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Welcome to Cairns Dinner Theatre ! The following are the Terms of Use (“Terms”) that govern the use of Cairnsdinnertheatre.com and mobile versions thereof, (the “Site”). These Terms, including Cairns Dinner Theatre’s Privacy Policy, Ticket Purchase Policy, and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site (“Additional Terms”) are hereby incorporated by reference into these Terms. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. To the extent that there is a conflict between these Terms and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. These Terms will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability.

We reserve the right at any time to:

  • Change the terms and conditions of these Terms;
  • Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
  • Change any fees or charges for use of the Site.

Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms on the Site. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of these Terms. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.

By using or attempting to use the Site, you certify that (i) you are at least 13 years of age or, if under the age of 13, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Site immediately. 

1. Registration.  You may browse the Site and view content without registering, but as a condition to using certain aspects of the Site, you may be required to register with Cairns Dinner Theatre and select a password and screen name (“User ID”). You shall provide Cairns Dinner Theatre with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Cairns Dinner Theatre account. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Cairns Dinner Theatre reserves the right to refuse registration, cancel a User ID or deny access to the Site in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Cairns Dinner Theatre password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Cairns Dinner Theatre in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store.

As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. Your user name and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for any and all activities (including purchases, as applicable) that are conducted through your account, and agree not to transfer or resell your use of or access to the Site to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting www.cairnsdinnertheatre.com and immediately notify us of the problem by emailing us at [email protected].

2. Code of Conduct.  In connection with User Content (as defined below) and your use of the Site, you agree that you will not:

  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • Use the Site or Materials for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Impersonate any person or entity, whether actual or fictitious, including any employee or representative of Cairns Dinner Theatre;
  • Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
  • Remove any copyright, trademark or other proprietary rights notices contained on the Site;
  • “Frame” or “mirror” any part of the Site;
  • Link to any page of or content on the Site other than the URL located at https://www.cairnsdinnertheatre.com;
  • Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site. Notwithstanding the foregoing, Cairns Dinner Theatre grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Cairns Dinner Theatre reserves the right to revoke these exceptions either generally or in specific cases;
  • Harvest or collect information about Site visitors or members without their express consent;
  • Take any action that imposes or may impose (in Cairns Dinner Theatre’s sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
  • Access, reload or “refresh” transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
  • Request more than 1,000 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals; or
  • Use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in a presale or other offer on the Site if you are not the original recipient of such passcode or password (i.e., if you did not receive the passcode or password from Cairns Dinner Theatre, or from the fan club or other organization with whom Cairns Dinner Theatre is working to enable such presale or offer) or if your participation in such presale or other offer is inconsistent with such presale’s or offer’s terms.

While using the Site, you agree to comply with all applicable laws, rules and regulations.

3. Ownership and Restrictions on Use.  The information and materials provided on or through the Site, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Cairns Dinner Theatre, and are intended to educate and inform you about the events, venues and other products and services offered or described on the Site. Subject to your compliance with these Terms, you may download one (1) copy of any Materials displayed on the Site, and you may use such downloaded Materials solely for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained therein. Cairns Dinner Theatre cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully. Subject to your compliance with these Terms, we grant you a limited license to use the Site and Materials; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Site and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Use of the Site and Materials for any purpose other than as expressly authorized in these Terms is a violation of our copyrights and other proprietary rights, and is strictly prohibited.

The Site, including all Site software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and “look and feel” and arrangement of items, is owned and operated by Cairns Dinner Theatre and will remain the property of Cairns Dinner Theatre. The Site is protected by Australian and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Cairns Dinner Theatre, Cairns Dinner Theatre licensors and suppliers, and others. The Trademarks owned by Cairns Dinner Theatre, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Cairns Dinner Theatre, in any manner that is likely to cause confusion with customers, or in any manner that disparages Cairns Dinner Theatre. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Cairns Dinner Theatre, Cairns Dinner Theatre licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Cairns Dinner Theatre will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

4. Making Purchases.  Please review the Ticket Purchase Policy, which will govern your order or purchase of any tickets through the Site. If you wish to purchase products or services described on the Site (each such purchase, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You understand that any such information will be treated by Cairns Dinner Theatre in the manner described in our Privacy Policy. You agree that all information that you provide in connection with your purchase will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The sale or purchase of tickets to entertainment events may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you, friends or immediate family members who expressly authorize such use, for the purpose of purchasing tickets. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to use or to purchase tickets on the Site. You grant Cairns Dinner Theatre the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Descriptions or images of, or references to, products or services on the Site do not imply Cairns Dinner Theatre’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to Cairns Dinner Theatre’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Refunds and exchanges will be subject to our refund and exchange policies then in effect.

5. Information Provided by Cairns Dinner Theatre.  Although Cairns Dinner Theatre strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Cairns Dinner Theatre endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.

In addition, portions of the Materials have been contributed to the Site by various artists,  and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and Cairns Dinner Theatre expressly disclaims any liability with respect to the foregoing.

6. Forums and User Content.  We and our designees may host message boards, blog feeds and other forums found on the Site (collectively, the “Forums”), and you may have the ability to provide or upload to Cairns Dinner Theatre creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “User Content”). No areas of this Site may be used by our visitors for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind. Nothing in this paragraph shall prohibit the sale or purchase of tickets through our “Ticket Partners”, as long as such sales and purchases are conducted pursuant to the terms that apply to our ticketing partners comply with law.

By sending or transmitting User Content to us, or by posting such User Content to any area of the Site, you grant us and our designees a perpetual, worldwide, non-exclusive, unlimited, transferable, sublicenseable (through multiple tiers), assignable, royalty-free, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display, store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in Cairns Dinner Theatre’s sole discretion, in any way, in any and all media now known or hereinafter discovered, without limitation and without any compensation or acknowledgment to you or any third party. None of the User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If Cairns Dinner Theatre does decide, in its sole discretion, to attribute User Content to you, you hereby grant Cairns Dinner Theatre the right to use your member name with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member name. For clarity, the foregoing license grant to Cairns Dinner Theatre does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing.

You further acknowledge that Cairns Dinner Theatre (a) is under no obligation to post, display or otherwise use any User Content, and (b) has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that Cairns Dinner Theatre receives directly or indirectly from the use or display of your User Content or otherwise from the exercise of Cairns Dinner Theatre’s rights granted under these Terms. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Cairns Dinner Theatre or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of User Content, or any derivative works thereof, infringe any of your rights as creator of the User Content, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or “droit moral.”

Information on our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Cairns Dinner Theatre. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate any of the Codes of Conduct, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cairns Dinner Theatre with respect thereto. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Cairns Dinner Theatre community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Cairns Dinner Theatre. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. If notified by a user of User Content that allegedly does not conform to these Terms, Cairns Dinner Theatre may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Content.

By submitting User Content you certify that either (i) you are eighteen (18) years old or are an emancipated minor and have the right to submit the User Content and grant the licenses provided hereunder, or (ii) you are at lest thirteen (13) years old and have obtained your parent’s or legal guardian’s express consent to submit the User Content and to grant the licenses provided hereunder.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to Cairns Dinner Theatre under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Site and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Site and these Terms or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian.

You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the User Content that you or third parties transmit or post; to alter or remove any such User Content (including, without limitation, any posting to a Forum); to disclose such User Content and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.

7. Links.  The Site contains links to other Internet websites, including affiliated websites which may or may not be owned or operated by Cairns Dinner Theatre. Cairns Dinner Theatre has not reviewed all of the websites that are linked to the Site, and Cairns Dinner Theatre has no control over such sites. Unless otherwise explicitly stated, Cairns Dinner Theatre is not responsible for the content of such websites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Cairns Dinner Theatre offers such links does not indicate any approval or endorsement of any material contained on any linked site. Cairns Dinner Theatre is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

YOU AGREE THAT YOUR USE OF OTHER INTERNET WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

8. Access By Minors. Cairns Dinner Theatre cannot prohibit minors from visiting this site. TCairns Dinner Theatre must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Cairns Dinner Theatre does not endorse any of the products or services listed at such websites.

9. Access from Outside the Australia.  The Site is primarily directed to individuals in Australia. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.

10. Rules for Sweepstakes, Contests and Games.  In addition to these Terms, any sweepstakes, contests, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Cairns Dinner Theatre urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control with respect to the particular Promotion.

11. Mobile Messaging.  Cairns Dinner Theatre may offer various browsing and mobile messaging services including, without limitation, alerts, contests, sweepstakes and offers for products. You may choose to receive Cairns Dinner Theatre mobile alerts by signing up or entering a mobile promotion.

Standard/other text messaging and data rates may apply, according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will Cairns Dinner Theatre, its parent or corporate affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion. If your carrier does not permit text alerts, you may not receive the Cairns Dinner Theatre text alerts. Pre-paid phones or calling plans may not be supported. You may receive a bounceback message for every message you send to Cairns Dinner Theatre.

You may opt out of any alerts by replying with the text “STOP” to such alert or sending the message “STOP” to the shortcode provided. If you sent the text “STOP” to the shortcode, you will no longer receive any text messages including, without limitation, advance notices of ticket sales. We will make every attempt to remove your mobile telephone number from the Cairns Dinner Theatre text database as soon as possible, but please allow up to ten (10) days.

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes.

Cairns Dinner Theatre disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in Cairns Dinner Theatre mobile messaging. Cairns Dinner Theatre disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material by Cairns Dinner Theatre or by you.  Cairns Dinner Theatre disclaims any responsibility for any harm resulting from information or material through Cairns Dinner Theatre mobile messaging.

12. Termination.  These Terms shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under these Terms or otherwise. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Cairns Dinner Theatre may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Cairns Dinner Theatre shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

13. Suspected Violation of these Terms or Law; Injunctive, Equitable Relief, and Liquidated Damages.  Violations of these Terms, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Cairns Dinner Theatre’s sole discretion, and without prior notice, Cairns Dinner Theatre may terminate and block your access to the Site or to other services, cancel your ticket or merchandise order and/or tickets or merchandise acquired through your order, refuse to honor pending and future purchases made from all credit card accounts or online accounts Cairns Dinner Theatre believes may be associated with you, cancel a ticket or ticket order associated with any person acting or believed to be acting in concert with you, cancel your ticket postings, remove any unauthorized User Content or exercise any other remedy available, if Cairns Dinner Theatre believes that your conduct or the conduct of any person with whom Cairns Dinner Theatre believes you act in concert, or the User Content you provide, or any resale of such tickets purchased through Cairns Dinner Theatre, violates or is inconsistent with these Terms or the law, or violates the rights of Cairns Dinner Theatre, a client of Cairns Dinner Theatre or another user of the Site. Violating any limitations or terms on the Site, including but not limited to utilizing automated means to process or place ticket orders or ordering a number of tickets that exceeds the stated limit will be deemed to be a violation of these Terms. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Site.

You agree that monetary damages may not provide a sufficient remedy to Cairns Dinner Theatre for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

You agree that abusive use of the Site, as defined above, causes damage and harm to Cairns Dinner Theatre in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to abusive use of the Site. You further agree that monetary damages for abusive use of the Site are difficult to ascertain and that proof of monetary damages for abusive use would be costly and difficult to calculate. Accordingly you agree that liquidated damages are warranted for abusive use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 1,000 pages of the Site in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) per page request each time that a page request is made after that first 1000 during that twenty-four hour period. You also agree that this will be the measure of damages for any abusive use that occurred prior to this provision of these Terms being in effect.

Cairns Dinner Theatre is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of Cairns Dinner Theatre’s rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.

14. Disclaimers.  THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAIRNS DINNER THEATRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. CAIRNS DINNER THEATRE DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF CAIRNS DINNER THEATRE, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. CAIRNS DINNER THEATRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CAIRNS DINNER THEATRE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

15. Limitation of Liability.  NEITHER CAIRNS DINNER THEATRE NOR ANY OF OUR PARENTS, AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CAIRNS DINNER THEATRE SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CAIRNS DINNER THEATRE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF TICKETWEB, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You acknowledge that you may have or may in the future have claims against Cairns Dinner Theatre which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms.

16. Indemnification.  You agree to indemnify, defend and hold Cairns Dinner Theatre, its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the Code of Conduct, above; (b) any allegation that any User Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

17. Disputes.  If you have a dispute and your dispute involves an event (or a ticket for an event) that is located in Australia, then you consent to personal jurisdiction, and agree to bring all actions, exclusively in a state or federal court located in Cairns, Queensland Australia.

18. Questions.  If you have any questions, comments or complaints regarding these Terms or the Site, feel free to contact us!

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