Access to Arsenal Player is governed by these Terms and Conditions which you are deemed to accept by using Arsenal Player.
1. Use of Arsenal Player
1.1 Arsenal Broadband Limited (“ABL”) provides you 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.
1.2 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 ABL and/or The Arsenal Football Club PLC (the “Club”). 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 ABL. ABL may from time to time modify Arsenal Player without giving you notice.
1.3 On entry to Arsenal Player as a subscriber, you will be required to enter your user name and password. On entry to Arsenal Player as a member of an Arsenal Football Club membership scheme, you will be required to enter your membership number and password.
1.4 If you wish to purchase a day pass, you will be required to register as an arsenal.com user. You will be required to enter your email address and password when logging in to arsenal.com as a registered user, or on any subsequent entry to Arsenal Player using a day pass.
1.5 You must keep your 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 firstname.lastname@example.org. Neither the Club nor ABL are liable for any loss or damage arising from your failure to comply with this obligation.
1.6 Arsenal Player is to be used by only one individual per user name. 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. ABL does not provide and is not responsible for the Software, or for any problems caused by the Software, computer hardware or computer operations systems.
1.7 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.
1.8 You must not (nor authorise or permit any other party to):
(A) abuse Arsenal Player or use it for any unlawful purpose;
(B) 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 the ABL 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;
(C) 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;
(D) transmit any computer viruses through Arsenal Player;
(E) 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;
(F) store your password anywhere on a computer in plain text;
(G) 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);
(H) reproduce, modify, distribute or publish any of the content of Arsenal Player without our 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
(I) 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. Payment (applicable to Subscribers and Day Pass holders only)
2.1 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.
2.2 Payment may be made by Visa, MasterCard, Direct Debit or using your PayPal account. The Fee will be automatically billed against the method of payment that you provide in the registration or day pass purchase form.
2.3 Unless otherwise stated, charges are inclusive of VAT and any other taxes applicable from time to time, for which payment you shall be liable.
2.4 It is your responsibility to update your payment details with us, if they should change during the Service Period.
3. Disclaimer of Warranties
3.1 ABL and/or the Club (as applicable) provides you with access to Arsenal Player on an "as is" basis and make no representations or warranties of any kind with respect to Arsenal Player 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.
3.2 Neither ABL nor the Club warrants that Arsenal Player 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.
4. Limitation of Liability
4.1 Neither ABL, the Club, nor any of their 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 Arsenal Player. You confirm that neither ABL nor the Club shall be liable to you or any third party for any modification to, suspension of or discontinuance of Arsenal Player. 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.
4.2 Neither ABL, nor the Club, limits or excludes its liability for death or personal injury resulting from its negligence.
5. Suspension and Termination
5.1 ABL and/or the Club (as applicable) may suspend, terminate or refuse to grant you access to Arsenal Player at any time in their absolute discretion if:
(B) your subscription to Arsenal Player, or your membership (if you are a member of an Arsenal Football Club membership scheme), expires or is terminated for any reason; or
(C) a competent regulatory authority requires Arsenal Player to be suspended or terminated.
6. Cancellation or renewal of monthly or annual subscriptions
6.1 You may cancel any subscription you have to Arsenal Player 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.
6.2 If your subscription to Arsenal Player expires or is terminated for any reason, you will not be able to renew such subscription.
6.3 If your Service Period is monthly, our 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; or (ii) fail to pay the applicable Fee for the new Service Period.
6.4 If your Service Period is annual, you will no longer be entitled to renew your subscription to Arsenal Player upon expiry of the current Service Period.
6.5 However, if you are a UK-based annual subscriber to Arsenal Player and you do not cancel your annual payment to ABL in respect of Arsenal Player, you will instead automatically become a member of the Club’s ‘Red Membership Scheme’ at the cost then applicable. We will, prior to the end of your Service Period, send you a reminder email notifying you of this.
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. ABL and/or the Club (as applicable) 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.
8. Licence to Download Material
8.1 ABL and/or the Club (as applicable) grants 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 Arsenal Player, 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.
8.2 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.
9.1 You agree to fully indemnify the Club and ABL 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 your username) or any other liabilities arising out of your or their use of Arsenal Player and/or the System.
9.2 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.
10. Miscellaneous Provisions
10.1 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.
10.2 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.
10.3 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 Arsenal Player and can be viewed by you at any time. We recommend you access Arsenal Player 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 Arsenal Player.
10.4 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 arsenal.com website.
10.5 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.
10.6 These Terms and Conditions and your access to and use of Arsenal Player 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 27 May 2011