Access to this part of the Website is exclusively for users who subscribe to the Online Service and is governed by the Subscriber Terms and Conditions below which you must read and accept before subscribing to the Online Service. Please note that the Subscriber Terms and Conditions differ from the Terms of Use that govern the entire Website.
TERMS AND CONDITIONS FOR SUBSCRIPTION TO SERVICE
These are the terms and conditions (the "Terms and Conditions") for subscribing to the Online Service (the "Service"). This Service is provided to you, the subscriber ("you", "your") on the basis that you accept the terms of this contract. It is a legal agreement and it sets out the rights and obligations of you and Broadband Limited including its agents and group companies ("we", "us", "our"). By clicking the "AGREE" box and filling in the registration form for the Service you are agreeing to be bound by these Terms and Conditions.
To the extent that these Terms and Conditions conflict with Website Terms of Use the order of priority shall be: (i) these Terms and Conditions (ii) Website Terms of Use.
1.Use of the Service
We provide you with access to various features and services within this Service. Some services within the Service may be provided by third parties in accordance with their terms and conditions, which are separate from these Terms and Conditions.
As part of this Service we will provide access to certain photographs, text images, statistics, logos and other media and intellectual property related to Broken Corner Limited and/or plc. All design, text, graphics, and the selection or arrangement thereof are protected by copyright, trade mark and/or other proprietary rights owned by or licensed to Broken Corner Broadband Limited. We may from time to time modify the Service without giving you notice. We reserve the right to refuse to accept your subscription application.
You warrant that the information that you provide when you register is true, accurate and complete in all respects and you agree to notify us immediately of any changes by sending us an broken@corner.com
On registration to the Service you will be required to enter a 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 inform us by sending an email to broken@corner.com.. We are not liable for any loss or damage arising from your failure to comply with this obligation. This Service is to be used by only one individual per username. In order to use the Service 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; (c) have Windows Media Player software (the "Software") installed on your terminal. Your use of the Software is subject to the terms of the licence granted to you by the licensor. We do not provide 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 Service is personal to you. You are wholly responsible for the use of this Service by any person using your personal computer or point of presence and you are responsible for ensuring that any such person also fully complies with these Terms and Conditions. You agree to use the Service in a manner consistent with any and all applicable laws and regulations in the country from which you have accessed this Service.
You must not (nor authorise or permit any other party to):
(a) abuse this Service or use it for any unlawful purpose;
(b) make excessive use of the video streaming function Online. For the purpose of this condition, "excessive" means accessing and receiving streamed content with an aggregate runtime in excess of one hour per day.
(c) transmit any computer viruses through this Service;
(d) use this Service in a way that may cause this Service and/or the set and equipment used by us to provide this Service (the "System") to be interrupted, damaged, rendered less efficient or impaired;
(e) store your password anywhere on a computer in plain text;
(f) use this Service 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);
(g) reproduce, modify, distribute or publish any of the content of this Service without our prior written permission although you may electronically copy and print in hard copy portions of this Service for your personal use only and not for any commercial gain;
(h) sell, assign, transfer or delegate all or any of your rights and obligations to another person or entity, or share use of this Service or any content contained within it.
2.Payment
You must pay the subscription fee (the "Fee") applicable to the time period (the "Service Period") you have subscribed for, in accordance with the fee plan notified to you at the time of registration.
The Fee will be automatically billed against the credit card number that you provide in the registration form. We will notify you by email that we have debited your credit card and 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.
Payment may be made by Visa or MasterCard only.
Unless otherwise stated, charges are inclusive of VAT and any other taxes applicable from time to time, for which payment you shall be liable.
Your subscription payments will be charged automatically at the end of the Service Period, and your subscription will be continued automatically unless you (i) notify the administrators of the Service by email that you wish to cancel your subscription (see 3. Cancellation and Refunds below); or (ii) fail to pay the applicable Fee for the new Service Period. If your Service Period is annual, you will receive a reminder email prior to the automatic renewal of the Service Period to notify you that your renewal payment is due. It is your responsibility to update your payment details with us, if they should change during the Service Period.
3.Cancellation and Refunds
You may cancel your subscription at any time by sending an email to www.broken@corner.com. It is your responsibility to provide all necessary details when giving notification of cancellation including providing details of any subscription reference number. We cannot process incomplete cancellation requests. If you cancel your subscription within 7 (seven) days of the date of subscribing for this Service you will be entitled to a full refund of the Fee. Any notice given by you after this period shall not be effective to entitle you to receive a full refund.
If you wish to make any suggestions or complain about any matter in respect of this Service please contact us by e-mail. Our contact details are in the Contacts section on the homepage of the Website.
4.Disclaimer of warranties
We are providing the Service on an "as is" basis and make no representations or warranties of any kind with respect to this Service or its content including (without limitation) implied warranties as to completeness, accuracy, satisfactory quality and fitness for a particular purpose, except to the extent required by law. We do not warrant that this Service will meet your particular requirements or that it will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to results or the accuracy of any information obtained by you through the Service, except to the extent required by law.
5.Limitation of liability
Neither we nor any of our directors, employees or other representatives will be liable for damages, in contract, tort or otherwise including negligence, arising out of or in connection with the use of this Service. You confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of this Service. This is a comprehensive limitation of liability (to the extent permitted by law) 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.
6.Suspension and Termination
We may suspend or terminate this Service or your access to this Service at any time in our absolute discretion if:
(a) your use of this Service is considered abusive, excessive, or against the interests of other subscribers, or in breach of these Terms and Conditions or the arsenal.com Website Terms and Conditions;
(b) a competent regulatory authority requires this Service to be suspended or terminated.
7.Maintenance
From time to time, this Service may be closed down in order for work to be carried out relating to the upgrading or maintenance of the System or necessary for the provision of this Service. We shall give as much notice as is reasonable in the circumstances and shall endeavor to ensure that such works are carried out as expeditiously as is possible in the circumstances.
8.Licence to download material
We grant you a non-exclusive, non-assignable, and non-transferable license to use and display, for personal use only, one copy of any material that you may download from this Service, 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. 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.
9.Indemnity
You agree to fully indemnify us immediately on demand against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you (or any other user whom you permit to use the Service with your username) or any other liabilities arising out of your or their use of this Service 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.
10.Tax
You may be subject to taxes on your registration, which are levied in respect of this Service. 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.
11.General
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 to arsenaltvonline@level3.com. 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 and Conditions 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.
We will not be liable to you for any breach of these Terms and Conditions by us due to any cause beyond our reasonable control.
We reserve the right to vary and/or update these Terms and Conditions from time to time without notifying you. Updated Terms and Conditions will be posted on this Service and can be viewed by you at any time. We recommend you access the Service regularly to ensure you are aware of any changes. Changes to the Terms and Conditions 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 and Conditions are posted on the Service.
We may assign or transfer all or any of our rights and obligations under these Terms and Conditions 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 Website.
This Agreement 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 Conditions and your access to and use of the arsenal.com Website. and this Service are subject to the laws of England and Wales and you submit to the exclusive jurisdiction of the courts of England and Wales.
PRIVACY POLICY
We take privacy issues relating to users of our web sites seriously. We respect your personal information and will hold that information as required by Data Protection legislation.
This privacy policy explains what information we will collect about you, how we will use it and the steps we will take to ensure that it is kept secure. If you have any questions about this privacy policy or the privacy practices of this site you can contact arsenaltvonline@level3.com.
By using this web site you consent to us collecting and using personal information about you on the terms set out in this policy.
We may update this Privacy Policy from time to time, so please check back here regularly.
What Information We Collect
Information related to your visit to this site (such as which pages you visit, how often you visit and which competitions you enter) and the information you supply when subscribing to Online, registering for or when entering our competitions (such as your name and e-mail address) will be held and stored, limited.
How We Will Use Your Information
We will use your information to supply you with the latest information on domestic and international football, help us improve our site and to help us design competitions that most appeal to our users. We may supply aggregated statistics about the use of our site to third parties, but these statistics will not directly identify you.
We will also use your information to tell you about any of our offers, products or services that we think might interest you. From time to time, we will send you targeted advertising and marketing messages on behalf of third parties. We will also share your information with Arsenal Football Club plc and reputable third parties whose products or services we think will really interest you and those third parties will get in touch with you directly to tell you about their products or services. If you do not wish us to use your information as set out in this paragraph you should click on No in the relevant tick boxes during the registration process or email us at arsenaltvonline@level3.com.
By supplying us with your information you confirm that you do not consider use of your information in accordance with this Privacy Policy to be a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
You should be aware that if we are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide your personal details and/or information concerning your activities whilst visiting this site, we shall do so.
A cookie is a piece of information that is stored on your hard drive by your web browser. We use cookies so as to be able to build up a profile of your interests and preferences and this may be used by us to make your visits to our site more enjoyable.
How We Will Keep Your Information Secure
Keeping your information secure is very important to us. We will use all reasonable measures to safeguard your data but please note that we cannot guarantee that any data transmission over the Internet is completely secure.
To help us provide you with information relating to products and services that we think you will be interested in your data may from time to time be processed and held by third parties outside the European Economic Area.
If your information changes or if you wish us to stop using your data at any time, you can email us at broken@corner.com
Wednesday, 12 November 2008
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