1. General
1.1 These Terms and Conditions form part of the contract between Major League Cricket LLC, 3130 20th St Ste 311, 94110 San Francisco, US (hereinafter "Organizer") and the purchaser (hereinafter "End Customer") of access rights, participation rights, admission rights, visitation rights or reservations and coupons for the foregoing or similar or related rights (hereinafter "Tickets") or other products or services (such as merchandise) (together “Offers”), which the Organizer may provide using technology platforms, software and services operated by vivenu. “End Customer,” as that term is used herein, includes also individuals and legal entities who have not purchased Tickets or other Offers directly from the Organizer, but are entitled to participate in an event (such as through resale of Tickets, where permitted).
1.2 All communication with the Organizer regarding Tickets and Offers should be addressed to: Major League Cricket LLC, 3130 20th St Ste 311, 94110 San Francisco, US
1.3 The Organizer hereby informs the End Customer that vivenu GmbH (hereinafter "vivenu") together with its affiliated companies, is a provider of technology platforms, software and services (hereinafter "vivenu Services"), which are used by the Organizer to sell Tickets and provide Offers for artistic, cultural, athletic or other events, theater plays, concerts, meetings, seminars, leisure and other events, museums, historic sites, cinematic exhibitions, operas, lectures, conferences, continuing educational events, educational courses and other events and performances (whether physical or virtual) (hereinafter, each an "Event") and to sell Tickets, market other offers and process transactions related to Events to End Customers. vivenu is a technology platform provider to the Organizer under license. vivenu is not a ticket broker and is not the organizer of any Event.
2. Contract
2.1 There is no contract between vivenu and the End Customer. Upon the successful completion of a purchase transaction between the Organizer and the End Customer using the vivenu Services, a contract will exist between the Organizer and the End Customer only, notwithstanding the fact that Tickets or Offers may contain statements such as "powered by vivenu" or similar designations, and notwithstanding that the Organizer advertises, offers and/or distributes the Tickets or Offers via the domains and sub-domains of vivenu (e.g., vivenu.com). No purchase, services or other agreement is concluded between the End Customer and vivenu.
2.2 The End Customer acknowledges that the Organizer may make the sale of Tickets and other Offers subject to the acceptance of further conditions, data protection declarations, instructions for cancellation and other contractual components by the End Customer and other restrictions (such as maximum number of Tickets for an Event). The Organizer or vivenu (on behalf of the Organizer) shall be entitled to refuse or reject the conclusion of purchase transactions with the End Customer for any legal reason.
2.3 The End Customer acknowledges that the total purchase price of Tickets and Offers shall be determined or modified solely by the Organizer or third parties who sell to or through the Organizer. The total purchase price may exceed the ticket price indicated on a Ticket or in the Organizer’s ticket storefront. The calculation of the total purchase price shall be based on the indicated ticket price with the addition of any markup, fees, surcharges and taxes. The End Customer shall be notified of the total purchase price to be paid by the End Customer before the completion of the purchase transaction. Payment of the total purchase price can only be made by the payment methods provided by the Organizer or vivenu (on behalf of the Organizer).
2.4 The contract between the Organizer and the End Customer for the purchase and sale of Tickets or Offers shall deemed completed only when the Organizer or vivenu (on behalf of the Organizer) has confirmed the transaction with the End Customer (e.g., by providing the transaction confirmation or by the assignment and subsequent transfer of a Ticket with the corresponding ticket ID). The completion of the ordering process, without such confirmation, such does not constitute a binding contract and does not entitle the End Customer to participate in an Event.
2.5 If Ticket quotas (both the total quota for the Event and the quotas of individual categories of Tickets) have been exceeded due to technical issues, the Organizer or vivenu (on behalf of the Organizer) shall notify the End Customer. The Organizer or vivenu (on behalf of the Organizer) may revoke the corresponding Tickets with repayment of the corresponding total purchase price.
3. Form of Tickets
3.1 Unless otherwise agreed by the End Customer and the Organizer or vivenu (on behalf of the Organizer), the End Customer will receive an automated email message from vivenu (on behalf of the Organizer) to confirm the order and an additional email message with a link to the Tickets purchased for the corresponding Event. The form of the Tickets provided will depend on the method of admission entry utilized by the Organizer for a particular Event and will be communicated to the End Customer (such as by downloading and printing the Ticket, digital wallet or other options). To participate in an Event, the Ticket must be presented in the form provided. Presentation of the email for the order confirmation alone (without providing the Ticket in the correct form) does not entitle the End Customer to participate in an Event.
3.2 If the Organizer provides such option, the End Customer has the ability to order Tickets in printed form and shipped to the End Customer for an additional fee (hereinafter "Printed Tickets").
3.3 The End Customer is required to verify that the purchased Tickets are correct in terms of quantity, price, date, event, venue and other essential details. Any complaint about incorrect Tickets must be reported to the Organizer or vivenu (on behalf of the Organizer) promptly after the purchase, and in no event later than five business days following the End Customer’s becoming aware of the issue that is the subject of the complaint.
3.4 The transfer of ownership of Tickets or related rights to the End Customer shall only occur upon the full payment of the total purchase price and the settlement of all outstanding claims for payment from the End Customer to the Organizer.
3.5 The End Customer must provide truthful, complete and correct information as part of the purchase transaction. The Organizer or vivenu (on behalf of the Organizer) shall be authorized to verify the information provided by the End Customer using appropriate legal means (such as credit reports when properly authorized).
4. Rights and Obligations
4.1 The Organizer or vivenu (on behalf of the Organizer) shall communicate all relevant requirements regarding an Event, Tickets or other Offer (such as the scope or content, place, time, organizer, price, fees and taxes, requirements and restrictions on participation, access controls, form of Tickets to be presented, accessibility, venue plan, house rules and other codes of conduct for the respective venue and other restrictions or essential information that could reasonably affect the End Customer’s decision to purchase).
4.2 The End Customer hereby acknowledges and agrees to such requirements, which are part of the contract between the Organizer and the End Customer.
4.3 It is the sole responsibility of the End Customer to verify his or her capability and/or willingness to meet the requirements communicated by the Organizer. The Organizer may refuse or terminate the participation of an End Customer in an Event upon non-compliance with such requirements.
4.4 If the Organizer or vivenu (on behalf of the Organizer) reasonably suspects abuse or legal violations (including legal violations of these General Terms and Conditions or other applicable terms of the contract between the Organizer and the End Customer), such as through fraudulent, illegal or breach of disloyal activities or of corresponding circumvention or attempts to circumvent such provisions and conditions, the Organizer or vivenu (on behalf of the Organizer) may revoke the validity of a Ticket without compensation before or during an Event and deny the End Customer the right to participate in an Event or remove the End Customer from the Event.
4.5 If Tickets are damaged, lost or stolen, the End Customer must notify the Organizer and vivenu without delay. If the End Customer loses a Ticket, the Organizer or vivenu shall not be obligated to provide a replacement.
4.6 Unless otherwise agreed, the validity of a Ticket shall be restricted to the respective Event (in particular, in terms of time and place) and, if necessary, the respective seat or seat unit or the corresponding ticket category. The Ticket shall become invalid once the Event has ended.
4.7 The End Customer acknowledges that vivenu has no obligation to instruct, verify or supervise the Organizer regarding its obligations to End Customers for Tickets, Events and other Offers made by the Organizer, which are offered and processed via vivenu Services. The Organizer is solely responsible for the communication, publications and information, and vivenu does not bear responsibility in that regard. vivenu has no obligation to instruct, audit or supervise the Organizer in relation to its obligations towards End Customers. Further, vivenu has no obligation to check the timeliness, correctness or completeness of the Organizer’s published communication and information. This applies even if employees of vivenu act on behalf of the Organizer or if the Organizer uses contractual documents and templates provided by vivenu.
4.8 Furthermore, the End Customer acknowledges that vivenu does not guarantee uninterrupted accessibility and usability of the vivenu Services. vivenu does not bear any liability for delays or errors in the transmission, storage failures and associated limitations of the vivenu Services. During maintenance work there may be temporary disruptions of the web site and/or individual vivenu Services.
5. Transfer of Tickets
5.1 Except as expressly set out in these Terms and Conditions (in particular, paragraph 5.2 below), Tickets cannot be exchanged or transferred. An End Consumer may purchase Tickets for their own personal use and/or that of their guests, but may not purchase any Ticket as an agent for another person or with the intention of re-selling them above face value or for any commercial gain. Ticket Purchasers shall not (and shall procure that each of their guests shall not) sell, offer for sale, auction by any means, re-sell or (save as expressly set out in these Terms and Conditions) transfer a Ticket without the prior written approval of the Organizer. All End Consumers are responsible for ensuring that their guests fully understand these restrictions.
5.2. Any Ticket may be transferred following the original purchase of such Ticket by the End Consumer, provided in the case of each transfer that:
5.2.1 the guest is known to the End Customer personally;
5.2.2 it is for such guest’s personal use only;
5.2.3 such guest would be entitled (under these Terms and Conditions) to purchase such Ticket and/or attend such Match;
5.2.4 the sale or transfer takes place in consideration of no payment or benefit which is in excess of the face value of that Ticket;
5.2.5 the sale or transfer does not take place during the course of any business or for the purpose of facilitating any third party’s business; and
5.2.6 the End Customer shall be responsible for the conduct of their guests and their compliance with these Terms and Conditions.
5.3 Tickets shall not, without the prior written permission of the Organizer be used for any promotion, advertising, fundraising, auction, raffle or any other similar commercial or non-commercial purposes; used as a prize (or part of a prize) in any contest, competition, (promotional) game of chance, lottery or sweepstake; combined with and sold or transferred as part of any package of goods or services or otherwise used to enhance the demand for any other goods or services; combined with and sold or transferred as part of any travel, accommodation, entertainment or hospitality package; offered or transferred, used or otherwise disposed of in the course of any business for the purpose of facilitating a third party’s business or otherwise commercial gain.
5.4 Any Ticket acquired, obtained and/or used in breach of these Terms and Conditions shall be null and void. The Organizer shall be entitled to confiscate, require the immediate return of, cancel and/or invalidate any Ticket(s) which are offered for sale, transferred, acquired or otherwise used in contravention of these Terms and Conditions and no refund shall be given.
5.5 The Organizer (or any of its employees or agents) may request photographic proof of identity of the End Consumer before allowing entry into the Venue as well as proof of purchase as to how, from whom and from where the Tickets have been obtained. If an End Customer is unable to provide evidence to the Organizer’s reasonable satisfaction, the Organizer may in its absolute discretion cancel the Ticket(s) immediately and the End Consumer may be refused admission to and/or removed from the relevant Event without compensation or refund.
5.6 To re-assign/personalize Tickets or any related identification information, please contact the Organizer. A processing fee may apply to this service.
6. Revocation, Cancellation, Refund, Return and Exchange of Tickets
6.1 ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. There are no rights of revocation, return, cancellation or exchange of Tickets for Events, except were otherwise provided by applicable law, or permitted in the sole discretion of the Organizer. Subject to the foregoing, any purchase of Tickets is binding immediately upon completion of the purchase transaction (i.e., confirmation from the Organizer that the purchase has been completed) and cannot be cancelled.
6.2 THE SOLE AND EXCLUSIVE REMEDY if admission to the Venue is refused or revoked without cause, stadium capacity limits result in Ticket cancellation, or the Match is cancelled and not rescheduled for any reason, is a refund of up to the ticket’s face value as set by the Organizer. Otherwise, a refund of up to the face value of the ticket shall only be issued if:
6.2.1 less than six (6) overs are completed during the entire Match and no result is recorded for the Match; or
6.2.2 the End Consumer is entitled to a refund under applicable law.
Please note: For purposes of 6.2.1 of these Terms and Conditions, the question of whether a “result” has been recorded will be determined having regard to the Laws of Cricket (as in force at the relevant time). Where a ticket grants access to multiple Matches in one day, a refund will only be payable where paragraph 6.2 above applies to all the Matches played on that day.
6.3 For the avoidance of doubt, no refund will be payable where the start time for any Match is moved or otherwise delayed but the Match takes place on the date originally scheduled. Organizer shall in no way be required to refund any fees or charges paid in addition to the face value and no interest or other costs will be payable in respect of any monies refunded.
6.4 Organizer reserves the right to make alterations to the time, date and Venue of any Match at Organizer’s sole discretion. No such change shall entitle End Customer to a refund or remedy if End Customer cannot attend the rescheduled Match or for any other reason. End Customer may also be relocated to a different seating area or seating number to that referred to on a Ticket in the Organizer's sole discretion and no such relocation shall entitle End Customer to a refund or other remedy if End Customer is relocated to a location of comparable face value.
6.5 The End Customer is not guaranteed an uninterrupted and/or uninhibited view of any Match from the position provided, nor is any representation given as to the quality, content or duration of any Match. The End Customer acknowledges and accepts that the Organizer does not guarantee protection from the weather and elements from their seat.
6.6 vivenu shall process the exchange or refund on behalf of the Organizer. The refund will be made to the End Customer using a payment method selected by vivenu (on behalf of the Organizer).
7. Liability
7.1 Except where otherwise provided by nonwaivable provisions of applicable law (e.g. in cases of breach of material contractual obligations, injury to life, body or health), the Organizer shall be liable only for intentional misconduct and gross negligence. Except where otherwise provided by nonwaivable provisions of applicable law, liability fora slightly negligent breach of material contractual obligations shall be limited in amount to the transaction value related to the transaction giving rise to the liability. Subject to the foregoing limitations, the Organizer shall not be liable for damages due to force majeure or violations of obligations by third parties.
7.2 To the extent that the Organizer’s liability is excluded or limited herein, the foregoing limitation of liability shall also apply to the personal liability of the Organizer’s legal representatives and agents as well as any representatives acting for the Organizer with regard to the End Customer, including without limitation vivenu and its affiliates, each of which representatives and agents is an intended third party beneficiary of the contract between the Organizer and the End Customer, with the power to enforce the contract as if a party hereto.
7.3 The End Customer hereby acknowledges and agrees that: Except as provided to the contrary by nonwaivable provisions of applicable law, vivenu shall have no liability to the End Customer when acting on behalf of the Organizer as an agent or otherwise. vivenu shall not be liable for damages caused by force majeure or breach of duty by third parties.
7.4 To the extent that vivenu’s liability is excluded or limited, this disclaimer or limitation of liability shall also apply to the personal liability of vivenu's legal representatives and vicarious agents as well as any representatives acting for vivenu with regard to the End Customer. Not in limitation of the foregoing, vivenu shall not be liable for damages resulting from an Event’s failure, cancellation, modification, relocation or defect or the Organizer’s insolvency or loss or delayed arrival or defects in Printed Tickets as well as limitations in vivenu Services.
8. Miscellaneous Provisions
8.1 These General Terms and Conditions shall take precedence over any provisions to the contrary in the contractual relationship between the Organizer and the End Customer.
8.2 The laws of the state of the incorporation of the Organizer shall apply, and the United Nations Convention on the International Sale of Goods (hereinafter “CISG”) shall not apply. This shall not affect statutory provisions restricting the choice of law and the applicability of mandatory provisions.
8.3 Insofar as the End Customer is not a Consumer, the exclusive place of jurisdiction for all disputes between (i) the End Customer and the Organizer shall be the registered office of the Organizer and (ii) between the End Customer and vivenu shall be Düsseldorf, Germany.
8.4 The End Customer shall be deemed to be a “Consumer” insofar as the purpose of the ordered deliveries and services is not attributed to his commercial or self-employed professional activity. Any natural person or legal entity as well as partnership with legal capacity acting in its commercial or self-employed professional activity when concluding the contract shall not be deemed a Consumer. Furthermore, the End Customer shall not be deemed a Consumer when purchasing services in connection with leisure activities if the contract provides for a specific date or period of time for the provision.
8.5 The following clauses apply to End Customers with their registered office, place of residence in the European Union:
8.5.1 The End Customer warrants that he has full legal capacity or the necessary powers of representation to conclude this contract.
8.5.2 The European Commission provides an internet platform for online dispute resolution at https://ec.europa.eu/consumers/odr(opens in a new tab). The Organizer and vivenu are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
8.6 The following clauses apply to End Customers with their registered office, place of residence in the United States:
8.6.1 For any proceeding in the United States, the Parties hereby irrevocably waive the right to trial by jury.
8.6.2 BY ACCESSING ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR BY USING THE VIVENU SERVICES, YOU AFFIRM THAT YOU ARE A RESIDENT OR CITIZEN OF THE UNITED STATES, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR MAKE USE OF THE SERVICE, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE SITE, MOBILE APPLICATION, AND/OR SERVICE, AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.
8.6.3 EXCEPT AS PROVIDED TO THE CONTRARY IN THE CONTRACT, VIVENU PROVIDES ITS SERVICES "AS IS" AND "AS AVAILABLE" TO THE ORGANIZER, AND NO CONTRACTUAL RELATIONSHIP EXISTS BETWEEN VIVENU AND THE END CUSTOMER. TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, ORGANIZER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THE END CUSTOMER ACKNOWLEDGES THAT THE ORGANIZER AND VIVENU DO NOT GUARANTEE THAT THE VIVENU SERVICES WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THEY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE ORGANIZER AND VIVENU ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND THE END CUSTOMER HEREBY RELEASES THE ORGANIZER AND ITS AGENTS, INCLUDING WITHOUT LIMITATION VIVENU, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THAT THE END CUSTOMER HAS AGAINST ANY SUCH THIRD PARTIES. IF THE END CUSTOMER IS CALIFORNIA DOMICILED.
8.6.4 THE END CUSTOMER WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
8.7 If any of the preceding provisions are, or become, ineffective or unenforceable in whole or in part, such condition shall not affect the validity of the remaining provisions. The same shall apply if and to the extent that a gap or ambiguity exists, and an appropriate provision that comes closest to that which the Organizer and the End Customer would have wanted economically shall replace the affected provision, if they had considered that gap or ambiguity.
9. Additional Provisions of the Organizer
The following additional provisions of the Organizer shall apply:
9.1 Entry Requirements
9.1.1 Admission to the Venue will only be authorised on presentation of a valid Ticket in electronic from as provided. One Ticket will be required for each person entering the Venue. Ticket Holders who are minors must be accompanied by a Ticket Holder aged eighteen (18) years or above who shall be responsible for them and their compliance with these Terms and Conditions.
9.1.2 Each Ticket Holder may be required at any time whilst at the relevant Match to produce a ticket for inspection by or on behalf of the Organizer.
9.1.3 No person who is subject to a life ban imposed and/or recognised by the ICC, USA Cricket or any other ICC Member as a result of a breach of any applicable ICC, USA Cricket or other ICC Member rules, regulations, codes or directives shall be permitted to enter the Venue and any such person found within the Venue on the day of the Match shall be liable to immediate removal from the Venue.
9.1.4 The Organizer reserves the right, without refund or other recourse, to refuse admission to any person and/or if necessary, to eject a Ticket Holder from the Venue after they have entered into the Venue in each case if they are found to be in breach of these Terms and Conditions.
9.2 Media and Recording
9.2.1 The use of any cameras or mobile devices or any electronic equipment, for the recording, transmission or communication of Match footage, details, statistics, images (on any platforms including but not limited to websites and social media) etc., is not permitted other than with the proper accreditation.
9.2.2 Ticket Holder agrees not to create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity) (1) in any form, any description or account (whether text, data or visual, and including play-by-play data) of the Match or related events (collectively, "Descriptive Data") for any commercial or non-personal, purpose; (2) any images, videos, audio or other form of display or public performance or reproduction of any portion of the Match or related events ("Works") for any commercial or non-personal purpose; or (3) livestreams of any portion of the Match or related events ("Livestreams").
9.2.3 Ticket Holder agrees that by causing their ticket to be scanned upon entry, Ticket Holder shall be deemed to have consented to the recording of the his/her image, likeness and/or voice by any means (including but not limited to video, audio and visual recordings by television cameras and photographers).
9.2.4 Ticket Holder agrees further that by causing their ticket to be scanned upon entry, Ticket Holder shall be deemed to have signed the ticket and granted to the Organizer an exclusive worldwide, irrevocable, perpetual, sub licensable, royalty-free license to all rights associated with any Works, Livestreams, and Descriptive Data. Ticket Holder grants irrevocable permission to the Organizer and their respective sponsors, licensees, advertisers, broadcasters, designees, partners and agents to use, publish, distribute, and/or alter Ticket Holder's image, likeness, voice, actions and statements in any medium including audio, video, or images of the Match for any purpose without further authorization or compensation, and waives all claims and potential claims relating to such use unless prohibited by law.
9.3 Health, Safety and Security
9.3.1 Each Ticket Holder must comply with all health, safety and security rules, status checks, requirements, codes of conduct and protocols which may be in place from time to time at a Venue, including (without limitation) in relation to fan conduct, security checks, bag policies and COVID-19 (and any variations thereof) and any other public health emergency.
9.3.2 Ticket Holder and Ticket Holder's belongings may be searched or assessed. Prohibited Items may be confiscated. Ticket Holder consents to such searches and assessments and waives all related claims. If Ticket Holder does not consent, Ticket Holder acknowledges the Organizer has the right to deny or revoke Ticket Holder's admission without refund. Organizer reserves the right to deny or revoke the admission of person who it determines, in its sole discretion, poses a risk to the health or safety of other attendees or whose conduct violates these Terms and Conditions, any of the Organizer’s policies, or is otherwise disorderly (or complicit therein) without refund.
9.3.3 Ticket Holder agrees, on behalf of Ticket Holder and anyone for whom Ticket Holder obtains a ticket, that Ticket Holder and each such individual has, prior to attending any Match, observed all precautions as stipulated in any applicable federal and local guidance’s regarding COVID-19 and will not attend the Match if prohibited from doing so in terms of any applicable federal or local travel or quarantine advisory due to COVID-19.
9.4 Code of Conduct
9.4.1 For the enjoyment and safety of all, the following behaviors are prohibited under these Terms and Conditions ("Code of Conduct")
- Interfering with others' enjoyment of the game
- Foul or abusive language or obscene gestures
- Intoxication or other signs of impairment related to alcohol consumption
- Fighting, taunting, or threatening remarks or gestures
- Sitting in a location other than your ticketed seat
- Displays of affection inappropriate in a public setting
- Obscene or indecent messages or signs or clothing
- Clothing that is inappropriate or offensive
- Any disruption to the progress of the event by the Ticket Holder’s actions
- Failing to follow the instructions of Venue/Organizer personnel or law enforcement
- Smoking in the stands, concourse, or other non-designated areas
- Standing for extended periods of time. Please refrain from behavior detracting from the enjoyment of fellow fans. Spontaneous reactions to exciting plays are expected and encouraged, but your continued standing while other guest are sitting is not permitted.
- Other behavior and conduct deemed objectionable by venue/Organizer personnel
9.4.2 Further, it shall be a breach of the Code of Conduct for any Ticket Holder to engage in any conduct (whether through the use of language, gestures or otherwise) which is likely to offend, insult, humiliate, intimidate, threaten, disparage or vilify any other person (including players, match officials or spectators) on the basis of their race, religion, culture, color, descent, nationality, ethnic origin, sex, gender, sexual orientation, disability, marital status and/or maternity status. Such action will not be tolerated and is likely to result in ejection from the Venue, the imposition of other sanctions, such as being banned from the Venue in the future and possible further action including criminal prosecution.
9.4.3 On match days, all Ticket Holders are encouraged to report any violation of the Code of Conduct contained in these Terms and Conditions. Ticket Holders can report such incidents by informing an usher, police officer, security personnel or any member of the stadium services staff.
9.4.4 Any Ticket Holder who violates this Code of Conduct will be subject to ejection and possible arrest.
9.5 Betting Prohibition: The collection and/or transmission and/or production and/or dissemination of any information or data regarding Match developments, conduct or any other factor in any game, or any kind of recording of any audio, video or audio-visual material in any game (whether by use of electronic devices or otherwise) for the purposes of any form of betting, gambling or commercial activities that have not been authorised in advance or for any other purposes that violate these Terms and Conditions, is strictly forbidden at the Venue, except where authorisation or permission is expressly granted by the Organizer. Mobile phones may only be used for personal, private use. In the event of a breach of these Terms and Conditions, visitors may be refused access to or removed from the Venue.
9.6 No Drones: The use of unmanned aircraft systems and other remotely controlled aircraft or ground vehicles is also strictly prohibited.
9.7 Anti Ambush Marking: The Ticket Holder shall not engage in any form of "Ambush Marketing" and shall not conduct any activity that conflicts with or infringes the rights of any official sponsor or commercial partner who has been granted the rights in relation to the Match. The Ticket Holder shall not use, copy or otherwise deal with any of the symbols, trademarks, logos, and/or other intellectual property appearing on this ticket.
9.8 Entire Agreement: These Terms and Conditions (and all documents incorporated into these Terms and Conditions by reference) constitute the entire agreement between the parties and no party shall have any claim or remedy in respect of any statement, representation, warranty or undertaking, made by or on behalf of any other party in relation to these Terms and Conditions which is not already set out in these Terms and Conditions.
9.9 Privacy Policy: The Organizer shall use all personal data provided by an End Consumer (including information provided about Ticket Holders pursuant to these Terms and Conditions) in accordance with their consents, applicable law, and the Organizer’s privacy notice available at https://www.majorleaguecricket.com/privacypolicy
9.10 Intellectual Property: A Ticket Holder’s purchase and/or possession of a Ticket for a Match does not confer any rights (by implication or otherwise) on them to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket.
9.11 RISKS, WAIVER AND INDEMNITY
9.11.1 TICKET HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS incident to attending the Match, Venue and related events(including, without limitation, any interactive activities such as mid-innings events or fan engagement activities conducted during a Match or at the Venue, and whether the Tickert Holder is a specitaor or particpant in such events), whether or not specifically described in these Terms and Conditions, including (but not limited to) the following:
9.11.1.1 The risk of injury (including death, broken bones or joint or limb injury, blackout or fainting, burns, sunburns, cuts and abrasions, among other things), as a result of (but not limited to): (i) collision with a cricket ball, person or other fixed or moving objects; (ii) falling on the stairs, escalators, chairs or floors of the Venue because they are wet or damaged or have trash lying on them; (iii) the failure or unsuitability of facilities at the Venue (including grand-stands, fences and guard rails); (iv) being exposed to the sun, rain, wind or storm without any protection from the elements; (v) acts of violence and other harmful acts (whether intentional or inadvertent) committed by persons attending the Venue or a Match; and (vi) being exposed to bright and flashing lights, fireworks and loud noises;
9.11.1.2 Exposure to communicable diseases, viruses, bacteria or illnesses or the causes thereof. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE ARE PRESENT. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. ACCORDING TO THE CDC, SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. BY ENTERING THE VENUE, TICKET HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19.
9.11.1.3 Lost, stolen or damaged property, whether occurring before, during, or after the Match, however caused.
9.11.2 RELEASE, WAIVER & COVENANT NOT TO SUE:
9.11.2.1 Ticket Holder acknowledges that the risks, hazards and dangers incident to attending the Venue and a Match, as described above, may cause the Ticket Holder personal injury, death or property damage as a result of which Ticket Holder may suffer loss of income (salary, wages, etc), financial loss or other forms of economic loss. Ticket Holder agrees that he/she is solely responsible for any of these losses without being able to make or seek any recovery from any Released Parties. Ticket Holder releases and indemnifies all Released Parties for any loss of income (salary, wages, etc), financial loss or other forms of economic loss suffered or incurred.
9.11.2.2 On behalf of Ticket Holder and Ticket Holder's Related Persons, Ticket Holder releases and covenants not to sue each of the Released Parties with respect to any and all claims that Ticket Holder or any of Ticket Holder's Related Persons may have or hereafter accrue, against any of the Released Parties, that relate to any of the risks, hazards and dangers described above, including without limitation any and all claims that arise out of or relate in any way to Ticket Holder's (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Match (including all risks related thereto, including without limitation in parking areas or entry gates) or compliance with any protocols applicable to the Match; or (iii) interaction with any personnel of any of the Released Parties at the Match, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.
9.11.2.3 Ticket Holder shall be responsible for any damage caused by Ticket Holder to anybody else, any damaged caused to Ticket Holder’s property or any damage to someone else’s property – and agrees to indemnify Released Parties in respect of any liability or claim in relation to or arising out of such damage.
9.11.2.4 Each Ticket Holder shall be responsible for (and shall make good) any loss, injury or damage suffered or incurred by the Organizer and/or the Venue (including any of their respective employees, directors, officers or volunteers) as a direct consequence of a breach by the Ticket Holder of any of these Terms and Conditions.
9.12 DISPUTE RESOLUTION: NOTHWITHSTANDING ANYTHING TO THE CONTRARY STATED HEREIN, ANY DISPUTE OR CLAIM IN ANY WAY RELATED TO THESE TERMS AND CONDITIONS, THE TICKET OR THE MATCH SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, BINDING ARBITRATION BEFORE JAMS IN CALIFORNIA PURSUANT TO ITS STREAMLINED RULES AND APPLYING DELAWARE SUBSTANTIVE LAW. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. TICKET HOLDER UNDERSTANDS THAT THEY ARE WAIVING THEIR RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO ASSERT ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF TICKET HOLDER DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST LEAVE OR NOT ENTER THE VENUE. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
9.13 Defined terms:
As used herein:
“Match” shall mean any cricket match played as part of the Event, the particulars of which are indicated on the Ticket;
“Prohibited Items” shall mean (i) any item that is, or any person authorized by the Organizer considers or identifies as being, offensive, dangerous, hazardous and/or illegal or that could be used as a weapon or a missile, or that may compromise or interfere with the enjoyment, comfort or safety of (or pose a hazard to) any person or security at the Venue; (ii) alcohol, glass, cans, firearms, weapons, fireworks, animals (other than guide dogs or other assistance animals required for medical reasons as documented in a medical certificate); (iii) stadium horns (including without limitation, a vuvuzela or caxirola), loud hailers or similar devices, or electronic amplification devices for musical instruments; (iv) any camera tripods, monopods, or commercial digital video equipment; (v) any mobile phones or smart phones (including iPhones, Androids, etc.) or photographic, video or sound recording equipment (including lenses and digital video equipment) for any purpose other than private, non-commercial and non-promotional purposes; and/or (vi) any item including without limitation banners or flags, etc. displaying commercial logos, which, in the Organiser's view, may conflict with or in any way detract from the rights of any official sponsor or commercial partner related to the Match.
"Related Persons" means Ticket Holder's heirs, assigns, executors, administrators, next of kin, anyone attending the Match with Ticket Holder (which persons Ticket Holder represents have authorized Ticket Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Ticket Holder's or their behalf;
"Released Parties" means: (i) the Organizer, any teams participating in the Event, as well as their respective direct and indirect affiliates, commercial partners, sponsors, administrators, designees, licensees, agents, owners, officers, directors, employees, contractors (and their employees) and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Venue (including, without limitation, parking areas and entry gates); (iii) all third parties performing services at the Venue; and (iv) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, subcontractors, insurers, representatives, successors and/or assigns of each of the foregoing entities and persons, whether past, present or future and whether in their institutional or personal capacities.
“Ticket Holder” shall mean any individual possessing, holding or using a Ticket, including (without limitation) the End Customer, their guests (including accompanying minors) or any person to whom the Ticket was issued or transferred in accordance with these Terms and Conditions and who seeks entry into the Venue.
“Venue” means the entire premises of a ground or stadium where a Match is scheduled to take place and to which a Ticket is required to gain access, including all entrance and exit gates.