Terms & Conditions

IMPORTANT - PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE

THE EVERTON WAY

Terms & Conditions

These pages (together with the General Terms and Conditions, Acceptable Use Policy and Privacy Policy found on the homepage at www.evertonfc.com) tell You the terms of use on which You may make use of our website www.evertonway.com (our Website), whether as a guest or a registered user. Please read these terms of use carefully before You start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

General Terms and Conditions

Everton Football Club ("we", "our" or "us") operate this Website. Our address is www.evertonfc.com . Though we endeavour to ensure the accuracy of the information placed on this Website we do not warrant or guarantee the accuracy or correctness of such information or of any other content, description or material placed on or referred to on this Website. We do not warrant that the Website, its content or the server that makes it available are error or virus free or free of other harmful components or that your use of this Website will be uninterrupted. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Our Liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

If you are dissatisfied with the Website or any content or materials on it, your sole exclusive remedy is to discontinue your use of the Website.

Intellectual Property Rights

All content of this website including but not limited to the text, photographs, images, graphics, illustrations, designs, written and other material including the program and code that operates this website (together the "content") is protected by copyright, trade mark and/or other proprietary rights owned by or licensed to Everton Football Club. Should you choose to download, print or copy any content from this website, you must do so only in accordance with these terms.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference.

You must 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.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you want to make additional use of any of our material outside the terms of this disclaimer, you should apply to Everton Football Club for the appropriate consent and conditions. Unless stated otherwise on this website all other uses of the content are expressly prohibited.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Such activity is permitted only for your sole use and supply to third parties is strictly prohibited.

In all cases we must be acknowledged as the source of the material. You acknowledge that you have no right to use the content in any other manner.

Linking

The Website may provide links to other websites, these links are provided for information only, 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 sites are not to be taken as an endorsement of such websites or as a warranty that such websites will be free of viruses or other such items of a destructive nature.

Please note that any goods and services supplied or made available through this Website or through sites which are linked to this site are supplied by third parties and not by Everton Football Club (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 Everton Football Club liable for any loss or damage of any kind incurred as the result of any such dealings.

Viruses and Other offences

You must not:

1. knowingly introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
2. attempt to gain unauthorised access to the Website, the server on which the Website is hosted or any server, computer or database connected to the Website;
   
3. attack our Website via a denial-of-service attack or a distributed denial-of service attack.
4. use the Website in any manner that could damage, disable, or impair the services provided by us in any way.
5. use the Website in any way which might interfere with any other party's use and/or enjoyment of the Services.

If you breach this provision you may be committing a criminal offence under the Computer Misuse Act 1990. We may report any such breach to any relevant authorities and we will co-operate with them.

The Website has numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot, however, guarantee that these measures are, or will remain, adequate. We do, however, take data security very seriously and will use all reasonable endeavours to protect the integrity of the information you provide.

SUBSCRIPTION TERMS AND CONDITIONS

These terms and conditions ("Subscription Terms and Conditions") shall apply to Your use of any of the Subscription Areas.

By subscribing to and using any of the Subscription Areas You agree to be bound by the Subscription Terms and Conditions which shall form a legal agreement between Us and You. If You do not agree to be bound by the Subscription Terms and Conditions, You may not subscribe to and use the Subscription Areas.

Where these Subscription Terms and Conditions are inconsistent with the Website Terms and Conditions these Subscription Terms and Conditions shall prevail.

1. Definitions

"Subscriber PC" means the PC through with You subscribe to the Subscription Areas.

"Subscription Areas" means the subscription sections of The Everton Way.

"Subscription Contract" means the contract formed between Us and You upon your acceptance of these Subscription Terms and Conditions.

"Subscription Fee" means the fee to be paid by You for the Subscription Package as set out on the Subscription Homepage and as varied from time to time in accordance with clause 2.

"Subscription Homepage" means the homepage accessed when You click to subscribe to the Subscription Areas.

"Subscription Packages" means the types of subscription packages which are available to subscribers as set out on the Subscription Homepage and "Subscription Package" shall be construed accordingly.

"Video Content" means the video which may be viewed by You via the Subscription Areas as part of Your Subscription Package.

"The Everton Way" means the site containing the video footage of Everton football teams and which is on the Website located at http://academy.evertonfc.com or www.evertonway.com.

"We/Us" means Everton PLC.

"You/Your" means You, the user.

2. Access to the Subscription Areas and Payment

You shall only be authorised to access the Subscription Areas via Your Subscriber PC. Before accessing the Subscription Areas You must pay the Subscription Fee. The Subscription Fee is annual and Your right to access the Subscription Areas shall last 12 months from the date of payment to Us. You may renew Your access to the Subscription Areas, by making further annual payments of the Subscription Fee. We reserve the right to increase the Subscription Fee from time to time and any notice of an increase of the Subscription Fee shall be posted on the Subscription Homepage.

You must pay the Subscription Fee in the manner set out below. All payments must be in GBP (£) without set-off or deduction by debit or credit card in accordance with the instructions on the Subscription Homepage. All Subscription fees shall be subject to any local currency conversion rate applicable from time to time.

You shall be permitted to change Your Subscriber PC through the My Profile section of The Everton Way.

You are not permitted to send any content from the Subscription Areas to other users.

You acknowledge that the Video Content is owned by or licensed to Us and Your rights to such content shall be limited to the viewing or downloading of files for private use in accordance with the Subscription Package You have paid for.

When accessing and using the Subscription Areas You shall comply with all applicable laws and regulations in the country from which You access the Subscription Areas.

You shall be responsible for Your Internet access and any equipment and installation of the necessary software on the Subscriber PC in order to view the Video Content. We shall have no responsibility for the operation of or inadequacies of Your hardware or software that may hinder, slow or restrict reception to the Subscription Packages.

The maximum aggregate liability of Us to You shall be limited to that proportion of the Subscription Package paid for but not received by You.

3. Acceptable Use of the Subscription Areas

You will be issued a user name and password. Any user name or password is personal to You. And You may not disclose the same to any third party or allow any third party to access the Subscription Areas using Your user name or password. You shall only be authorised to access the Subscription Areas via Your unique username and password and shall only be authorised to access the Subscription Area for which You have paid the appropriate Subscription Fee.

You are responsible for keeping Your subscription password secure and confidential. You may change Your password at any time via the Help section of The Everton Way. Should You become aware that another person knows Your password You shall immediately change it. You must not store Your password on Your Subscriber PC. You are entirely responsible for any and all activities which occur within Your account which do not occur as a result of Our negligence. You agree to immediately notify Us of any unauthorised use of Your account or any other breaches of security known to You.

You may change Your password at any time via the Help section of The Everton Way.

4. Cancellation of Your Subscription Contract

Should You wish to cancel Your Subscription Contract You may do so at any time but must confirm this to Us by e-mail giving one month's notice at:

evertonway@servecast.com

When You cancel Your Subscription Contract You shall be entitled to view the Video Content pursuant to Your Subscription Contract until the expiry of the period for which You have paid the Subscription Fee. You shall not be entitled to a refund of any unused portion of the Subscription Fee.

5. Suspension and Termination

We shall be entitled to suspend or terminate Your access to any of the Subscription Areas at any time without notice should You be in breach of these Subscription Terms and Conditions or the Website Terms and Conditions or should the Subscription Fee not be paid. You shall not be entitled to a refund of Subscription Fee in the event we terminate or suspend Your access in accordance with this clause.

Without prejudice to our rights to suspend or terminate under this clause 5 We may, at our own discretion, terminate Your Subscription Contract upon giving You one month's notice by e-mail. Should We terminate Your Subscription Contract pursuant to this clause We shall pay to You a proportion of Your annual Subscription Fee reduced pro-rata to the period of the Subscription Contract paid for but not received.

Upon cancellation or termination for any reason You shall cease to have access to the Subscription Areas.

6. Personal Information

When You use the Website and/or subscribe to the Subscription Areas or make any enquiry to subscribe You may provide us with personal information about You such as Your name, address, fax and telephone numbers and email address ("personal information"). We are committed to protecting Your privacy, and will use Your personal information in accordance with the Data Protection Act 1998.

You are entitled to ask for a copy of Your personal information at any time by contacting us at the address above. We may charge You a small fee for this. You are entitled to ask us to correct or update your personal information at any time by contacting us at the address above.

You consent to us (and our representatives) using Your personal information to:

(a) provide you access to the Subscription Areas and Subscription Packages to You;

(b) deal with Your queries; and

(c) for the purposes of record keeping.

You consent to us (and our representatives) transferring Your personal information to:

(a) any third party if that third party acquires substantially all of our assets;

(b) and any countries outside the UK provided that similar levels of data protection as in the UK shall apply to your personal information.

You consent to us contacting you from time to time to tell You about our goods and services similar to the ones that you have enquired about. If you do not want us to do so you can "opt out" by indicating this when You submit Your personal information to us or by emailing us at any time at the address above or shown in any information that we send to You.

We and selected third parties may wish to contact You (including by post, by email or other means) from time to time to tell You about other goods and services. If you do want us to do so You can "opt in" by indicating this when you submit your personal information to us or by emailing us at any time at the address above or shown in any information that we send to You.

If You do not want us to use Your data in the ways described please tick the relevant boxes situated on the forms on which we collect Your data.

General

These terms apply to both the General Terms and Conditions and the Subscription Terms and Conditions ("Terms").

The remedies available to either you or us under the Terms shall not exclude or limit any other rights that you or we may have against each other. Any failure by us to enforce any of our rights under these Terms shall not affect our right to enforce them at a later date.

If any provision or right under the Terms is found to be invalid or unenforceable then the remaining provisions or rights under the terms shall be unaffected as if the invalid or unenforceable part did not exist.

The Terms contain all the terms and conditions between you and us regarding your use of The Everton Way. No other terms and conditions or promise shall be taken to have been given or implied into the terms except as implied by law. This does not affect your statutory rights.

We may assign, transfer, mortgage, charge, sub-contract, sub-licence or otherwise dispose of the whole or any part of the Terms without your prior written consent. Nothing in the Terms will give any right or benefit to any person who is not a party to them. You may not assign the whole or any part of the Terms without our prior written consent.

We reserve the right to change the Terms at any time without prior notice to you.

Even though any contract between you and us relating to your use of The Everton Way Website is concluded over the internet, you and we agree that it has been concluded in England in writing. Any such contract will is governed by English law and you and we each hereby accept the exclusive jurisdiction of the English courts.