The following terms and conditions govern all use of the https://flysnf.org website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by SUN ‘n FUN (“SUN ‘n FUN”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SUN ‘n FUN’s Privacy Policy) and procedures that may be published from time to time on this Site by SUN ‘n FUN (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by SUN ‘n FUN, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Responsibility of Website Visitors. SUN ‘n FUN has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, SUN ‘n FUN does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SUN ‘n FUN disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which https://www.flysnf.org links, and that link to https://www.flysnf.org. SUN ‘n FUN does not have any control over those non-SUN ‘n FUN websites and webpages, and is not responsible for their contents or their use. By linking to a non-SUN ‘n FUN website or webpage, SUN ‘n FUN does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SUN ‘n FUN disclaims any responsibility for any harm resulting from your use of non-SUN ‘n FUN websites and webpages.
- Copyright Infringement and DMCA Policy. As SUN ‘n FUN asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by https://www.flysnf.org violates your copyright, you are encouraged to notify SUN ‘n FUN in accordance with SUN ‘n FUN’s Digital Millennium Copyright Act (“DMCA”) Policy. SUN ‘n FUN will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SUN ‘n FUN will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SUN ‘n FUN or others. In the case of such termination, SUN ‘n FUN will have no obligation to provide a refund of any amounts previously paid to SUN ‘n FUN.
- Intellectual Property. This Agreement does not transfer from SUN ‘n FUN to you any SUN ‘n FUN or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SUN ‘n FUN. SUN ‘n FUN, https://www.flysnf.org, the https://www.flysnf.org logo, and all other trademarks, service marks, graphics and logos used in connection with https://www.flysnf.org, or the Website are trademarks or registered trademarks of SUN ‘n FUN or SUN ‘n FUN’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SUN ‘n FUN or third-party trademarks.
- Advertisements. SUN ‘n FUN reserves the right to display advertisements contracted by advertisers through ad purchase or sponsorship agreements.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- SUN ‘n FUN ticketing system and event Admissions Our website, flysnf.ticketapp.org is the official website to purchase tickets for the Aerospace Expo and other events at the SUN ‘n FUN campus. No other entities are affiliated with SUN ‘n FUN for the purpose of selling admission, parking or event tickets for events held by SUN ‘n FUN, the Aerospace Center for Excellence or the Florida Air Museum. Third-party ticket sale websites do not have permission to sell or resell our tickets; therefore, tickets purchased through these venues are not guaranteed for entry or refunds and SUN ‘n FUN is not responsible for the resolution of ticket issues if purchased from any of these sites. Admission to our events will not be permitted upon presentation of counterfeit, altered or transferred tickets purchased from an unauthorized site. Valid admission tickets are exchanged for an event wristband to match the purchase for the single or weekly ticket. Admission wristbands are not transferable to another person and will be confiscated, surrendered and/or deactivated for misuse with no refunds. Each guest must wear their admission wristband at all times while on the SUN ‘n FUN grounds or in the SUN ‘n FUN campground. Any guest displaying counterfeit or altered credentials will be removed from the grounds and may face prosecution. Purchasers of tickets: By selecting a product or service, you agree to pay SUN ‘n FUN the applicable price and any fees indicated at time of order. Any disputed credit card payments that cause a reversal of your payment will result in cancelled tickets or services. Payments or tickets are non-refundable at any time whether used or unused. Unused tickets are considered abandoned and will not be applied to future events.
- Event Access. SUN ‘n FUN is a private, non-governmental entity and controls all access to the Aerospace Expo, all use of its property & reserves the right to exclude anyone at any time from the grounds. Tickets are non-refundable whether used or unused. Purchase of tickets indicates agreement of all terms and conditions stated here and on our main website at https://flysnf.org/terms-of-service/
- Changes. SUN ‘n FUN reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SUN ‘n FUN may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. SUN ‘n FUN may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your http://www.sun-n-fun.org account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by SUN ‘n FUN if you materially breach this Agreement and fail to cure such breach within thirty (30) days from SUN ‘n FUN’s notice to you thereof; provided that, SUN ‘n FUN can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. SUN ‘n FUN and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SUN ‘n FUN nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will SUN ‘n FUN, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SUN ‘n FUN under this agreement during the twelve (12) month period prior to the cause of action. SUN ‘n FUN shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the SUN ‘n FUN Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless SUN ‘n FUN, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between SUN ‘n FUN and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SUN ‘n FUN, or by the posting by SUN ‘n FUN of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Polk County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Lakeland, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SUN ‘n FUN may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.