Terms and conditions
The following describes the terms and conditions upon which Odeon Entertainment offers access to its Web site to you the customer (hereinafter "you" or "user" or "customer") and the use of its services (hereinafter the "Agreement" or "User Agreement" or "Online Services Agreement").
This Agreement describes the terms, conditions and risks applicable to your use of our services available under the domain and sub-domains of Odeon Entertainment.com (the "Site" or "Web site"). If you have any questions regarding this Agreement please contact Customer Support
You must read, agree with and accept all of the terms and conditions contained in this User Agreement without modifications, which include those terms and conditions expressly set forth below and those incorporated by reference, before you may become a customer of Odeon Entertainment. By continuing to access or use the Web site, you agree to follow the Terms and Conditions of this Agreement as they may apply to you.
This Agreement is effective upon acceptance in registration for newly registering customers, or upon receipt of e-mail notification by other users. The Agreement is otherwise effective for all users as of March 31st, 2009.
If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services, and inform us in writing immediately.
By using our services you agree to be bound fully by all our terms and conditions. Odeon Entertainment may amend or revise this Agreement at any time by posting the amended terms on the Site and, by continuing to trade through the platform, you affirm that you agree to be bound by future revisions. Whenever such changes to the terms & conditions of this Web site are made, the Company will post such changes on the Web site.
All amended terms shall be effective 10 days after their initial posting on the Web site, or as of the first time that you use our services after such amendments were made, whichever is sooner.
If you do not agree to be bound by the changes to the terms and conditions of this Agreement, do not use or access our services, and inform us in writing immediately.
2. Online Services Agreement
This Online Services Agreement is made by and between Odeon Entertainment and you.
This Agreement applies to both the Odeon Entertainment site and the customers, as well as to the electronic content and or software currently contained on the Web site that supplies the customer with real time information about the musical events or other.
3. Membership Eligibility
Our services are available to and may only be used by individuals or companies who can form legally binding contracts under the law applicable to their country of residence. Without limiting the foregoing, our services are not available to persons under the age of 18 or otherwise under legal age ("minors"). If you are a minor, you may not use this service. IF YOU DO NOT QUALIFY, PLEASE DO NOT USE OUR SITE.
For avoidance of doubt, We wouldn’t be responsible for any unauthorized use by minors of our Services in any way or manner.
4. Legal Restrictions
Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your country of residency with regards to the use of the Web site. For avoidance of doubt, the ability to access our Web site does not necessarily mean that our Services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residency.
This Web site does not constitute, and may not be used for the purposes of, an offer and/or solicitation to anyone in any jurisdiction in which such offer and/or solicitation is not authorized, and/or to any person to whom it is unlawful to make such an offer and/or solicitation. Access to this Web site, and the offering of financial contracts via this site, may be restricted in certain jurisdictions, and, accordingly, users accessing this site are required to inform themselves of, and to observe, such restrictions.
You hereby declare that the money invested in your account with the Company do not originate from drug trafficking, abduction, or any other criminal or illegal activity.
5. Limited License
Odeon Entertainment grants you a non-exclusive, non-transferable and limited personal license to access and use its Web site (the "license"). This license is conditioned on your continued compliance with the terms and conditions of this Agreement.
You agree not to "deep-link" to the Web site, resell or permit access of the Web site to others, and not to copy any materials appearing on the Web site for resale or for any other purpose to others without the prior written consent of Odeon Entertainment.
For avoidance of doubt, you shall be responsible and bound by any unauthorized use of the site, made in breach of this section.
You agree to use the information received from the information systems of Odeon Entertainment for the sole purpose of executing transactions inside and within the Odeon Entertainment Web site.
You further agree not to use any electronic communication feature of a Service on the Site for any purpose that is unlawful, tortuous, abusive and intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
The license granted under this Agreement will terminate if Odeon Entertainment believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of this Agreement and all rules and guidelines for each service or Odeon Entertainment establishes that you have abused in any way (including but not limited to engaging in a transaction out of market rates) the Odeon Entertainment platform.
Upon such violation, you agree to cease accessing Services. You agree that Odeon Entertainment, at its sole discretion and with or without notice, may terminate your access to any or all Services, close your open transaction and remove and discard any information or content within a Service.
Unless otherwise indicated for a particular Service, any communications or material of any kind that you e-mail or otherwise transmit through the Services, including information, data, questions, comments or suggestions (your "Communications") will be treated as non-proprietary and non-confidential.
By accepting this Agreement you grant a license to Odeon Entertainment to use your Communications in any way it thinks fit, either on the Web site or elsewhere, with no liability or obligation to you. Odeon Entertainment is free to use any idea, concept, know-how or technique or information contained in your Communications for any purpose including, but not limited to, developing and marketing products.
Odeon Entertainment is entitled, but not obligated, to review or retain your Communications. EAFX may monitor your Communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the Web site, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Odeon Entertainment monitors your Communications. In no event will Odeon Entertainment be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of Odeon Entertainment's monitoring activities.
7. Obligations of Odeon Entertainment
Odeon Entertainment will supply you with the informational and technical means to use its Services in a twenty-four-hour mode of operation starting Sunday 22:00 GMT to Friday 21:00 GMT except on official holidays in the USA and Europe.
8. Registration Information and Requirements
When you register for the service, Odeon Entertainment will ask you to provide certain identifying information ("Registration").
9. Indemnity and right of set-off
The customer hereby agrees to indemnify and hold harmless Odeon Entertainment, its directors, officers, employees or agents from and in respect of any loss, damage, liability, cost or expense that it may suffer or incur by reason of the Customer failing to discharge its obligations under or acting in breach of any of the terms and conditions herein contained or as a result of any breach of any applicable laws or regulations.
10. Limitation of Liability
IN NO EVENT SHALL Odeon Entertainment, ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EXCEPT AS STATED IN THIS AGREEMENT.
11. Use & Access to the Site
You shall be responsible for providing and maintaining the means by which to access the Web site, which may include, but is not limited to, a personal computer, modem and telephone or other access line.
You shall be responsible for all access and service fees necessary to connect to the Web site and assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer or on any other computer through which you will gain access to the Web site and the services (hereinafter referred to as "computer" or "your computer").
You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
You agree that Odeon Entertainment will not be liable in any way to you in the event of failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
You will not transmit to or in any way, whether directly or indirectly, expose Odeon Entertainment or any of Odeon Entertainment's online service providers to any computer virus or other similarly harmful or inappropriate material or device.
12. Force Majeure
You agree that Odeon Entertainment will not be liable in any way to you or to any other person in the event of force majeure, or for the act of any Government or legal authority, or for the failure of or damage or destruction to its computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
The parties shall be released of all responsibilities for partial, full or non-fulfillment, as well as for improper fulfillment of the obligations under this Agreement, if such non-fulfillment or improper fulfillment was a result of extraordinary events, which occurred after this Agreement was concluded and which the party could not either foresee or prevent (natural calamities, wars, armed conflicts etc.).
13. Technical Problems
You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the Web site.
Odeon Entertainment shall not be liable, and you agree not to hold or seek to hold Odeon Entertainment or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
Odeon Entertainment does not represent, warrant or guarantee that you will be able to access or use the Web site at times or locations of your choosing, or that EAFX will have adequate capacity for the Web site as a whole or in any geographic location.
EAFX does not represent, warrant or guarantee that the Web site will provide uninterrupted and error-free service. EAFX does not make any warranties or guarantees with respect to the Web site and its content, including but not limited to, warranties for merchantability or fitness for a particular purpose.
Without limiting the foregoing EAFX will not be responsible for an impossibility to execute orders and requirements due to failures in the operation of informational systems caused by technical faults, which are beyond its control.
Odeon Entertainment may provide a link to other sites that are controlled or offered by third parties. Such link to a site or sites is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers.
Odeon Entertainment cautions you to ensure that you understand the risks involved in using such sites before retrieving, using, relying upon or purchasing anything via the Internet.
Links to these Web sites are provided solely for your convenience, and you agree that under no circumstances will you hold Odeon Entertainment liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
15. Trademarks and Copyrights
All content, trademarks, services marks, trade names, logos and icons are the property of Odeon Entertainment or its affiliates or agents and are protected by copyright laws and international treaties and provisions.
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Web site. You will not obtain any intellectual property rights in, or any right or license to use such materials or the Web site, other than as set out in this Agreement.
Images displayed on the Web site are either the property of Odeon Entertainment or used with permission. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of EAFX.
Nothing contained on the Web site shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of Odeon Entertainment and/or such third party that may own the trademarks. Your use of the trademarks, or any other content of the Web site, except as provided herein, is strictly prohibited.
Strictly for privacy reasons, Odeon Entertainment directors, employees and contractors reserve the right to use aliases in their external communications with clients and vendors. Use of an alias does not invalidate the content of documents or communications to which the alias is attached.
17. Deposits and withdrawals
Withdrawal orders: The provision of documentation or any other type of Client authentication as may be required from time to time by Anti Money Laundering (AML) regulations, Credit Card companies and Odeon Entertainment, is a prerequisite, prior to the execution of a withdrawal order.
Credit card deposits may be, according to credit card companies' regulations, returned to same credit card when a withdrawal is performed. Any credit card deposits made within a 6 month period should be withdrawn back to the card up to the deposit amount before refunding to any other method, even if other methods were used for funding. Once all deposits from the credit card payment (s) are fully refunded, you will then be able to withdraw to any other payment method of your choosing.
Credit Card Deposits Variance: When choosing an account base currency other than USD, your credit card may be debited sums which due to exchange rates and credit card companies' fees, may slightly vary from the initial sum that has been deposited by you in the account base currency. You hereby accept that such variations may occur and you hereby affirm that you shall not seek to object or charge this back. Note that when Using USD as account base currency this phenomena will be avoided.
Wire Transfers: When depositing by a Bank Transfer, as required by anti-money-laundering regulations, you are required to use only one bank account, which is in your country of residence and in your name. An authentic SWIFT confirmation or Transfer Confirmation, showing the origin of the funds, must be sent to Odeon Entertainment. Failure to submit such SWIFT/Confirmation may result in the return of the deposited amount, hence preventing the deposit of such pending amounts to your Odeon Entertainment account.
Alternative payment methods (e-wallets; money transfer services; internet payment vendors; etc.): when depositing funds using a facility other than Credit Cards and/or Banks, you agree to, and acknowledge being bound by, the regulations and rules of such service, including, but not limited to, fees and other restrictions.
Odeon Entertainment may exercise full discretion in modifying or discontinuing any part or whole of this Agreement at any time without cause or prior notice.