Terms and Conditions
Please read this document carefully. It sets out the terms on which Frome Town AFC Ltd ("we", "us" or "our") will allow you to access and use our frometownfc.co.uk and weareba11.com websites ("the Site") and to register for, access and use additional content, services and interactive services, provided by us from time to time including emails, our social and chat areas and our online business directory ("the Services").
By accessing and continuing to access the Site you agree to these terms which shall be effective as soon as you access the Site. If you do not agree to these terms then you must not access or use the Site or the Services and you should leave the Site and cease use of the Services immediately.
We may change these terms from time to time and so you should check these terms regularly. Your continuing use of the Site or the Services will demonstrate your acceptance of the amended terms. If you do not agree to the changes then you should stop using the Site and the Services immediately.
1. Information About Frome Town F.C. and How to Contact Frome Town
The Site is operated by Frome Town Ltd. Our registered office and main trading address is Berkley Road, Frome, Somerset
BA11 2EH. We are registered in England and Wales under company registration number 07830601 and our VAT registration number is XXXXXXX
We are committed to ensuring that the Site is one which you will want to visit regularly and we welcome your comments on the Site, the Services and these terms. If you have any questions about the Site or the Services which are not dealt with in these terms or any feedback then you may contact us by email, at the address given above.
2. Acceptable Use of the Site and the Services
2.1.1 You must not post onto, submit or transmit to or otherwise make available any content or material including, without limitation, text, words, articles, data, statistics, graphics, images, photographs, illustrations, artwork, trademarks, names, logos, designs, audio, music or video ("Content") which:
2.1.2 is or may be considered to be defamatory, threatening, obscene, harmful, blasphemous or pornographic;
2.1.3 does or might be considered to violate or infringe in any way the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or cause distress harassment or inconvenience;
2.1.4 you do not own unless you have the express permission of the owner of the Content;
2.1.5 is unlawful or does not comply with all relevant laws;
2.1.6 is vulgar, crude, sexist, racist or incites racial hatred or is otherwise offensive;
2.1.7 is or could be technically harmful to the Site, the Services, to us or to any other user or the operation of another's computer or system;
2.1.8 constitutes or encourages criminal behaviour or acts or is contrary to any law;
2.1.9 does or might be considered to bring us or our name or trade marks or employees or officers into disrepute; or
2.1.10 encourages or incites any person to breach any of these terms.
2.2 You will treat other users with respect and dignity and will not threaten, abuse, harass, bully, deceive, victimise, intimidate or express hatred towards any other user of the Site or the Services or towards any individual or group of people.
2.3 You shall be responsible for ensuring that you have in place at all times the equipment required to obtain access to the Site and that you pay all necessary access and usage fees.
2.4 You acknowledge and agree that the Site and the Services are for your personal and non-commercial use. You may not copy, download, reproduce, republish, broadcast, transmit in any manner whatsoever, any Content except as is strictly necessary for your own personal non-commercial use and expressly permitted by law. You agree not to use any part of the Site, the Services or the Content contained in them in connection with any business or commercial activity or to post or upload any Content or make any contribution to the Site or the Services which is or may be considered to be advertising or promotional of any goods or services.
2.5 When accessing and using this Site and/or the Services you shall comply with all applicable laws and regulations in the country from which you access them and will not do anything which is unlawful.
2.6 You will not impersonate any person, or falsely or inaccurately suggest or indicate any connection, affiliation or relationship with any person or entity. You will not refer to any other person in any of your contributions unless you have previously obtained that person's consent to do so.
2.7 You will not deep-link or frame the Site or the Services without our prior written approval to be given or refused at our discretion.
2.8 You will not carry out any activity in relation to the Site, the Services or the Content which would or may be considered a criminal offence or give rise to any civil liability or infringe any rights of any third party or which may cause us to face any such liability and nor will you cause or encourage or procure any other person to do so.
2.9 You acknowledge and agree that when you and other users submit Content to the Site and/or the Services ("Contribution") other users will have the ability to comment on, criticise and disagree with such Contribution and can also vote whether they consider it to be a ‘good' or a ‘bad' Contribution. You acknowledge and agree that any user's Contribution (including your Contribution) which receives more than a certain number of ‘bad' votes, pre-determined by us from time to time in our sole discretion, will be hidden or deleted automatically from the Site and/or the Services and without notice to its contributor.
2.10 You acknowledge that we do not moderate actively or monitor Contributions. If you believe any Contribution by another user breaches any of the provisions set out in the terms then please notify us [here] or by sending an email to us at email@example.com so that we may investigate it and, if we deem it appropriate, take action.
2.11 You are solely responsible for all use of your login details including, without limitation, your user name and password and for protecting their confidentiality. You must not share these details with anyone or allow anyone to use your login details. You must immediately notify us of any unauthorised use of or access to your login details. Unless you have told us in advance that your login details are being used without your authorisation and such communication has been acknowledged by us, any activity under or in connection with your login details will be your responsibility.
3.2 The Site and/or the Services may allow you to create a profile page which can be accessed by other people of the Site and the Services or by internet search engines. By creating a profile page you agree that other people may access the personal data which you share on the profile page and that you will comply with these terms in connection with all Content that you submit to your profile page (if any).
3.3 You agree to only use personal data posted by other users on the Site or through the Services strictly for lawful purposes and in accordance with these terms and all applicable laws such as, without limitation, the Data Protection Act 1988.
4. Your Safety
4.1 When using the Site and the Services, you should always take the following precautions:
4.1.1 keep your identity and password private. Do not give out your full name, postal address, telephone number, e-mail address, the name of your workplace or any other information that could help someone to discover your actual identity (other than information which is specifically requested by us);
4.1.2 never get together with someone you meet online; and
4.1.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable. Instead, let us know about them here or by emailing us at firstname.lastname@example.org
5. Intellectual Property
5.1 Unless otherwise stated, all copyright, trade marks, database rights and all other intellectual property rights in the Site and the Services and in all Content comprising the Site and the Services (except Contributions) is owned by and shall remain at all times vested in us or our licensors. You are permitted to use the Site and the Content only as expressly authorised in writing by us or our licensors or in accordance with the terms.
5.2 We grant to you a non-exclusive, non-transferable licence to electronically copy and to print in no more than one hard copy portions of the Site or Services for your personal non-commercial purposes only. Any other use of Content or materials comprising the Site or Services including reproduction for purposes other than those noted above or making any of them available on any other website or channel or in any other form, medium or technology now known or developed in the future, or any modification, distribution, transmission, broadcasting, republication, translation, downloading or uploading without our prior written permission is strictly prohibited. You agree to abide by all copyright notices set out on the Site.
5.3 The names, trademarks, images and logos identifying us or third parties and our or their products and services are subject to copyright, design rights and trade marks owned by Frome Town FC and/or the relevant third parties. These terms do not give you any licence or right to use any of our trade marks, design rights or copyrights or those of any third party (and shall not in any circumstances whatsoever be considered to do so).
6. Your Content
6.1 You acknowledge and agree that by posting or publishing any Content or Contribution on the Site or via the Services you are:
6.1.1 granting to us, our licensees and our licensors and our respective assigns an irrevocable, perpetual royalty free, non-exclusive worldwide licence to use and to sub-licence the use of any such Content and Contribution within the Site and/or the Services and in any other channel, manner, form, medium or technology now known or developed in the future. Such licence extends to copying, distributing, disclosing, broadcasting, reproducing, repurposing, transmitting, adapting, creating derivatives works from, editing, changing, altering and removing the Content and/or Contribution or any of them and applies without any obligation to notify you or seek your approval;
6.1.2 waiving all rights to be identified as the author and to object to derogatory treatment of any Content or Contribution posted uploaded or published by you on the Site or via the Services which you may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 as
amended from time to time and under all similar or equivalent legislation from time to time in force anywhere in the world;
6.1.3 representing and warranting that you are the owner of the copyright in such Content and/or Contribution or have the express permission of its copyright owner to reproduce it on the Site/Services;
6.1.4 acknowledging that we shall be under no obligation to use all or any part of your Contribution or to maintain the same.
7. The Responsibility and Liability of Frome Town F.C.
7.1 We are not responsible for and give no endorsement of any Content, Contribution, materials, comments or feedback posted or published on the Site or through the Services by you or by other users. We will not be responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided on the Site or via the Services by you or by any other third party. If you have any claim arising from the actions or statements of another user, you agree to pursue such a claim only against that user and not against us. By their very nature forums, chat areas and boards are outside of our control and may contain inaccurate, false or inappropriate materials so please take care when using them.
7.2 To the extent permitted by law, we make no warranty, nor any endorsement or representation in respect of any Contribution and we exclude all implied warranties as to the accuracy, correctness, timing or reliability of any information, statements, advice and opinions given by users of the Site or the Services (including any Contribution) which are those of such users only.
7.3 We do not monitor or moderate actively Contributions but we reserve the right to do so. We may respond to, comment upon, edit, remove or block any Contribution or Content posted, published or uploaded by you or any other user at our absolute discretion.
7.4 Whilst we will not be moderating or monitoring actively the Site or Services, if we become aware of or are notified about any Content or Contribution which is not in compliance with these terms then we will, at our discretion, have the right to edit, amend, delete and/or remove such Content and/or Contribution, temporarily or permanently, and take any other action that we deem appropriate without notice to you.
7.5 We may from time to time take down, remove, suspend or restrict access to the Site and/or the Services and/or the Content comprising them and/or any part of them without prior notice or any liability to you. We have the right to change the Content, the Site and the Services and any aspect of them from time to time at our discretion.
7.6 We will endeavour to provide the Site and the Services using reasonable care. However, to the extent permitted by law, we make no representations nor give any warranties in respect of the Site or the Services or the Content comprising them and we exclude all implied warranties as to quality, accuracy or fitness of the Site, and the Services and the Content comprising them. We not warrant that the Content, the Site, the Services and any of the functions contained therein and the servers hosting the Site and the Services will operate without interruption or delay or will be error free, free of viruses or bugs or compatible with any hardware, software or materials.
7.7 We are under no obligation to maintain or to update the Site or the Services. We may update, suspend, delete and change the Content within or the functionality of the Site and/or the Services at any time without notice or liability to you.
7.8 We make no representation and expressly excludes all conditions or warranties, express or implied, including but not limited to the quality, performance and fitness for purpose of all items and Content made available on the Site and the Services to the full extent permitted by English law.
7.9 We shall not be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of or access to the Site or the Services, any inability to access the Site or the Services, any failure or inability to complete a transaction, any technical, network, electronic, computer hardware or software failure of any kind, whether direct or indirect, including, damage to software or hardware, damage for loss of business, loss of profits, or any other consequential loss.
7.10 Nothing in these terms or conditions shall exclude or limit our liability for death or personal injury resulting from our negligence, from fraud or fraudulent misrepresentation or any other matter for which it would be illegal or unlawful to exclude or attempt to exclude our liability.
7.11 If this paragraph 7 is unenforceable in whole or in part then, subject to paragraph 7.10, in view of the fact that we provide the Site and the Services to you without charge our total liability to you for all damages, losses, claims and expenses suffered by you as a result of our breaking these terms shall be no greater than £5 for one incident or series of incidents attributable to the same cause.
7.12 If either you or we fail to comply with these terms, then that person shall not be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms.
8. Third Party Websites
8.1 You acknowledge and agree that:
8.1.1 we are not responsible for the availability, accuracy, appearance or content of any third party website or Content which you access on or through or from links on the Site or the Services, such sites or Content are not owned or controlled by us and are outside of our control;
8.1.2 we do not endorse and are not responsible or liable for any Content, advertising, products or services on or available from third party websites, advertisers or partners. Adverts or links on the Site or the Services do not mean and should not be taken to indicate any endorsement by us of such websites or third party goods or services;
8.1.3 we are not responsible or liable for any damage, loss or offence caused or alleged to be caused by or in connection with your use or reliance on any Content, Contribution, advertising, goods or services available on or from third party websites, advertisers or partner.
8.2 All dealings between you and any advertisers, sponsors or third parties found on or via the Site or the Services are solely between you and such third party. You agree no to hold us liable for any loss or damage or any losses incurred as a result of your dealings with such persons.
9. Additional Provisions Relating to the Online Business Directory
9.1 Whilst we take all reasonable steps to ensure that the information contained in the online business directory is accurate and up-to-date, it is nonetheless supplied on an ‘as is' basis and accordingly we do not accept any liability for any errors or omissions. The content and classification of the business entries in the online business directory is supplied to us by and cleared by the companies or individuals submitting business entries for inclusion in the online business directory ("Advertisers").
9.2 The information and descriptions of the Advertisers' products and services in the online business directory may not represent the complete descriptions of all the features and terms and conditions of the Advertisers' business, their qualifications, accreditations, products and services. Therefore, you must contact the Advertisers directly for further information and satisfy yourself as to the exact type of goods or services offered or the qualifications held by the Advertisers in the online business directory.
9.3 The headings in the online business directory are intended to be useful ‘trading terms' for the online business directory users and should not be regarded as trade descriptions as defined by the Trade Descriptions Act 1968 (or any subsequent legislation). The appearance of an Advertiser under any particular heading does not necessarily indicate that goods or services suggested by that heading are provided by that Advertiser nor that they are authorised, entitled or qualified to carry out any specified trade, business, occupation or profession.
9.4 Neither we nor any of our group companies are an agent of any of the Advertisers appearing in the online business directory and is unable to vouch for the advertising claims, professional qualifications, trade certifications, memberships of trade associations or content of websites whose addresses may be shown in any of the business entries contained in the online business directory.
9.5 Nothing within the online business directory is, or shall be deemed to constitute, an offer or advice by us in relation to the products and services offered by the Advertisers and we do not endorse or recommend the Advertisers, their products or services or their website(s). The Advertisers shall be solely responsible for all order fulfilment, invoicing, receipt of payment, deliveries, cancellation, after-care services, defects, complaints and all associated liabilities. We are not the supplier or the seller of the products and services and we have no obligations, responsibility, control or liability for any loss or damage you may suffer or incur in connection with:
9.5.1 the Advertisers, their products, their services and/or their website;
9.5.2 any acts, omissions, errors or defaults of any Advertiser or other third party in connection with the products, services and/or websites;
9.5.3 the terms and conditions applying to any contract entered into by you with any Advertisers in relation to any product or service; or
9.5.4 for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions.
of our control and therefore we are not responsible for the actions or omissions of an Advertiser in connection with the use of your information.
9.7 All intellectual property rights in the whole and every part of the online business directory belongs to us, our group companies or our licensors and the provisions of section 5 apply equally to your use of the online business directory. In addition, you are not permitted to:
9.7.1 copy, scan replicate, reproduce or record all or any part of the online business directory, save as expressly specified in these Terms;
9.7.2 use all or any part of the online business directory (i) to prepare or compile any other database or directory; (ii) to provide any kind of commercial information service; or (iii) as a source of material for any form of direct or indirect marketing activity.
10. Your Responsibility to Refund Us (Indemnity)
10.1 You agree to indemnify us (refund) against all claims, liability, damages, costs and expenses, including legal fees, which we or our employees, officers and agents incur, directly or indirectly, from your failure to comply with these terms or arising out of your use of the Site or the Services or from your posting, publication or uploading of any Contribution on the Site and/or the Services.
11. Registering for Services
11.1 You will be required to register with us before you can access or use some parts of the Site and Services. Use of the Services is conditional upon your acceptance of these terms. By registering with us or otherwise indicating your acceptance of these terms you are also verifying that:
11.1.1 you are at least 13 years old;
11.1.2 the information which you provide when you register is true, accurate and complete;
11.1.3 you will keep such information up to date; and
11.1.4 these terms apply to you and you accept them fully.
11.2 We reserve the rights to refuse your application to register and to cancel your registration for the Site and/or the Services at our sole discretion at any time.
12. Your Failure to Comply With These Terms or Behave Appropriately
12.1 if you:
(a) act inconsistently with or in breach of the terms;
(b) fail to act in accordance with the terms;
(c) at any time violate or attempt to violate any of our rights or any rights of any other user of the Site or the Services or of any other third party;
(d) provide incorrect or inaccurate details on registration or fail to keep your registered details up to date;
(e) are engaged in any fraudulent, dishonest or unlawful activity or activity unacceptable to us, or, if acting reasonably, we suspect that you are engaged in any fraudulent, dishonest or unlawful activity or an activity unacceptable to us; or
(f) fail to comply with the conditions of use of the Site or the Services set out in paragraph 2 above;
then we may do all or any of the following:
(i) issue a warning to you;
(ii) suspend you from using the Site and/or the Services or any part of them at our discretion;
(iii) terminate your right to use the Site, the Services or any part of them;
(iv) cancel your registration(s) and refuse to allow you to register for the Site and/or any of our Services in the future;
(v) terminate your registration(s) and rights to use any other services provided by us or our affiliates;
(vi) take appropriate legal action against you; and/or
(vii) at our discretion or if we are required to do so, disclose your personal details to our solicitors, to law enforcement and to regulatory authorities and in accordance with any Court Order and to other users or third parties whose rights you have or might have in our reasonable opinion violated or infringed in any way.
12.2 If you are under 13 years of age or if we believe that you are under 13 years of age then we may do all or any of the actions set out in paragraphs 12.1 (a) to (v) above. If we believe that you are over 18 and representing yourself as being under 18 then we may do all or any of the actions set out in paragraphs 12.1 (a) to (vii) above.
12.3 You may cancel your registration with us at any time by sending an email to email@example.com with the subject "unregister", details of your user name and stating that you wish to cancel your registration and your use of the Services and the Site. If you do so, then you must cease and desist from all use of the Site, the Services and all Content comprising the Site and the Services. If you continue to use the Site or the Services or any Content which is or has been contained in or displayed on the Site or the Services then these terms will be deemed to apply to you and your use of the same.
13.1 If any of these terms are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these terms and the remainder of these terms shall continue to have full force and effect.
13.2 These terms do not create or confer any rights or benefits under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to these terms.
13.3 Any failure or delay by either party in enforcing or partially enforcing any provision of these terms shall not be taken to be a waiver of any of that person's
rights under these terms or any law.
14.1 Notices shall be sent by us to the e-mail address which you provide on registration. Notices sent by you to us shall be sent to firstname.lastname@example.org and a copy sent to our address set out in paragraph 1 above. Notices shall be deemed to have been delivered at the confirmed time of sending the e-mail.
15. Governing Law and Jurisdiction
15.1 These terms are governed by English law. Both you and we hereby submit to the non-exclusive jurisdiction of the English courts.