Terms & Conditions:
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 Terminal of Terror / Living Nightmare, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Ticket Sales Policy: All ticket sales are final. No refunds, no exceptions.
- Drink Limits: The event venue, The Central Railroad of New Jersey Terminal is part of Liberty State Park, and as such, public park rules designate a strict limit of five (5) total alcoholic drinks per person, no exceptions.
- Prohibited Items: NO drugs or drug paraphernalia. NO authentic-looking law enforcement, fire dept. or security costumes. NO handcuffs. NO glass or ceramic masks. NO weapons or weapon accessories (fake or authentic), including axes, knives, swords or guns. NO violent props, including crops, whips, ropes, chains or tethers. NO sharp metal spikes. Please remember that we are an inclusive community, and costumes/decorations should not misrepresent the race, religion, or cultural heritage of anyone.
- Please Note: Special effects will be used during the event, including dry ice, CO2, laser lighting, and other theatrical effects.
- Copyright Infringement and DMCA Policy. As Terminal of Terror / Living Nightmare 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 terminalofterror.com violates your copyright, you are encouraged to notify Terminal of Terror / Living Nightmare in accordance with Terminal of Terror / Living Nightmare's Digital Millennium Copyright Act ("DMCA") Policy. Terminal of Terror / Living Nightmare will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Terminal of Terror / Living Nightmare 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 Terminal of Terror / Living Nightmare or others. In the case of such termination, Terminal of Terror / Living Nightmare will have no obligation to provide a refund of any amounts previously paid to Terminal of Terror / Living Nightmare.
- Intellectual Property. This Agreement does not transfer from Terminal of Terror / Living Nightmare to you any Terminal of Terror / Living Nightmare or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Terminal of Terror / Living Nightmare. Terminal of Terror / Living Nightmare, terminalofterror.com, the terminalofterror.com logo, and all other trademarks, service marks, graphics and logos used in connection with terminalofterror.com, or the Website are trademarks or registered trademarks of Terminal of Terror / Living Nightmare or Terminal of Terror / Living Nightmare'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 Terminal of Terror / Living Nightmare or third-party trademarks.
- Advertisements. Terminal of Terror / Living Nightmare reserves the right to display advertisements on the website.
- Attribution. Terminal of Terror / Living Nightmare reserves the right to display attribution links.
- Changes. Terminal of Terror / Living Nightmare 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. Terminal of Terror / Living Nightmare 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. Terminal of Terror / Living Nightmare 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 terminalofterror.com 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 Terminal of Terror / Living Nightmare if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Terminal of Terror / Living Nightmare's notice to you thereof; provided that, Terminal of Terror / Living Nightmare 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". Terminal of Terror / Living Nightmare 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 Terminal of Terror / Living Nightmare 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 Terminal of Terror / Living Nightmare, 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 Terminal of Terror / Living Nightmare under this agreement during the twelve (12) month period prior to the cause of action. Terminal of Terror / Living Nightmare 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.
- Indemnification. You agree to indemnify and hold harmless Terminal of Terror / Living Nightmare, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all 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 Terminal of Terror / Living Nightmare and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Terminal of Terror / Living Nightmare, or by the posting by Terminal of Terror / Living Nightmare 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 New Jersey, 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 Hudson County, New Jersey. 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 in accordance with 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 , 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; Terminal of Terror / Living Nightmare 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.