Terms and Conditions
Terms and Conditions for granting of Licence
DEFINITIONSPLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
By entering this website, and/or any subsite accessible on this site you ('the user') accept, without limitation or qualification, the Terms and Conditions of Use set forth below and any additional terms and conditions of use set forth in any subsite or in connection with any promotion or service contained within such sites. If you do not accept these Terms and Conditions of Use, you should exit the website.
1. OWNERSHIPThis website is the official website of Arsenal PLC (the "Club") which is operated and managed by MediaStorehouse.com ("MShC"). This website and its design, text, graphics, the selection and arrangement thereof, is Copyright © of the Club although certain third party copyright materials will be included on the website from time to time. The trade marks and trade names depicted in this website are proprietary to those entities set forth are trade marks of the Club.
Other proprietary trade marks and trade names may be featured on this website from time to time. Third party images, trademarks and brands may not be reproduced or appropriated in any manner without the written permission of their respective owners.
Content and information provided by third parties other than the Club is identified clearly where it appears. The Club publishes this content as supplied to it and is not responsible for its accuracy or timeliness. You must take appropriate steps to verify this information before acting upon it.
2. AMENDING THE TERMS AND CONDITIONS OF USEThe Club may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms shown on this website or any subsite hereof, apply as soon as they are shown. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. The Club may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.
3. LIMITED LICENCE; RESTRICTIONS
You are granted a limited licence to download the materials contained on this website to a single personal computer, and to print a hard copy of the materials contained on this website, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. Use of the materials contained on this website on any other Internet site is strictly prohibited. The grant of this limited licence is conditional upon your agreement to and compliance with all these Terms and Conditions of Use. Any other use of any of the materials on this website including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without the prior written permission of the Club is strictly prohibited, and is a violation of the Club's proprietary rights.
If you download any software from this website, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are subject to the limited licence set out above. The Club and/or MShC and/or their respective suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.
4. INFORMATION ONLYThe information contained in the website is not, and should not be construed as, an offer to sell or invitation to buy, or the solicitation of any offer to buy shares in Arsenal PLC or any investments, securities or other products. The information provided should not be relied upon in connection with any investment decision and is not intended to provide investment or any other advice to you.
5. DISCLAIMERTHIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE CLUB AND MShC BOTH DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, NEITHER THE CLUB NOR MShC REPRESENTS OR WARRANTS THAT THE INFORMATION AND/OR FACILITIES ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.
6. EMAIL SERVICEIn situations where the Club may give you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions of Use
7. CHILDREN UNDER 16If you are under 16, you must ask your parents or a guardian before you
E-mail the website, or ask the Club to e-mail anything to you;
Send in any information to the Club;
Enter any contest or game that requires information about you or offers a prize;
Apply to join the Arsenal Junior Membership Scheme;
Post any information on any bulletin board or enter any chat room; or
Buy anything online.
By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian.
8. LINKS FROM THIS SITEThis website contains links to other Internet sites on the World Wide Web. the Club provides such links for your convenience only, and is not responsible for the content of any site linked to or from this website. the Club disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.
9. LINKS TO THIS SITEYou must not establish a link to the website, unless you expressly agree:
to ask prior written approval of the Club to establish a link to the website;
to create a direct link to the Club's official website;
not to create any third party association with the website; and
ensure that the link does not state or imply that the Club sponsors or endorses or otherwise supports any other website activity, company or entity, or presents the Club and its associates in a false, misleading, defamatory or derogatory manner;
Any such approval from the Club to establish a link to this website shall not permit you to use any Club and/or third party content, names, logos, pictures or trademarks, unless separately agreed to in writing by the relevant rights-holder.
11. SECURITYInternet transmissions are never completely private or secure. You understand that any message or information you send to this website may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code).
12. USER SUPPLIED INFORMATIONIf you send communications or materials to the website or any subsites by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including moral rights, proprietary, or any other right, including the right to approve the way in which the Club uses such material.
Any material submitted to this website and any subsite, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by the Club anywhere in the world, in any medium, in perpetuity.
13. INFORMATION RELATING TO THIRD PARTIES
You undertake not to either include in any posting to this website, or otherwise disclose on or in connection with your use of the website any confidential information or personal data relating to third parties without their express written consent.
You acknowledge that in the course of utilising the website and concluding transactions on it you may receive certain confidential. You agree and undertake to keep such information confidential and not to disclose any part of such information to any third party, unless required to do so by law. Such information shall not be used for any purpose without the prior written consent of the user to whom such information is confidential and you agree to indemnify the Club in respect of any claim made against them as a result of your misuse of such information.
14. CLASSES OF USERSThere are currently 3 classes of users of this website:
whose rights and obligations in respect of access to levels and types of content available from this website, differ and access to certain services are not necessarily available to all users. The Club also reserves the right to introduce other classes of users of the website from time to time.
15. TERMINATIONThe Club reserves the right to suspend or terminate any use by you of this website and any subsite thereof, where it appears to the Club that your use is in breach of these Terms and Conditions of Use, including the provision of false registration details or other misuse of the services offered through this website. If you are a 'registered user' or 'subscriber' and your registration is suspended or terminated, you may not re-register for the website without the Club's prior consent. The Club may pursue any other remedy legally available to us if you fail to comply with any of your obligations contained in these Terms and Conditions of Use.
If you are a 'subscriber' and proceedings are brought by or against you under the bankruptcy or insolvency laws of any jurisdiction, the Club shall be entitled to terminate these Terms and Conditions of Use forthwith.
16. INDEMNITYYou agree to indemnify, defend and hold the Club and, all of its associate companies, Arsenal Merchandising Limited, its directors, employees, information providers, licensors and licensees, officers and partners, (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use. You will co-operate as fully as reasonably required by the Club in the Club's defence of any claim. The Club reserves the right, at its own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of the Club.
17. LIMITATION OF LIABILITYTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER THE CLUB NOR MShC NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF THE CLUB AND/OR MShC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL EITHER THE CLUB'S OR MShC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
18. SUSPENSION OF SERVICEWithout prejudice to the foregoing, the Club may suspend or discontinue the website and/or any subsite or your access to the website and/or any subsite at any time with or without cause and with or without notice.
Further, by using this website and any subsite, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of the Club and if the Club is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and the Club shall be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions of Use, the term 'force majeure' shall be deemed to include any cause affecting the performance by the Club of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of the Club and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
19. GOVERNING LAWThese Terms and Conditions of Use shall be governed by and construed in accordance with English law. Any dispute under these terms shall be subject to the exclusive jurisdiction of the English courts and, by using this website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
Those who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.
Any waiver of any provision of these Terms and Conditions of Use must be in writing signed by the Club to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. These Terms and Conditions of Use represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and the Club.