Registered User Terms & Conditions
Date of Last Review: February 23, 2010
IMPORTANT – PLEASE READ CAREFULLY BEFORE PLACING ANY MESSAGES OR CONTENT ON THE WEBSITE
YOU ARE PERMITTED TO PLACE INFORMATION ON THE WEBSITE ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET OUT BELOW.
BY CLICKING ON THE "ACCEPT" BUTTON (WHEN COMPLETING THE SITE REGISTRATION) YOU INDICATE ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS.
YOU SHOULD, THEREFORE, READ THE TERMS AND CONDITIONS CAREFULLY BEFORE CLICKING ON THE "ACCEPT" BUTTON (WHEN COMPLETING THE SITE REGISTRATION).
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET OUT BELOW, YOU SHOULD "REJECT" THE TERMS AND CONDITIONS ACCEPTANCE AND NOT PROCEED TO PLACE ANY INFORMATION ON THE WEBSITE (WHEN COMPLETING THE SITE REGISTRATION).
1. REGISTRATION AND CONTINUED USE
1.1 The “Your Everton” service and network is a social utility service and network that connects you with other Evertonians (“Your Everton”)
1.2 “Your Everton” is operated by The Everton Football Club Company Limited (“Everton”).
1.5 You must provide accurate, current and complete information when prompted by any registration forms on the Site
2. USERNAME AND PASSWORD
2.1 Following completion of Your registration, Everton will deliver Your user name and password to you. Delivery may be by any reasonable means (including electronic or postal delivery).
2.3 You must take appropriate security measures to prevent unauthorised disclosure of Your user name and password and You must notify Everton immediately if Your password becomes known to any unauthorised user.
2.4 You must notify Everton of any changes to your registration details.
3. AUTHORISED USERS OF THE SITE
4. YOUR RESPONSIBILITIES
4.1 In consideration for Everton allowing You to access the Site including, but without limitation, any chat rooms, discussion forums, feedback and email interactive services located within the Site You agree that:
(a) You are solely responsible for any material and content that You upload, publish or display (“Post”) on the Site, or transmit or share with other users (“User Content”).
(b) You are solely responsible for ensuring the accuracy, validity and completeness of any User Content or information which You place on the Site or otherwise make available via the Site;
(c) You will ensure that any information which is made available by You on the Site is free from all viruses, data bombs or any other computer code, file or programme designed to interrupt, destroy or limit the functionality of any software or hardware;
(d) any User Content which You post on the Site or transmit via the Site will not:
(i) be incorrect, inaccurate, deliberately misleading, illegal, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, invasive of any other person's privacy, embarrassing, hateful, racially or otherwise offensive;
(ii) infringe the intellectual property rights or other legal rights of any person including, but without limitation, any copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libellous, defamatory or otherwise unlawful material;
(iii) depict images or content of graphic or gratuitous violence;
(iv) depict images or content of a pornographic or vulgar nature; and / or
(v) make threats of any kind or that intimidates, harasses, or bullies anyone.
(e) When using the Site You represent, warrant and undertake that you will not:
(ii) register for more than one account or use or attempt to use another’s account, or system without authorisation;
(iii) post or share any personally identifiable or private information of any third party;
(iv) breach any national or international law that would encourage or provide instructions for a criminal offence;
(v) use Your Everton to send or make available any unsolicited or unauthorised advertising or promotional materials including but not limited to “junk mail”, “spam” or “chain letters”;
(vi) impersonate any person or entity or otherwise misrepresent Yourself, Your age or Your affiliation with any person or organisation;
(vii) solicit passwords or personal information from anyone, including those under 18 (eighteen);
(viii) engage in any predatory or stalking conduct or activities; and/or
(ix) Post, transmit or share User Content on the Site that You did not create or that You do not have permission to post, transmit or share.
Everton reserve the right to terminate Your access to the Site at any time and without notice in the event that Everton suspect You of committing any of the activities outlined above and to inform the relevant authorities if we believe You are in breach of any relevant laws or regulations
(f) You agree to allow Everton to make copies of Your User Content as is necessary in order to facilitate the posting and storage of the User Content on the Site.
(g) By posting User Content on the Site, You automatically grant, and You represent and warrant that You have the right to grant to Everton an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license to use, copy, publicly display, re-format, translate and distribute such User Content for any purpose.
(h) You may remove Your User Content from the Site at any time. However You acknowledge that Everton may retain archive copies of Your User Content.
(i) Subject to the rights granted to Everton herein, You retain full ownership of Your User Content and any intellectual property rights or other rights associated with Your User Content.
(j) It is Your responsibility, to create backup copies and replace any User Content You post or store on the Site.
5. SITE CONTENT
5.1 All content on the Site and available through the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, (“Site Content”), is the property of Everton or Everton’s licensors with all rights reserved.
5.2 No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Everton’s express prior written permission, except that this restriction does not apply to Your own User Content that You legally post on the Site.
5.3 Except for Your own User Content, You may not upload or copy or republish the Site Content on any other internet, intranet or extranet site or incorporate the information in any other database or compilation, save that You solely are granted a license to access and use the Site and the Site Content and to download or print any part of the Site Content to which You have authorised access solely for your personal, non-commercial use, provided always that all copyright notice and other proprietary notices are followed.
5.5 Everton reserve the right to terminate Your access and usage to the Site and Site Content at any time without notice and with or without cause.
6. THIRD PARTY CONTENT
6.1 Everton allows You to upload and share user generated content with other Evertonians. This means that You may post and share original photographs and videos that are of a personal nature that: (a) are of You or Your friends; (b) are taken by You of You or Your friends. It is not intended as a place to for You to post third party copyrighted content.
6.2 You may not: (a) upload or share content other than original works that are created by You or another user; (b) post or share any Content that infringes upon or violates the copyright, trademark or other rights of any third party; or (c) attempt to circumvent any content filtering techniques that Everton utilise from time to time.
6.3 Everton is not responsible for the conduct of our users or visitors to the Site.
6.4 The Site may contain links to other websites from time to time (“Third Party Sites”), as well other content or items belong to or originating from third parties (“Third Party Materials”). Such Third Party Sites and Third Party Materials are not examined, monitored or checked for accuracy or appropriateness by Everton, and Everton are not responsible for any Third Party Sites or Third Party Material posted on or available through the Site, including but not limited to the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies contained in the Third Party Sites or Third Party Materials. For the avoidance of doubt inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party materials does not imply and is not intended to imply approval or endorsement by Everton in any way.
6.5 If You decide to leave the Site and access Third Party Sites or to use or install any Third Party Materials, You do so at Your own risk.
7. DATA PROTECTION AND CONFIDENTIAL INFORMATION
7.2 You should not send any confidential information or proprietary information to Everton or place any confidential or proprietary information on the Site or transmit it via the Site. Any information submitted by You shall become the property of Everton and You grant to Everton the right to use that information subject to the terms of the Privacy Statement
7.3 By sending information to Everton, placing information on the Site and transmitting information via the Site You grant to Everton an unrestricted, irrevocable licence to use, display, reproduce, transmit and distribute such information.
7.4 You further agree that Everton and any visitors to the Site are free to use any concepts, know-how or ideas associated with the information you provide.
7.5 One of the facilities offered by the Site is the ability for You to make Your email address visible to other users of the Site. If you chose to do so You consent to other users having access to Your email address and You acknowledge that Everton has no control over the content of any communications which may be sent to You by other users.
7.6 The provisions of the Freedom of Information Act (as amended) may apply to both Everton and / or You. In the event that Everton receives a request pursuant to the Freedom of Information Act requesting the disclosure of information provided by You to Everton (whether on the Site, via the Site or otherwise) You agree that regardless of whether or not You are a person to whom the provisions of the Freedom of Information Act apply, Everton shall be entitled to disclose such information unless it has legitimate grounds pursuant to the Freedom of Information Act to decline to disclose the information in question.
8.1 Regardless of the source of any information provided on the Site or via the Site, Everton does not guarantee:-
(a) the accuracy, validity or completeness of information which is available;
(b) that any such information does not breach any intellectual property or other rights of any person; nor
(c) that any such information will be free from viruses, data bombs and the like.
8.2 Everton is not responsible or liable in any manner for any User Content or any Third Party Materials posted on the Site. Although Everton provide rules for user conduct and postings, Everton do not control and are not responsible for what users Post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Site or in connection with any User Content or Third Party Materials.
8.3 The Site may be unavailable from time to time for maintenance or other reasons. Everton assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, theft or destruction or unauthorised access to, or alteration of user communications.
8.4 Everton is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email, technical problems or traffic congestion on the internet, including injury or damage to users or to any other person’s computer, mobile phone or other hardware or software, relating to or resulting from using or downloading materials in connection with the Site. Under no circumstances will Everton be responsible for any loss or damage, including any loss or damage to any User Content, resulting from Your use of the Site, and any User Content or Third Party Materials, posted on or through the Site or transmitted to users, or any interaction between users of the Site, whether online or offline.
8.5 Reference to any products, services, companies, suppliers or otherwise on the Site does not constitute or imply any endorsement or sponsorship by Everton or affiliation with Everton unless expressly stated.
8.6 The Site and all materials and applications contained within the Site are provided “as is” and Everton disclaim any and all representations and warranties, whether express or implied, including fitness for a particular purpose, and Everton do not promise any specific results from use of the Site. Everton do not warrant that any software, content or materials on the Site are accurate, complete, reliable, current or error free or that the Site are free of viruses or other harmful components, You should therefore exercise caution in the use and downloading of any such content or materials and use appropriate software to detect and protect against viruses.
8.7 You understand and agree that use of the Site and any downloading of content, material, data or software from the Site is at Your own discretion and risk and that You will be solely responsible for Your use thereof and any resulting damage to Your computer system or other equipment or any other harm of any kind that may result.
8.8 Everton are not responsible for the conduct, of any user of the Site.
8.9 Information available on the Site is intended for general consumption only and does not constitute advice or recommendations. As such, You should not rely on such information when making any business specific or other decisions.
9. LIMITATION OF LIABILITY
9.1 Everton shall not be liable to You for any loss of profit, loss of anticipated profit, loss of business, economic loss, overhead recovery, anticipated savings, loss of data, depletion of goodwill or otherwise or any costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) whether direct or indirect, which arises out of or in connection with Your use of the Site.
9.2 Nothing in these conditions shall operate to exclude or limit the liability of Everton for fraudulent misrepresentation or death or personal injury caused by Everton’s negligence
9.3 Notwithstanding anything to the contrary contained herein, Everton’s liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Everton for use of the Site, but will not in event exceed the sum of £1,000.
10. NOTIFICATION PROCEDURE
a) Identify in detail of the infringing activity or User Content;
b) Identify of the URL and specific location on the Site of the alleged infringing materials, or outline in detail the activity of any user which is causing You concern;
c) Include Your name, mailing address, telephone number and email address.
10.2 If You believe that Your own copyrighted work is accessible on Your Everton in violation of Your copyright please send a written notification to the address at the foot of this clause 10 including the following information:
a) Identify in detail the copyrighted work or intellectual property right that You claim has been infringed;
b) Identify the URL and specific location on the Site of the alleged infringing materials;
c) A statement by You that the information contained in Your notification is accurate and that you attest under the penalty of perjury that You are the copyright owner or that You are authorised to act on the copyright owner’s behalf;
d) Include Your name, mailing address, telephone number and email address.
10.3 Upon receiving a notification from You Everton will remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim.
10.4 You accept that You may be liable for damages, including court costs and legal fees, if You materially misrepresent that content on Everton Site is infringing your or any third party’s intellectual property rights.
10.5 If You believe Your own copyrighted material has been removed from Everton Site as a result of misidentification, You may submit a written counter notification to the address at the foot of this clause 10 including the following information:
a) Identification of the material that has been removed or details and the location at which the material appeared before it was removed or disabled;
b) A statement under penalty by perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
c) A statement by You that You will accept and deal directly with any claims or future claims, proceedings brought against You from the party that filed the written notification.
d) Include Your name, address and telephone number
10.6 All notices should be sent to
Everton Football Club Limited
10.7 Upon receipt of any such written notification Everton will investigate any such alleged breach and take the necessary action as deemed appropriate by Everton. Everton reserves the right to inform the relevant authorities where Everton believe any illegal act may have been or is currently being undertaken.
Everton may terminate Your access / membership to the Site and delete any User Content of information Posted by You and / or prohibit You from using or accessing the Site for any reason at any time at Everton’s sole discretion, with or without notice.
13. ENTIRE AGREEMENT
17. NO PARTNERSHIP OR JOINT VENTURE
18. CONTRACT (RIGHTS OF THIRD PARTIES) ACT 1999
An entity which is not expressly a Party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall be expressly excluded.
18. GOVERNING LAW