End User Licence Agreement
PLEASE READ THIS EULA CAREFULLY BEFORE YOU USE THIS APP
Welcome to the official Club mobile application (“App”).
The App is operated by EFL Digital on behalf of the Club. Find out company information about the Club and EFL Digital. Any reference in this EULA to:
- “We”, “Us” or “Our” includes both EFL Digital and the Club;
- “You” or “Your” means You as a User of the App; and
- “User(s)” means all and any users or viewers of the App or services delivered or accessible through it.
We reserve the right to change the terms of this EULA from time to time. Where appropriate we may give You notice of such change. Your use of the App following a change shall be deemed to be Your acceptance of such change. Changes to any paid for service or digital content accessible through the App will only be made in accordance with the additional terms and conditions. This EULA was last updated on 4 April 2017.
If You purchase services, products or digital content through the App or Club official website, separate terms and conditions will apply to such transaction(s) and You must read those terms and conditions carefully. If there is any inconsistency between this EULA and those applicable terms and conditions, the terms and conditions for the product, service or digital content will apply.
The ways in which you can use the App (and associated documentation) may also be controlled by the rules and policies of the relevant app store from which you downloaded the App, such as AppStore or Google Play.
This App requires an Android or iPhone/iPad device with a minimum of 70mb available memory for installation of the App and iOS 8.0 or Android 4.0 (or above) operating system.
If you have any questions or complaints about the App or the ‘iFollow’ service delivered through it, please contact us. Our customer service team can be contacted at iFollow@efl.com.
1. The App
1.1. Download, and basic level access and use of the App is provided free of charge (except for certain restricted areas and content - see section 6 and any additional terms and conditions relating to such areas and content). Access and use is permitted on a temporary basis, in return for you complying with this EULA.
1.2. We reserve the right to withdraw or amend any free service(s) provided on the App without notice. We do not guarantee the App will be available without interruption and will not be liable if for any reason the App is unavailable at any time or for any period. We aim but are not obliged to update the App regularly, and may change the content at any time. If the need arises, We may suspend access to the App, or close it indefinitely. See section 7 and 9 below for further information. This is however subject to the terms and conditions for any paid-for services or digital content delivered through the App and does not affect your rights in relation to the same.
1.3. You are responsible for using Your own virus protection and security software when using the App and lawfully installing any necessary software on and otherwise configuring Your device so as to access, view content on and interact with the App.
2.2. We may ask Users to confirm their age before accessing certain services or digital content through the App, and children or young people may be required to verify through their parent or guardian.
2.3. Some of the facilities or functions accessible through the App (including betting facilities advertised or accessed through it) are not intended to be accessible by, or actively advertised to, minors.
2.4. Parents or legal guardians should supervise minors when online and we recommend parental control tools be put in place. Any minor using the App and services or digital content offered is confirming that they have received the consent of their parent or a guardian to do so.
3. Links from the App
This App may contain links to other websites and resources provided by third parties. We control the official Club website, but only the Club controls its ticketing, merchandise and hospitality sales website and only EFL Digital controls the official EFL website. Other than that We have no control over the content of websites linked to from within the App and accept no responsibility for them nor for any loss or damage that may arise from Your use of them. We recommend you read any terms and conditions and privacy policies relating to such websites and any services or products sold on them.
4. Acceptable Use Policy
4.1. In return for You agreeing to comply with this EULA you are permitted to download or stream a copy of this App onto your personal compatible device(s) and view, use and display the App on such device(s) for your personal purposes only. You will only be able to access certain services and content (including premium content on iFollow) on one device at any one time.
4.2. We may update the App from time to time, for example to improve performance, enhance functionality, reflect changes to the operating system or address security issues. If You do not install the updates You may not be able to continue using the App. To the extent a change affects any paid-for service or digital content delivered through the App, see the terms and conditions applicable to that paid for service or digital content.
4.3. Your right to use the App as set out in this EULA is personal to You and cannot be transferred to someone else. This means, for example, if You sell your device to someone else You must remove the App beforehand.
4.4. You must not collect or harvest any information or data from the App, Club official website, services or digital content delivered through them.
4.5. You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, or attempt to gain unauthorised access to the App or restricted services or digital content delivered through it, the server on which the App is stored or any server, computer or database connected to the App, or attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You may commit a criminal offence under the Computer Misuse Act 1990.
4.6. If You contribute materials to or through the App and/or services accessed through it (“Contributions”) which we may, in our discretion, make available for that purpose from time to time you must:
4.6.1. own the content (or have permission to post it from the owner) of the Contribution;
4.6.2. ensure matters expressed as facts are accurate, and opinions genuinely held; and
4.6.3. ensure your Contribution complies with applicable law of the UK and any other country from which you make it.
4.7. Contributions must not:
4.7.1. be offensive, hateful, defamatory of any person, threatening, obscene, inflammatory, sexually explicit, violent, cause distress, discriminatory on grounds of race, sex, religion, nationality, disability, sexual orientation, or age;
4.7.2. infringe the intellectual property, confidentiality, privacy or other rights of any other person or organisation;
4.7.3. contain viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
4.7.4. be contributed or sent for commercial gain (including ‘spam’);
4.7.5. otherwise be illegal or promote illegal activity.
4.8. We do not monitor Contributions but reserve the right to do so from time to time including (amongst other things) editing, refusing to post, removing or responding to Contributions in Our absolute discretion. No failure by Us to do so however constitutes any acceptance or endorsement of that Contribution.
4.9. We accept no liability in respect of any Contributions submitted by Users and published on or through the App or services accessible via it. No Contribution shall be deemed to express any of Our opinions.
5. Restricted Areas
5.1. Users may be able to subscribe and/or register to receive additional restricted access to certain areas, services and/or digital content on or through the App or to receive information from Us (“Restricted Areas”). Access to Restricted Areas may be subject to you accepting further terms and conditions which will be brought to your attention when you register or subscribe.
5.2. Subject to applicable law and any additional terms and conditions relating to the Restricted Area, We are not obliged to accept Your request for registration or subscription to Restricted Areas and reserve the right to suspend or terminate access. Unless we expressly state otherwise, any acceptance of Your registration or subscription will be for You as a single user only. You must not share Your password, other access details or any content from the Restricted Areas with any other person or User nor with multiple users on a network.
5.3. If You register to receive information from Us through the App (such as newsletters by email) Your use of the content received through the email service will be subject to this EULA and any other applicable terms brought to Your attention.
6.1. Neither We nor any of Our staff or other representatives will be responsible or liable to You for any loss, damage, or inability to access and/or use of the App which:
6.1.1. is due to any use You make the App other than that We permit under this contract;
6.1.2. is due to events outside Our reasonable control. For example (and amongst other things) this may include fire, floods, sever weather, terrorist activity or civil disruption;
6.1.3. is due to incompatibility of Your device(s) or systems with the compatibility and technical requirements we have informed you of;
6.1.4. is caused by viruses, Trojans, worms or other harmful data not caused by or attributable to an error or problem with the App or any of Our services or digital content delivered through it; or
6.1.5. is caused by Your failure to follow any reasonable, clear and easy to follow instructions We have made known to You relating to Your use of the App. For example, if You fail to implement an important required update to the App.
6.1.6. concerns loss or damage:
220.127.116.11. which is not a foreseeable result of our breach of this EULA (though We will be responsible for loss or damage which is foreseeable). Loss of damage is foreseeable if either it is obvious that it will happen or if, at the time We enter this contract, both You and We knew it might happen; or
18.104.22.168. relating to any business, including (amongst other things) loss of profits, loss of business, loss opportunity and/or business interruption. The App is made available for private and domestic purposes only.
6.2. Nothing in this EULA affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability that cannot be excluded by law. This EULA does not affect your statutory rights.
6.3. YOU AGREE THAT YOUR USE OF THE APP (INCLUDING ANY CONTRIBUTION YOU MAKE) WILL AT ALL TIMES COMPLY WITH THIS EULA AND YOU WILL BE LIABLE TO INDEMNIFY US FOR ANY BREACH OF THIS EULA. THIS MEANS YOU WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WE SUFFER AS A RESULT OF YOUR BREACH.
7. Intellectual Property Rights
7.1. Except as set out at section 7.7 below, all intellectual property rights in the App, services and/or digital content and materials delivered through it including, amongst other things, the design, text, photographs, images, illustrations, graphics, data, trade marks, logos, audio and/or video content, written and other materials, the selection and arrangement thereof and software, but excluding Contributions (“App Material”) are owned by Us and/or Our respective licensors and commercial partners and are protected by copyright, design right, database right, trade mark rights and other applicable intellectual property rights. All such rights are reserved.
7.2. Permission is granted to You to view the App Materials on a single personal device solely for personal, non-commercial use. Access to some App Materials may be subject to payment and acceptance of further terms and conditions by You (see section 5 above). Any other use of materials on this App, including (amongst other things) download, reproduction, modification, transmission, distribution, extraction, commercial exploitation or republication, without the prior written permission of EFL Digital, is strictly prohibited and You agree not to, nor assist any person to, carry out such acts nor to vary, alter, modify disassemble, decompile or reverse engineer the whole or any part of the App (save only to the extent any such acts cannot be excluded by law).
7.3. The integrity of this App and certain digital content delivered through it is protected by technical protection measures (TPMs) so that the intellectual property rights, including copyright, in the App and digital content are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in Your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM. This is subject to any rights you have at law which cannot be excluded in relation to ‘back up’ copies and recompilation for interoperability purposes.
7.4. If You use App Material other than as expressly permitted by this EULA then, in addition to all other rights or remedies We may have, You must return or destroy all App Materials in Your control or possession, as We may require. If You do not agree to this, You must not make any Contribution.
7.5. In relation to any Contribution you make, You grant Us a permanent, free of charge, worldwide right to display it on the App or Our other applicable services viewable by other Users and otherwise use that Contribution including (amongst other things) to adapt, broadcast, copy, disclose, sub-license, publish, sell and/or transmit the Contribution for all commercial and non-commercial purposes.
7.6. Photography: The sports archive photographs on the App are owned by Us, or supplied and used under licence from Rex Features Limited (of the Shutterstock group), Getty Images International Limited or PA Sport Limited. Some photos also supplied by Action Images.
7.7. Fixtures: No copyright (or related rights) are asserted with the match fixture list(s) on this App (‘Fixtures’) inside the EU. Outside the EU, copyright (and/or related rights) protect the Fixtures in certain territories, in which territories all rights are reserved. Those wishing to reproduce, store in a retrieval system or transmit the Fixtures in any way or by any means (including photocopying, recording or storing it in any medium by electronic means) outside the EU should first consult Football DataCo Limited (www.football-dataco.com), and obtain an appropriate license as required.
8.1. We may at any time terminate or suspend Your use of all or part of the App and/or access to Restricted Areas if:
8.1.1. You commit a serious breach of this EULA or other applicable terms and conditions, or commit a less serious breach which can be fixed and You have failed to fix it within 20 days of Us notifying You to do so;
8.1.2. We are unable to verify or authenticate any information You have provided to Us, where We reasonably need to do so (or information You have provided is incomplete) and you do not, within a reasonable time of Us asking for it, provide Us with required information that is necessary for Us to start or continue making all or part of the App and/or services or digital content available to You;
8.1.3. We decide to no-longer make the App or Restricted Area (or part of it) available to Users. If access to Restricted Areas has been paid for, this is subject to any additional terms and conditions and/or applicable refund policy;
8.1.4. We are required to do so by law; or
8.1.5. We need to undertake updating, repair or maintenance to the App or technology relating to it. See the terms and conditions applicable to any paid for Restricted Area.
9. Information about You
9.2. We may report any breach of this EULA by You which may constitute a criminal offence to the relevant law enforcement authorities. We will co-operate with those authorities and/or any person alleging in good faith that Your breach has infringed their rights, by disclosing Your identity to such authorities and/or persons. In the event of such a breach, Your right to use the App will cease immediately.
9.3. Certain services delivered through the App (including the ‘iFollow’ streaming and premium content service), will make use of location data sent from Your device(s). You can turn off this functionality at any time by turning off the location services settings for the App on the device. If You use these services, You agree to Us and our relevant suppliers, affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of Your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop Us collecting such data at any time by turning off the location services settings on for the App in the settings function of your device.
9.4. In addition to any technical data which identifies You, please note We may also collect and use technical information about the device(s) You use the App on and related software, hardware and peripherals to improve Our products and services.
10.1. If any of the terms in this EULA are found to be unenforceable in law, such provisions shall be deemed to be deleted but the remainder of this EULA shall continue in full force and effect.
10.2. Any failure of delay by Us in exercising our rights of remedies relating to This EULA shall not waive that right(s) or remedy(s) and no waiver by Us will be valid unless expressly made in writing.
11. Applicable Law
11.1. This EULA shall be governed by, and construed exclusively in accordance with, English law. Any dispute arising under this EULA shall be subject to the exclusive (non-exclusive in respect of consumers resident outside England) jurisdiction of the English courts.
Thank You for downloading the App.