Website Terms of Use
Last Modified: [June 6, 2018]
Acceptance of the Terms of Use
These terms of use are entered into by and between You and ECP Entertainment, LLC D/B/A Emerald City Pirates (“Company“, “Emerald City Pirates”, “we” or “us“). The following terms and conditions (these “Terms of Use“), govern your access to and use of Emerald City Pirates’ website [emeraldcitypirates.com] (the “Website”), services or products (the “ECP Services“).
Please read these Terms of Use carefully before you start to use the ECP Services. By using the ECP Services [or by clicking to accept or agree to the Terms of Use when this option is made available to you], you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy.If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the ECP Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the ECP Services following the posting of revised Terms of Use means that you accept and agree to the changes.
Qualifications
You represent and warrant that you meet the following qualifications: (1) if you are an individual person, that you are at least 18 years of age and a resident of the US; (2) if you are an organization, that you are validly organized under applicable US law, and the person completing this registration is authorized to enter into contracts on the
entity’s behalf; and (3) you are able to form legally binding contracts under applicable law.
The Company does sell services and products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the ECP Services only with involvement of a parent or guardian. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Electronic Communications
When you use any ECP Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site or through the other ECP Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Accessing the Website and Account Security
We reserve the right to withdraw or amend any ECP Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the ECP Services is unavailable at any time or for any period. From time to time, we may restrict access to the ECP Services, in whole or in part.
To access the ECP Services, you may be asked to provide certain registration details or other information. You agree that all information you provide to register with this Website or otherwise, is accurate and complete and is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you use any ECP Service, 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.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the ECP Services and all content, data, information, and materials included in the ECP Services (the “ECP Service Materials”) for your personal, non- commercial use only. You must not modify copies of any materials from this site or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. No right, title or interest in the ECP Services or the ECP Service Materials is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the ECP Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the ECP Services and ECP Service Materials only for lawful purposes and in accordance with these Terms of Use. You agree not to use the ECP Services in any of the following activities, which shall constitute a breach of these Terms of Use:
• Any resale or commercial use of the ECP Services, or the ECP Service Materials;
• Impersonating a third party or implying you are someone other than who you are;
• Distributing viruses or other harmful or malicious computer code;
• Collecting information about others without their explicit written consent;
• Providing your access credentials or otherwise allowing a third party or third party system to use your identification, to pretend they are you, or to access your ECP account; or
• Engaging in any conduct that disrupts or impedes a third party’s use and enjoyment of the ECP Services, or which, otherwise misuses the ECP Services.
User Contributions
The ECP Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards[, LIST ANY OTHER INTERACTIVE FEATURES] and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the ECP Services.
User Contributions must not contain any material which is illegal, obscene, offensive, harassing, threatening, defamatory, pornographic, discriminatory against any individual or group, factually inaccurate, invasive of privacy, infringing of intellectual property rights (including publicity rights) or otherwise injurious to third parties as determined in our sole discretion, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
By providing any User Contribution on the Website, you grant us and our licensees the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You represent and warrant that you own or control all rights in and to the User Contributions, all of your User Contributions do and will comply with these Terms of Use and that you will indemnify Company for all claims resulting from any User Contributions you submit or contribute.
We have the right but not the obligation to monitor and edit or remove any User Contributions or terminate or suspend your access to all or part of the ECP Services for any violation of these Terms of Use. We take no responsibility and assume no liability for any User Contributions posted by you or any third party. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the ECP Services.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy [INSERT AS LINK TO COPYRIGHT POLICY below] for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
THE ECP SERVICES, THE ECP SERVICE MATERIALS AND OTHER SERVICES, PRODUCTS OR MATERIALS PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE
WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE ECP SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ECP SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ECP SERVICES, ANY CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ECP SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the ECP Services or the ECP Service Materials, including, but not limited to, your User
Contributions, any use of the ECP Services or ECP Service Materials other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. Governing Law and Jurisdiction
All matters relating to the ECP Services, the ECP Service Materials and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non- contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal or state courts located in King County, Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy and the Terms of Sale constitute the sole and entire agreement between you and [COMPANY NAMEEmerald City Pirates] with respect to the ECP Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
This website is operated by ECP Entertainment, LLC, D/B/A Emerald City Pirates, 4131 S Four Mile Run Dr Unit A, Arlington, VA 22204.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: emeraldcitypirates@gmail.com.
Terms of Sale
• Weather Conditions: Cruises will take place rain or shine. The captain alone can make the decision to cancel a trip due to weather should he or she determine weather conditions to be unsafe (i.e. thunder, lightning, high winds). If the captain determines the weather unsafe to sail and a cruise must be canceled passengers will be notified by phone prior to the cruise and rain checks will be issued. If a cruise is interrupted by unsafe weather conditions and the boat must return to the dock rain checks will be issued if the length of the trip is decreased significantly.
• Minor Children: Each group of minor children must be accompanied by at least one adult.
• Cancellation Policy: Once you have booked your individual ticket on a cruise, you have up to 72 hours to cancel your reservation to receive a refund of 50% of the cost of your original
fare. Bookings for groups of 10 or more pirates must be cancelled no less than ten days prior to sailing to receive a refund of 50%. Private Charters have up to three weeks prior to sailing to receive a 50% refund of their deposit. Any changes to time and date of departure on Private Charters shall incur a charge of $250. No changes to time and date of Private Charters may be made within three weeks of originally scheduled time and date.
• Boarding and Arrival Time: You and your party should arrive at the departure point at least 15 minutes before boarding. Boarding begins 15 minutes prior to the scheduled departure time and will cease 15 minutes after it begins, or at departure time (Boarding Period). You acknowledge that if you or your members of your party arrive after the Boarding Period, you will miss the cruise and you will not be given a refund for the missed cruise.
• [Consent to Use of Images and Videos. By making a reservation, you give your consent to Emerald City Pirates to use any and all images and videos taken of you or your party or your minor children on the cruise for advertising or marketing purposes, including on Emerald City Pirates’ website or YouTube and any social media platforms such as Facebook,
Instagram. You understand that these videos and images are the exclusive property of Emerald City Pirates and agree you will not make any claims otherwise.]
• Age Restrictions: Adult Pirate Party Cruises, Pirates After Dark, and Pirate Pooch Cruises are for ages 21 and up. Anyone attempting to board one of these cruises without government issued identification will not be allowed to board and no refund will be given.
• Alcoholic Beverages.
• No alcoholic drinks in open containers are allowed at any dock while not
aboard the boat.
• Anyone seen with an alcoholic beverage in an open container or anyone who, in the
sole discretion of Emerald City Pirates’ personnel, appears intoxicated will not be
allowed to board the vessel and no refund will be given.
• Cruise Descriptions: Please see the Cruise Descriptions for further information on the
cruise offerings.