WEBSITE TERMS OF USE, Nova Cinema
WEBSITE TERMS OF USE
Key points to note
• These Website Terms of Use apply to your use of our website www.novacinema.com, any other websites operated by us on which a link to these Website Terms of Use are found and our app (referred to collectively in these Website Terms of Use as our "websites").
• If you are under the age of 18 it is important that you have your parent's or guardian's permission to use our websites or services and, as a parent or guardian, it is important that you have understood these Website Terms of Use.
• By continuing to use any one of our websites, you confirm that you accept these Website Terms of Use and that you agree to comply with them.
• If you do not agree to these Website Terms of Use, you must not use our websites.
• You agree that you will not misuse any of the content on any of our websites and agree to indemnify us for any loss that we suffer as a result of any and all unauthorised uses you make of any content on our websites (whether such content is owned by, or licensed to, us).
• We recommend that you print a copy of these Website Terms of Use for future reference.
• Any changes we may make to our Website Terms of Use in the future will be posted on our websites and, where appropriate, notified to you when you next access any of our websites. It is your responsibility to ensure you are happy with any revised terms.
• In addition to these Website Terms of Use please take the time to read our Privacy Policy and Cookie Policy which will also govern your use of our websites.
1. WHO ARE WE AND WHAT DO WE DO?
2. WHAT IS THE PURPOSE OF THESE WEBSITE TERMS OF USE?
3. WHAT OTHER TERMS APPLY TO YOUR USE OF OUR WEBSITES?
4. WHAT SHOULD YOU BE AWARE OF WHEN ACCESSING OUR WEBSITES?
5. REGISTERING AN ACCOUNT WITH US
6. CHILDREN
7. WHAT ARE YOU PROHIBITED FROM DOING?
8. CAN YOU LINK TO OUR WEBSITE?
9. WHAT ABOUT THIRD PARTY LINKS AND RESOURCES ON OUR WEBSITE?
10. WHAT ABOUT VIRUSES?
11. WHAT ABOUT OUR INTELLECTUAL PROPERTY RIGHTS?
12. CAN YOU RELY ON INFORMATION ON OUR WEBSITE?
13. HOW DO WE LIMIT OUR LIABILITY?
14. WHICH LAW APPLIES TO THESE WEBSITE TERMS OF USE?
15. THIRD PARTIES
16. WAIVERS
17. SEVERANCE
1. WHO ARE WE AND WHAT DO WE DO?
1.1 Who we are. “ATG” and “ATG Entertainment” (and “we”, “our”, “ours” and “us”) refers to The ATG Entertainment Limited a leading venue owner, producer and ticketing operator in the arts and entertainment industry, registered in England and Wales with registration number 2671052 and whose registered office is at Alexander House, Church Path, Woking, Surrey GU21 6EJ.
1.2 What we do. We sell theatre tickets via our websites as well as providing information and theatre related content in respect of shows performed in our theatres. We also sell theatre-related products such as vouchers, membership options and packaged theatre experiences. The sale of tickets and our products is governed by our Terms and Conditions of Sale.
1.3 How to contact us. You can contact us by email at customercare@theambassadors.com or help@novacinema.com.
1.4 How we may contact you. If we have to contact you we will do so by telephone or in writing, using the telephone number, email address or postal address that you have provided to us. We will only contact you in accordance with our Privacy Policy.
2. WHAT IS THE PURPOSE OF THESE WEBSITE TERMS OF USE?
2.1 About these Website Terms of Use. These Website Terms of Use (together with the documents referred to below) explain the terms on which you may use our websites. Use of our websites includes (but is not limited to) accessing and browsing any of our websites. By using any of our websites, registering for an account with us or purchasing tickets and/or other theatre-related products online, you agree to comply with these Website Terms of Use.
2.2 Revisions to these Website Terms of Use. We may revise these Website Terms of Use from time to time. Any changes we make will be posted on each of our websites and, where appropriate, notified to you when you next access our websites. It is your responsibility to ensure that you are aware of the latest version of these Website Terms of Use and your continued use of one of our websites will be deemed to be your acceptance of any revised terms.
2.3 Updating our websites. We may update our websites from time to time. However, please note that any of the content on our websites may be out of date and/or inaccurate at any given time, and, although we will try to correct or update such content, we are under no obligation to do so.
3. WHAT OTHER TERMS APPLY TO YOUR USE OF OUR WEBSITES?
3.1 These Website Terms of Use refer to the following additional terms, which also apply to your use of our websites:
(a) Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
(b) Our Cookie Policy, which sets out information about the cookies on our websites.
(c) Our Terms and Conditions of Sale, which will apply to your purchase of tickets and/or other theatre-related products (such as vouchers) from us.
4. WHAT SHOULD YOU BE AWARE OF WHEN ACCESSING OUR WEBSITES?
4.1 Residency. Our websites are directed at people residing in the United Kingdom. We do not represent that content available on or through our websites is appropriate for use, or available in, other locations. We may limit the availability of our websites or any service or product described on our websites to any person or geographic area at any time. If you choose to access our websites from outside the United Kingdom, you do so at your own risk.
4.2 Responsibility for internet connection. You are responsible for ensuring that all persons who access our websites through your internet connection are aware of these Website Terms of Use and other applicable terms and conditions and that they comply with them.
4.3 Access. We do not guarantee that our websites, or any content on them, will always be available or be uninterrupted. Access to our websites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of any one of our websites without notice at any time, to allow for repairs, maintenance, the introduction of new services or otherwise. We will not be liable to you if for any reason one of our websites is unavailable at any time or for any period.
5. REGISTERING AN ACCOUNT WITH US
5.1 Registering with us. You may need to create an account with us to purchase tickets and/or other theatre-related products via our websites. You are responsible for the activity that occurs on your account so please keep your user name, passwords and any other pieces of information used by you as part of our security procedures, confidential. You must not disclose any of this information to any third party.
5.2 Restrictions on registration. To register for an account and purchase tickets and/or other theatre-related products from us:
(a) you must be 18 or over;
(b) you will need to provide us with certain registration information, including your date of birth.
You must tell us if any of your registration details change as soon as possible so that we may update our records.
5.3 Our right to restrict your access. We have the right to disable any user account at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Website Terms of Use (or any other of our terms of which you have been made aware).
5.4 One account only. Please note that you may not register more than once for an account. Multiple identities and accounts are not permitted.
5.5 Your account is non-transferable. Only you may use your account. If we find that you are allowing other individuals to use your account, then we may suspend or terminate your account.
5.6 Keeping your account safe. You should change your password on a regular basis and never disclose it to any third party. You undertake to protect your username and password and any failure to do so shall be at your sole risk and expense. If another person accesses your account, you are solely responsible for all their actions whether or not their access was authorised by you and you hereby agree to take responsibility for and reimburse us in respect of all costs, claims, expenses and damages howsoever arising in connection with the use of, or access to, your account by any third party (save where such activity is the direct result of a failure by us or our systems).
5.7 Being polite. Any usernames chosen must not be offensive or infringe the right of a third party. Your chosen username must not be misleading, used to give opinions, or directly or indirectly used to solicit other users of our websites to use the services of any other company.
5.8 Security breach. If you know or suspect that anyone other than you knows your user name or password or you suspect that your account has been breached in any way, you must promptly notify us at customercare@theambassadors.com or help@novacinema.com.
6. CHILDREN
6.1 Website content. Some of the content on our websites may be aimed at children. There are however no age barriers to those accessing our websites. Users under 18 should only use our websites with the permission of a parent or guardian.
6.2 Parental consent. If you are under the age of 18 you may only use our websites if your parent or guardian has given you permission to do so and if you are supervised by a parent or guardian.
6.3 Parents take note! If you have given your child permission to use our websites you are responsible for reading these Website Terms of Use and ensuring that you understand them. If you permit a child to access and view content on our websites, you are solely responsible for deciding whether or not that content is appropriate for that child. You will also be responsible for any purchases of tickets and/or other theatre-related products that may be made by the child via our websites.
7. WHAT ARE YOU PROHIBITED FROM DOING?
7.1 Your responsibilities. You may not use our websites:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that breaches these Website Terms of Use, or any other terms and conditions which apply to your use of our websites and of which you have been made aware;
(c) in any way that is fraudulent, or has a fraudulent purpose or effect;
(d) to submit to any one of our websites anything that is unlawful, defamatory, abusive or obscene, or violates any right of any third party, including copyright or other intellectual property right;
(e) to interfere or attempt to interfere with the proper working of our websites, or in a way that imposes an unreasonable or disproportionately large data load or content generation on our websites; or
(f) for the purpose of harming or attempting to harm minors in any way.
7.2 Breaching these Website Terms of Use. If you breach these Website Terms of Use in any way, we may take such action as we consider appropriate including terminating our contract with you and/or disabling or deleting your user account. In the event of a breach by you, you acknowledge that damages may not provide a sufficient remedy to us and consequently we may seek injunctive or other equitable relief for any breach of these Website Terms of Use.
8. CAN YOU LINK TO OUR WEBSITES?
8.1 How you link. You may link to our websites, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
8.2 What you cannot do. You must not:
(a) establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
(b) establish a link to any of our websites on any website that is not owned by you;
(c) frame one of our websites on any other website or create a link to any part of one of our websites other than the home page.
8.3 Withdrawing permission. We reserve the right to withdraw linking permission without notice.
8.4 Contacting us about our content. If you wish to make any use of content on our websites other than as set out above, please contact customercare@theambassadors.com or help@novacinema.com.
9. WHAT ABOUT THIRD PARTY LINKS AND RESOURCES ON OUR WEBSITES?
9.1 Third party links. Our websites may provide links to and from the websites of our affiliates, business partners, advertisers or other third parties. If you follow a link to any of these websites, you understand, acknowledge and agree that all access to and use of any such third party websites by you is at your own risk. A link to a third party website does not imply our endorsement of that site.
9.2 Control over links. We have no control over the contents of third party websites or resources and we do not accept any responsibility or liability for the content on those websites or in those resources.
10. WHAT ABOUT VIRUSES?
10.1 No guarantee. Whilst every effort is made to ensure the security of our websites and to ensure that they operate in a user friendly manner, we do not guarantee that our websites will be secure or free from bugs or viruses.
10.2 Your responsibility. You are responsible for configuring your devices, computer programmes and platform in order to access our websites and we encourage all users of our websites to use virus protection software.
10.3 What you cannot do. You must not:
(a) knowingly transmit any data, send or upload any material that contains (or may contain) viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any device, software or other hardware;
(b) attempt to gain unauthorised access to any of our websites, the server on which our websites are hosted or any server, computer, mobile device or database connected to our websites; or
(c) attack any of our websites via a denial-of-service attack or a distributed denial-of service attack.
10.4 Breach. By breaching the above restrictions, you may commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our websites will cease immediately.
11. WHAT ABOUT OUR INTELLECTUAL PROPERTY RIGHTS?
11.1 Our intellectual property rights. We are the owner or the licensee of all intellectual property rights in our websites (including the domain name www.novacinema.com) and the material posted on these websites. This material is protected by copyright or trade mark or other intellectual property laws and treaties around the world, and these rights are owned by us or by other parties that have licensed these rights to us. All such rights are reserved.
11.2 What you can do. You may print off one copy, and may download extracts, of any material(s) from our websites for your personal information and shopping purposes and you may draw the attention of others within your organisation to content posted on our websites.
11.3 What you may not do. You must not:
(a) modify the paper or digital copies of any materials you have printed off or downloaded in any way;
(b) use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
(c) distribute, publish, transmit or create derivative works from or exploit the content or materials (including illustrations, photographs, video or audio sequences or any graphics) on our websites; or
(d) use any part of the content on our websites for commercial purposes without obtaining a licence to do so from us or our licensors.
11.4 Our status. Our status (and that of any identified contributors) as the authors of content on our websites must always be acknowledged.
11.5 Breach. If you use any of the content on our websites in breach of these Website Terms of Use, your right to use our websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11.6 Indemnity. You agree to indemnify us for any loss that we suffer as a result of any and all unauthorised uses you make of any content or materials on any of our websites.
12. CAN YOU RELY ON INFORMATION ON OUR WEBSITES?
12.1 General information. The content on our websites is provided for general information only. It is not intended to amount to advice on which you should rely and we disclaim any liability and responsibility for such reliance. Please think carefully before you decide to register for an account with us or purchase tickets and/or other theatre-related products via our websites. Any decisions you make based on information contained on our websites are your sole responsibility.
12.2 No warranty. Although we make reasonable efforts to update the information on our websites, we make no representations, warranties or guarantees, whether express or implied, that the content on our websites is accurate, complete, up-to-date or free from errors or omissions.
13. HOW DO WE LIMIT OUR LIABILITY?
13.1 What we cannot do. Nothing in these Website Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
13.2 What we can do. To the extent permitted by applicable law, we exclude all conditions, warranties, representations or other terms which may apply to your use of our websites or any content on our websites, whether express or implied.
13.3 What we are not liable for. To the extent permitted by applicable law, we, together with our employees, officers, directors, shareholders and agents, will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, whether direct, indirect or consequential even if foreseeable, arising under or in connection with:
(a) the use, or inability to use, our websites;
(b) the performance, functioning or display of our websites;
(c) use of or reliance on any content or materials displayed on our websites, any websites linked to our websites or any materials posted on them;
(d) any acts, omissions and/or conduct of any third party users, advertisers and/or sponsors that display content or links on our websites;
including, without limitation, any liability for any loss of income or revenue, loss of business or business opportunity, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill or reputation and/or any other loss or damage of any kind.
13.4 Home use. Please note that we only provide our websites for personal, non-commercial use. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, mobile device, data or other proprietary material due to your use of our websites or to you downloading any content on our websites, or on any website linked to them.
13.5 Other limitations of liability. Different limitations and exclusions of liability will apply to liability arising as a result of the purchase by you of tickets and/or other theatre-related products, which will be set out in our Terms and Conditions of Sale.
14. WHICH LAW APPLIES TO THESE WEBSITE TERMS OF USE?
These Website Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any disputes arising under these Website Terms of Use. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
15. THIRD PARTIES
Nothing in these terms gives any third party any benefits under the Contracts (Rights of Third Parties) Act 1999. This does not affect any of your rights.
16. WAIVERS
No failure or delay by us in exercising any right or remedy under or in relation to these terms will operate as a waiver of the same.
17. SEVERANCE
If any one (or more) of the terms in these Website Terms of Use is held by a court to be invalid, void, unlawful or unenforceable, it shall not affect the enforceability of the remaining terms.