These Terms & Conditions (“Terms”) govern your access to and use of Everton World website (“Our Website”), and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on Our Website (referred to as “Content”). Your access to and use of Our Website is conditioned on your acceptance of and compliance with these Terms. By accessing or using Our Website you agree to be bound by these Terms.
You are responsible for your use of Our Website, for any Content you post to Our Website, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of Our Website and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use Our Website only if you can form a binding contract with Everton World and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. If you are accepting these Terms and using Our Website on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use Our Website only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Our Website services may evolve or change from time to time without prior notice to you. In addition, Everton World may stop (permanently or temporarily) providing services (or any features within Our Website) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Our Website may include advertisements, which may be targeted to the Content or information on Our Website, queries made through Our Website, or other information. The types and extent of advertising by Everton World on Our Website are subject to change. In consideration for Everton World granting you access to and use of Our Website, you agree that Everton World, it’s third party providers and partners may place such advertising on Our Website or in connection with the display of Content or information from Our Website whether submitted by you or others.
Content on Our Website
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via Our Website and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via Our Website or obtained by you through Our Website is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via Our Website or endorse any opinions expressed via Our Website. You understand that by using Our Website, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Everton World be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Our Website or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through Our Website. In order to make Our Website available to you and other users, Everton World needs a license from you. By submitting, posting or displaying Content on or through Our Website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods.
You agree that this license includes the right for Everton World to provide, promote, and improve Our Website and to make Content submitted to or through Our Website available to other companies, organizations or individuals who partner with Everton World for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Everton World, or other companies, organizations or individuals who partner with Everton World, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through Our Website.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of Our Website, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Everton World will not be responsible or liable for any use of your Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Your License to Use Our Website
Everton World gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use services that are provided as part of Our Website. This license is for the sole purpose of enabling you to use and enjoy the benefit of Our Website is provided by Everton World, in the manner permitted by these Terms.
Everton World Rights
All right, title and interest in and to Our Website (excluding Content provided by users) are and will remain the exclusive property of Everton World and its licensors. Our Website is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Everton World reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Everton World, or Our Website is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of Our Website
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on Our Website.
You may not do any of the following while accessing or using Our Website: (i) Any way use Our Website to send altered, deceptive or false source-identifying information; or (ii) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing Our Website, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on Our Website.
Everton World respects the intellectual property rights of others and expects users of Our Website to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. For Copyright infringement please contact us.
Ending These Terms
The Terms will continue to apply until terminated by either you or Everton World as follows.
You may end your legal agreement with Everton World at any time for any reason by discontinuing your use of Our Website.
Nothing in this section shall affect Everton World rights to change, limit or stop the provision of Our Website without prior notice, as provided above in section 1.
Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Everton World and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Our Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Everton World of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
B. Limitation of Liability
To the maximum extent permitted by applicable law, Everton World shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use Our Website. (ii) Any conduct or content of any third party on Our Website, including without limitation. any defamatory, offensive or illegal conduct of other users or third parties. (iii) Any content obtained from Our Website or (iv) Unauthorized access, use or alteration of your transmission or content.
A. Waiver and Severability
The failure of Everton World to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the English courts without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with Everton World will be brought solely in the English courts and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at http://www.evertonworld.co.uk/terms-conditions. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use Our Website after those revisions become effective, you agree to be bound by the revised Terms.
Our Website is operated and provided by Everton World in the United Kingdom. If you have any questions about these Terms, please contact us.
Effective: 20 Jan 2016