Terms and Conditions
Terms and Conditions
Date of Last Review: July 2015
1.1 This website is operated by Everton Football Club Company Limited, a company registered in England with company number 36624, registered office Goodison Park, Goodison Road, Liverpool L4 4EL, telephone number 0151 556 1878, fax number 0151 286 9119, email using the url http://www.evertonfc.com/functional/contact-us and VAT registration number GB163667345.
2. Other applicable terms
3. Access TO THIS WEBSITE
3.1 We do not guarantee that this website, or any content on it, will always be available or be uninterrupted.
3.2 Access to this website is permitted on a temporary basis and we may suspend, withdraw or discontinue all or any part of this website without notice.
4.1 We may choose to restrict access to this website or to parts of it to registered users.
4.2 If you choose, or you are provided with, a user identification name, code or password to access certain parts of this website, you must treat such information as confidential. Your identification name, code and/or password are non-transferable.
4.4 If you know or suspect that anyone other than you knows your user identification name, code or password, you must immediately notify us by email using the url http://www.evertonfc.com/functional/contact-us.
4.5 You are liable for any unauthorised use of your user name, code and/or password.
5. ACCEPTABLE USE
5.1.1 You must only use this website for lawful purposes. You must not use this website:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
5.2 Interactive Services
5.2.1 We may from time to time provide interactive services on this website, including, without limitation:
- comment facilities;
- bulletin boards; and/or
- chat rooms
(together “Interactive Services“).
5.2.2 Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user or from the comments, content or other material that is posted or uploaded to any Interactive Service by another user whether the Interactive Service is moderated or not.
5.2.3 The use of any 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. Minors who are using any Interactive Service should be made aware of the potential risks to them.
5.2.4 Any content that you supply/upload using an Interactive Service must comply with the content standards set out in Section 5.3 below.
- it must not be obscene, abusive, offensive, inflammatory or promote or propose hatred or physical harm against any person;
- it must not promote discrimination based on race, sex, religion, nationality, sexual orientation, age or disability;
- it must not threaten, harass, bully, upset, embarrass or annoy any person;
- it must be true and honest so far as you know and not deceive any person;
- it must not be defamatory of any person;
- it must not use the material or content or infringe the rights or privacy of any other person; for example you should not use images of well-known characters, footage or music (unless it is your own);
- it must not advertise any goods or service or be for a commercial purpose;
- it must not give the impression that such content emanates from us, if this is not the case;
- it must not contain someone else’s personal details or confidential information relating to other people or misrepresent your identity or affiliation with any other person; and
- it must not promote or condone terrorism, violence or illegal behaviour.
5.3.2 We reserve the right to refuse to accept or refuse or cease to use any content supplied by any person that we think contravenes these rules. In the case of a serious breach of these rules (as determined by us in our absolute discretion) we may temporarily or permanently withdraw your right to use this website, take legal action against you and/or disclose such content to law enforcement authorities,
5.4 Content Licence
5.4.1 You grant us a non-exclusive, non-transferable, perpetual, royalty-free, worldwide licence to copy, use, publish, adapt and amend any content that you supply/upload to this website in any format, including in marketing materials. This licence shall include the right for any user of this to access and use such content in accordance with Section 7 below.
5.4.2 We reserve the right, at our sole discretion, to make additions or deletions to, to edit, crop or arrange any content that you supply/upload to this website prior to publication. We also reserve the right not to publish such content in whole or in part or to remove such content in whole or in part.
5.4.3 You warrant that you are entitled to grant us the rights set out in Section 5.4.1 and that the use by us of any content supplied/uploaded by you shall not infringe the rights (including the intellectual property rights and privacy rights) of any third party.
6. NO Reliance on Information
6.1 The content on this website is for your general information and use only.
6.2 Though we endeavour to ensure the accuracy of the information placed on this website, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
6.3 It shall be your own responsibility to ensure that services or information available through this website meet your specific requirements.
7.1 All content of this website including but not limited to the text, photographs, images, videos, graphics, illustrations, designs, written and other material including the program and code that operates this website is protected by copyright, trade mark and/or other proprietary rights owned by or licensed to us. Such content is protected by copyright laws and treaties around the world. All such rights are reserved. Any redistribution or reproduction of part or all of such content in any form is prohibited other than as set out below.
7.2 You may print or download to a local hard disk extracts from this website for your personal and non-commercial use only. You may copy the content of this website to individual third parties for their personal use, but only if our status (and that of any identified contributors and licensors) as the authors of such content is acknowledged.
7.3 You may not, except with our express written permission, distribute or commercially exploit the content of this website. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
7.4 You may not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.6 “Everton”, “Everton FC” and “Everton Football Club” are UK registered trade marks of the Club. All trade marks reproduced on this website, which are not the property of, or licensed to us, are acknowledged on this website. Unless stated otherwise on this website all other uses of the content of this website are expressly prohibited and any unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. If you want to make additional use of any of our material outside the terms of this disclaimer, you should apply to the Club for the appropriate consent and conditions.
8. THIRD PARTY CONTENT AND LinkS to other websites
8.1 We have no responsibility for content provided by third parties on this website and are merely providing access to such content to you. We have no obligation to verify the content of such information or to edit any such information provided by third parties. We have no control over such content and do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
8.2 The inclusion of any advertising or any sponsorship material on this website does not constitute an endorsement of the relevant advertiser or sponsor or their goods or services. Any correspondence or dealings you have with advertisers or sponsors are solely between you and the relevant advertiser or sponsor. We shall not be responsible for any loss or damage of any kind suffered or incurred by you as a result of any correspondence or dealing you have with any advertiser or sponsor.
8.3 In addition, this website may provide links to other websites, the content of which is not under our control. Accordingly, we cannot accept any responsibility for the materials or offers for goods or services featured on such websites. Links to such websites are not to be taken as an endorsement by us of such websites or as a warranty that such websites will be free of viruses or other such items of a destructive nature.
8.4 Please note that any goods and services supplied or made available through this website or through websites which are linked to this website are supplied by third parties and not by us (unless stated otherwise). Any dealings between you and such third parties, including payment for and delivery of products or services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and the third party. You agree not to hold us (or any of our affiliates) liable for any loss or damage of any kind incurred as the result of any such dealings.
9.1 We do not guarantee that this website will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any content on it, or on any website linked to it.
9.2 You are responsible for configuring your information technology, computer programs and platform in order to access this website. You should use your own virus protection software.
9.3 You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to this website. You must not attack this website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.
10. Limitation of our liability
10.2 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
10.2.1 use of this website;
10.2.2 or inability to use this website; or
10.2.3 use of or reliance on any content displayed on this website.
10.3 Please note that we only provide this website for domestic and private use. You agree not to use this website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. Changes to this website
13. Applicable Law
14. Contact Us
To contact us, please email using the url http://www.evertonfc.com/functional/contact-us.
Thank you for visiting this website.
All items listed for auction by Everton are posted on the Club’s ebay seller page (url: ebay.co.uk/usr/officialevertonfc). All users of this service must abide by ebay’s terms and conditions of use, which are available here: /redirect.ashx?url=http%3a%2f%2fsellercentre.ebay.co.uk%2febay-user-agreement