These are the terms and conditions for Digital Membership:
1. Digital membership
1.1 Arsenal Broadband Limited (“ABL”) and The Arsenal Football Club PLC (the “Club” and together with ABL, “we”) provide you with the option to sign up to become a digital member of the Club (each, a “Digital Member”). As a Digital Member, you will benefit from (i) the right to access Arsenal Player, and (ii) the right to receive certain correspondence via email, in accordance with these Terms and Conditions.
1.2 There are two ways in which you may become a Digital Member. These are either:
1.2.1 registering via http://www.arsenal.com on the relevant registration page (each, an “Online Member”); or
1.2.2 by being a member of an Arsenal Football Club membership scheme (each, a “Club Member”).
1.3 These Terms and Conditions will supplement each Club Member’s membership terms and conditions.
2. Use of Arsenal Player
2.1 We provide each Digital Member with access to various features and services within Arsenal Player. Some aspects of Arsenal Player may be provided by third parties in accordance with their terms and conditions, which are separate from these Terms and Conditions.
2.2 As part of Arsenal Player, you will be able to access certain video and audio footage, photographs, text images, statistics, logos and other media and intellectual property related to us. All design, text, graphics, footage and the selection or arrangement thereof are protected by copyright, trade mark and/or other proprietary rights owned by or licensed to us. We may from time to time modify Arsenal Player without giving you notice.
2.3 On entry to Arsenal Player:
2.3.1 as an Online Member, you will be required to enter your user name (which will be your nominated email address) and password; and
2.3.2 as a Club Member, you will be required to enter your membership number and password.
2.4 You must keep your password secure and not disclose it to any other person. If it becomes known by a third party:
2.4.1 Online Members must inform ABL by sending an email to firstname.lastname@example.org; and
2.4.2 Club Members must inform ABL via http://www.arsenal.com/tickets/contact-the-box-office. We are not liable for any loss or damage arising from your failure to comply with your obligation under this Clause 2.4.
2.5 Arsenal Player is to be used by only one individual per user name or membership number (as applicable). In order to use Arsenal Player 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, such as a computer and modem or other necessary access device; (c) have the necessary software installed on your terminal or mobile (such as Adobe Flash for access via a computer terminal) (the "Software"). 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.
2.6 Your right to use Arsenal Player is personal to you. You are wholly responsible for the use of Arsenal Player 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 Arsenal Player in a manner consistent with any and all applicable laws and regulations in the country from which you have accessed Arsenal Player.
2.7 You must not (nor authorise or permit any other party to):
2.7.1 abuse Arsenal Player or use it for any unlawful purpose;
2.7.2 use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses Arsenal Player in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
2.7.3 access Arsenal Player for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of Arsenal Player;
2.7.4 transmit any computer viruses through Arsenal Player;
2.7.5 use Arsenal Player in a way that may cause Arsenal Player and/or the set and equipment used by ABL to provide Arsenal Player (the "System") to be interrupted, damaged, rendered less efficient or impaired;
2.7.6 store your password anywhere on a computer in plain text;
2.7.7 use Arsenal Player 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);
2.7.8 reproduce, modify, distribute or publish any of the content of Arsenal Player without ABL’s prior written permission although you may electronically copy and print in hard copy portions of Arsenal Player for your personal use only and not for any commercial gain; or
2.7.9 sell, assign, transfer or delegate all or any of your rights and obligations to another person or entity, or share use of Arsenal Player or any content contained within it.
2.8 You confirm that you either:
2.8.1 are 12 years old or over; or
2.8.2 under 12 years old and have the consent of your parent or legal guardian for your Digital Membership. You will be asked to input your date of birth on registration for Digital Membership and, to the extent you are under 12 years old, you will also be asked to confirm that you have the consent of your parent or legal guardian. You represent that you have completed this information accurately.
3.1 We shall send you via email:
3.1.1 a welcome message on registration for Arsenal Player;
3.1.2 a monthly e-newsletter (the “Monthly e-Newsletter”); and
3.1.3 other correspondence, (together, the “Correspondence”) each on dates selected by us.
3.2 You may opt out of receiving the Monthly e-Newsletter by following the instructions on the bottom of the previous Monthly e-Newsletter.
4. Disclaimer of Warranties
4.1 We provide you with access to Arsenal Player and the Correspondence (together, the “Digital Service”) on an "as is" basis and make no representations or warranties of any kind with respect to the Digital 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.
4.2 We do not warrant that the Digital 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 Arsenal Player, except to the extent required by law.
5. Limitation of Liability
5.1 Neither us, 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 the Digital Service. You confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Digital Service. This limitation of liability (to the extent permitted by law) 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.
5.2 We do not limit or exclude our liability for death or personal injury resulting from our negligence.
6. Suspension and Termination
We may suspend, terminate or refuse to grant you access to the Digital Service (or any part of the Digital Service) at any time in our absolute discretion. Circumstances in which we are likely to exercise are discretion include, without limitation, if:
6.1.2 a Club Member’s membership of an Arsenal Football Club membership scheme expires or is terminated for any reason; or
6.1.3 a competent regulatory authority requires all or any part of the Digital Service to be suspended or terminated.
7. Cancellation or renewal of monthly or annual subscriptions
7.1 You may cancel your membership at any time by sending an email to email@example.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.
7.2 If your subscription to Arsenal Player expires or is terminated for any reason, you will not be able to renew such subscription.
8. Maintenance of Arsenal Player
From time to time, Arsenal Player 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 Arsenal Player. 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.
9. Licence to download material from Arsenal Player
9.1 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:
9.1.1 receive as part of the Correspondence; or 9.1.2 download from Arsenal Player, including, but not limited to, any files, codes, audio, or visual images incorporated in or generated by the software, (collectively "Material"), provided, however, that you maintain all copyright and other notices contained in the Material.
9.2 You acknowledge and agree not to sublicense, assign, or otherwise transfer this license or the Material. You also agree not to alter, disassemble, decompile, reverse engineer, or otherwise modify the Material.
10.1 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 Arsenal Player with you username or membership number (as applicable)) or any other liabilities arising out of your or their use of the Digital Service and/or the System.
10.2 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.
11. Miscellaneous provisions
11.1 If we fail to exercise or enforce any right it has under these Terms and Conditions such failure will not be deemed to be a waiver of that right nor will it prevent us from exercising or enforcing that right on a later occasion.
11.2 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.
11.3 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 http://www.arsenal.com and can be viewed by you at any time. ABL and the Club recommend you access http://www.arsenal.com 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 Arsenal Player after a period of one week from the date the updated Terms and Conditions are posted on http://www.arsenal.com.
11.4 We may assign or transfer all or any of our rights and obligations under these Terms and Conditions to a group company(ies) or other third party(ies). In the event of assignment or transfer, notification will either be given to you by e-mail or posted on http://www.arsenal.com.
11.5 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.
11.7 These Terms and Conditions and the Digital Service are subject to the laws of England and Wales and you submit to the exclusive jurisdiction of the courts of England and Wales.Copyright 2013 The Arsenal Football Club plc. Permission to use quotations from this article is granted subject to appropriate credit being given to www.arsenal.com as the source 30 Jul 2013