Mobile terms and conditions

ABOUT US AND THESE TERMS AND CONDITIONS

These terms and conditions ("Terms and Conditions") apply to your use of the official Arsenal App and/or Junior Gunners App, as applicable (the "App"). Please read them carefully before using the App.

The App is provided by Arsenal Broadband Limited ("ABL"), on behalf of The Arsenal Football Club PLC ("Arsenal") (together "us", "we" or "our"). ABL is a company registered under number 4053669 in England and Wales, whose registered office is at Highbury House, 75 Drayton Park, London N5 1BU, and whose registered VAT number is 795896538. Arsenal is a company registered under number 109244 in England and Wales and whose registered office is at Highbury House, 75 Drayton Park, London N5 1BU). In these terms and conditions, "you" and "your" means you as the user of our App.

By downloading, accessing and using the App, you confirm your acceptance of and agreement to be bound by these Terms and Conditions, together with our Privacy Policy (see below). If you do not agree to these Terms and Conditions or our Privacy Policy, you should not download, access or use the App. If you are uncertain about any of these Terms and Conditions, please contact us by clicking here using the subject heading "App Terms and Conditions" (or write to us at the address set out above) and we will try to respond to your query as soon as possible. 

We recommend that you save and/or print a copy of these Terms and Conditions for future reference.

We may from time to time make changes to these Terms and Conditions so please review the Terms and Conditions whenever you use the App as any changes are binding on you from the date that we make them. The latest version of the Terms and Conditions will always be posted on our App. If you do not agree with any changes we may have made to these Terms and Conditions, you should not continue to access or use our App. 

PRIVACY POLICY

The privacy of your personal information (such as your name, e-mail address, address and other contact details) is important to us. Your use of our App is also subject to our Privacy Policy, which is incorporated into these Terms and Conditions by reference. Please see www.arsenal.com/privacy-policy for details of what information we may collect from you and how we may process your personal information.

CHILDREN 

If you're under thirteen years of age, you must have permission from your parent or legal guardian to download, access and/or use our App. If we reasonably believe that you do not have such permission, we may suspend or disable your access to and use of the App until you have provided us with acceptable proof of parental or guardian consent.

We believe that ultimately it is the responsibility of parents or legal guardians to supervise children when online and recommend that parental control tools be put in place. We advise parents and legal guardians who allow their children to access and use the App that it is important that they communicate with their children about their safety online.

GRANT OF LICENCE AND RESTRICTIONS

In consideration of you agreeing to abide by these Terms and Conditions, we grant you a non-exclusive, non-transferable, revocable, limited right to use the App on a single mobile device for personal, non-commercial purposes only and strictly in accordance with these Terms and Conditions and our Privacy Policy. We reserve all other rights.

Except as expressly set out in these Terms and Conditions, you agree:

• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
• save where expressly permitted by us to do so, not to make alterations to, or modifications of, the whole or any part of the App or Our Content (as defined below), or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
• not to remove any copyright or other proprietary notices contained in Our Content;
• not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;
• not to publicly display, perform, or distribute or otherwise use Our Content for any public or commercial purpose;
• not to transfer Our Content to any other person;
• not to use Our Content in any manner that may infringe any intellectual property right, proprietary right, or property right of us or any third party; and
• not to reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this App and/or Our Content in any way, without our prior written consent.

ACCESSING OUR APP

Access to our App is permitted on a temporary basis and we reserve the right to update, amend, suspend, withdraw, discontinue or change all or any part of our App and/or Our Content and terminate these Terms and Conditions at any time and without notice. We shall endeavour to provide constant, uninterrupted access to the App, but we cannot and do not guarantee to do so. Access to all or any part of the App may be restricted from time to time to allow for repairs, maintenance or updating. Access to certain areas and functionality of the App may also only be available if you have registered as a member of our digital membership scheme, details of which can be found on our website. We accept no responsibility for your inability to access our App arising out of circumstances beyond our reasonable control.

We have the right to disable your access to our App at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions. The suspension or cancellation of your access to the App shall not affect either party’s statutory rights or liabilities.

Please note that any of Our Content may be out of date at any given time, and we are under no obligation to update it. Whilst we take reasonable steps to ensure the accuracy of the information accessed via our App, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it.

In order to use the most up to date functionality of our App, you must download any updates we send. You will be responsible for any loss or damage you may suffer by continuing to use an outdated version of our App.

Your use of our App and enjoyment of its features and content hosted or made available through our App may vary in functionality, availability and quality depending on the type of device and operating system you use to access our App. We cannot guarantee that our App will work with all devices and/or operating systems.

INTELLECTUAL PROPERTY

This App and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together "Our Content") are protected by copyright, trademarks and other rights of intellectual property owned by us or licensed to us. Specifically, the trade marks ARSENAL, GUNNERS, the Arsenal shield, the Arsenal Soccer Schools logo, the Gunnersaurus logo and all other related service marks, trading names or other trade marks relating to Arsenal Football Club's products and services are owned by Arsenal and may not be used without their express prior written consent. 

Subject to the access restrictions described above under the ‘Accessing our App’ section.anyone accessing this App is entitled to view any part of it. However, Our Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another app, website or publication or for commercial gain without our express prior written permission.

UNACCEPTABLE CONTENT

If you find Our Content to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal, infringing of any third party rights, deceptive in any way or otherwise in breach of our content standards, please notify us by clicking here using the subject heading "Unacceptable content".

 We take complaints seriously and on receipt of your complaint we will investigate whether Our Content breaches our content standards or these Terms and Conditions and may, at our discretion, remove or block access to the relevant content. 

THIRD PARTY SITES AND CONTENT

Our App and/or Our Content may contain links to third party websites. Links do not imply that we or this App is/are affiliated or associated with such websites. Websites or pages to which this App is linked (other than other apps or websites operated by us) are for information only and have not been reviewed by us. We have no control over such third party content and do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party website and/or content and you acknowledge that any reliance on such information will be at your own risk. We have no responsibility for the content, accuracy or opinions expressed on such websites or pages and accept no liability for any losses or damage whatsoever that may be incurred as a result of any linking to the same.

VIRUSES

 We do not guarantee that the App or its server will be secure or free from bugs, errors, worms or viruses and we shall not be liable for any loss or damage you may suffer as a result of such technologically harmful material that may infect your mobile device, computer equipment, computer programs, data or other proprietary material due to your use of our App or to your downloading of any of Our Content on it, or on any website linked to it.

You agree that you will not knowingly introduce to our App viruses, trojans, worms or other matter which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App. You must not attack our App 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 our App will cease immediately.

LOCAL LAWS & REGULATIONS

We do not represent that Our Content available on or through our App is appropriate or available in all jurisdictions. We may limit the availability of our App or any service or product described on our App to any person or geographic area at any time. This App is not directed at persons in a jurisdiction where the App's publication or availability is prohibited for any reason and any person to whom such a prohibition applies must not access the App. Those who access the App do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws or regulations.

LIMITATION OF LIABILITY

Nothing in this Agreement shall exclude our liability for: (a) death or personal injury arising through negligence; (b) fraudulent misrepresentation; and/or (c) anything else that cannot be excluded or limited by us under English law.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach or statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use or, or inability to use, our App; or (b) use of or reliance on any content displayed on our App 

We expressly exclude, to the fullest extent permissible by applicable law, any liability for any loss or damage that was not reasonably foreseeable by us and which is incurred by you in connection with our App or any of Our Content. We only provide our App for private non-commercial use. You agree not to use our App 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.

To the extent permitted by law, we exclude all conditions, warranties, representation or other terms which may apply to our App or any of Our Content, whether express or implied. We also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these Terms and Conditions.

MISCELLANEOUS

These Terms and Conditions are not intended to give rights to anyone except you and us and do not create any third party beneficiary rights.

We may delay enforcing our rights under these Terms and Conditions without waiving or losing the right to do so later. If we waive a breach of any provision of these Terms and Conditions, this shall not be deemed a waiver of a subsequent breach of the same provision, or as a waiver of a breach of any other provision.

If any part of these Terms and Conditions is found to be legally invalid or unenforceable, the remaining provisions of the Terms and Conditions will remain in full effect and an enforceable term will be substituted in its place that most closely reflects the intent of the original provision.

You may not, without our prior written consent, assign or transfer any of your rights or obligations under these Terms and Conditions. Please note that you may stop using our App and terminate these Terms and Conditions at any time. We may assign or transfer our rights and obligations under these Terms and Conditions to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with us. We may also assign or transfer our rights and obligations under these terms, or sub-contract our obligations, to another legal entity, provided your legal and consumer rights are not prejudiced.

LEGAL COMPLIANCE AND APPLICABLE LAW

You shall comply with all applicable laws and regulations in connection with your use of the App and Our Content.

These Terms and Conditions are governed by the laws of England and Wales. You and we can bring proceedings in respect of these Terms and Conditions and/or your use of the App in the English courts. If you are a consumer resident in Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.