Conditions of Use
Last updated: January 15, 2018
Welcome to Understory at The Spheres, a site operated on behalf of Amazon.com and/or its affiliates ("Amazon") by FareHarbor, its online booking service provider (“Amazon Provider”). Amazon and the Amazon Provider may be referred to in these Conditions of Use, collectively, as “we,” “us,” or “our.” The Amazon Provider provides website features, scheduling tools, and booking tools in connection with this website and Amazon facilitates tours of The Spheres facility (the "Service"). Amazon and the Amazon Provider provide the Service subject to the following conditions (“Condition of Use”). You agree on behalf of yourself and any individuals who you include in your reservation for Services (“Guests”) that you and your Guests will comply with these Conditions of Use.
By using the Service, you agree to these conditions. Please read them carefully.
PRIVACY
Information we collect is subject to the Amazon.com Privacy Notice. By visiting this site you are accepting the practices described in the Amazon.com Privacy Notice.
ELECTRONIC COMMUNICATIONS
When you use the Service, or send e-mails, text messages, and other communications to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other Amazon services, and you can retain copies of these communications for your records. 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.
COPYRIGHT
All content included in or made available through the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Amazon, Amazon Provider, or a content supplier, and is protected by United States and international copyright laws. As between you and Amazon, the compilation of all content included in or made available through the Service is the exclusive property of Amazon and protected by U.S. and international copyright laws.
TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Service are trademarks or trade dress of Amazon (or, where applicable, Amazon Provider) in the U.S. and other countries. Amazon's trademarks and trade dress may not be used in connection with any product or service that is not Amazon's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Amazon. All other trademarks and trade dress not owned by Amazon that appear in the Service are the property of their respective owners, including Amazon Provider, who may or may not be affiliated with, connected to, or sponsored by Amazon. Those trademarks and trade dress are subject to the terms and conditions imposed by their owners. At a minimum, those trademarks and trade dress may not be used by you in connection with any of your products or services or in a manner that is likely to confuse consumers about the origins of any product or service, including your own, unless you have obtained the express consent of the applicable owner(s).
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use, Amazon, Amazon Provider, and their content providers grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. This license does not include any resale or commercial use of the Service, or its contents; any collection and use of any listings or descriptions; any derivative use of the 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 Conditions of Use are reserved and retained by Amazon or its licensors, service providers, suppliers, publishers, rightsholders, or other content providers. WITHOUT LIMITING THE FOREGOING, YOU ARE STRICTLY PROHIBITED FROM SELLING OR OTHERWISE CHARGING CONSIDERATION FOR ANY TICKET OR PASS OBTAINED THROUGH THE SERVICE. You must not reproduce, duplicate, copy, sell, resell, or otherwise exploit the Service for any commercial purpose without express written consent of Amazon. You may not frame or utilize framing techniques to enclose the Service or any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Amazon or Amazon Provider without express written consent. You may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent. You may not misuse the Service. You may use the Service only as permitted by law.
As a guest at The Spheres, you acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, The Spheres. You must ensure that you keep your property secure at all times, and Amazon is not liable for any property or items that are lost or stolen during your visit to The Spheres. By visiting The Spheres, you acknowledge that your photograph may be taken and published by others individuals touring The Spheres. Limited photographs may be taken in accordance with instructions from your tour guide, however, please respect the privacy of other individuals on your tour. Commercial use of any photographs taken at the Spheres or publication that implies endorsement by Amazon is not permitted without express written consent of Amazon.
The licenses granted by Amazon terminate if you do not comply with these Conditions of Use.
YOUR INFORMATION
You may need to provide certain information to use portions of the Service. If you are under 18, you may use the Service only with involvement of a parent or guardian. Amazon reserves the right to refuse service, terminate accounts, terminate your rights to use the Service, remove or edit content, or cancel reservations in its sole discretion.
COMMUNICATIONS AND OTHER CONTENT
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content or communication. You may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, 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 content.
If you do submit material, and unless Amazon indicates otherwise, you grant Amazon a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such material throughout the world in any media. You grant Amazon and sublicensees the right to use the name that you submit in connection with such material, if Amazon elects to do so. You represent and warrant that you own or otherwise control all of the rights to the material you submit; that the material is accurate; that use of the material you submit does not violate these terms and will not cause injury to any person or entity; and that you will indemnify Amazon for all claims resulting from materials you submit. Amazon takes no responsibility and assumes no liability for any materials you or any third party submit.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow Amazon’s Notice and Procedure for Making Claims of Copyright Infringement.
FAREHARBOR
The website is powered by Fareharbor and operated for the benefit of Amazon. AMAZON, AND NOT FAREHARBOR, OPERATE THE SPHERES, AND AMAZON IS SOLELY RESPONSIBLE FOR HONORING ANY RESERVATIONS MADE THROUGH THE SERVICE. Except for these Conditions of Use, FareHarbor is not a party to any agreement between you and Amazon. You acknowledge that Fareharbor has no control over Amazon or The Spheres, does not control the content contained on the site, and makes no representations or guarantees about the condition, legality or suitability of The Spheres or other services offered by Amazon. FareHarbor disclaims all liability associated with Amazon’s operation of The Spheres.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY AMAZON OR AMAZON PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER AMAZON NOR THE AMAZON PROVIDER MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON AND THE AMAZON PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER AMAZON NOR THE AMAZON PROVIDER WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, AMAZON'S OR AMAZON PROVIDER’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OR ON BEHALF OF AMAZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON AND AMAZON PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using the Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Amazon or Amazon Provider with respect to the Service.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Amazon reserves the right to make changes to the Service, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
AMAZON’S ADDRESS
Amazon.com, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
ADDITIONAL AMAZON TERMS
How to Serve a Subpoena on Amazon
If you have a subpoena to serve on Amazon, please note that Amazon does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Amazon.com, preferably by mailing the subpoena to Corporation Service Company (CSC), Amazon's national registered agent. Please find below the Washington address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website):
Amazon.com, Inc.
Corporation Service Company
300 Deschutes Way SW, Suite 304
Tumwater, WA 98501
Attn: Legal Department – Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Amazon devices; and IP address and complete time stamps.
Notice and Procedure for Making Claims of Copyright Infringement to Amazon
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide Amazon with this information:
· A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the site;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Amazon's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
e-mail: copyright@amazon.com
Courier address:
Copyright Agent
Amazon.com Legal Department
2021 7th Avenue
Seattle, WA 98121
USA
Please note that this procedure is exclusively for notifying Amazon that your copyrighted material has been infringed.
