Terms and Conditions of Use
Effective November 12, 2020
Welcome! This service is owned and operated by Anschutz Entertainment Group, Inc. (the “AEG,” “us,” “our,” or “we”). These Terms and Conditions of Use ("Terms") set forth the terms and conditions under which you are authorized to use our “Digital Services,” which include:
any website where these Terms are posted, including any subdomains and mobile versions (the “Site(s)”);
Through your use of our Digital Services, you agree to these Terms. If you do not agree to these Terms, do not use our Digital Services.
Description of Service
Our Digital Services provide information about our events, concerts, and games, provide interactive experiences, help you engage with our event and venue services, and give users access to other services and content. To the extent new services, content, or features are added to our Digital Services in the future, your use of them will be subject to these Terms.
Our Digital Services may link to or integrate with third party services, such as ticketing companies, payment systems, sports leagues, event promoters, social media services, and technology service providers. These third-party services, sites, features, and content are not subject to these Terms.
You acknowledge and agree that we are not responsible for the availability, accuracy, or functionality of third-party content or services. You further acknowledge that your reliance on representations and warranties provided by any party other than AEG will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties. Your use of those third-party websites and services is subject to the third-party Terms and privacy policies applicable to each site or service, and we encourage you to review those Terms and privacy policies.
Modifications and Interruption to the Digital Services
We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
As a condition of your right to use our Digital Services, you represent that you are: (i) of legal age to enter into a binding contract; (ii) not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (iii) not listed on any U.S. Government list of prohibited or restricted parties; and (iv) not a person otherwise barred from accessing the Digital Services under the laws of the United States or any other country.
You may not, and you agree not to use the Digital Services (including without limitation posting or transmitting Content through the Digital Services) to:
Further, without our written consent, you may not:
Usernames, Passwords and Security
You are responsible for protecting and keeping confidential any username, password, and other account information you use in connection with our Digital Services. AEG is not liable for your failure to protect your account credentials, or for your use of an insecure password, or for any activity occurring under your account. You are responsible for updating and keeping current any account information, passwords, or any phone number, email address, or username/handle.
Copyright and Trademark Information
All content, copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by AEG or Our Group with all rights reserved. In some cases, such content may be licensed to AEG by third parties. This content is protected by the intellectual property rights of AEG or those owners. All content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with AEG or our Group.
Your Use of the Content
Any use of Content on the Digital Services, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of AEG, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of AEG. You may use the content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content. You may not make any use of content owned by any third parties which is available on the Digital Services, without the express consent of those third parties.
Any content uploaded, posted, submitted, or otherwise made available by individual users of the Digital Services, including without limitation blog comments, message board posts, and any other content which does not originate with AEG or Our Group ("User Content"), is the sole responsibility of the person who made such User Content available on the Digital Services. Under no circumstances will AEG or Our Group be liable in any way for any User Content made available through this Digital Services by you or any third party.
Since AEG does not control the User Content posted on the Digital Services, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Digital Services, you may encounter content that you may consider to be objectionable. AEG has no responsibility for any User Content, including without limitation any errors or omissions therein. The AEG Parties (defined below) are not liable for any loss or damage of any kind incurred as a result of any User Content on the Digital Services.
AEG reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Digital Services. You agree that the exercise by AEG of such discretion shall not convert or transform User Content to content owned, published, or provided by AEG, and the user who made such User Content available on the Digital Services will retain ownership thereof, with only a grant of limited license to AEG, as described below.
As required by California Law, we permit minors under the age of 18 to request the deletion of any content or information that the minor has posted on our Digital Services. To request the removal of content or information you have posted on our Digital Services, please send a letter or email to the address below with (i) your name, (ii) a complete description of the content you would like removed, and (iii) the web address(es) of the content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the content or information you have posted on our Digital Services.
License to User Content
You retain ownership of any User Content that you submit, post, embed, or make available through the Digital Services. AEG does not claim ownership of original works created and submitted by users of the Digital Services. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Digital Services, you are granting AEG, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
However, by submitting, posting or embedding, or making User Content available through the Digital Services, you grant us a worldwide, perpetual, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works, and distribute such User Content in any and all media or distribution channels now known or later developed, subject to the limitations or in accordance with any additional licenses set forth in any Customer agreement.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, title, or authority necessary to grant us the foregoing license in and to the User Content that you submit, post, display or otherwise make available through the Digital Services. You agree that such User Content will not contain material subject to any third-party copyright or other proprietary rights, unless you have obtained the right, title, license, consent, permission, title, or authority necessary to grant us the license described above.
Links to the Digital Services
You are hereby licensed to create hyperlinks to content on the Digital Services, provided that the hyperlink accurately describes the content to which it links. Except as otherwise authorized in writing by AEG, if you include links to our Digital Services on your website, when the link is clicked, the applicable page within our Digital Services must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable Digital Service, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by AEG. Under no circumstances may you "frame" all or any portion of the Digital Services or copy portions of the Digital Services to a server, except as part of an Internet service provider's incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.
If you believe that any Content on our Digital Services violates these Terms or is otherwise inappropriate, please report the Content by completing the Contact Us form on our Digital Services, or send an email to the email address in the “Contact Us” section below.
Notification of Claimed Copyright Infringement
In the event that you find Content posted on our Digital Services which you believe to be an infringement of your copyright ownership or other intellectual property rights, you are requested to immediately contact AEG’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"):
Please send your notice of alleged infringement to us:
AEG Corporate Headquarters
Attn: Copyright Agent
800 West Olympic Blvd., Suite 305
Los Angeles, CA 90015
E-mail: email@example.com, subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of AEG to terminate use of our Digital Services by repeat infringers in appropriate circumstances.
As part of using our Digital Services, you may participate in one or more texting programs administered by or on behalf of Company or its affiliates. By participating in such programs, you are agreeing to receive recurring autodialed marketing messages at the mobile number that you have provided at opt-in. Your consent to participate in any such program is not a condition of any purchase. Your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract, and you are solely responsible for all message and data charges that you incur. In all programs, you may text STOP to stop messaging for that program and HELP for help. If you no longer want to receive text messages from us, the sole and exclusive remedy is to end enrollment in the specific texting program by texting STOP. After texting STOP you will receive one additional message confirming that your request has been processed.
In the event that you change or deactivate your mobile number it is your responsibility to notify us by sending an email to firstname.lastname@example.org. We are not liable for any communication or transmission of information by text which happens because you did not report that your mobile number changed.
We reserve the right to alter message frequency at any time, i.e. we may change the frequency of texts that you receive under any program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out. We also may discontinue any of our text messaging programs without notice or liability to you and reserve the right to cease delivery of text messages to any person at any time in our sole discretion.
Our text messaging programs are offered on an "as is" basis and may not be available via all carriers. We do not guarantee the successful delivery of text messages by your wireless provider. Messages sent by text may not be delivered if the mobile device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient's equipment. We will not be liable for any losses or damages arising from (a) our text messaging programs, (b) non-delivery, delayed delivery, or misdirected delivery of a text message; (c) inaccurate or incomplete content in a text message; or (d) use or reliance on the content of any text message for any purpose. The wireless carriers are not liable for any delayed or undelivered text messages.
Permitted Use of Mobile Apps
Our Mobile Apps are protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the prior express written consent of AEG. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile App, or in any way compromise the security of data stored or transmitted by our Mobile App.
Mobile Devices & Third-Party Restrictions
If you access our Digital Services on mobile devices or in our Mobile App, you understand that your mobile carrier’s standard charges will apply. When you download our Mobile App, you will also be subject to any terms imposed by the “store” through which you obtain the Mobile App, if any (e.g. the Apple App Store or Google Play Store, or others).
Any Mobile App installed from the Apple App Store, Google Play Store, or other app “store” must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other store. The following terms are required by Apple and are applicable if you install our Mobile App from the Apple App Store:
Your license to the Mobile App is a non-transferable license to use the Mobile App Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Mobile App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Further, as between Apple and AEG, AEG—and not Apple—is responsible for:
Further, if you install our Mobile App from the Apple App Store, you acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and you will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, AEG, OUR GROUP, and ANY RELATED ENTITIES, SERVICE PROVIDERS, LICENSORS, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “AEG PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR DIGITAL SERVICES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. OUR DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE DIGITAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE AEG PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY DIGITAL SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE AEG PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY AEG PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE AEG PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1532 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
You agree to indemnify and hold the AEG Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of or relating to: (i) your posting of any Content or User Content on our Digital Services; (ii) your use of our Digital Services in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms; (iii) your infringement of a third party’s intellectual property or any other rights, regardless whether by you or another user of our Digital Services using your computer, mobile device, or account.
Providing Feedback to AEG
We welcome your comments and feedback about our Digital Services. All information and materials submitted to AEG through the Digital Services or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Digital Services or the business of AEG (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but AEG reserves the right to treat any such Feedback as the confidential information of AEG.
By submitting Feedback to AEG, you assign to the AEG Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The AEG Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
The following processes shall govern the arbitration process:
Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to email@example.com so stating.
Compliance with Laws
You assume all knowledge of applicable law, rules, and regulations, and you are responsible for compliance with any such laws. You may not use our Digital Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Changes to These Terms
We reserve the right, at any time, to modify, alter, or update these Terms without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Digital Services, or if later, the published effective date, each without further notice to you. Your continued use of any of our Digital Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.
Assignment - These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms are not assignable or transferable by you without the prior written consent of AEG. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition, or otherwise.
Integration - These Terms (including all of the policies described in these Terms, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
Waiver - No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
Severability - If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of AEG.
Limitation - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Digital Services or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Relationship - No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.
No Third Party Beneficiaries – Except with respect to the AEG Parties, or as otherwise expressly provided herein, there shall be no third-party beneficiaries to these Terms.
Force Majeure - AEG will not be liable for any failure or deficiency in the performance or availability of the Digital Services by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to AEG, fire, terrorism, natural disaster, pandemic, act of God, or war.
If you have any questions about these Terms, please feel free to please contact:
AEG Corporate Headquarters
800 West Olympic Blvd., Suite 305
Los Angeles, CA 90015
Notice for California Users
Under California Civil Code Section 1789.3, California users of our Sites are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Digital Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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