LAST REVISED: April 6, 2018
PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY, BY ACCESSING AND/OR USING SERVICES YOU ACKNOWLEDGE THAT YOU ARE NOT A MINOR AND AGREE TO BE BOUND BY THE TERMS OF THE AGREEMENT.
This Site is owned, controlled, and operated by Dollywood Foundation, Inc. (“Foundation”) and its Affiliates (for purposes of this Agreement Affiliate means an entity that is directly or indirectly controlled by the Foundation (Foundation and Affiliates shall be hereinafter be referred to as “our” “we” or “us”). We are a non-profit charitable organization that champions early childhood learning programs. You can make a donation, acquire products, sign up for our newsletter, register a child to Dolly Parton’s Imagination Library (“Library”) and access other Services through our Site. The Library is a book gifting program that provides free, high-quality books to eligible children from birth to five (5) years old. Parents, legal guardians, and other authorized adults (“Authorized Adults”) can register eligible child for the Library. Certain Services require payment through our third-party service provider that accepts credit cards safely and securely for our guests. This service provider adheres to the Payment Card Industry Data Security Standards (“PCI DSS”), which is the bankcard industry’s most stringent security standard. The information you provide to us, such as cardholder name, credit card number, billing address, check routing number, account number, or the like, will only be used by us in connection with Services you authorize through the Site.
3. REGISTRATION AND ACCOUNT SECURITY
You will need to create an account to access and use the Library and certain other Services. To create an account you must: (a) be at least eighteen (18) years old; (b) provide us with your first and last name; (c) have a valid email address; (d) select a user name and create a unique password. You are solely responsible for: (a) maintaining the confidentiality of your user name and password; (b) ensuring all information used in connection with Services is accurate and current; and (c) any activity you conduct through your account, whether by you or someone else. You must immediately notify us of any unauthorized use of your account. We reserve the right, in our sole discretion, to terminate or suspend your account.
(a) Services. We hereby grant you a limited, non-exclusive, non- transferable, non-sublicensable, revocable, license to access and use Services as expressly permitted herein. Except for this limited license we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
5. INTELLECTUAL PROPERTY RIGHTS
The Services and all content, materials including but not limited to text, graphics, service marks, logos, images and logos (“Content”) used therein are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree not to misuse, copy and/or redistribute any Content. WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF SERVICES (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF SUCH IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT.
6. DISCLAIMER OF WARRANTIES
SERVICES ARE PROVIDED TO YOU AS IS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN SERVICES WILL BE CORRECTED.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
7. LIMITATION OF LIABILITY
YOUR USE OF SERVICES IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR VENDORS, AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You agree to defend and indemnify us and our employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorney’s fees, court costs, settlements, and disbursements, from or in relation to (a) Your Content; (b) your use of the Services; (c) your violation of any term of this Agreement; (d) your violation of any third party rights; (e) your violation of law; and/or (f) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.
If you wish to terminate your account and use of Services you may do so by notifying us at any time and closing your account for Services. Termination of your account may result in the immediate deletion of any or all of the Content. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of the Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution.
PLEASE NOTE THAT THIS AGREEMENT AND SERVICES ARE SUBJECT TO CHANGE AT ANY TIME. When changes are made we will update the “Last Revised” date at the top of the Agreement. If we make any material changes, and you have an account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of Services constitutes your acceptance of such change(s).
11. THIRD PARTY LINKS
Services include links to third-party websites. Some third-party websites may collect data or solicit personal information from you. We neither own nor control such third-party websites and are not responsible for their content or actions. Please read the terms and conditions and privacy policies of any third-party website that may be linked to Services.
By providing your email address to us or creating an account you consent to receiving our newsletter or emails from us regarding Services. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at email@example.com with the word “UNSUBSCRIBE” in the subject line.
14. DISPUTE RESOLUTION (PLEASE READ THIS SECTION CAREFULLY)
(a) General. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. The parties agree that this intend Section satisfies the “writing” requirement of the Federal Arbitration Act. If any controversy, allegation, or claim arising out of, related to, or connected in any way to your use of Services, (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Knoxville, Tennessee, and you agree that all disputes will be governed by the laws of the State of Tennessee without regard to choice of law principles. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Tennessee. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court or tribunal with jurisdiction over the parties. As permitted by applicable law, you agree that any claim or cause of action you may have arising out of, related to or connected in any way with your use of Services must be filed by you within one (1) year after such claim or cause of action arose or be forever banned. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.
YOU ARE THUS GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, NO ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
15. SEVERABILITY; HEADINGS
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
18. CONTACT INFORMATION
If you have any questions or concerns, please contact us at:
The Dollywood Foundation
111 Dollywood Lane,
Pigeon Forge, Tennessee 37863