Terms of Use
Last Updated: June, 2025
THESE TERMS OF USE APPLY TO ALL USE OF THE WEBSITE. BY CONTINUING TO USE THE WEBSITE, YOU ARE INDICATING YOUR ACCEPTANCE OF THEM. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
These terms and conditions of use (together with any referenced documents) are issued by Nutcracker! Magical Christmas Ballet (referred to as “Nutcracker,” “us,” “we,” or “our”) and set out the terms under which you may use this website (the “Website” or “Site”).
This Website is operated and maintained by Nutcracker! Magical Christmas Ballet and features products and content inspired by the performance.
Features Subject to Separate Terms
Certain features offered through this Website may be subject to additional terms, rules, or policies. By using those features, you agree to be bound by the applicable terms.
Copyright
This Site, including all text, images, software, and other content, is the property of Nutcracker! Magical Christmas Ballet or its content suppliers, and is protected by applicable U.S. and international copyright and intellectual property laws. The compilation of all content on this Site is also the exclusive property of Nutcracker. All rights are reserved.
Trademarks
All marks, graphics, logos, and trade names related to Nutcracker! Magical Christmas Ballet used on this Site are the exclusive property of its respective owners. You may not use any such marks without prior written permission.
Intellectual Property
Nutcracker grants you a personal, non-exclusive, non-transferable, limited license to access and use the Site. You may not reproduce, distribute, reverse engineer, or create derivative works from any part of the Site or its underlying technologies without express written permission.
Use of Site; Restrictions
You may view and print materials from this Site for personal, non-commercial use, provided all copyright and proprietary notices are retained. Any other use—such as reproduction, framing, redistribution, or modification—is prohibited without permission. Data scraping or automated tools (except for standard search engine indexing) are not allowed.
We want every visitor to enjoy a respectful and safe experience on the Nutcracker! Magical Christmas Ballet website. Any behavior that disrupts that experience, such as harassment, impersonation, or the use of offensive, threatening, or inappropriate language, is not permitted.
You may not post or share anything that violates someone else’s privacy, promotes illegal activity, or could be seen as abusive, misleading, or harmful. This includes, but isn’t limited to, content that is defamatory, obscene, or intended to incite harm or conflict.
This site is here to celebrate the magic of Nutcracker! Magical Christmas Ballet—not to promote outside businesses or services. Please do not use it as a platform to advertise, solicit, or recruit for commercial ventures or organizations.
Indemnification
You agree to indemnify and hold harmless Nutcracker! Magical Christmas Ballet and its affiliates from any claims, damages, or costs resulting from your violation of these Terms.
Infringement Notices
We respect intellectual property rights. If you believe your work has been copied and posted on this Site in a way that constitutes infringement, please contact us with details.
No Advice Rendered
Content on this Site is for informational purposes only and should not be considered legal or professional advice.
Accuracy of Information
While we strive to ensure accuracy, Nutcracker does not guarantee that all information on this Site is current, complete, or error-free.
Disclaimer of Warranties & Limitation of Liability
THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” NUTCRACKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF THIS SITE.
Typographical Errors
In the event that a product on the Nutcracker! Magical Christmas Ballet website is mistakenly listed at an incorrect price; we reserve the right to refuse or cancel any orders placed for that product. This applies regardless of whether the order has been confirmed or your credit card has already been charged.
If your credit card has been charged and the order is subsequently canceled due to a pricing error, a full credit will be issued to your original payment method in the amount of the incorrect price.
Third-Party Links
In an effort to provide additional value to our visitors, Nutcracker! Magical Christmas Ballet may include links to websites operated by third parties. These sites are independent from Nutcracker, and we do not have control over their content, policies, or practices, including how they collect or handle data. These links are provided for your convenience only, and you access them at your own risk.
Even if a linked site is affiliated with Nutcracker! Magical Christmas Ballet, we do not assume responsibility for the content, privacy practices, or terms of use of these third-party sites. We encourage you to review their respective policies before engaging with them.
We care about the integrity of our Website and the experience we offer. If you encounter issues with any linked sites, or if a specific link does not work, we welcome your feedback.
Feedback and Submissions
Any feedback, suggestions, or ideas you submit become the property of Nutcracker! Magical Christmas Ballet may be used for any purpose without compensation or acknowledgment.
Termination and Modifications
We reserve the right to suspend, restrict, or terminate your access to the Site at any time, and to modify the Site without notice.
Dispute Resolution
Any disputes, controversies, or claims arising out of or relating to these Terms of Use or the use of this Site (excluding claims for injunctive or equitable relief) shall be resolved by binding arbitration in the Commonwealth of Massachusetts, administered by the American Arbitration Association under its then-current rules. The arbitration shall be conducted by one arbitrator with experience in technology and eCommerce disputes. The language of arbitration shall be English.
The prevailing party may be awarded reasonable attorneys’ fees and costs. All aspects of the arbitration shall remain confidential unless otherwise required by law. No class action or joint arbitration with others will be permitted.
Jurisdiction
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any legal action or proceeding related to these Terms or your use of the Site must be brought exclusively in the state or federal courts located within Massachusetts, and you consent to the jurisdiction of such courts.
Modifications
Nutcracker may update these Terms at any time. Continued use of the Site constitutes your acceptance of the updated Terms.
Privacy
Please review our Privacy Policy, which explains how we collect and use your information.
Entire Agreement
These Terms and the Privacy Policy constitute the full agreement between you and Nutcracker! Magical Christmas Ballet concerning your use of this Site.
Miscellaneous
If any provision of these Terms is deemed invalid, the rest remain in effect. Any claim must be brought within one year of the incident.
Electronic Communication
By visiting the Site or contacting us, you consent to receive communications electronically.
Minors
This Site is not intended for children under 14. If you are under 18, you may use this Site only with parental or guardian consent.
Contact
For questions regarding these Terms of Use, please contact:
Email: [email protected]
Subject Line: “Terms of Use Inquiry”