USE OF “LEEDSUNITED.COM” WEBSITE
1. Terms of Website use
www.myleeds100.com (the “Website”) is a website operated by Leeds United Football Club Limited (“LUFC”,”we”, “us”, “our”). We are a company registered in England and Wales under company number 06233875 and have our registered office at: Elland Road Stadium, Elland Road, Leeds, LS11 0ES
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 including LUTV, additional usage terms 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.
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 LUFC will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
3.2.1 for any direct loss;
3.2.2 for any indirect, special or consequential loss; or
3.2.3 for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
3.2.4 any loss or damage which may be incurred by you as a result of:
18.104.22.168 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;
22.214.171.124 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;
126.96.36.199 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);
3.3 The limitations of liability in Clause 3.2 above apply even if LUFC has been expressly advised of the potential loss.
3.4 Any expressions of opinion or statements of fact made by persons or organisations on the Website are made by those entities in a personal capacity and shall not be construed as being authorised by, or approved by LUFC. The Website is an innocent disseminator of information.
3.5 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.
3.6 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
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 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.
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 (“LUFC Content”).
6.2. You are permitted to download, print or copy any LUFC 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 LUFC Content in any other manner.
6.3. We reserve any other uses of, and rights in, the LUFC Content so you must ask our prior permission for these as set out above. We will not always be able to give our consent.
6.4. For certain LUFC Content (such as access to LUTV) or where our suppliers have required us to do so, separate and/or additional usage terms apply and these are set out later in separate Terms and Conditions .
6.5 You must not, nor try to, make mass, automated or systematic extractions of the LUFC 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 LUFC Content.
7. Terms held to be invalid or unenforceable
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.
8. Waiver of our rights
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.
9. Governing Law
9.1. These Terms and your access to and use of the Website are subject to:
9.1.1. (If you are a resident in the UK) the relevant UK law, and the relevant UK Courts will have exclusive jurisdiction; or
9.1.2. (If you are not resident in the UK) then English law will apply and the English Courts will have exclusive jurisdiction.
9.2 Notwithstanding clause 9.1, 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.
10. Materials submitted to LUFC
By submitting any materials in connection with the Club’s crest via the email address (email@example.com) or otherwise, you agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions or other materials (including the intellectual property in such works or materials) submitted or offered to Leeds United (“Submissions”) shall be treated as non-confidential and not proprietary to you and shall become, and remain, Leeds United property to be used for its marketing, promotional, branding and commercial purposes, and without payment, royalty or other consideration. Your participation in, or disclosure of, any Submission provides Leeds United with the permission to edit, alter, copy, exhibit, publish, or distribute the Submission for any lawful purpose. You warrant that the Submission is original and has not been copied wholly or substantially from any other designs or works and that the use or reproduction of the Submission will not infringe the copyright or any other intellectual property rights of any third party. You waive the right to inspect or approve the finished product where the Submission appears. By your Submission, you confirm that you (i) have read and understand the above terms and (ii) are at least 18 years of age, or, if under 18 years of age, have obtained the consent of your parents / guardians.
LEEDS UNITED FOOTBALL CLUB LIMITED
Company Number 06233875
TERMS AND CONDITIONS OF USE OF LUTV AND OTHER SUBSCRIPTION SERVICES
1. About us
www.leedsunited.com (the “Website”) is a website operated by Leeds United Football Club Limited (“LUFC”,”we”, “us”, “our”). We are a company registered in England and Wales under company number 06233875 and have our registered office at: Elland Road Stadium, Elland Road, Leeds, LS11 0ES
2.1 LUFC provides an online video service known as LUTV offering (among other things) streaming of sporting events (both live and on-demand), highlights of such events and other related content (collectively “Content”) available on the Website, the delivery of which is subject to certain restrictions (including, but not limited to, certain territorial restrictions). The video service, including the Content and the video player, and any other features, tools, applications, materials or other services offered on the Website (or via any other platform (including, but not limited to applications for mobile devices and third party platforms such as Facebook) and all references to Website herein shall be read to include such platforms) from time to time operated by LUFC and are referred to collectively as the “Services”.
2.3 We may change these Conditions from time to time. We will post the updated Conditions on the Website, and they will take effect immediately. Your ongoing use of the Website after these Conditions have changed will be treated as your acceptance of the updated Conditions, so you should check these Conditions regularly. 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 these Conditions and this Clause shall apply to those updates also.
2.4 In the event of any conflict between these Conditions 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.
In ticking the box and accepting the Conditions on the subscription or registration page, you are entering into a legally binding contract with LUFC to purchase the Services. The contract is conditional on payment being authorised by your card issuer or your subscription code or promotional code being valid (if applicable) and is at all times subject to these Conditions.
4. Price and Payment
4.1 Our prices only cover access to the Services. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All our prices are inclusive of UK VAT (or any similar tax in any other territory or jurisdiction) at the rates in force from time to time. Except in the case of manifest error, the prices payable for the Services that you order are as set out on this website at the time at which you place your order.
4.2 Payment for Services must be made by MasterCard, Visa, Visa Delta JCB cards or PayPal or Direct Debit mandate or promotional or subscription code (as indicated in each case). You confirm that the credit/debit card or bank account or code which is being used is yours, or that you have the authorisation of the card or code holder to use it. All account and credit/debit card holders are subject to validation checks and authorisation by the card issuer.
4.3 LUFC reserves the right to refuse direct debit or credit/debit card payments at its reasonable discretion. LUFC will process your payment on a secure site.
5. Duration and Termination
5.1 You may cancel your subscription for the Services by sending an e-mail to customer services at the following e-mail address: firstname.lastname@example.org
You may cancel your subscription to the Services at any time prior to the expiry of your subscription period, but you will continue to have access to the Services for the duration of your subscription period. We do not refund any subscription fees paid in case of your cancellation. When you acquire a subscription, you acknowledge and agree that for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 (or any similar legislation in any other relevant jurisdiction) (the “DSRs”), the provision of Services pursuant to such subscription shall commence immediately upon you initially logging in (or being logged in) to your account on the Website and accordingly, any cancellation rights under the DSRs shall not apply to such transaction.
5.2 You can cancel your free trial (where no payment has been taken and you are able to access subscription products) at any time prior to the end of the relevant free trial period and your credit/debit card will not be charged. The exact length of the free trial period will be stated at the time of purchase. However we will not issue a refund if you request cancellation and a refund after your free trial period has ended and/or your credit/debit card has been charged for the relevant month, year or relevant period.
5.3 LUFC may terminate this agreement with immediate effect and by written notice at any time if you commit a material breach of this agreement (without limitation to the foregoing any breach of clause 4 or 8 will be considered to be a material breach) or if you do not fulfil any of the technical requirements established in the Help Section of the Website.
5.4 In addition, LUFC may terminate this agreement on one calendar months’ notice. If LUFC terminates the agreement other than as a result of your breach or technical non-compliance, you will receive a refund of the amount you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.
6. Technical Requirements
6.1 you are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services.
6.2 In the event that LUFC reasonably determines that you do not meet these requirements LUFC reserves the right to refuse the provision of Services to you. In such a case you will be entitled to a refund of any sums paid as provided for in clause 4.
6.3 LUFC will use its reasonable endeavours to ensure that the Services are made available to you at all times. However, this Website is provided on an “as is” basis.
6.4 In particular, the image and sound quality of the Services may vary, whether due to congestion on the internet or telephone lines or otherwise. The Services may not be uninterrupted, timely, secure or error-free.
6.5 From time to time we will need to close the Website and suspend the Services to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the constraints described above, LUFC will carry out the Services with reasonable care and skill. Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer.
7. Technical Support and Contacting LUFC
7.1 You can contact LUFC whether to discuss technical problems or trace your subscription, or for any other reason by emailing to LUFC as described below. In all instances, please be ready to give your customer ID, e-mail, product details, last transaction ID, postcode or other data that LUFC may require from you in order to assist you or to identify your subscription (if applicable).
7.2 If you subscribe to the Services, you should notify us immediately if any of your details change by logging on to the Service and updating these details in the My Account section or by e-mail tocustomerservices@LUFCgroup.com
7.3 Any notice given by LUFC can be given by post or email to the most recent postal or email address we hold for you. Transmission or postal failures are at your risk, and we cannot be responsible for non-receipt of messages we send you.
8. Your use of the Services
8.1 We are the owner or licensee of all intellectual property rights on this Website and in the material published on it, (including by not limited to) the design, text, graphics, footage, images and other feed you receive (and any selection or arrangement) are subject to the copyright of LUFC and/or others. You agree that you will:-
8.1.1 Use the Services for non-commercial purposes only without making any gain and that you will not permit any other person or persons to use the Services. This means, for example, that you must not charge for viewing of the Services and that you cannot use the Services to attract others to buy goods or Services from you or anyone else;
8.1.2 At any given time, only view the Services via a permitted device and never permit any other person to access the Services. You must keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others;
8.1.3 Not copy, record or store all or any part of the Services (other than on a purely transitory basis to permit you to view them) or divert, re-transmit or otherwise distribute all or any part of the Services to any person, or authorise, enable or procure any other person to do any of the above;
8.1.4 Not alter, disassemble, decompile or reverse engineer any part of the Services;
8.1.5 Not view the Services in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so; and
8.1.6 Not abuse this Website or use it for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the site, or using the site in a manner which violates or infringes the rights of anyone else). As well as our right to terminate for breaches by you we may suspend the Services (or your access to them) if your use of them is abusive, excessive or against the interests of other subscribers or in breach of these Conditions or if we are requested to do so by a regulatory authority.
9. Message Features and Content Use
9.1 Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with this section. You undertake that any such contribution complies with those standards.
9.2 Our Website may offer opportunities for you to transmit messages in connection with various features including email, message boards and chat rooms (“Message Features”).
9.3 Where we do provide any Message Features, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). However, we are under no obligation to oversee, monitor or moderate any Message Features we provide on the Website. We are an innocent disseminator of information and we expressly exclude our liability for any loss or damage arising from the use of any Message Features by a user in contravention of our content standards, whether the service is moderated or not.
9.4 You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message (“Message”) in connection with any Message Feature that is discriminatory, offensive, constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law, infringes the rights of third parties, contains any information of a commercial nature, contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful programming routine or in any way adversely affects, restricts or inhibits any other user from using and enjoying the Website.
9.5 Failure to comply with this acceptable use policy constitutes a material breach of the Conditions, and may result in the immediate, temporary or permanent withdrawal of your right to use the Website.
10. Children and Young People
The Services are primarily aimed at users who are over the age of 18. There are however no barriers to those under 18 accessing the Website or registering as users. Users under 18 should only use the Services with the permission of a parent or guardian. The parents or guardians of anyone under 18 using the Website should review these Conditions carefully.
11.1 You agree to indemnify LUFC and any affiliates of LUFC and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
11.1.1 any misrepresentation, act or omission made by you in connection with your use of the Services or the Website;
11.1.2 any non-compliance by you with these Terms; or
11.1.3 claims brought by third parties arising from or related to your access or use of the Website and/or the Services, including without limitation the Message Features or other information made available by you to the Website.
12.1 Unless agreed otherwise in writing, the maximum liability of LUFC to you arising by reason of or in connection with the supply of the Services to you shall be limited to the amount paid by you in respect of the Services (“Payment Amount”). LUFC shall not in any event be liable to you for: (i) any direct loss in excess of the Payment Amount; or (ii) any corruption to data or any indirect or consequential loss whatsoever even if it has been advised of the possibility of such loss or should reasonably know of such loss. Nothing in these conditions shall exclude or limit the liability of LUFC for death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
12.3 Commentary and other materials posted on the Website are not intended to amount to advice or statements of fact or opinion on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
From time to time, we (or selected third parties) may include votes, competitions, promotions or other offers on the Website. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.
14. Force Majeure
LUFC shall have no liability to you for any delay or failure to deliver the Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of LUFC including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Services), telephone or other inter connect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
No waiver by LUFC shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
16. Third Party Rights
Except as provided in these Conditions no person who is not a party to the contract governed by these Conditions has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
17. Governing Law
17.1 These Conditions shall be exclusively governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.