Blue Room Acceptable Usage Policy
ACCEPTABLE USE POLICY
This acceptable use policy (“this Policy”) sets out the terms between you and Everton Football Club (“we”, “our” or “us”) under which you may access our website www.evertonfc.com (“our Website”). This Policy applies to all users of and visitors to our Website.
Your use of our Website means that you accept and agree to abide by all the terms in this Policy, which supplements our terms of website use click here.
We do not engage in the screening of information submitted by users of this fans forum (“this Forum”) prior to it appearing on our Website nor do we exercise any editorial control over contributors to this Forum. However, we reserve the right, but shall be under no obligation, to remove any such information at any time at our sole discretion.
You acknowledge that we have no control over content in this Forum. We cannot and shall not be held liable or otherwise responsible for the content of any contribution to this Forum.
By using this Forum, you accept agree to waive any claims against us for any distress, injury, loss, liability, damage and expense arising from or in connection with your use of the service, or its contents. This exclusion also applies to any loss, damage, liability, distress and expense arising from our negligence. You agree to indemnify us and any Everton Football Club Company Limited employee and/or officer from and against any liability for losses, damages, expenses and claims arising from your use of these [groups] or any content of the [groups] which you post or create. You specifically agree that we are not responsible for or liable to you or anyone else for any threatening, defamatory, libellous, obscene, offensive or illegal conduct of any other party or for any infringement of another's rights, including intellectual property rights.
We agree to use our reasonable endeavours to maintain this Forum on our Website in fully operational condition. However we cannot guarantee that this will always be the case and we do not accept responsibility for any defects that may exist, or for any costs, loss of profits, loss of data, or consequential losses arising from your use of, or inability to access our Website or any of its services even where any such loss arises through our negligence.
You agree that you will only use this Forum in a manner that is consistent with these user terms and conditions.
Our agreement with you, set out in this Policy, is governed by English law and you and we submit to the non-exclusive jurisdiction of the English Courts.
You may use our Website for lawful purposes. You may not use our Website:
- a) In any way that breaches any applicable local, national or international law or regulation;
- b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- c) For the purpose of harming or attempting to harm minors in any way;
- d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, click here;
- e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material (whether personal or commercial) or any form of similar solicitation including but not limited to spam, junk mail, chain letters and pyramid schemes;
- f) To knowingly transmit any data, send or upload any material that contains (including but not limited to) 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 computer software, hardware or telecommunications equipment;
- g) To post any information which may constitute investment advice under the Financial Services Act 1986. Under this Act, restrictions are placed on who may or may not pass on investment advice. Whilst it is perfectly legal to disseminate factual information, it is a criminal offence to pass on opinion on investment merit and potential unless you are subject to the regulatory rules of membership of a self-regulating organisation. The restatement of another's opinion is controlled by the same rules as dissemination of your own opinions;
- h) to post any information that constitutes an advertisement, encouragement or specific recommendation to trade in any specific share or security;
- i) to provide or offer to exchange passwords for commercial sites;
- j) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through our Website;
- k) to "stalk" or otherwise harass any person; and
- l) to collect or store personal information about other users whether or not for commercial purposes, without their consent.
You also agree:
a) Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our terms of website use, click here;
b) Not to access without authority, interfere with, damage or disrupt:
- i. any part of our Website;
- ii. any equipment or network on which our Website is stored;
- iii. any software used in the provision of our Website; or
- iv. any equipment or network or software owned or used by any third party.
We provide interactive services on our Website, including, without limitation:
a) Chat rooms
b) Bulletin boards
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
The content standards apply to any and all material which you contribute to our Website (“Contributions”), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole.
- a) Be accurate (where they state facts);
- b) Be genuinely held (where they state opinions); and
- c) Comply with the applicable law in the UK and in any country from which they are posted.
Contributions must not:
- a) Contain any material which is defamatory of any person;
- b) Contain any material which is obscene, offensive, hateful or inflammatory;
- c) Promote sexually explicit material;
- d) Promote violence;
- e) Promote discrimination based on race, sex religion, nationality, disability, sexual orientation, age or any other reason;
- f) Infringe any intellectual property right including but not limited to any copyright, database right, trade mark, patent, or design right (whether registered or not) of any other person;
- g) Be likely to deceive any person;
- h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- i) Promote any illegal activity;
- j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- k) Be likely to harass, upset, embarrass, alarm or annoy any other person;
- l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- m) Give the impression that they emanate from us, if this is not the case; or
- n) Advocate, promote or assist any unlawful at such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this Policy through your use of our Website. When a breach of this Policy has occurred, we may take such action as we deem appropriate.
a) Immediate, temporary or permanent withdrawal of your right to use our Website;
b) Immediate, temporary or permanent removal of any posting or material uploaded by you on our Website;
c) Issue of a warning to you;
d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
e) Further legal action against you; and
f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Policy. The responses described in this Policy are not limited, and we may take any other action as we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Policy may also be superceded by provisions or notices published elsewhere on our Website.