Terms and Conditions
1. Your Acceptance
THIS WEBSITE IS OWNED BY AND OPERATED ON BEHALF OF Zodiak Rights Limited a trading division of Zodiak Media Limited (the “Company”)
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content and User Submissions available through the www.ticketytoc.com, the “Website”), YOU OR YOUR PARENT IF YOU ARE UNDER 16 SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF THE PRIVACY NOTICE, WHICH IS PUBLISHED AT www.ticketytoc.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Website.
If you are under the age of 16 and use or visit the Website in accordance with the Terms of Service you agree and hereby take responsibility for ensuring that you shall not reveal any personal information about yourself or anyone else, including but not limited to your age, telephone number, home address or email address, to the Company or to any other user of the Website.
Please note that the Company may update these Terms of Service at any time and it is your responsibility to review the Terms of Service regularly to ensure you are up to date regarding any changes the Company may introduce as your continued access to and/or use of the Website after changes have been made to the Terms of Services indicates your acceptance of and agreement to be legally bound by the updated and/or revised Terms of Service.
3. Website Access
A. The Company grants you permission to use the Website as set out in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the Website in any medium without the Company’s prior written authorisation; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. You agree not to use or launch any automated system that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. The Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
C. The Website may now or in the future permit you to register as a user and to select a user name and/or password. Should you choose to register as a user on the Website, please note that any personal information supplied to the Company at the point of registration as well as any other form of contribution to and/or interaction with the Website by you will be collected, stored and used in accordance with the Privacy Notice. Your User name and/or password will allow you to access your account. You accept that it is your sole responsibility to maintain the confidentiality of your password and/or user name and that you are responsible for all activity that occurs under them. The Company is unable to check the identity of people using the site and will not in any way be liable where your password and/or user name are used by someone else. You agree to notify the Company immediately of any unauthorised use of your password and/or user name and any other breach of security as soon as you become aware of it and you acknowledge and agree that the Company has the right, at any time and at its sole discretion, to either suspend or terminate your use of the Website.
4. Intellectual Property Rights
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under English and EU laws and international conventions.
5. User Submissions
A. The Website may now or in the future permit the submission videos or other communications and materials including but not limited to jokes, messages, photos, drawings, or other text and materials to our website (whether in response to any request or otherwise submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, the Company does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorise the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (iii) your User Submissions shall not contain any offensive and/or illegal content as outlined in Clause 5 D below. For clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to the Website, you grant the Company a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and the Company’s business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. This license is granted by you in perpetuity save that it shall terminate once you remove or delete a User Submission from the Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Company or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Submissions. The Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and the Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. The Company reserves the right to remove Content and User Submissions without prior notice. The Company will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. The Company also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Company may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. Any User Submission that is deemed to be offensive and/or illegal will be removed from the Website. The following is a list of potentially offensive and/or illegal content but this list is not definitive.
(i) nudity, whether partial or whole including nudity of children of any age.
(ii) exploitation of children and/or minors including disclosure of information, beyond a first name, personally identifying information about persons under the age of 18.
(iii) disclosure of personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
(iv) advertisements of a particular product or service that, in the sole judgment of the Company, does not otherwise have redeeming value to the community.
(v) grossly offensive content, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
(vi) promotion and/or provision of instructional information about illegal activities.
(vii) cruelty to animals.
(viii) Copyrighted material that is used without the express permission of the owner including software.
(ix) abusing, harassing, stalking, threatening or otherwise violating the legal rights of others (such as the rights of privacy and publicity).
(x) viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website servers or another users computer.
(xi) violation of any applicable laws or regulations not specifically referenced herein.
Users should be aware that User Submissions containing any of the above or similar could lead to criminal prosecution.
E. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing:
(i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company’s designated Copyright Agent to receive notifications of claimed infringement is: Data Protection, Business Affairs Department, Zodiak Rights Limited, Gloucester Building, Avonmore Road, Kensington Village, London W14 8RF. Any other feedback, comments, requests for technical support, and other communications should be directed to customer service through firstname.lastname@example.org
F. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Warranty Disclaimer
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, the Company, their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof.
The Company make no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.
The Company do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website, any social media plug-in and/or widget or featured in any banner or other advertising, and the Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
7. Limitation of Liability
In no event shall the Company, their respective officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Website is controlled and offered by the Company from its facilities in the UK. The Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless the Company, their respective parent corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Website.
9. Ability to Accept Terms of Service
You confirm that you are either more than 16 years old or have obtained the consent of your parents or guardian. You also confirm that you, as a user over 16 years old, or as a parent or guardian of a user under 16 years old, are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
You agree that: (i) the Website shall be deemed solely based in the UK; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Website, either specific or general, in jurisdictions other than English law. These Terms of Service shall be governed by the internal substantive laws of England and Wales, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in England.
These Terms of Service, together with the Privacy Notice at www.ticketytoc.com/privacy and any other legal notices published by the Company on the Website, shall constitute the entire agreement between you and the Company concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.