Terms of Use – UK

Effective 14 December 2018

Terms of Use

THANK YOU FOR VISITING OUR SITE, which includes this website and all related digital or mobile applications (the “Site”). This Site is operated by AXS Europe Ltd., a subsidiary of AXS Group LLC (collectively, “AXS”). We hope you enjoy the exciting and informative features on our Site. The following are the terms and conditions of use that govern the use of the Site (including any mobile versions of the Site ("TERMS"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR MAKING ANY PURCHASE ON OR THROUGH THE SITE. Certain areas or features of the Site (involving, for example, sweepstakes, promotions, or text alerts) may contain additional terms and conditions for your review

By using the Site, you represent that you are at least 18 years of age or, if under the age of 18, you have the consent of your parent or legal guardian to use the Site. If purchasing a ticket on the Site you must be at least 18 years of age or, if under the age, you must be at least 13 and have the consent of your parent or legal guardian to make a purchase. You also represent that you are a consumer, and not a business or trader or person acting on behalf of a business or ticket trader.  If you do not meet these requirements or do not agree to these Terms, please do not use the Site. We reserve the right, at our discretion, to alter or remove contents or features on the Site, as well as change, modify, add, or remove portions of these Terms at any time. This may include initiating or changing fees or charges for use of the Site or portions thereof.

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. Please check these Terms periodically for changes. Your continued use of the Site following the posting of changes to these Terms will mean you accept those changes. You can tell the most recent version of the Terms by looking at the Last Updated notation above the Terms.

Table of Contents

1. Ownership
2. Limited Licence; Restrictions
3. Use of Site Forums and Public Communication
4. Ticket Purchases
5. Disclaimer
6. Limitation of Liability
7. Indemnification
8. Links/Framing
9. Termination
10. Governing Law
11. Miscellaneous
12. Notices of Copyright Infringement
13. Contact Information

Ownership

We are the owner or licensee of all of the content contained on the Site (which includes, without limitation, all graphics, text, images, photographs, videos, illustrations, and the design, selection and arrangement thereof), as well as the software (including any images or files incorporated in or generated by the software), underlying code, and data accompanying the software for the Site (collectively, the “Software”). The Site is protected by copyright, patent and/or trademark and/or other proprietary intellectual property rights, which are owned or licensed by us, and are protected under the laws of the United Kingdom, United States, and international intellectual property laws. By using the Site you acknowledge that you do not acquire any ownership rights to the Site, Software or any of its contents.

Limited Licence; Restrictions

We provide the Site to you for the purposes of providing you with information about us, as well as the exciting events, venues and other products and services offered or described on the Site. You are granted a limited licence to use the Software and/or download the materials contained on the Site to a single personal computer, and to print a hard copy of the materials contained on the Site, solely for your personal, non-commercial use, and provided all copyright, trademark, patent and other proprietary notices are left intact. You are not permitted to use, reproduce, modify, display, publicly perform, distribute, or create derivative works in any other media, by any means and for any purpose without our prior written permission. In all cases, the Site must be acknowledged as the source of the material. Use of the materials (including, without limitation, the Software) contained on the Site on any other Internet site is strictly prohibited. The grant of this limited licence is conditional upon your agreement to and full compliance with these Terms. Any other use of any of the Software and/or materials on the Site, including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without our prior written permission is strictly prohibited, and is a violation of our proprietary rights and/or the rights or our licensors.

If you download any Software from the Site, the Software, is subject to the limited licence set out above. We and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, use or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it, or otherwise using it for commercial purposes.

The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks owned by us and/or by our licensors, service providers and or others that have granted us permission to use such Trademarks. You may not use the Trademarks in connection with any product or service that is not offered by us, and users are not granted any licence or right to use the Trademarks for commercial or any unauthorised purposes.

Code of Conduct

On the Site, we may enable users to post comments, content, or interact with others. You may not use the Site to:

• defame, abuse, harass, harm or threaten others;
• make any bigoted, hateful, or racially-offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person;
• post or distribute any material that infringes and/or violates any right of a third party or any law;
• post or distribute any vulgar, obscene, discourteous, or indecent language or images;
• advertise or sell to or solicit others;
• use the Site or Forum for commercial purposes of any kind, except for the purchase and/or resale of tickets through our platform;
• post or distribute any software or other materials that contain a virus, worms, Trojan horses, defects, date bombs, time bombs or other harmful component;
• post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
• restrict or inhibit any other user from using and enjoying the services or features of the Site;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, the Site;
• transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libellous, 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 authorisation to do so;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
• use the Site or Forum to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including us or any of our employees, including improper use of passwords, pass codes, pre-sale codes or discount codes if you are not the original recipient of such code;
• use the Site or any materials contained on the Site for any unlawful or commercial purpose;
• interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;
• gain, or attempt to gain, unauthorised access to the Site, or any account, computer system, or network connected to the Site (including ticketing web sites, whether operated by us or others), by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means.
• obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
• gather any email addresses or other personal information that has been posted by other users of the Site for marketing or for commercial or other improper purposes;
• 'Frame' or 'mirror' the Site, or any part thereof; or
• use any automatic means (e.g. robot, spider, offline reader, the Site search/retrieval application or other manual or automatic device or process) to (a) retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents or (b) to make multiple and repetitive inquiries to access, reload or "refresh" transactional event or ticketing pages. The only exception relates to public search engines used solely to create publicly available search indices (which we may revoke such rights at any time in our sole discretion).

While using the Site, you agree to comply with all applicable laws, rules and regulations. Please let us know if you believe someone is violating the Code of Conduct.

To use certain features of the Site, you may need a username and password, which you will receive through the registration process. You must provide us with accurate, complete, and updated registration information. You are responsible for maintaining the confidentiality of the password and account, so please do not give out your password to anyone. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us in writing immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. We may refuse registration or cancel an account or deny access to the Site in our sole discretion.

It is our policy to respect the privacy of all customers. We will use information we collect in variety of ways, subject to our Privacy Policy [provide link].

We reserve the right to remove or edit content from the Site at any time and for any reason. By uploading materials to the Site or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

When participating in a discussion on the Site, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained may not be reliable, and it is not a good idea to trade or make any decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.

Ticket Purchases

Please review the Purchase Agreement [provide link] which will govern your order,purchase, or sale of any tickets through the Site (including resale tickets and those delivered through our digital method of delivery currently known as Flash Delivery) and the use of such tickets. You must supply credit card and other personal information in order to complete your purchase.  Any tickets purchased by or for businesses or ticket traders may be cancelled, at our discretion.

In purchasing tickets you may be linked to a third-party site which is not affiliated with this Site. WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY WEB SITES, INCLUDING PURCHASES MADE ON THOSE SITES. Please make sure to review the terms and conditions that you will find on these third party sites.

Disclaimer

THE SITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THE SITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THE SITE.

While we try to provide accurate information on the Site, the data and other information contained on the Site is subject to frequent changes. We also receive information from a variety of sources that we do not control and for which cannot be responsible. As a result, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on the Site or other websites that link to or from the Site. Please let us know if you discover any inaccuracy in the Site content. As noted above, we are not responsible for the conduct of the operators of third-party sites, and we cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

The sale of tickets is subject to additional Disclaimers and Limitations of Liability which may be found in the Purchase Agreement [provide link].

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER AXS NOR ANY OF ITS PARENTS, AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES ("RELEASEES"), 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 SERVICES AND/OR MATERIALS CONTAINED ON THE SERVICES,
• ANY LINKED WEBSITESOR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE).

WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AXS SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR :

• ANY FAILURE OF A USER TO CONFORM TO THE CODE OF CONDUCT OR THESE TERMS,
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM OUR NEGLIGENCE,
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR THOSE OF OUR SERVICE PROVIDER(S) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
• ANY BUGS, VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,
• 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 SERVICES,
• (ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET; AND/OR
• ANY INCIDENT THAT OCCURS AT OR RELATED TO ANY EVENT FOR WHICH YOU PURCHASE TICKETS THROUGH THESE SERVICES AND/OR OUR SITES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, OR THE LINKED WEBSITES, AS APPLICABLE. OUR MAXIMUM LIABILITY, 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 $100 OR THE TOTAL AMOUNT AXS HAS RECEIVED FROM YOU IN THE PAST SIX MONTHS.

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.

Indemnification

You agree to defend, indemnify and hold harmless the Releasees from and against all liabilities, claims, damages, costs and expenses, including attorneys’ fees arising out of: your use of the Site; any material you post, upload, e-mail or otherwise transmit to or using the Site; or your violation, breach or alleged violation or breach of these Terms.

Links/Framing

The Site contains links to other Internet websites, including other websites where you may purchase tickets to events or other goods and services. We provide such links for your convenience only, and we are not responsible for the content in any website linked to or from the Site. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such websites, and that such websites will be free of viruses or other harmful elements. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your website by us. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Termination

We reserve the right to terminate your access to our Site at any time without notice from us if, in our sole discretion, you fail to comply with these Terms of Use.  Any breach of the these Terms of Use may result us suspending your ability to make further transactions or the cancellation of already purchased tickets, as appropriate. 

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. You agree that any action at law or in equity arising out of or relating to these Terms shall be subject to the jurisdiction of the courts of England and Wales and waive any right you may have to participate or bring a class action lawsuit in any jurisdiction. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. In order to commence such a proceeding, please send a letter describing the dispute to AXS at:

AXS Europe
7th Floor West
Cottons Centre
47/49 Tooley Street
London SE1 2QN
Attn: Legal Department

Miscellaneous

Any waiver of any provision of these Terms must be in writing signed by the party waiving it rights to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these Terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These Terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and us.

Notice of Copyright Infringement.

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform us by sending written notice by registered mail to AXS at address set forth in Section 10 above. The notice must include, among other things, the following information:-

1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
3. Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.

Contact Information.

If you have any questions regarding these Terms of Use, please contact us at [email protected]

The Site is operated by AXS.

© 2018 AXS Group LLC/AXS Europe Ltd.