property rights of any third party, such as copyrights, trademarks, privacy rights, or personality rights. You also agree not to post any content that is libelous, unlawful, abusive, obscene, or harmful to our services or any related website. You will not use a false identity or misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the quality and accuracy of your content and for any consequences that may arise from it. We do not endorse, approve, or assume any liability for any content submitted by you or any third party. We reserve the right to remove or modify any content that violates these terms and conditions or our policies at our sole discretion. You further represent and warrant that if your content contains licensed music, you have obtained all the necessary licenses and permissions from the relevant copyright holders and that we are not obligated to pay any royalties or fees to anyone for using your content. You understand that you will not receive any compensation or recognition for granting us the rights to use your content in accordance with these terms and conditions. You also acknowledge that we may have similar or identical ideas or concepts to your content and that our use of them does not infringe your rights.
Section 8: Accounts. You may be required to create an account to use certain features of our website, products, or services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Section 9: Sweepstakes, Contests, and Promotions. From time to time, we may offer sweepstakes, contests, or other promotions. These promotions are subject to additional terms and conditions, which will be made available to you at the time of the promotion.
Section 10: Third Party Services. Our website, products, and services may contain links to third-party websites or services that are not owned or controlled by Prismajic. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Prismajic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
Section 11: Advertisements. We may display advertisements on our website, products, or services. These advertisements may be targeted to users based on their visits to our website, products, or services or other websites. We do not endorse the content of any advertisement, nor do we guarantee the accuracy or completeness of any information contained in any advertisement.
Section 12: DMCA/Copyright Policy. We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com.
Section 13: Communications. By using our website, products, or services, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to our website, products, or services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Section 14: Customer Support If you have any questions or concerns about our website, products, or services, please contact us at firstname.lastname@example.org.
Section 15: Errors, Inaccuracies, and Omissions. Occasionally there may be information on our website, products, or services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on our website, products, or services is inaccurate at any time without prior notice (including after you have submitted your order). The information that we provide on the Services or on any related website is accurate and current to the best of our knowledge. However, we do not guarantee that this information will remain accurate, complete, or up to date at all times. We reserve the right to change or update any information on the Services or on any related website at any time and without prior notice unless we are legally obligated to do otherwise. You should not rely on the date of any update or refresh indicated on the Services or on any related website as an indication that the information has been changed or updated. You should always check the information for accuracy and completeness before making any decisions based on it.
Section 16: Disclaimers. Our website, products, and services are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of our website, products, or services or the information, content, materials, or products included on our website, products, or services. You expressly agree that your use of our website, products, or services is at your sole risk. By using the Services provided by Prismajic, you acknowledge and agree to the following terms and conditions. The Services are offered on an “as is” and “as available” basis, without any warranties or guarantees of any kind. Prismajic does not guarantee that the Services will meet your expectations, requirements, or needs, or that they will be uninterrupted, timely, secure, or error-free. Prismajic does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You understand and agree that you are solely responsible for your use of the Services and any consequences thereof.
Prismajic reserves the right to modify, suspend, or terminate the Services and/or Content at any time, for any reason, without prior notice to you. You agree that Prismajic will not be liable to you or any third party for any modification, suspension, or termination of the Services and/or Content.
You further acknowledge and agree that the Services and components thereof are potentially dangerous and hazardous activities that involve the risk of injury or death to you or others and/or the risk of property damage. You voluntarily agree to accept and assume any and all risks of injury, death and/or damage associated in any way with your participation in and/or interaction with the Services. You represent and warrant that you are physically fit, and you do not suffer from any medical condition, ailment, or other condition that could in any way limit your ability to participate in and/or interact with the Services or that could or might cause injury to you as a result of your participation in and/or interaction with the Services. You agree to abide by all the rules in connection with the Services and to obey the directions of Prismajic in connection with the Services.
As consideration for Prismajic permitting you to participate in and/or interact with the Services, you hereby agree that neither you nor your personal and legal representatives, assigns and/or heirs may make a claim against, sue or attach the property of Prismajic and/or any related entity, and/or the agents, officers and employees of any of them for any injury to you (including death) or damage as a result of your participation in and/or interaction with the Services. By entering Prismajic’s premises or participating in its activities, you acknowledge that there may be situations where you need urgent medical attention or other related services. You authorize Prismajic or any qualified medical personnel to provide you with such services as they deem necessary or appropriate in their reasonable judgment. You also understand and agree that this does not imply any responsibility or obligation on Prismajic’s part to offer or continue to offer any such services, nor does it waive any of Prismajic’s rights under this agreement. You further agree that this release and waiver of liability is meant to be as broad and inclusive as allowed by applicable law, and that if any part of it is found to be invalid, the rest of it will remain valid and enforceable.
Section 17: Limitation of Liability. In no event shall Prismajic, its directors, officers, employees, or agents be liable to you or any third party for anydirect, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
– Errors, mistakes, or inaccuracies of content.
– Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, products, or services.
– Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
– Any interruption or cessation of transmission to or from our website, products, or services.
– Any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website, products, or services by any third party.
– Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via our website, products, or services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Prismajic is advised of the possibility of such damages.
Section 18: Indemnification. You agree to indemnify, defend, and hold harmless Prismajic, its directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
– Your use of and access to our website, products, or services.
– Your violation of any term of these Terms of Service.
– Your violation of any third party right, including without limitation any copyright, property, or privacy right.
– Any claim that your content caused damage to a third party.
Prismajic has the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Prismajic’s defense of any claim. You cannot settle any claim without Prismajic’s prior written consent.
Section 19: Termination. We may terminate or suspend access to our website, products, or services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Section 20: Governing Law. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado.
Section 21: Dispute Resolution Any dispute arising out of or related to these Terms of Service or the use of our website, products, or services shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions. Any such dispute shall be resolved exclusively in the state or federal courts located in Denver County, Colorado. You and Prismajic agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the use of the Services (“Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court (a “Small Claims Action”) and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the State of Colorado and Prismajic and you waive any objection to jurisdiction and venue in such courts and consent to their jurisdiction. You agree you may bring arbitration claims only on your own behalf and not on behalf of
any other person or entity.
Unless you timely provide us with an Arbitration Opt-out Notice (as defined below in the subsection titled “Your Choices”), you acknowledge and agree that you and Prismajic are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Prismajic otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. This clause does not limit either party’s ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data, or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person’s account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section 11. (The AAA Rules are available at https://www.adr.org/mediation or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section 11.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you and Prismajic otherwise agree, the arbitration will be conducted in the state where you reside, with the option for you to participate telephonically to the extent the AAA Rules allow. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Prismajic submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions which the arbitrator based its award on. Judgment on the arbitration award may be entered in any court having jurisdiction over the arbitration award. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” subsection of these Terms as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Prismajic will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration, unless such arbitration is found by the arbitrator to be frivolous under the standards of the Federal Rules of Civil Procedure 11(b) and in that case Prismajic shall be entitled to recover attorneys’ fees in addition to any damages awarded to it.
Fees. If the arbitrator finds that your payment of the administrative and arbitrator fees (excluding any attorney’s fees) under this subsection is a burden on you, we agree to pay those fees for you (but not any attorney’s fees).
Changes. By rejecting any changes to these Terms you agree that you will arbitrate any Dispute between you and Prismajic in accordance with the provisions of this Section 18 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Your Choices. If you do not want to settle Disputes by arbitration as described above, you will notify us by sending us written notice (including by email to email@example.com) telling us that you don’t want to use arbitration, within thirty (30) days of the date on which you agreed to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except for a Small Claims Action and an IP Protection Action as stated above. Investigations. We reserve the right to investigate and prosecute any suspected breaches of these Terms or the Services. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.
Section 22: Waiver of Injunctive or Other Equitable Relief. In the event of a breach or threatened breach of these Terms of Service by you, we may suffer irreparable harm and will therefore be entitled to injunctive relief or other equitable relief (without the obligations of posting any bond or surety) in addition to all legal remedies, which may be available to us. Nothing contained in these Terms of Service shall be construed to limit remedies available pursuant to statutory or other claims that we may have under separate legal authority.
Section 23: Changes to Terms and to Services. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 24: Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 25: Entire Agreement The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Section 26: Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Section 27: California Residents If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them by mail at 1625 N. Market Blvd, Suite N112, Sacramento, CA 95834, or by phone at 916-445-1254. Further information may be found at http://www.dca.ca.gov.