The Living Nativity
Terms and Conditions
These Terms and Conditions govern access to and use of living-nativity.ruscellaimmersive.com and any related campaign, sponsorship, Tribute Book submission, ticket, digital content, product, or benefit offered through that website. They form a binding agreement between the person or organization using the website or making a purchase ("you" or "your") and Ruscella Immersive, LLC, a Virginia limited liability company ("RI," "we," "us," or "our").
By accessing the website, submitting a Tribute Book message, making a payment, purchasing a sponsorship, accepting a benefit, or attending a related event, you acknowledge that you have read and agree to these Terms. If you act for a company or other organization, you represent that you have authority to bind it. If you do not agree, do not use the website, submit content, make a purchase, or attend an event under these Terms.
1. The Living Nativity Project
The Living Nativity is a commercial creative production developed and produced by RI in honor of Derric Johnson. The project is based on and celebrates Derric Johnson's creative legacy and original theatrical and written work. Certain musical compositions used in the production are in the public domain. Specific arrangements, orchestrations, recordings, performances, scripts, and other materials created or controlled by Derric Johnson or other contributors remain protected and are used by RI under applicable ownership rights, permissions, or licenses.
References to Derric Johnson, his work, the Living Nativity, the Glory and Pageantry of Christmas, participating artists, venues, production partners, or related organizations do not grant any purchaser a license, ownership interest, endorsement right, or right of association except for the limited recognition expressly included in a purchased sponsorship package.
2. Commercial Purchases and Project Support
Every payment made through the website is a purchase intended to support the development, production, preservation, promotion, distribution, and administration of the Living Nativity project. Funds may be combined with other project revenue and used where RI reasonably determines they will advance the project, including creative development, deferred compensation, production, post-production, equipment, vendors, insurance, legal and accounting services, marketing, events, distribution, technology, overhead, reserves, and contingencies.
Payments are not charitable donations and are not tax-deductible charitable contributions. RI is not a charitable organization. Payments are also not investments, securities, loans, deposits, or purchases of equity, profit participation, voting rights, royalties, repayment rights, or ownership in RI, the project, or any project asset. A purchaser is not entitled to financial returns or an accounting of RI's internal use of funds.
The campaign is not an all-or-nothing campaign. RI may continue, modify, phase, delay, reduce, expand, or complete the project whether or not any stated fundraising goal or milestone is reached. A progress bar, milestone, budget, estimate, or projected use of funds is informational and is not an escrow arrangement, restricted fund, fiduciary undertaking, or guarantee that a particular amount will produce a particular result.
3. Purchases and Payment Processing
You agree to provide complete and accurate payment and contact information and to pay the displayed price, plus any disclosed taxes, shipping charges, or processing charges. Payments may be processed by third-party payment providers whose separate terms and privacy practices also apply. RI does not control a payment provider's processing times, security procedures, declines, holds, or chargeback decisions.
If a price, availability count, package description, or other listing contains an obvious error, RI may correct the error and cancel or adjust the affected transaction. If RI cancels a transaction solely because of its own listing or processing error, RI will return the amount actually paid for the canceled item.
You must be at least 18 years old and legally capable of entering into a binding agreement to make a purchase through this website. Minors may attend eligible events or receive applicable benefits only with the permission, supervision, and any required release of a parent or legal guardian.
4. Final Sales, Delays, Cancellations, and Refunds
Except where applicable law requires otherwise or these Terms expressly provide for a refund, purchases, sponsorships, reservations, digital benefits, event benefits, and related charges are final and nonrefundable. No refund will be provided because a purchaser changes their mind, fails to submit required materials, misses a submission deadline, cannot attend an event that proceeds as scheduled or is properly rescheduled, does not use an available benefit, disagrees with a permitted editorial decision, or is dissatisfied with a creative or production choice.
Estimated production, release, event, and fulfillment dates are good-faith targets and may change. A reasonable delay, postponement, rescheduling, or permitted substitution does not by itself create a right to a refund, except as required by applicable law.
If RI cancels the Living Nativity project and determines that it will not deliver the material benefits included in a purchase, RI will refund the amount paid for the undelivered purchase. If RI permanently discontinues or becomes unable to provide a particular material benefit, RI may first offer a reasonably comparable substitute. If RI cannot provide a reasonably comparable substitute, RI will refund the portion of the purchase price reasonably attributable to the undelivered benefit. A purchaser is not entitled to both a substitute benefit and a refund for the same benefit.
Physical merchandise ordered through the website will be handled in accordance with applicable shipping and consumer-protection requirements. If RI cannot ship physical merchandise within the stated time, or within the period otherwise required by law, RI will provide any legally required delay notice, cancellation opportunity, or refund. A purchaser who agrees to a revised shipping date remains subject to that revised date and any additional rights provided by applicable law.
Refunds are not available when RI cannot deliver a benefit because the purchaser supplied inaccurate information, failed to provide required materials or approvals, violated these Terms, submitted prohibited content, missed a disclosed deadline, or made delivery impossible, except where applicable law requires otherwise.
Before initiating a payment dispute or chargeback, purchasers are encouraged to contact info@ruscellaimmersive.com so RI has a reasonable opportunity to investigate and resolve the matter. Nothing in these Terms restricts a purchaser's right to contact their payment provider or exercise any right that cannot lawfully be waived.
5. Campaign Levels and Benefits
Benefits are determined by the package description displayed at the time of purchase, subject to these Terms. Benefits may include recognition, a Tribute Book message, project updates, early access, a digital soundtrack, a personal-use copy of a digital experience or video, event seats, artwork, a signed item, or other stated items.
Estimated dates are good-faith targets rather than guarantees. Creative productions depend on artists, rights clearances, venues, vendors, technology, funding, weather, health, safety, and other circumstances that can change. RI may change schedules, venues, technical formats, casting, artistic elements, fulfillment methods, quantities, or other project details. If a material promised benefit becomes unavailable, RI may provide a reasonably comparable substitute when practical. A reasonable change or comparable substitution does not create a refund right. If RI permanently eliminates a material promised benefit and cannot provide a reasonably comparable substitute, the refund provisions in Section 4 will apply.
Unless RI states otherwise in writing, benefits have no cash value, may not be redeemed for cash, and may not be resold. Seats may be transferred to another person at no charge, but may not be resold or offered for commercial gain. Access instructions, delivery notices, event information, and fulfillment questions may be sent to the email address supplied at checkout. You are responsible for keeping that address current and reviewing messages from RI.
6. Sponsorships and Recognition
Sponsorship purchases support the Living Nativity project and provide only the recognition and benefits expressly described for the applicable package. A sponsorship does not give the sponsor creative control, approval rights, editorial rights, ownership, exclusivity, an agency relationship, or authority to speak for RI, Derric Johnson, the project, or any participating artist or partner.
All sponsor names, company names, memorial dedications, logos, artwork, requested song or scene associations, and recognition language are subject to RI's prior and continuing approval. RI may edit, standardize, resize, reformat, reposition, reassign, reject, suspend, or remove proposed recognition when reasonably necessary to protect the project's artistic, religious, legal, safety, or reputational standards; comply with law or third-party rights; maintain consistent presentation; respond to production changes; or avoid confusion, controversy, or an implied endorsement.
Recognition may not promote or depict unlawful activity, controlled substances, cannabis, tobacco, weapons, pornography, hate or discrimination, political candidates or campaigns, deceptive claims, harassment, violence, or content RI considers inconsistent with the family-oriented, faith-centered, commemorative tone of the production. RI may also decline a sponsor whose business, message, or conduct would reasonably risk harm to the project or its participants.
RI may request replacement materials or provide a reasonably comparable recognition placement or association. No refund is due when recognition is rejected, edited, suspended, or removed because the sponsor or submitted materials violate these Terms, infringe another person's rights, create a legal, safety, artistic, religious, or reputational concern, contain inaccurate or misleading information, or are not submitted by the stated deadline. If RI permanently eliminates a material sponsorship recognition benefit for reasons unrelated to the sponsor's conduct or materials and cannot provide reasonably comparable recognition, the refund provisions in Section 4 will apply.
"In perpetuity" or similar language concerning a credit means for so long as the applicable version of the production remains in RI's ordinary distribution or exhibition. It does not require RI to maintain, distribute, host, update, remaster, or exhibit the production forever.
By supplying a name, logo, trademark, dedication, photograph, or other sponsorship material, you represent that you own it or have all permissions necessary for RI to use it. You grant RI a nonexclusive, worldwide, royalty-free license to reproduce, edit, format, display, distribute, and archive that material in connection with the project, its credits, events, publicity, historical records, and fulfillment of the sponsorship.
7. Messages for Derric Johnson’s Commemorative Tribute Book
Anyone 18 or older may submit a message for a commemorative Tribute Book that RI intends to create and present to Derric Johnson, with or without a purchase. An email address is required. A qualifying purchase is a purchase of $25 or more made through this website by November 24, 2026. Messages submitted without a qualifying purchase may be included at RI’s discretion. If you submit a message without a qualifying purchase, RI may email you about including it in the Tribute Book; you may ask RI to stop at any time. The Tribute Book is a commemorative gift for Derric Johnson. Unless expressly stated in the applicable package description, purchasers will not receive a printed or digital copy of the Tribute Book.
Each qualifying purchaser who submits a message by the posted deadline and follows the submission requirements will be represented in the Tribute Book. RI does not guarantee that a message will appear exactly as submitted or guarantee its placement, length, typography, formatting, public reading, or use in any other Project material. RI may establish reasonable length, formatting, verification, and production requirements.
You are responsible for your submission and represent that it is truthful to the best of your knowledge, is your original expression or is lawfully submitted, and does not violate another person’s copyright, trademark, privacy, publicity, confidentiality, or other rights. Do not submit private information about another person without permission.
Submissions may not contain or promote:
- profanity, obscenity, sexually explicit material, graphic violence, threats, harassment, bullying, or hateful or discriminatory content;
- defamation, knowingly false allegations, invasive personal information, unlawful content, or material that infringes another person’s rights;
- commercial advertising, political campaigning, fundraising for another cause, spam, links, or promotional solicitations unrelated to the tribute; or
- material that RI reasonably determines is inconsistent with the respectful, family-oriented, faith-centered, and commemorative purpose or production limitations of the Tribute Book.
RI may review, correct, shorten, excerpt, anonymize, reformat, or edit a submission to address space limitations, production requirements, legal concerns, editorial standards, or the tone and purpose of the Tribute Book. RI may preserve the central sentiment of a message while changing its wording and is not required to obtain the purchaser’s approval of those edits.
If a submitted message contains prohibited material or cannot reasonably be used as submitted, RI may replace it with an edited version that preserves the appropriate central sentiment. If RI reasonably determines that the message cannot be made suitable through editing, the purchaser will instead be represented in the Tribute Book by the purchaser’s submitted name and a brief acknowledgment of support selected by RI. RI will not be required to print or publish inappropriate, unlawful, infringing, or otherwise prohibited material.
A message that is edited, shortened, reformatted, or replaced under this Section does not entitle the purchaser to a refund. Failure to submit a message by the posted deadline or to provide required information also does not entitle the purchaser to a refund. Other benefits included in the purchased package remain subject to these Terms. If RI permanently cancels the Tribute Book and does not provide a reasonably comparable substitute for that benefit, the refund provisions in Section 4 will apply.
You retain ownership of your original message. By submitting it, you grant RI and its Project partners a perpetual, worldwide, nonexclusive, royalty-free, transferable, and sublicensable license to edit, reproduce, print, publish, display, read aloud, distribute, promote, archive, and otherwise use the submission, together with the submitted name and general location, in:
- the Tribute Book;
- the Living Nativity website and related Project websites;
- Project events and presentations;
- documentary, promotional, and historical materials;
- social-media posts and publicity; and
- other materials directly connected with the Living Nativity project.
RI is not required to use the message outside the Tribute Book and owes no additional compensation for any authorized use.
8. Intellectual Property and Limited Digital License
The website and Project materials, including scripts, arrangements, recordings, performances, video, immersive environments, animation, designs, artwork, photographs, graphics, logos, text, software, and compilations, are owned by or licensed to RI and are protected by applicable intellectual-property laws. Public-domain status of an underlying musical composition does not place a protected arrangement, orchestration, recording, performance, audiovisual work, or RI production in the public domain.
When a campaign level includes access to the initial painted version of The Living Nativity (“Painted Version,” presented on the campaign page as the Immersive Showcase Experience), RI grants the purchaser a limited, nonexclusive, nontransferable license to view the Painted Version privately and to present it in free, noncommercial group screenings. These screenings may include presentations for families, friends, churches, schools, community groups, and other organizations, provided that no admission fee, required donation, membership fee, or other payment is charged in connection with the screening.
This permission applies only to the Painted Version provided through this campaign. It does not include the future live production, final filmed production, immersive experience, soundtrack, or any other version or Project material unless RI expressly states otherwise in writing.
Purchasers may invite others to attend an authorized screening and may share an official RI webpage or viewing link intended for public sharing. However, purchasers may not provide copies of downloaded files, share passwords or access credentials, upload the content to another website or platform, livestream or broadcast it, post it on social media, sell or rent it, sublicense it, modify it, extract content from it, create derivative works, circumvent access controls, or otherwise redistribute it.
Any screening for which admission, tickets, required donations, sponsorship fees, or other compensation is collected requires RI’s prior written permission and may require a separate exhibition or commercial license.
RI may suspend or revoke access if the purchaser violates these Terms, infringes Project rights, distributes the content without authorization, circumvents access controls, or uses the content unlawfully. Perpetual hosting, continued availability, and compatibility with any particular device or platform are not guaranteed. No ownership interest is transferred.
9. Events, Tickets, and Attendance
An event seat or invitation is a limited revocable license to attend the identified event, subject to capacity, venue rules, security procedures, age restrictions, accessibility and safety requirements, and instructions provided by RI or the venue. A purchase does not guarantee a specific seat or sightline unless RI confirms it in writing. Travel, lodging, parking, meals, and incidental expenses are not included unless expressly stated.
RI may reschedule, relocate, reconfigure, postpone, or cancel an event for safety, production, legal, venue, capacity, or force-majeure reasons. When practical, RI may honor the seat at a rescheduled event or provide a reasonably comparable event or benefit. A reasonable rescheduling, relocation, or comparable substitution does not create a refund right. If RI permanently cancels the event and cannot provide a reasonably comparable substitute for the event benefit, Section 4 will apply. No refund is due because a purchaser cannot attend, arrives late, fails to follow event instructions, or is removed for misconduct.
Attendees must behave safely and respectfully and follow staff and venue instructions. RI may deny entry or remove a person whose conduct is disruptive, unsafe, unlawful, abusive, intoxicated, or inconsistent with the event's intended environment, without refund.
10. Photography, Recording, and Likeness Release
Living Nativity events may be photographed, filmed, streamed, recorded in conventional, 360-degree, stereoscopic, spatial, immersive, or other formats, and incorporated into the production, documentaries, promotional materials, archival materials, and future versions. By entering an event area, you knowingly grant RI and its designees the irrevocable, perpetual, worldwide, royalty-free right to photograph and record your appearance, image, likeness, voice, name, reactions, and participation and to edit, reproduce, distribute, publicly display, publicly perform, advertise, and otherwise use those materials in any media now known or later developed, without inspection, approval, notice, or additional compensation.
You release RI, its affiliates, licensees, production partners, venues, sponsors, personnel, and successors from claims arising from authorized capture and use, including claims based on privacy, publicity, portrayal, editing, or context, except to the extent a claim cannot lawfully be released. Attendance does not guarantee that you will appear in any released production or that a recognizable appearance will be retained.
A parent or legal guardian must provide any release required by RI for an attendee under 18. RI may require a separate written minor release and may deny access to a filmed area if the required release is not completed.
11. Immersive Media and Safety
Virtual-reality and immersive content can cause motion sickness, dizziness, disorientation, eyestrain, loss of balance, nausea, headaches, or other discomfort. Use content only in a safe area, follow device-manufacturer instructions and age guidance, take breaks, and stop immediately if discomfort occurs. Consult an appropriate medical professional before use if you have a condition that may be affected by immersive media. You assume ordinary risks associated with your voluntary use of compatible devices and content, subject to rights that cannot be waived.
RI does not guarantee compatibility with every device, browser, operating system, headset, internet connection, accessibility tool, or future technology. Technical requirements may change, and third-party platform availability is outside RI's control.
12. Acceptable Website Use
You may use the website only for lawful purposes. You may not interfere with its operation or security; introduce malicious code; scrape, harvest, or collect data through automated means; impersonate another person; submit fraudulent payment information; attempt unauthorized access; copy or exploit website content except as expressly permitted; or use the website or project identity to mislead others or imply an unauthorized affiliation.
13. Privacy and Communications
RI may collect and use contact, transaction, submission, device, and usage information to operate the website, process purchases, fulfill benefits, communicate project updates, prevent fraud, comply with law, and administer the campaign. Additional information concerning RI's collection, use, retention, and disclosure of personal information is provided in the Privacy Policy posted on the website and incorporated into these Terms by reference. Payment providers, email services, hosting providers, event platforms, fulfillment vendors, and other service providers may process information under their own terms and privacy policies.
By providing an email address in connection with a purchase or submission, you consent to transactional and project-related electronic communications. Where required, promotional communications will include a method to unsubscribe; unsubscribing from marketing does not prevent necessary purchase, safety, legal, or fulfillment communications.
14. Third Party Services and Links
The website may link to or rely on third-party websites, platforms, processors, devices, venues, or services. RI does not control and is not responsible for their content, availability, security, policies, or conduct. Your use of a third-party service may be governed by separate terms.
15. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, CAMPAIGN, PROJECT, EVENTS, DIGITAL CONTENT, AND BENEFITS ARE PROVIDED "AS IS" AND "AS AVAILABLE." RI DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, COMPATIBILITY, AND QUIET ENJOYMENT. RI DOES NOT WARRANT THAT THE PROJECT WILL BE COMPLETED IN A PARTICULAR FORM OR BY A PARTICULAR DATE; THAT ANY FUNDRAISING TARGET WILL BE MET; OR THAT THE WEBSITE OR DIGITAL CONTENT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
Some jurisdictions do not permit particular warranty exclusions, so some exclusions may not apply to you.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RI AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, ARTISTS, LICENSORS, PRODUCTION PARTNERS, SPONSORS, VENUES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, OPPORTUNITY, GOODWILL, OR USE; TRAVEL OR LODGING COSTS; OR DAMAGES ARISING FROM DELAY, CANCELLATION, CREATIVE CHANGES, THIRD-PARTY SERVICES, UNAUTHORIZED ACCESS, OR INABILITY TO USE A BENEFIT, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF RI AND THE OTHER RELEASED PARTIES FOR CLAIMS ARISING FROM OR RELATING TO A PARTICULAR PURCHASE WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO RI FOR THAT PURCHASE. FOR CLAIMS UNRELATED TO A PURCHASE, TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. These limitations do not apply where prohibited by law or to liability that cannot lawfully be limited.
17. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless RI and its members, managers, employees, contractors, artists, licensors, production partners, sponsors, venues, and agents from third-party claims, liabilities, damages, judgments, costs, and reasonable attorneys' fees arising from your submission or sponsorship materials; your infringement or violation of another person's rights; your unlawful or unauthorized use of the website or project materials; your misconduct at an event; or your material breach of these Terms.
18. Force Majeure
RI is not responsible for delay, modification, interruption, or nonperformance caused by circumstances beyond its reasonable control, including severe weather, fire, flood, natural disaster, epidemic or pandemic, illness or incapacity of essential participants, death, labor dispute, supply or equipment failure, utility or internet outage, cyberattack, governmental action, war, terrorism, civil disorder, venue unavailability, transportation disruption, or failure of a critical third-party provider. RI may adjust the schedule, scope, venue, format, personnel, or fulfillment plan in response. Force majeure may excuse or delay performance but does not eliminate any refund, cancellation notice, or other remedy required by applicable law or expressly provided in Section 4.
19. Copyright Concerns
If you believe material on the website infringes a copyright you own or control, send a written notice to info@ruscellaimmersive.com identifying the copyrighted work, the allegedly infringing material and its location, your contact information, a good-faith statement that the use is not authorized, a statement under penalty of perjury that the notice is accurate and that you are authorized to act, and your physical or electronic signature.
20. Changes to These Terms
RI may update these Terms by posting a revised version and changing the effective date. The version in effect when a purchase is made will govern that purchase, except that later changes may apply when required by law or when they do not materially reduce an existing purchaser's promised benefits. Continued use of the website after revised Terms are posted constitutes acceptance of the revised Terms for later use and transactions.
21. Governing Law and Disputes
These Terms and any dispute arising from or relating to the website, campaign, project, purchase, submission, sponsorship, benefit, or event are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Subject to any applicable small-claims right or law that requires another forum, the state and federal courts located in Orange County, Florida will have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.
Before filing a lawsuit, the complaining party must provide written notice describing the dispute and requested resolution and allow the other party 30 days to attempt an informal resolution. This requirement does not prevent either party from seeking urgent injunctive relief to protect intellectual property, confidential information, safety, or security.
22. General Terms
These Terms, the package description in effect at purchase, any posted Privacy Policy, and any separate written sponsorship or licensing agreement signed by RI constitute the agreement concerning the relevant transaction. If a signed written agreement conflicts with these Terms, the signed agreement controls its subject matter.
If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain effective. RI's failure to enforce a provision is not a waiver. You may not assign your rights or obligations without RI's written consent. RI may assign these Terms or project rights in connection with a reorganization, financing, asset transfer, project entity, or successor, provided that existing purchaser obligations are assumed or reasonably fulfilled. Headings are for convenience only. Electronic acceptance and records have the same effect as originals.
23. Contact
Questions, billing concerns, legal notices, and requests concerning these Terms may be sent to:
Ruscella Immersive, LLC
Living Nativity Project
Orlando, Florida
info@ruscellaimmersive.com
living-nativity.ruscellaimmersive.com