Terms and conditions

March 17th, 2008

TERMS & CONDITIONS (THE “TERMS”)

These are Our Terms which you should read before you use Our Site. These Terms are a legally binding agreement between Team England (“We/Us/Our”) and you. They will govern the relationship between you and Us and everything that you do on www.teamenglandfootballerscharity.com (the “Site”). If you do not accept the Terms, you should not view, access or otherwise use any part of the Site.  In such a case, please leave this Site now.  This Site is operated and hosted by 1966 Entertainment Limited for Us and materials on the Site are primarily owned by or licensed to Us. The Charities Aid Foundation (“CAF”) have established a CAF Trust Account under the name “Team England Footballers Charity”. CAF is a non-profit making organisation and a registered charity (registration number 268369).

1.    Acceptance of Terms

1.1    These Terms govern your use of the Site and the information that We make available to you on the Site. These Terms do not govern any other relationships with any third party, including with CAF.  You accept that you will be bound by these Terms and any changes that may be made to them from time to time.
1.2    We may update these Terms from time to time and it is your responsibility to ensure that you are aware of their content at all times.  Please note that your continued use of the Site will indicate your acceptance of any such updated Terms.
1.3    You agree that you will only use the Site in such a way that adheres to these Terms.
1.4    You hereby confirm that you have obtained the consent of the account holder for the relevant telephone line, and of the person who pays the bill associated with that telephone line, prior to accessing the Site.  You are responsible for obtaining all necessary equipment to enable you to access the Site.
1.5    This Site is hosted in the United Kingdom and these Terms are governed by English law.

2.    Under 13 Years Old

2.1    If you are under 13, please ask a parent or legal guardian to read through these Terms and Our Privacy Policy before you use the Site.
2.2    Parents and legal guardians should note that to the extent that any individual for whom you are responsible causes loss or damage to any person as a result of accessing or using the Site, you agree to fully indemnify Us in full against all such claims made against Us, and any losses that We might suffer as a result.
2.3    If you are in doubt as to how anything on this Site functions or what you can or cannot do, email Us at info@teamenglandfootballerscharity.com. If you ever need help to use the Site, please ask a parent or legal guardian.

3.    Use of the Site and making a Donation

3.1    We do not warrant that this Site will be uninterrupted, error free or that any information or other material accessible from this Site is free of viruses or other harmful components.
3.2    We do not make any representation about the nature of the services and information offered by and shown on the Site. The Site is provided on an “as is” and on a “as available” basis. You assume all responsibility and risk for your use of the Site.
3.3    You may link to the home page of the Site, but may not deep-link or use frames to limit the complete and normally intended use of this Site.
3.4    If you choose to make a donation for the benefit of the Team England Footballers Charity, please click on the “Donation” link shown on the Site where you will be directed to the website for CAF. CAF operates the “Efundraising” service for the benefit of the Team England Footballers Charity.  Please note that when you click on the link to CAF, you will have left this Site and you will be subject to the terms and conditions and the privacy policy of CAF, each of which you should read carefully.

4.    Content Posted on Site

4.1    Where We have posted information on the Site, we have done so in good faith and whilst We endeavour to ensure that the information is as accurate as possible, and to update it accordingly, We give no warranties, express or implied, as to the accuracy, completeness or reliability of that information.
4.2    If you become aware of any information on the Site which you know or have good reason to suspect is untrue or incorrect in any way please let Us know by emailing Us on info@teamenglandfootballerscharity.com.
4.3    We do not make any warranty or representation in respect of the ownership or origin of any third party materials included on the Site.
4.4    You agree to release Us, Our representatives, agents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your viewing of any information appearing on the Site. If at any time you are not happy with or object to Our use of any such material, your sole remedy is to cease using it.

5.    Intellectual Property Rights

5.1    Copyright and design rights extend to the design, look and feel of Our Site, all photographs, images and text appearing on it, and to any promotional material and We assert Our Intellectual Property Rights therein.
5.2    We do not give you any right or interest in any copyright, trade mark, trading style, trade name, goodwill, design right, patent, database or software right, whether registered or unregistered (“Intellectual Property Rights”) in any text, image, logo, trade mark, table, compilation, database, software or other material in which Intellectual Property Rights subsist and which are featured on the Site because such rights or interests are owned by or licensed to Us.  All rights are acknowledged. You can use material on Our Site and you may use, replicate, copy, modify, distribute or adapt any area of the Site only to the extent expressly permitted by the Site or where We provide you with Our prior written consent.
5.3    You are granted a limited licence to download the materials contained on this Site to a single personal computer, and to print a hard copy of the materials contained on this Site, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. In all cases “www.teamenglandfootballerscharity.com” must be acknowledged as the source of the material. Use of the materials contained on this Site on any other Internet site is strictly prohibited. The grant of this limited licence is conditional upon your agreement to and compliance with all these Terms. Any other use of any of the materials on this Site including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without Our prior written permission is strictly prohibited, and is a violation of Our proprietary rights.
5.4    If you download whether free of charge or on a paid for basis any images or files, and any data accompanying such images or files (collectively, the “Downloaded Material”) then such activity is subject to the limited licence set out above. We and/or Our suppliers (as the case may be) retain all right, title, interest and Intellectual Property Rights in and to the Downloaded Material. You may not distribute, sell, or transmit the Downloaded Material and you are not permitted to alter, modify or adapt the Downloaded Material, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.
5.5    Requests for permission to reproduce or distribute materials found on this Site can be made by contacting Us in writing at Team England Footballers Charity C/0 1966 Entertainment Limited Unit 17 Ransomes Dock, 35-37 Parkgate Road or email at info@teamenglandfootballerscharity.com.

6.    Competition

6.1    Each competition that is run on the Site will have its own rules and you agree to follow those rules.  Please read them carefully before entering a competition.
6.2    Sometimes, a competition might be age-restricted.  If so, you might be refused entry on the basis of your age.  We may verify your age using Cookies.
6.3    You may be required to provide your name, date of birth and email address (“Registration Information”) and We will use such Registration Information to contact you in the event that you win a competition and/or to deliver to you your prize.  Please read Our Privacy Policy in relation to use of your personal information.
6.4    We are not responsible for any competition or game run by any third party which you access via Our Site.

7.    Disclaimer and Third Party Sites

7.1    We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on such sites, nor that they will be free of viruses or other harmful content. We do not endorse any of the merchandise, nor have We taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party and You hereby irrevocably waive any claim against Us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

8.    Guarantees and Liability

8.1    To the fullest extent permitted by applicable laws, neither We nor any of Our representatives, agents or affiliates will be liable for any loss or damages (whether direct or indirect and whether caused by negligence or otherwise) arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this Site, including, but not limited to, indirect, special or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties (even if We have been advised of the possibility of such loss or damages, or that such loss or damages were reasonably foreseeable) and loss or damage due to viruses that may infect your computer, software, or other data on account of your access and use of this Site, or any site which is linked to this Site. Nothing in this clause shall limit or exclude any liability for death or personal injury resulting from negligence.
8.2    Except as provided above, We give no other representations, warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law, subject to your statutory and common law rights which remain in full force and effect.
8.3    You agree to defend, indemnify and hold harmless Us, and Our representatives, agents and affiliates from and against all liabilities, claims, damages, costs and expenses (including legal fees), arising out of your use of the Site; any material you post, upload, e-mail or otherwise transmit using the Site; or your violation, breach or alleged violation or breach of these Terms, or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

9.    Termination

These Terms are effective until terminated by either party. You may terminate these Terms at any time by discontinuing use of Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. Your access to the Site may be terminated immediately without notice from Us if in Our sole discretion you fail to comply with any term or provision of these Terms or any relevant law, rule or regulation. Upon termination, you must cease use of the Site and destroy all materials obtained from it and all copies thereof, whether made under these Terms or otherwise.

10.    General

10.1    If any provision of this Agreement is prohibited by law or judged by a Court of competent jurisdiction to be unlawful, void or unenforceable the provision shall, to the extent required, be severed from these Terms and shall not in any way affect any other circumstances pertaining to these Terms or the validity or enforcement of these Terms.
10.2    We may add to, change or remove any part of these Terms at any time, without notice. Any changes to these Terms (or any other terms or policies shown on this Site) apply as soon as they are shown on the Site. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms each time you use this Site, so that you can take note of any amendments We may make. We may add, change, discontinue, remove or suspend any other content displayed on this Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
10.3    The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
10.4    Our Site and these Terms are subject to the laws of England and the Courts of England have exclusive jurisdiction in respect of any disputes arising from or subject to this Agreement.