PART A - GENERAL USE TERMS
1. Terms of Website use
?1.1. Liverpool Football Club and Athletic Grounds Limited ("we", "our" or "us") operates the www.kthq.icu website and the www.lfctour.com website ("Website"). Our registered office is Liverpool Football Club, Anfield Road, L4 OTH and our company registration number is 35668 and VAT number is 325195756. The terms "you" and "your" refers to you, as user or viewer of the Website. These terms and conditions of use ("Terms") apply to your use of the Website and by continuing to use this Website you are confirming that you accept the Terms set out below and the additional usage terms set out in the relevant parts of the Website.1.2
1.2. In the event of any conflict between Part A of these Terms and any other terms and conditions of use of the Website, then in relation to your use of The Website, these Terms shall take precedence and prevail.
2. Changes to these Terms and additional terms
2.1. We may change these Terms from time to time. We will post the updated Terms on the Website, and they will take effect immediately.
2.2. Your ongoing use of the Website after these Terms have changed will be treated as your acceptance of the updated Terms, so you should check these Terms regularly.
2.3. In certain parts of the Website, additional usage terms may apply and these will be drawn to your attention when you register an account and by hypertext links within the relevant part of the Website. You should read these additional usage terms carefully as they will govern your use of the relevant parts of the Website if you proceed to use them. These may be updated in a similar manner as clause 2.1 above and the provisions of clause 2.2 shall also apply to those terms in the same way.
2.4. Whilst the majority of content submitted by users will appear in a dedicated area of the Website called 'The Kop Area', some content submitted by users may be displayed in areas of the Website where registration is not required to view this. Please see the terms within Part B for more information about how we require submissions to be made.
3. Our liability
3.1. The Website is provided on an "as is" basis so whilst we endeavour to ensure the accuracy of the information placed on the 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 in the 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 the Website will be uninterrupted.
3.2. Subject to clause 3.3 below, we shall not be liable to you for:
3.2.1. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of business data suffered by you;
3.2.2. any loss or damage which is not reasonably foreseeable;
3.2.3. any loss or damage which may be incurred by you as a result of:
126.96.36.199. any changes that we make to the Website, or for any permanent or temporary cessation in the provision of the Website or any part of it;
188.8.131.52. the deletion of, corruption of, or failure to store any Submissions (and other data) maintained or transmitted by or through your use of the Website ;
184.108.40.206. the availability of or result through reliance on, any third party websites accessed through hyperlinks in the Website (including goods and services supplied or made available through such third party websites);
220.127.116.11. your failure to provide us with accurate registration information; or
18.104.22.168. your failure to keep your password or Website Account (as defined in clause 7) details secure and confidential, or your inclusion of any personal information within a Submission (as defined in clause 15.1).
3.2.4. The limitations on our liability to you in paragraph 3.2.3 shall apply whether or not we have been advised of the possibility of such losses arising in advance.
3.3. We do not limit or exclude our liability for death or personal injury resulting from our negligence, fraudulent misrepresentation or any other losses which may not be lawfully excluded or limited by law.
3.4. Nothing in these terms shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your Local Citizens Advice Bureau or refer to the Office of Fair Trading website (www.oft.gov.uk/default.htm).
4. Your liability
4.1. You agree to refund or otherwise take responsibility for any and all liabilities, costs and expenses, including reasonable legal fees, which we or any of our group companies or personnel may incur as a result of to any breach of these Terms by you, or in connection with the use of the Website or any Submission or other transmission of any message or information on the Website by you from your Website Account.
5. Linking from the Website
5.1. The Website may provide hyperlinks to other websites which are not owned by us, the content of which is not in our control. Accordingly we cannot accept any responsibility for the content, materials (including goods or services) or practices featured on such websites. Links to such websites are not to be taken as our endorsement of them or any content within them or as a warranty that such websites will be free of viruses or other such items of a destructive nature.
6. Use of our Content
6.1. All content which features on the Website which is provided by us or on our behalf including but not limited to the text, photographs, images, graphics, illustrations, sounds, videos, designs, written and other material (together, "Content") is protected by copyright, trade mark rights and/or other intellectual property rights owned by or licensed to us ("LFC Content").
6.2. You are permitted to download, print or copy any LFC Content from the Website, provided that you:
6.2.1. do so only for your personal, non-commercial use;
6.2.2. acknowledge us as the source of the material; and
6.2.3. do not use the LFC Content in any other manner.
6.3. You must apply to us using our online contact form for the appropriate consent and conditions to use the LFC Content for any use other than as set out in clause 6.2.
6.4. We reserve any other uses of, and rights in, the LFC Content so you must ask our prior permission for these as set out above. We will not always be able to give our consent.
6.5. For certain LFC Content (such as part of any pay-per-view arrangement), or where our suppliers have required us to do so, separate and/or additional usage terms may apply and these will be marked on the relevant part of the Website.
6.6. You must not, nor try to, make mass, automated or systematic extractions of the LFC Content, or use it to create or include it within another paper or electronic database, or try to re-sell or re-distribute it. We reserve the right to prohibit or restrict the way in which other sites link to or frame or re-present any of the LFC Content.
7. Registration for a Website Account
7.1. Whilst enjoyment of some of our Website does not require registration and can be accessed as a casual visitor, there are areas where access and/or the ability to interact with other users on the Website requires completion of a simple registration process in order to obtain a username and password necessary to access these areas.
7.2. We will open an account for you when you complete your registration for the Website (the "Website Account"). You must provide complete and accurate information about yourself, and notify us to keep this information up to date.
7.3. You need to select a password to access your Website Account. You agree not to reveal your password to other users as your Website Account is at risk if you let someone use it inappropriately.
7.4. It may be necessary for us to refuse some registration applications for example to prevent fraudulent use of the Website.
7.5. Maintaining the security and integrity of the Website is necessary to enable all our users to use it safely and effectively. You agree:
7.5.1. not to abuse the access or registration process; and
7.5.2. to take responsibility for any improper or illegal use of your Website Account (including illegal or improper use by a third party who has used your password to access your Website Account) and repay to us with any costs and/or losses that we suffer as a result.
8. Closing your Website Account
8.1 These Terms shall continue to apply to your use of the Website generally, however you may decide to close your Website Account. You may do so by notifying us at any time by sending an email stating such to us through our online contact form
9. Termination of your Website Account
We may at any time, terminate your Website Account if:
9.1. you have breached any provision of these Terms or The Kop Rules or any other additional usage terms on this Website (or acted in such a manner which indicates that you cannot or do not intend to comply with these Terms or The Kop Rules or any other additional usage terms on this Website);
9.2. we decide to no longer provide an area on the Website for users to interact and/or access the LFC Content (which could be for commercial reasons);
9.3. we are required to do so by law;
9.4. despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
9.5. we no longer want to offer this service to you.
10. Terms held to be invalid or unenforceable
10.1. If any provision of these Terms is held to be invalid or unenforceable by a court of law with jurisdiction to decide on this matter, then such provision shall be removed from these Terms without affecting the rest of these Terms, and the remaining provisions shall continue to be valid and enforceable.
11. Waiver of our rights
11.1. A failure by us in exercising our rights or remedies which arise under these Terms shall not be a waiver of that right or remedy, and no waiver by us shall be effective unless provided in writing and signed by us.
12. Governing Law
12.1. These Terms and your access to and use of the Website are subject to:
12.1.1. (if you are a resident in the UK) the relevant UK law, and the relevant UK Courts will have exclusive jurisdiction; or
12.1.2. (if you are not resident in the UK) then English law will apply and the English Courts will have exclusive jurisdiction.
12.2. Notwithstanding clause 11, you agree that we shall still be allowed to apply for injunctive remedies (or other types of temporary relief or legal remedy) in any jurisdiction.
13.1. We have developed a dedicated area of the Website which will allow users of the Website (aged 13 years of age and over) who have registered a Website Account, to make submissions of content. For the purposes of these Terms, all references to the dedicated area of the Website where users can make submissions ("The Kop Area"), shall include other parts of the Website where these submissions are made and displayed, if outside of The Kop Area.
14.1. Protecting the online privacy of children is especially important to us and whilst we provide access to all areas of the Website to users who are aged under 13 years of age, functionality of Website Accounts will be limited so that users who are aged under 13 years of age will not be able to make Submissions, and other areas may be restricted from time to time.
14.2. If we reasonably believe a Website Account is created by, or being used by a user under 13 years of age, we reserve the rights to terminate such Website Account without any warning and remove all Submissions made from it. Whilst we use our reasonable efforts to prevent Submissions by users who are younger than 13 years of age, we are not responsible for users who do not comply with these strict provisions of these Terms and/or lie about their age when registering a Website Account.
14.3. We want younger users to enjoy The Kop Area safely. For more information about safety online go to the reporting section.
15. Use of your Content
15.1. Certain areas of the Website (including The Kop Area) may allow you to supply Content to the Website (each a "Submission") which can be accessed and viewed by both us and other users.
15.2. By making a Submission, you acknowledge and represent that
15.2.1. you are the copyright owner of such Submission, or you have been granted the express permission of the copyright owner to make the Submission;
15.2.2. you have or have been granted the rights necessary to grant us the licences detailed at clause 15.3 below; and
15.2.3. that each person depicted in any Submission (if any) has provided you with express consent to use the Submission as envisaged in these Terms.
15.3. Notwithstanding any other provision within these Terms, by making a Submission you retain all ownership rights in the Submission, and grant:.
15.3.1. to us, a worldwide, non-exclusive, royalty-free, irrevocable, transferable licence (with rights to sub-license) to reproduce, adapt, translate, reformat, display and/or distribute any such Submission (including, but not limited to, for promoting the Website and/or making the Submission available to other users of the Website) without acknowledging the source; and
15.3.2. to any user of the Website, a worldwide, non-exclusive, royalty-free, irrevocable, licence to access your Submission through the Website, and to use, reproduce, display such Submission to the extent as permitted by the Website functionality and these Terms.
15.4. You understand and acknowledge that no sum (including compensation) will be paid to you with respect to the use of your Submission and that we shall be under no obligation to use all or part of the Submission either on the Website or for any other reason.
15.5. If you do not want to grant us the permission set out above on these Terms, please do not submit or share your contribution as a Submission on The Kop Area.
16. Rules in The Kop Area
16.1. We want all users to be able to access The Kop Area and communicate with each other safely. In order for this to be possible, we have set out some rules in this clause 16, that all users must agree to and comply with, as part of these Terms. We expect you to respect other users' rights and comply fully with these Terms at all times, particularly in relation to any Submissions that you make.
16.2. To the extent that we are notified of or become aware that you have made a Submission that is in breach of these Terms, we will delete or amend it and we reserve the right to remove your Submission from The Kop Area and/or terminate your Website Account without notification, either temporarily or permanently, and to take any other action we consider appropriate, including legal action.
16.3. You agree that the following behaviour (or anything similar) in relation to any Submission is not acceptable, and you agree not to engage in any conduct throughout The Kop Area that:
16.3.1. is unlawful, offensive obscene, threatening, abusive, harassing, deceptive, fraudulent, libellous, defamatory, tortious, invasive of another person's privacy or contains explicit or graphic descriptions of a sexual nature;
16.3.2. victimises, degrades, or intimidates or expresses hatred towards another individual or group of individuals on the basis of race, ethnicity, age, gender, disability, religion or sexual orientation;
16.3.3. encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
16.3.4. that may cause any liability for us or our group companies;
16.3.5. breaches any third party's rights including, without limitation, copyright, patent rights, trade mark rights, performer's rights or rights of confidence;
16.3.6. involves the posting of personal information including user telephone numbers, email addresses or home addresses, confidential of personal information about any third party;
16.3.7. impersonates any person or entity, including us or our employees;
16.3.8. is likely to disrupt, damage or impair the functioning, stability or security of our Website, server or network;
16.3.9. involves the use of this Website for commercial purposes including the promotion and/or sale of any goods or services (including stocks, shares, financial services or pyramid schemes); or
16.3.10. involves the posting of messages in a language other than English.
17. Monitoring Submissions
17.1. We reserve the right to, but you acknowledge that we are not under any obligation to monitor or review The Kop Area and you agree that you are entirely responsible for all Submissions that you (or a third party using your Website Account) makes available on The Kop Area.
17.2. Notwithstanding clause 17.1, we may use an external moderator and also a small team of volunteer moderators for limited periods each day, in order to ensure that all users comply with these Terms. Please appreciate that this moderation service is provided for your safety and the continued use of The Kop Area, so please help to minimise the workload of these moderators by complying with these Terms and reporting any Submissions that offend you or infringe other party's rights.
17.3. We reserve the right to edit, delete or remove without notification any Submission in The Kop Area that in our reasonable opinion fails to comply with these Terms. Furthermore we reserve the right to edit, delete or remove without notification any Submission that in our reasonable opinion might infringe a third party's rights, or detract from the Website or in any way bring it, us or our name into disrepute.
17.4. If you think that any Submission, or you receive any communication in The Kop Area that does not comply with these Terms or that you consider are inappropriate, offensive, infringes your or anybody else's rights, then please contact us immediately by using the ‘Report Abuse’ or ‘Report Post’ links (located within the relevant Submission) or if the report procedure has been used without response within a reasonable timeframe, then please send an email to [email protected].
17.5. Liverpool Football Club will not be responsible for any content and Liverpool Football Club does not endorse, support or make any representations or warranties of any kind about any opinions expressed by users. Opinions expressed are those of the creator and not of Liverpool Football Club.
These are the terms and conditions (the "Terms") for subscribing to the Premium Content Site (the "Premium Content Site"). The Premium Content Site is provided to you, the subscriber ("you","your") on the basis that you pay the Fee (in the manner detailed below) and accept the terms of this contract. It is a legal agreement and it sets out the rights and obligations of you and Liverpool Football Club including its agents and group companies ("we", "us", "our"). By clicking the "AGREE" box and filling in the registration form for the Premium Content Site you are agreeing to be bound by these Terms.
To the extent that these Terms conflict with the general Terms and Conditions of use of the Liverpool FC Website ("General Terms") the order of priority shall be: (i) these Terms ; then (ii) General Terms.
The Premium Content Site
We provide you with access to various features and services within the Premium Content Site including audio/video coverage of pre and post-match press conference, matchday chat, enhanced commentary service with live stills slide show, webcams, seven channels of video streaming including Premiership highlights and goals, Behind the Scenes interviews and documentary footage as well as highlights of the 60s, 70s, 80s and 90s. As part of the Premium Content Site we will provide access to certain video and audio footage, photographs, text images, statistics, logos and other media and intellectual property related to the Liverpool Football Club. All design, text, graphics, footage and the selection or arrangement thereof are the copyright of us or our respective licensees. We may from time to time modify or discontinue the Premium Content Site without giving you notice. We reserve the right to refuse to accept your subscription application.
The Premium Content Site may be subject to territorial and/or time period restrictions. For example, certain content may only be available when accessing the Premium Content Site from within certain countries and certain content may only be available for set periods. We may change the way in which we provide access to the Premium Content Site and will use reasonable endeavours not to make changes that materially adversely affect you during any Service Period for which you have already paid the Fee at the relevant time, unless it is beyond our reasonable control (for example but without limitation for legal or regulatory reasons).
The LFC Content (as defined in section 6 of Part A of these Terms and Conditions), which shall include but not be limited to all content on the Premium Content Site, the live stream of the LFCTV television channel and the range of on-demand Liverpool Football Club related content, is owned by or licensed to us and all rights in and to the aforementioned are reserved to us.
Your use of the Premium Content Site
The Premium Content Site is to be used by only one individual per username. In order to use the Premium Content Site or access the content, you must (a) obtain access to the World Wide Web and pay any service fees associated with such access; (b) provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other necessary access device: we recommend that you use the preview page to ensure that you can access content satisfactorily (c) use a modern browser which supports HTML 5 video (for example, Chrome, Safari, Firefox, Opera, Edge or the latest version of IE). Your use of the Software is subject to the terms of the licence granted to you by the licensor. We are not providing and are not responsible for the Software, or for any problems caused by the Software, computer hardware or computer operations systems.
Your right to use the Premium Content Site is personal to you. You are wholly responsible for the use of the Premium Content Site by any person using your terminal or point of presence and you are responsible for ensuring that any such person also fully complies with these Terms. You agree to use the Premium Content Site in a manner consistent with any and all applicable laws and regulations in the country from which you have accessed the Premium Content Site.
You must not (nor authorise or permit any other party to):
- (a) abuse the Premium Content Site or use it for any unlawful purpose;
- (b) transmit any computer viruses or any other disruptive or harmful contaminants through the Premium Content Site;
- (c) use the Premium Content Site in a way that may cause it and/or any equipment used by us to provide the Premium Content Site (together the "System") to be interrupted, damaged, rendered less efficient or impaired;
- (d) store your password anywhere on a computer in plain text;
- (e) use the Premium Content Site in any manner which violates or infringes the rights of any person, firm or company (including without limitation rights of intellectual property, confidentiality or privacy);
- (f) reproduce, modify, distribute, alter, disassemble, decompile, reverse engineer or publish any of the content of the Premium Content Site without our prior written permission although you may electronically copy and print in hard copy portions of the Premium Content Site for your personal use only and not for any commercial gain;
- (g) sell, assign, transfer or delegate all or any of your rights and obligations to another person or entity, or share use of the Premium Content Site or any content contained within it.
Your subscription to the Premium Content Site shall be for the period of time notified to you or selected by you when you sign up (“Service Period”).
You warrant that the information which you provide when you register is true, accurate and complete in all respects and you agree to notify us immediately of any changes by amending your details using the 'My Account' site function.
On registration to the Premium Content Site you will be required to enter a user name (you should ensure that it is not possible to personally identify you from your choice of user name) and password. You must keep the password secure and not disclose it to any other person. If it becomes known by a third party, you must immediately change your password using the 'My Account' site function. We are not liable for any loss or damage arising from your failure to comply with this obligation.
The Premium Content Site may in some regards integrate with third party services or platforms, such as Google+ and Twitter. You may be permitted to access the Premium Content Site (or other shared functionality) via your registration with such third party service. These third party services or platforms generally require you to have a separate account and/or registration with them and the terms on which they engage with you and share information or data with us will vary between service and platform. We therefore suggest you make yourself aware of their own terms and conditions before you associate your activity on the Premium Content Site with those services or platforms.
You must pay the subscription fee (the "Fee") applicable to the Service Period you have subscribed for, in accordance with the fee plan notified to you at the time of registration. Unless otherwise stated, charges are exclusive of VAT and any other taxes applicable from time to time, for which payment you shall be liable. If you signed up for the Premium Content Site as part of a free trial (which may periodically be offered or withdrawn at any time by us at our sole discretion), whilst we will not charge you for such free period, it is possible that your available credit limit may be affected and we or our third party payment provider will authorise payments for future Service Periods after the expiry of the free period. At the end of such free period the Fee will become payable for all subsequent Service Periods which you have subscribed for when you signed up to the free period (unless you cancel your subscription prior to the end of the free period).
(a) Credit/Debit card
The Fee will be automatically billed against the credit/debit card number that you provide in the registration form. Payment may be made by any of the following credit, debit or prepaid cards: Visa, Mastercard or Visa Delta. Multiple authorisation attempts may be made if the first attempt to process the Fee fails (including when we process a Fee for any renewal of the Service Period as described below) but we reserve the right to suspend or terminate your access to the Premium Content Site until payment is received.
(b) Direct Debit (but only to the extent we permit this payment option as indicated at the point of registration)
If we offer direct debit as a payment method and you elect to pay by direct debit we will debit the bank account which you provide the details of in the registration form. The amounts to be debited will be as set out in the fee plan notified to you. If at any time the debit instruction fails we shall use our reasonable endeavors to notify you by email and reserve the right to suspend or terminate your access to the Premium Content Site until payment is received. Multiple authorisation attempts may be made if the first attempt to process the Fee fails (including when we process a Fee for any renewal of the Service Period as described below).
You can purchase a Voucher from several outlets including the On-Line Store (click here for details ). The Voucher contains instructions on activating your access to the Premium Content Site.
(d) Cheque/Postal Order
You may elect to pay by cheque or postal order. In order to do so please click here for details on how to pay: We will endeavor to process your payment within 14 days of receipt of your payment. We do not accept any responsibility for payments which are not received by us or accepted by your bank.
We will notify you by email that we have processed your payment of the Fee and inform you that you are a registered subscriber. The email message will constitute our acceptance of your subscription application. Our acceptance of your order will be deemed complete and received by you at the time and date we send the email, which time and date is specified on the email. We accept no responsibility for you not actually receiving the email, for reasons outside our control.
We may use third party payment providers to collect the Fee on our behalf and in such cases we will let you know who they are. They will ask you for the information they need to collect and process the Fee as part of the sign-up and/or renewal process. From time to time we may (acting in our discretion) migrate you from one payment system to another where you are paying the Fee by credit card, debit card or direct debit. This will happen in the background and will not materially impact your subscription, save that a different provider may show on your bank statements. Subscription renewals will continue to be taken on the usual subscription day by the new provider, other than renewals within the migration window which won’t be taken until the migration is complete. In order to complete such migration, test and update the system, and verify your payment details, a temporary “hold” will be placed against your payment card in order to generate a payment token / reference. The holding will be in respect of a nominal amount (between 1p and £1) and will be removed as soon as practicable and in any event, no later than seven (7) days of it initially being put in place.
Your subscription will be automatically renewed without notice at the end of the Service Period (and for each Service Period thereafter until you cancel) unless you have cancelled the service in the meantime. We reserve the right to increase or decrease (or change the currency of) the Fee at any time, but such increase, decrease or change in currency shall only take effect from your next Service Period. We will also use reasonable endeavours to give you at least two (2) weeks’ notice. If you do not agree to such increase, decrease or change of currency, please cancel your subscription before your next Service Period is due to start.
Cancellation and Refunds – Please read carefully as recent changes to Consumer Law affect your rights to cancel
You may cancel your subscription at any time using the 'My Account' site function.
If, on subscription, you opted to waive your right to cancel and receive your subscription benefits immediately, you will not be entitled to receive a refund of the Fee. If you have any queries as to whether you opted to waive your right to cancel, please contact us using our online contact form.
If you did not opt to receive your subscription benefits immediately and therefore retained your right to cancel, you can cancel your subscription within fourteen (14) days of the date of subscribing for the Premium Content Site and you will be entitled to a full refund of the Fee. In order to receive the refund you must contact us after cancellation using our online contact form. Any notice given by you after this fourteen (14) day period shall not be effective to entitle you to receive a refund. We will refund such sums by crediting your credit/debit card or sending you a cheque (as applicable).
Disclaimer of warranties
We are providing the Premium Content Site on an "as is" basis and make no representations or warranties of any kind with respect to the Premium Content Site or its content other than as required by law. To the maximum extent permitted by applicable law, we do not represent or warrant that access to the Premium Content Site will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted via the Premium Content Site. We do not guarantee that you will be able to access or use the Premium Content Site at times or locations of your choosing, or that we will have adequate capacity for the Premium Content Site as a whole or in any specific geographic area.
Limitation of liability
To the extent permitted by applicable law, neither we nor any of our directors, employees or other representatives will be liable for any damages (whether direct, indirect, special, consequential or punitive damages), in contract, tort or otherwise including negligence, or any other loss or income, profits, goodwill, data, contracts, arising out of or in connection with the use of (or any business interruption to or viruses alleged to have been obtained from) the Premium Content Site (or any materials contained on it). You confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Premium Content Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. We do not limit or exclude our liability for death or personal injury resulting from our negligence or for any other liability which may not lawfully be excluded or restricted.
Suspension and Termination
We may suspend or close the Premium Content Site or your access to the Premium Content Site immediately at any time in our absolute discretion if:
(a) your use of the Premium Content Site is considered abusive, excessive, or against the interests of other subscribers;
(b) your use of the Premium Content Site is considered in breach of these Terms and/or the General Terms; or
(c) a competent regulatory authority requires the Premium Content Site to be closed; or
(d) any Fee (or part of any Fee) remains outstanding for more than seven days from the due date (other than because of a fault of ours or our third party payment provider.
We may also suspend or close the Premium Content Site or your access to the Premium Content Site immediately at any time in our absolute discretion (but giving you as much notice as is reasonably practicable in the circumstances) if:
- technical or operational reasons beyond our control make this reasonably necessary; or
- we decide, in our sole discretion, to stop providing the Premium Content Site in your country of residence,
but in such circumstances if you have already paid the Fee for the Service Period in which we suspend or close the Premium Content Site, we shall refund any proportion of the Fee which you have already paid for that Service Period relating to any time during the Service Period where you have not received access to the Premium Content Site, on a pro rata basis.
From time to time, the Premium Content Site may be taken down and your access to it suspended in order for work to be carried out relating to the upgrading or maintenance of the System as necessary for the provision of the Premium Content Site. We shall give as much notice as is reasonable in the circumstances and shall endeavour to ensure that such works are carried out as expeditiously as is possible in the circumstances.
Licence to download material
We grant you a non-exclusive, non-assignable, and non-transferable licence to use and display, for personal use only, one copy of any material that you may download from the Premium Content Site, including, but not limited to, any files, codes, audio, or visual images incorporated in or generated by the Software (collectively "Downloaded Material") provided, however, that you maintain all copyright and other notices contained in such Downloaded Material to any third party. You acknowledge and agree not to sublicense, assign, or otherwise transfer this license or the Downloaded Material. You also agree not to alter, disassemble, decompile, reverse engineer, or otherwise modify the Downloaded Material.
You agree to fully indemnify us immediately on demand against all claims, liability, damages, costs and expenses, including legal fees, arising out of:
(a) any breach of these Terms by you (or any other user who accesses the Premium Content Site using your user name);
(b) any misrepresentation, act or omission made by you in connection with your use of the Premium Content Site; or
(c) claims brought by third parties arising from or related to your access or use of the Premium Content Site,
or any other liabilities arising out of your or their use of the Premium Content Site and/or the System. You shall provide us with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
You may be subject to taxes on your registration, which are levied in respect of the Premium Content Site. These duties and taxes plus any additional administrative charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs and taxation policies vary widely from country to country; you should contact your local customs or tax office for further information.
Any notices we send will be sent to the email address you supply during the registration process. Any notices you send us should be sent through our online contact form /fans_forum/contact/. Notices will be deemed to have been delivered at the time and date of sending of the email, which time and date are specified in the email. If we fail to exercise or enforce any right we have under these Terms such failure will not be deemed to be a waiver of that right nor will it prevent us exercising or enforcing that right on a later occasion. If any part of these Terms are found unlawful or unenforceable, they will be deemed deleted, but nothing shall affect the validity of the rest of the terms and conditions which will continue to apply to you. We will not be liable to you for any breach of these Terms by us due to any cause beyond our reasonable control. We reserve the right to vary and/or update these Terms from time to time without notifying you. Updated Terms will be posted on the homepage of the Liverpool FC Website and can be viewed by you at any time. We recommend you check the Liverpool FC Website regularly to ensure you are aware of any changes. Changes to the Terms will be deemed to have been accepted by you if you continue to use the Service after a period of one week from the date the updated Terms are posted in the manner set out above. We may assign or transfer all or any of our rights and obligations under these Terms to a group company or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Liverpool FC Website. You may not assign or transfer all or any of your rights and obligations under these Terms to any other person or third party. These Terms, along with the General Terms, constitutes the entire agreement between us and you with respect to this subject-matter and excludes any representations or warranties previously given or made other than any fraudulent misrepresentation and it may be amended only by us on notice to you. These Terms and your access to and use of the Liverpool FC Website and the Premium Content Site are subject to the laws of England and Wales and you submit to the exclusive jurisdiction of the courts of England and Wales. If you wish to make any suggestions or complain about any matter in respect of this Site please contact us through our online contact form.
ACCEPTANCE OF THE TERMS AND CONDITIONS
You hereby acknowledge that you have read and agree to be bound by the above Terms for subscription to Premium content as well as the General Terms and Conditions.