Terms and Conditions 

DTVision, LLC Terms of Use This Terms page was last updated on May 17, 2017.

Thank you for purchasing for your public DTVision LLC (“DTVision”) ticket(s) (the “Ticket”)! These Terms of Use (the “Terms”) govern your use of the DTVision Service, as well as the use of the Ticket, including all features of DTVision’s website (the “Website”), user experience, all content associated therewith (collectively the “DTVision Service” or “Service”). When you or the person for whom you have purchased the Ticket eventually utilize the Ticket you/they will sign up for a DTVision Experience (the “Experience”) and will then be bound by the Experience’s own set of terms and conditions. By using, visiting, or browsing the DTVision Service, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the DTVision Service, including the Website, and you should not purchase the Ticket.

These Terms are also a resource for you to get a deeper understanding of how the DTVision Service works, including the kinds of data collected, how bills are processed, how DTVision interacts with you and other useful details about the DTVision Service. DTVision hopes you enjoy your DTVision experience.

Definitions

The term “Experience” means the Experience you or the person for whom you purchased the Ticket utilizes the Ticket to attend.

Payment Method – The term “Payment Method” means the method of your payment for the Ticket that you indicated during your purchase of the Ticket.

All references herein to “you” or “your” shall mean and refer to the person who purchased the Ticket, and includes any persons that eventually utilize the Ticket to attend the Experience.

The term “venue” shall mean the location where the Experience will take place.

The term “Website” shall mean the website hosted by DTVision: dreamthevision.com (and all pages contained therein).

The term “Ticket” shall mean a revocable license or licenses which you or a person for whom you have purchased the Ticket may utilize to attend the Experience, and includes any gift Ticket purchased.

Piece(s) of Art: The term “Piece of Art” or “Piece of Art” shall include any art piece, painting, drawing, sketch, or other depiction or representation uploaded to the Website or otherwise exhibited, in any manner, in the DTVision Library.

How the DTVision service works

DTVision is an entertainment service that will provide an evening of painting instruction at the venue.

DTVision reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how DTVision operates the Service. Any description of how the Service works should not be considered a representation or obligation with respect to how the Service will always work, as DTVision is constantly making adjustments to the Service and often these adjustments are not completely captured within these Terms.

Availability

The availability of DTVision Experiences at particular venues will change from time to time and could potentially change on the day of the Experience. The availability of a specific artist/instructor at the Experience may change at DTVision’s sole discretion. While DTVision will endeavor to make the artist/instructor you have signed up for available for the Experience, the artist/instructor may change at DTVision’s sole discretion without notice to you.

Materials Provided

DTVision will provide all materials and aprons (“Equipment”) for the Experience. While DTVision maintains quality control over the materials it uses, the quality of the materials, aprons and artist may vary from Experience to Experience, and venue to venue, and may be affected by a variety of factors.

End Result

DTVision makes no representations or warranties about the quality of materials or individual experience at the Experience. Every piece of art will be unique, and the expectation that your piece of art will be a facsimile of the art piece depicted on the Website is patently absurd.

Start Time

DTVision will make every effort to begin the instruction at the designated start time and complete the instruction in under five hours. However, the time it takes to begin and complete the instruction will vary based on a number of factors, and DTVision makes no representation as to the exact amount of instruction time at the Experience.

Capacity Limitations

You may not be able to attend the Experience due to capacity limitations of the venue where the Experience takes place. DTVision recommends that you arrive at the venue at least 30 minutes prior to the start of the Experience.

DTVision Paintings

DTVision may change which piece of art will be created at the Experience and may make such change without notice to you.

Unauthorized use

DTVision pieces of art are developed by, and for, DTVision. With the exception of your piece of art at the Experience, you may not copy or reproduce DTVision art pieces or any portion thereof, and you may not sell, lease or distribute any reproduction of any DTVision art pieces, including the art piece that you created at your Experience unless authorized by DTVision.  Any unauthorized uses of DTVision art piece or the Website are strictly prohibited.

Privacy policy and communication with you

Any personally identifying information submitted through the DTVision Service is subject to DTVision’s Privacy Policy, the terms of which are incorporated herein by reference.

By using the DTVision Service, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from DTVision. For example, DTVision may send you newsletters about new DTVision features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply email dreamthevision2@gmail.com and ask to be removed from such future correspondence. You may also contact DTVision by regular mail at PO Box 11, Akron, OH44308.

In addition, by utilizing the DTVision Service you expressly and/or impliedly consent to receiving electronic communications from DTVision relative to your purchase, including notices about your purchase (e.g., change in Experience time or venue or Payment Method, confirmation e-mails and other transactional information), and information concerning or related to the DTVision Service. These communications are part of your relationship with DTVision and you receive them as part of the DTVision Service. You agree that any notice, agreements, disclosure or other communications that DTVision sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

DTVision will not sell your email address to any third party.

Gift ticket conditions

Gift Tickets may only be utilized to attend the Experience, and may not be exchanged for any other item. Each gift Ticket has a maximum value of the cost of attending one DTVision Experience.

Gift Tickets are not refundable and have no cash value. By redeeming your gift Ticket, you agree that DTVision has satisfied all of its obligations with respect to the redemption thereof.

Gift Tickets do not expire and may be used to attend an eligible Experience notwithstanding (i) any previously stated expiration date or (ii) your purchase or receipt of a Gift Ticket at a time when there was a stated expiration period.

Promotions

DTVision promotions may not be combined with any other offers or your Ticket.

You may cancel your evening with DTVision at any time. However, there are no refunds or credits for unused promotional tickets.

DTVision may offer a number of special promotional tickets with different limitations. Some of these promotional tickets are offered by third parties in conjunction with the provision of their own products and services. DTVision is not responsible for the products and services provided by such third parties. DTVision reserves the right to modify, terminate or otherwise amend DTVision offered promotional tickets.

Billing

By purchasing a Ticket, you are expressly agreeing that DTVision is authorized to charge you a fee at the then current rate for such Ticket, and any other charges you may incur in connection with your use of the DTVision Service to the Payment Method you provided during your Ticket purchase. Please note that prices and charges are subject to change with notice.

As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The Ticket fee will be billed on the day you purchase the Ticket and not on the day you utilize the Ticket.

You acknowledge that the amount billed for each Ticket you purchase may vary from day to day for reasons that may include differing amounts due to promotional offers, and you authorize DTVision to charge your Payment Method for such varying amounts.

Ticket fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED OR PARTIALLY USED TICKETS. Your Ticket never expires. At any time, and for any reason, DTVision may provide a refund, discount, or other consideration (“credits”) to some or all of DTVision’s customers. The amount and form of such credits, and the decision to provide them, are at DTVision’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate DTVision to provide credits in the future, under any circumstance. DTVision may change the fees and charges in effect, or add new fees and charges from time to time, but DTVision will give you advance notice of these changes by email.

DTVision will bill the Ticket fee to the Payment Method you provide to DTVision during your purchase of the Ticket.

Right to terminate

DTVision reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.

DTVision does not warrant that any of the Experiences or materials used in connection with the Service, nor does DTVision warrant the operation of the Service.

Social media

You can connect DTVision to your Facebook or other social media accounts (“Social Media Accounts”). If you choose to connect your account with any Social Media Accounts, you will be able to take advantage of various social features DTVision may already have or will be creating, as part of the Service, as well as features available on such Social Media Accounts. These features will be designed to share information with others - the essence of social media. For example, your friends and others who have access to view information about you on Facebook will be able to see (on Facebook and on DTVision) that you are a DTVision customer as well as what you have created a piece of art, eaten or had to drink, with whom you attended an Experience, and other information about your use of the DTVision Service. You will also be able to see similar information about your Facebook friends who are connected with DTVision. In addition, DTVision may personalize and otherwise enhance your experience based on your Facebook information, such as your basic information, and “Likes.” Please pay careful attention to your Facebook Connect settings in “Your Account” as well as your Privacy Settings in your Social Media Accounts which will impact this feature and may give you some control over the information that is shared and with whom it is shared.

BY CONNECTING THE DTVISION ACCOUNT TO ANY SOCIAL MEDIA ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE RELEVANT SOCIAL MEDIA ACCOUNT (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA ACCOUNT). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR DTVISION ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT DTVISION AT SUPPORT@DREAMTHEVISION2@GMAIL.COM  TO HAVE YOUR INFORMATION REMOVED. DTVision and social media companies are continually making changes and improvements to this feature, and therefore the available features and information that are shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms.

Customer reviews

DTVision encourages you to post reviews of DTVision Experiences through the Service. DTVision reserves the right to promote, reject, remove or edit such content at any time without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on DTVision or its personnel, misleading information regarding the origin of the content; or a discussion of DTVision policies or services. You understand and agree that DTVision may, but is not obligated to, review the content and may delete or remove it (without notice) in DTVision’s sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.

WHEN YOU HAVE SUBMITTED A REVIEW, DTVISION WILL DISPLAY YOUR RATING OF EXPERIENCES. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF AN EXPERIENCE, TO A PUBLIC FORUM, INCLUDING OTHER CUSTOMERS OF, AND VISITORS TO, THE DTVISION SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW AN EXPERIENCE FEATURE.

The Review an Experience feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

Age restriction

The DTVision Service shall not be used by children. The DTVision Service is only for adults who are of the legal drinking age (or older) in the venue where your Experience is being held. DTVision is not responsible in any manner if persons under the legal drinking age where the Experience is being held attend the Experience. In the Experience DTVision or its licensee discovers that an Experience attendee is under the legal drinking age in the venue where your Experience is held, DTVision or its licensee will refuse to offer instruction to any underage individual, regardless of whether that individual has a Ticket to the Experience. DTVision has the right to request that you present a valid form of identification demonstrating your age, in which circumstance you agree that you will comply with such request.

Venue

At the Experience, you may encounter third-party services (“TPS”), including, but not limited to food and beverage service from the venue where your Experience will take place. These TPS are provided solely as a convenience to you, and DTVision is not responsible for and does not endorse the TPS provided by the venue where your Experience will take place. You understand that you are responsible for all additional charges you incur at your Experience, including, but not limited to food and beverage charges.

SUCH TPS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY DTVISION. Some of these TPS may even use DTVision trademarks in connection with your Experience. DTVision is not responsible for and does not endorse the content of such TPS. You will need to make your own independent judgment regarding your interaction with these TPS. By using such TPS, you acknowledge and agree to the following: (i) your use of any TPS may cause personally identifying information, such as a photo, to be publicly disclosed and/or associated with you, even if DTVision has not provided such information, and (ii) your use of any TPS IS AT YOUR OWN OPTION AND RISK. You agree to indemnify and hold DTVision harmless, hereof, for the sharing of information or the receipt of TPS relating to your Experience that results from your use of any TPS. You further agree to indemnify and hold DTVision harmless, as set forth in hereof, from all claims that in any way involve or relate to the provision of TPS. If you have any questions, concerns, complaints, or claims about a particular TPS, you should contact the support or contact personnel of the particular TPS provider and not DTVision, unless otherwise indicated by DTVision. DTVISION DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify DTVision, as set forth hereof, for any and all claims made as the result of the provision of TPS at your Experience.

Disclaimers of warranties and limitations on liability

THE DTVISION SERVICE, DTVISION’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE DTVISION SERVICE, AND YOUR EXPERIENCE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DTVISION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE DTVISION SERVICE, DTVISION’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE DTVISION SERVICE, AND YOUR EXPERIENCE. DTVISION DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE DTVISION SERVICE, DTVISION’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE DTVISION SERVICE, AND YOUR EXPERIENCE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT DTVISION MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE DTVISION SERVICE AND YOUR EXPERIENCE, INCLUDING OTHER FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. DTVISION SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS, DTVISION PAINTINGS, AND EQUIPMENT. Without limiting the foregoing, DTVision assumes no liability or responsibility for any of the following (except in the case of gross negligence or willful misconduct on the part of DTVision): (i) errors or omissions in the content delivered by the DTVision Service or on the DTVision Website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the DTVision Service and/or Website or user interfaces; (iv) delivery and or display of any content contained on the DTVision Website, or otherwise through the DTVision Service; and (v) any losses or damages arising as a result of or related to your Experience, the provision of TPS at your Experience, the consequences of the provision of TPS at your Experience, or otherwise through the DTVision Service itself, including any losses or damages arising from the DTVision Service, Website, Equipment, your Experience, or TPS. DTVISION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR PIECE OF ART. In addition, DTVision does not represent or warrant that the information accessible via the Website is accurate, complete or current. DTVision does not make any representations with respect to the content contained on Experiences from the DTVision Service or the descriptions of any Experience content contained on DTVision’s Website and user interfaces. DTVision does not represent or guarantee that your use of the DTVision Service will be free from interruption, and DTVision disclaims any liability with respect thereto. No oral or written information or advice given by DTVision or DTVision’s authorized representative shall create a warranty or otherwise constitute a representation binding upon DTVision.

IN NO EXPERIENCE SHALL DTVISION, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSEES, EXPERIENCE INSTRUCTORS, EXPERIENCE ASSISTANTS, SUBSIDIARIES, PARENT COMPANIES, AND SUCCESSORS OR ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DTVISION SERVICE, THE WEBSITE, TPS, YOUR EXPERIENCE, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE DTVISION SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL DTVISION’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM THE DTVISION SERVICE, DTVISION’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE DTVISION SERVICE, AND YOUR EXPERIENCE EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EXPERIENCE.

Intellectual Property

DTVision is a registered trademark of DTVision LLC. The DTVision logo and DTVision.com are trademarks or service marks of DTVision. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of DTVision. The trademarks, service marks and trade dress of DTVision may not be used or reproduced without prior written approval from DTVision and may not be used in connection with any product or service that is not affiliated with DTVision, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of DTVision, or in any manner that disparages or discredits DTVision. Other trademarks that appear on the Website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DTVision. Any images of persons or personalities contained on the Website are not an indication or endorsement of DTVision or any particular product or our service unless otherwise indicated.

You agree that DTVision is and shall remain the sole owner of all rights, title, and interest in and to any and all Pieces of Art, and that you shall only have the limited right to utilize a Piece of Art for your Experience and/or the promotion of an Experience, and for no other purpose. At the conclusion of your Experience, you may take your own piece of art with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the image of the piece (or any reproduction thereof).

You acknowledge that you do not have, acquire or retain any rights to any such Piece of Art after the end of your Experience (or after repeat Experiences utilizing the same Piece of Art).

You acknowledge that any photographs taken at your Experience by DTVision, any instructor, assistant, or DTVision’s licensee (“Licensee”) or the agent or employee of a Licensee, which photographs depict in any manner the artwork, the set-up of your Experience, the participants or instructors or staff at your Experience, you, or the equipment, materials, supplies or marketing materials related to DTVision in any way shall become the property of DTVision, may not be reproduced or utilized except as authorized by DTVision, and that DTVision is free to use all such materials at DTVision’s sole and absolute discretion, including photoshopping and/or altering any portions of any such photographs.

Entertainment and service content

DTVision provides entertainment and reserves the right to display and promote the filmed or photographed entertainment or other information through the Service, including the Website and user interfaces, such as Social Media Accounts, to you and others in any manner DTVision chooses in its sole and absolute discretion. In addition, the Service allows you and other third parties to post reviews or comments concerning the entertainment distributed by DTVision on Social Media Accounts. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Service are those of the respective authors or producers and not of DTVision, or its members, directors, officers, employees, attorneys, affiliates, licensees, subsidiaries, parent companies, successors, or assigns. Under no circumstances shall DTVision, or its members, directors, officers, employees, attorneys, affiliates, successors, or assigns be held liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service.

Use of information submitted

DTVision is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to DTVision (“Feedback”), including responses to questionnaires or through postings to the DTVision Service, including the Website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the DTVision Service. DTVision may also share your information with third parties for purposes of DTVision’s business. Furthermore, by posting any Feedback on the Website, submitting Feedback to DTVision, or in responding to questionnaires, you grant DTVision a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media of any kind now existing or developed in the future.

Please note DTVision does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to DTVision. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against DTVision, its members, directors, officers, employees, attorneys, affiliates, licensees, subsidiaries, parent companies, successors, or assigns regarding the use of such materials and ideas, even if materials or ideas are used that are substantially similar or identical to the material or idea you sent.

Service testing

From time to time, DTVision tests various aspects of the Service, including the Website, user experience, service levels, plans, promotions, features, availability of venues, delivery, and pricing, and DTVision reserves the right to include you in or exclude you from these tests without notice.

Customer service

If you need assistance, you may find answers and reach Customer Service at any time at dreatmehvision2@gmail.com. Also you can visit DTVision’s FAQ page at www.dreamtehvision.com where you will find the answers to many frequently asked questions.

Your conduct when accessing the DTVision service

By accessing the DTVision Service, including the Website, you agree to use the DTVision Service, including all features and functionalities associated therewith, the Website and user experience and all content associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You also agree not to interfere with the instructors, Experience assistants, customers or anyone connected to any portion of the DTVision Service, or to violate any of the procedures, policies or regulations of establishments or venues connected to the DTVision Service. You also agree not to impersonate any other person while using the DTVision Service, conduct yourself in a vulgar or offensive manner while using the DTVision Service, or use the DTVision Service for any unlawful purpose.

Links and pages

Some of the hyperlinks on the Website may lead to other websites or other content that are not controlled by, or affiliated with, DTVision. In addition, other websites may link to the DTVision website or DTVision may include links to the websites of businesses, including those that have associations with DTVision through certain programs. These pages may provide links to third parties. DTVision has not reviewed these websites and you agree that DTVision is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites. You acknowledge and agree that DTVision is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, their products or the contents on their websites. These linked websites have separate and independent privacy statements, notices and terms of use, which DTVision recommends you read carefully

Promotions with ticket codes

Promotional codes may be redeemed on the Website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers. A valid Payment Method will be required when you redeem the promotion code. DTVision will bill your Payment Method automatically. Promotional codes may not be used in conjunction with your gift Ticket purchase.

Arbitration agreement

You and DTVision agree that any dispute, claim, action, or controversy arising out of or relating in any way to the DTVision Service, including the Website, user interfaces, these Terms, the Ticket you purchase, and the Experience shall be determined by binding arbitration instead of in courts. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to limited review by courts. Arbitrators may award the same damages and relief that a court can award. You, including all Experience attendees for whom or who actually utilize the Ticket purchased by you (“Experience Attendees”), and DTVision agree that you and DTVision are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the conclusion of the Experience.

If you elect to seek arbitration, you must first send to DTVision, by certified mail, a written notice of such claim (“Notice”). The Notice to DTVision must be addressed to: General Counsel, DTVision, LLC, and PO Box 11 Akron, OH 44308. The Notice must state the basis of such claim, including all facts related to such claim, all witnesses to such claim, and a complete statement of the damages such claim seeks, including a description of how such damages are calculated.

YOU, INCLUDING ALL EXPERIENCE ATTENDEES, AND DTVISION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and DTVision agree otherwise, the arbitrator may not consolidate more than one person’s claims with another person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Governing law and venue

The Terms and the policies and procedures set forth on the Website and any and all disputes between you, including all Experience Attendees, and DTVision shall be governed in accordance with the laws of the state of Ohio, without regard to conflict of laws principles, and, as necessary the laws of the United States of America.

You, including all Experience Attendees, and DTVision agree that any proceeding involving any dispute, claim, action, or controversy arising out of or in connection with your purchase of your Ticket shall be arbitrated the American Arbitration Association, or (iii) such other arbitrator as may be agreed to by you and DTVision in writing.

This Governing Law and Venue provision shall survive termination of these Terms and the conclusion of the Experience.

In the Experience the agreement to arbitrate is held to be invalid or unenforceable, which decision shall be made by the arbitrator only, you and DTVision agree that any action or proceeding involving any dispute arising out of or in connection with your Experience, these Terms or the policies and procedures set forth on the Website .

Waiver of rights

The failure of DTVision at any time or times to demand strict performance of any of the terms, covenants, or conditions set forth herein shall not be construed as a waiver or relinquishment thereof and DTVision may at any time demand strict and complete performance of said terms, covenants and conditions.

Significance of headings

Section headings contained within these Terms are solely for the purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in the construction of these Terms. Accordingly, in case of any question with respect to the construction of these Terms, it is to be construed as though such section headings have been omitted.

Severability

If any provision of these Terms is held to be unenforceable or illegal, such provision shall be severed from these Terms, and all other provisions set forth herein shall remain in full force and effect.

No adverse construction

You agree that in the Experience of any ambiguity in these Terms, there will not be any adverse construction against either you or DTVision on the grounds that DTVision drafted these Terms.

Survival

Both your and DTVision’s obligations in these Terms, which by their nature, have significance after the conclusion of the purchase of your Ticket and attendance at the Experience, shall survive the termination or expiration of these Terms and the conclusion of the purchase of your Ticket and attendance at the Experience.

Authority

You represent and warrant that you have the full right, power, and authority to enter into these Terms on behalf of yourself and any Experience Attendees.