indigO2 London

TERMS + CONDITIONS

THESE TERMS AND CONDITIONS ("TERMS OF USE") ARE BETWEEN YOU AND ANSCHUTZ ENTERTAINMENT GROUP ("AEG") AND GOVERN YOUR USE OF THE AEG WEBSITE ("OUR SITE"). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS OF USE BEFORE YOU START USING OUR SITE.

Ownership
Website Service
Limited Licence; Restrictions
Forums and Public Communication
Your Content
Electronic Communications/SPAM
Disclaimer
Access
Children under 18
Privacy Policy
Limitation of Liability
Indemnification
Links from This Site
Termination
Amending the Terms of Use
Governing Law
Severance
Miscellaneous
The O2 Ticket Terms and Conditions

1. Ownership

All of the content of our Site (which includes without limitation all graphics, text, images, photographs, illustrations, and the design, selection and arrangement thereof) is, unless specifically indicated otherwise, protected by copyright, trademark, and/or other proprietary intellectual property rights owned by or licensed to AEG.

2. Website Service

There are no charges for using our Site. However, we reserve the right to seek to charge in the future for additional services we may offer to provide to you but we will not do so without making clear to you what those charges are and what they relate to and giving you an opportunity to agree whether or not to take such services.

Our Site has been prepared solely for the purpose of providing information about the O2 and it does not constitute any financial or other advice and should not be used as a substitute for such advice. Subject to our legal obligations, we make no warranty or representation that access to our Site or the services offered on our Site will be uninterrupted, timely, secure, or error-free, nor do we make any warranty or representation that the content of our Site, or any information given through it, is accurate or reliable.

You acknowledge and agree that your use of any information on our Site is at your sole risk. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Site (or any part thereof) with or without notice.

3. Limited Licence; Restrictions

The contents of our Site are freely downloadable for browsing purposes only and may not be reproduced in whole or in part or otherwise made available without the prior written consent of AEG. In addition, none of the material on our Site may be copied, altered in any way, or transmitted or distributed to any other party without the prior express written permission of AEG. You may not create links to our Site without the express prior written consent of AEG. Linked websites, whether permitted or not, do not have any implied affiliation with our Site. If you download any software from our Site, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is subject to a limited licence, the terms of which are set out in the separate software licence agreement made available to you at the time of the doanload. AEG 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, 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.

4. Forums and Public Communication

"Forum" means a message board, or e-mail function offered as part of AEG website. You must not post to, submit to, or publish on publicly accessible areas of our Site such as a Forum, bulletin board or otherwise make available on our Site any content, or act in a way which, or which in our opinion:

libels, defames, abuses, invades privacy, harasses or is obscene, racist, abusive, threatening or offensive, contains indecent language or images, or is otherwise illegal or contains unlawful content;
advocates illegal activity or discusses illegal activities with the intent to commit them; infringes and/or violates any right of a third party or any law;
advertises or sells to or solicits others;
uses our Site or any Forum for commercial purposes of any kind, political campaigning, chain letters, mass mailings, any unsolicited mass emailing (SPAM) or phishing;
posts or distributes any software or other materials that contain a virus or other harmful component; or
posts material or makes statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

AEG or any person appointed by AEG has the right to review, remove or edit content from any Forum or other public area of our Site at any time, without notice to you which AEG in its sole discretion, consider breaches or may breach the Terms of Use, in particular, any content that AEG considers is illegal or contains unlawful content. Notwithstanding the above right, AEG does not monitor in real time any comments made or materials posted to any Forum or otherwise communicated to any public area of our Site. AEG is not responsible for the content or accuracy of any such information, and shall not be responsible for any action you take or decisions you make (including but not limited to any trading or investment decisions made) based on such information.

5. Your Content

With respect to all content, information or materials that you communicate to us through our Site, or that you post publicly accessible areas of our Site, including any Forum("Your Content"), you hereby grant (or warrant that the owner of such materials expressly grants) to us a perpetual, worldwide, royalty-free, irrevocable, nonexclusive licence (carrying the right to sublicence) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate Your Content (in whole or in part) into any form, medium, or technology now known or later developed throughout the universe. In addition, you hereby waive your moral rights in Your Content.

You warrant that you have the right to so communicate, submit or post Your Content and that you have the right to grant to us the licence granted in the preceding paragraph, except where you have expressly indicated the contrary to us in writing.

You acknowledge that we have no obligation to retain any of Your Content on the publicly available areas of our Site for any minimum period or at all and that it is entirely in our discretion as to the length of time that Your Content or any of it will be retained on the website. We may also edit or modify Your Content at any time.

6. Electronic Communications/SPAM

We may communicate with you electronically, either by email or by posting information on our Site. You agree not to treat such emails as unsolicited (SPAM). For contractual purposes, you agree to receive communications from us electronically and you consent that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. This does not effect your statutory rights.

You are strictly prohibited from sending (or supporting the sending) of unsolicited bulk or single mail messages, or SPAM, from our website.

7. Disclaimer

THIS WEBSITE HAS BEEN COMPILED IN GOOD FAITH BY AEG. HOWEVER, AEG DISCLAIMS 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, AEG DOES NOT REPRESENT OR WARRANT THAT THE CONTENTS OF THE SITE OR ANY INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE, ADEQUATE, SUITABLE OR CURRENT, NOR MAKES ANY SUCH WARRANTY OR REPRESENTATION IN RESPECT OF ANY INFORMATION CARRIED ON ANY WEBSITE OPERATED BY A THIRD PARTY WHICH MAY BE ACCESSED FROM THE SITE, NOR THAT THE INFORMATION ON THIS OR ANY THIRD PARTY WEBSITE HAS IN ANY WAY BEEN VERIFIED BY AEG, NOR THAT THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.

8. Access

Our Site, and the information contained on it, is not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of, or located in, any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject AEG to any registration or licensing requirement within such jurisdiction. AEG will not be liable if the systems go off line or fail for any reason, or for any incompatibility of our Site with any of your equipment, software or telecommunications systems. AEG will not be liable for any claims, penalties, losses, damages, costs or expenses arising from the use of or inability to use our Site or from any unauthorised access to or alteration of our Site.

9. Children under 18

If you are under 18, you must ask your parent or guardian before you: e-mail the website, ask AEG to e-mail anything to you, send in any information to AEG, enter any contest or game that requires information about you or offer a prize, post any information on any bulletin board, enter any chat room; or buy anything online.

By checking the box, you are confirming that you are over the age of 18, or you have received the consent of your parent or guardian.

10. Privacy Policy

You must read our Privacy Policy, which forms part of these Terms of Use and sets out the way in which your personal data is handled.

11. Limitation of Liability

NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE OUR LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SUBJECT TO THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER AEG NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF AEG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IN PARTICULAR, WE HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH: YOUR INABILITY TO USE OUR SITE OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR COMMUNICATION LINE FAILURE IN RELATION TO OUR SITE, NOR ANY THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERNATION OF, OR USE OF ANY RECORD, INFORMATION OR CONTENT, INCLUDING YOUR CONTENT.

You agree that we shall not be liable to you for any modification, suspension or discontinuance of our Site or any part of it.

You agree that we have no responsibility or liability for the deletion or failure to store any of Your Content nor for any errors in Your Content.

We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on our Site that is not ours, including without limitation any such opinion, advice or statement included in any Forum or on any bulletin board provided on our Site. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the content on our Site, whether such content was provided by us or any third party. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Site.

Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF AEG OR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

12. Indemnification

You must comply with these Terms of Use at all times when using our Site and you must take all reasonable precautions to avoid infringing any third party's rights in the use of our Site, including the communication of Your Content to our Site. You will be liable for any foreseeable and reasonable costs incurred by us in defending any action in respect of a claim resulting from your breach or alleged breach of these Terms of Use, if reasonable precautions were not taken by you. You agree to defend, indemnify and hold AEG and all of its associate companies, its directors, officers, partners, employees, information providers, licensors and licensees and agents harmless from and against all liabilities, claims, damages, costs and expenses, including without limitation legal fees and costs arising out of your use of the Site, Your Content, or your violation, breach or alleged violation or breach of these Terms of Use.

13. Links from This Site

The Site contains links to other Internet sites on the World Wide Web, which lead you out of our Site. We provide such links for your convenience and information only. 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 any AEG website or for any third-party content on our sites. You acknowledge and agree that AEG:

is not responsible for the availability of any external websites or resources linked to our Site;
is not responsible for the content on any other websites or pages linked from our Site;
does not endorse and is not responsible or liable for any merchandise, content, advertising, or other material on or available from such websites or resources;
makes no representation or warranty as to the accuracy, legality, reliability or validity of any content on any other such site; and
makes no representation or warranty that such sites will safeguard the security of your information (including, without limitation, credit card and other personal information) or be free of viruses or other harmful elements. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content or services available on or through any third party site or resource. 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.

14. 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.

15. Amending these Terms of Use

We may update these Terms of Use to accord with our standard contractual provisions at any time. We will post our most recent version of these Terms of Use on our Site. We may also add to, change or remove any part of these Terms of Use. If we intend to amend these Terms of Use in any way for these reasons, we will notify you prior to your next visit to our Site through the use of a pop up or other technology which will ask you to read the amended Terms of Use and confirm your acceptance by checking a box. If you do not agree to the amended Terms of Use, then you are free to discontinue your use of our Site. By checking the acceptance box or continuing to use our Site, you signify your agreement, without limitation or qualification, to be bound by the amended Terms of Use.

16. Governing Law

These Terms of Use shall be governed by English Law and we both agree to subject to the exclusive jurisdiction of the English courts.

17. Severance

If for any reason a court of competent jurisdiction finds that any of these Terms of Use are unenforceable the remaining terms of these Terms of Use shall survive and remain in full force and effect.

18. Miscellaneous

Any waiver of any provision of these Terms of Use must be in writing signed by AEG 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. 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 AEG.

19. The Ticket Terms and Conditions

All tickets ("Tickets") sold by The O2 for either The O2 arena, indig02, or Exhibition Space (each a "Venue" together the "Venues") are subject to the following Terms and Conditions Please read these Terms and Conditions carefully.

The Venues are authorised to sell Tickets to events as an agent on behalf of the promoter of the Event (the "Event Promoter") and control over admission is at the sole discretion of each Venue (please refer to the section on "Admission" below).

YOUR TICKETS

Please check your Tickets upon receipt.
Your Ticket may be in the form of paper, mobile/bar code or chip technology or such other form that becomes available on the market.
Refunds will not be given unless an event is cancelled or in certain other circumstances as set out in these Terms and Conditions.
Tickets (including Standing Tickets) cannot be exchanged.
Removing the ticket stub invalidates the Ticket.
Tickets are not transferable. Reselling a Ticket for profit or commercial gain or for use in competitions, promotions or hospitality packages without the express permission of the Event Promoter will void the Ticket. Failure to adhere to this condition will result in the Ticket holder being refused entry or removed from the Venue.
Tickets brought from unauthorised agents are not valid and admission to the event will not be permitted.
The Venue is not liable for any Tickets that are lost or stolen. Standing tickets can not be duplicated under any circumstances.

ADMISSION

You must produce a valid Ticket to gain entry to the Venue and upon request for inspection at any time.
There is no readmission once you have left the Venue.
All children must have a Ticket.
Children under 14 must be accompanied by a responsible adult at all events.
The standing area is not suitable for under 16´s. Each Venue´s management reserves the right to remove any child from the standing area for safety reasons.
We do not recommend subjecting children to loud music over a sustained period of time.
Except for shows specifically aimed at children, accompanying adults should be confident that the child will not cause disruption to other audience members or they may be asked to leave the auditorium of the Venue.
Customers are requested to address any special needs requirements in advance of their visit by contacting: ticketing@theo2.co.uk or calling Ticketmaster on 0870 4000 750.
Animals, with the exception of assistance dogs, are not permitted in The O2.
In case of an emergency, you must follow the instructions and directions from the Venue´s stewards, staff and/or other officials.
Latecomers may not be admitted until a suitable break in the event performance.
Entry is conditional on your agreement to a search of your person and any items carried. We reserve the right to confiscate any item deemed dangerous, contrary to these Terms and Conditions or that may cause disruption to the event or other patrons.
In order to facilitate the security, safety and comfort of all patrons each Venue reserves the right at its reasonable discretion to refuse admission in which case it shall refund the Ticket value. You may be ejected from the Venue if, in the reasonable opinion of the Venue, you may be a risk to the safety of any patron; affect the enjoyment of other patrons and/or the running of the event. Examples include but are not limited to being (or appearing to be): drunk or incapable or intoxicated, under age (where relevant), abusive, threatening, behaving anti-socially, carrying offensive weapons or illegal substances, declining to be searched or are in breach of these Terms and Conditions.
The following activities are strictly prohibited and may result in customers being asked to leave a Venue:
- entry onto the performing area and backstage or any other prohibited areas;
- unauthorised visual or audio recording inside any Venue in The O2;
- standing on seats or in any walkways and climbing any fencing or other structure;
- throwing any object or substance onto the performing area or otherwise in the Venue;
- excessive noise or the use of abusive language or gestures;
- unauthorised offer for sale or distribution of any newspapers, magazines, merchandise or other items;
- possession of any article which is or may be used as a weapon or missile;
- damage to or interfering with any property of The O2 or Event Promoter;
- crowd surfing and moshing; and
- smoking anywhere inside any building in The O2.
No food or drink is permitted to be brought into a Venue. A variety of food and beverages (alcoholic and non-alcoholic) will be available for purchase inside each Venue.
The use of unauthorised cameras, video or sound recording equipment (including without limitation, mobile phones or other devices used for such purpose), is prohibited and such items may be confiscated.
The consumption of intoxicating liquors is permitted only in authorised places and in accordance with the Licensing Act 1964 and the Sporting Events (Control of Alcohol) Act 1985 and other statutory or regulatory requirements that may come into force from time to time.
The O2 operates a No Proof of Age, No Sale of Alcohol Policy. If you appear to be under the Age of 21, you may be asked to prove you are over 18.
Loud music can damage hearing.
All events are subject to licence.

THE PERFORMANCE - Cancellation right/right to make alterations

The Event Promoter reserves the right to make alterations to the advertised event, where the alterations are not material.
The Ticket holder has a right only to a seat of a value corresponding to that stated on the Ticket holder´s Ticket and management reserves the right to provide alternative seats to those specified on the Ticket.
For reasons beyond the Event Promoter´s reasonable control, for example performer´s illness or major power failure, the Event Promoter reserves the right to make material alterations to the advertised event or cancel/re-schedule the event.

THE PERFORMANCE - Refund policy

If an event is cancelled, you will be entitled to a refund from the Event Promoter, of the face value of the Ticket.
If the advertised event is re-scheduled or subject to a Material alteration (see below for definition) after the date you brought the Ticket, the Event Promoter will publish notice of this and operate a refund scheme under which, if you choose not to attend the event, you may return your unused Ticket for a refund of the face value of the Ticket. Applications for a refund should be made at the original point of purchase.
A "Material" alteration is a change which makes the event materially different to the event that purchasers of Tickets (taken generally) could reasonably expect. This is judged by reference to the nature and billing of each event, for example:
- where, other than supporting acts, there is only one billed act, the non-appearance of the billed headline act will be Material; but
- the non-appearance of a billed supporting act will not be Material, even if such act is not replaced.
Please note that acts billed as festivals or themed events are judged, for this purpose, by reference to the overall theme rather than the individual act scheduled to appear. (This includes all events where the event name does not include reference to any specific act). In these cases, no scheduled acts may be considered as headline acts, regardless of their relative fame or prominence in the billing.
You will not be entitled to a refund in the event of any non-Material changes to an event, nor is there any more general right to a refund for unwanted Tickets.
The Venue is not liable for any Tickets that are lost or stolen.

THE PERFORMANCE - Obtaining a refund

For information on the procedure for obtaining a refund, please contact the point of sale from which you purchased your Tickets. Certain conditions to obtaining a refund apply as follows: (i) the Event Promoter will only refund Tickets purchased from authorised agents; (ii) refunds will only be made on production of the whole unused Ticket; and (iii) refunds will only be made on Tickets that have not been presented to gain entrance to the event.
If the advertised event is re-scheduled or subject to a Material alteration (as defined above), refund requests should be made as soon as possible after notification of the change and before the revised event.
If the advertised event is re-scheduled or subject to a Material alteration at short notice (within 1 week of the revised event) or is cancelled, refund requests should be made as soon as possible after the original scheduled date of the performance.

THE PERFORMANCE - Notification of cancelled/altered events

Please check before traveling that an event has not been cancelled, rescheduled or subject to Material alteration.
Information on such matters will be made available on behalf of the Event Promoter as soon as reasonably possible on The O2's website at theO2.co.uk. However customers are advised that the website cannot always be updated immediately and that circumstances giving rise to cancellation or Material alterations can sometimes arise immediately prior to an event.

PRIVACY

Customer details are managed in accordance with the Anschutz Entertainment Group´s Data Protection Policy, a copy of which is available at theO2.co.uk.
CCTV and film cameras may be present at the Venue. Purchase of a Ticket means you consent to filming and sound recording which may include you as a member of the audience and its use in commercial distribution without payment or copyright.

GENERAL

Nothing in these Terms and Conditions is intended to exclude or to limit in any way any liability which the Event Promoter and/or The O2 may have:
- in negligence; or
- for death or personal injury to any person caused by their negligence, for fraud or other wrongful act or omission.
Under no circumstance will the Event Promoter or The O2 be liable for any loss, damage, cost or expense, which was not reasonably foreseeable at the time the Ticket was purchased or which was not directly attributable to any act or omission of the Event Promoter or The O2. Neither the Event Promoter nor The O2 will be liable for any loss of enjoyment or any wasted expenditure in excess of the face value of the Ticket.
The invalidity or partial invalidity of any provision of these Terms and Conditions shall not prejudice or affect the remainder of these Terms and Conditions which shall continue in full force and effect.
These Terms and Conditions are governed by and interpreted in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.
Notwithstanding any other provision in these Terms and Conditions, no person other than you and us, has any right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions. Nothing in these Terms and Conditions shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.
This service is provided by Anschutz Entertainment Group (the trading name of Anschutz Sports Holdings Ltd a company registered in England and Wales. Our registered office is: 25 Canada Square, Canary Wharf, London E14 5LQ. Our VAT number is 805124369.