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Terms and Conditions
General Terms and Conditions

These Terms and Conditions shall apply to Your use of the Website located at www.whufc.co.uk including without limitation Hammers Video Lounge ("the Site").

By using the Site You agree to be bound by the Terms and Conditions which shall form a legal agreement between Us and You. If You do not agree to be bound by these Terms and Conditions, You may not use the Site.

1. DEFINITIONS

"Content" means any and all of the content and material comprising the Site including without limitation all text, graphics, photographs, audio and video. "Terms and Conditions" means these terms and conditions of use. "User Information" means the personal details which may be provided by You to Us via the Site. "Users" means the users of the Site collectively and/or individually as the context admits. "We/Us/Our" means West Ham United Football Club. "Site" shall have the meaning as set out above. "Website" means a site on the World Wide Web. "You/Your" means You, the user.

2. ACCEPTABLE USE OF THE SITE

2.1 We insist that any use by You of the Site shall be in accordance with the following conditions:

2.1.1 You must not post onto or otherwise make available on the Site any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which does not comply with all relevant laws.

2.1.2 You shall not post onto or otherwise make available on the Site any material which You do not own without the express permission of the owner of the material.

2.1.3 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.

2.2 You shall be responsible for ensuring that You have in place at all times the equipment required to obtain access to this Website and that you pay all necessary access and usage fees.

2.3 When accessing and using this Website You shall comply with all applicable laws and regulations in the country from which You access the Website.

3. THIRD PARTY WEBSITES

3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Site, and do not endorse and are not responsible or liable for any content, advertising, products or services on or available from such Websites or material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from such Websites or material.

3.2 Any dealings between You and any advertisers or third party merchants found on or via the Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between You and the relevant advertiser or merchant. You agree not to hold Us liable for any loss or damage of any kind incurred as the result of any such dealings.

4. INTELLECTUAL PROPERTY

4.1 All copyright, trade marks and all other intellectual property rights in all Content shall remain at all times vested in Us or Our licensors. You are permitted to use this Content only as expressly authorised in writing by Us or Our licensors or in accordance with the Terms and Conditions.

4.2 If You become aware of any such distribution or commercial exploitation of the Content, You agree to notify Us immediately.

4.3 You acknowledge that by You posting materials on the Site You grant to Us and Our licensors and assigns an irrevocable, perpetual royalty free worldwide licence to use such materials within the Site and in any other manner.

5. OUR RESPONSIBILITY/LIABILITY

5.1 Content which is posted on any bulletin boards or chat forums is written or produced by Users and We are not responsible for and give no endorsement of such Content. We reserve the right to monitor the contributions and may respond to or comment upon communications by You and edit, refuse to post or remove any Content from the bulletin boards and chat forums in Our absolute discretion. No failure to remove particular Content constitutes an endorsement or acceptance of it by Us.

5.2 To the extent permitted by law, We make no warranties, express or implied, as to the Content or the accuracy, timing or reliability of any information or statements contained therein, or statements, advice and opinions given by Users on the bulletin boards and chat forums which are those of such Users only. We neither endorse nor shall be held responsible for the reliability or accuracy of the same and We are not 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. 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 from Us.

5.3 We will endeavour to provide the Site using all reasonable care. To the extent permitted by law, We exclude all implied warranties as to quality, accuracy or fitness of the Content and We do not warrant that the Content, any of the functions contained in the Site and the server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.

5.4 We reserve the right, at any time, to modify, alter, or update these Terms and Conditions, and You agree to be bound by any such modifications, alterations or updates which are posted on the Site.

6. PRIVACY

6.1 We shall comply with applicable UK Data Protection legislation from time to time in place in respect of any User Information.

7 INDEMNITY

You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by You or any other liabilities arising out of Your use of the Site.

8 TERMINATION

We shall have the right immediately to terminate Your use of the Site if We determine in Our sole discretion that You have breached these Terms and Conditions.

9 GENERAL

9.1 Invalidity etc

If any of these Terms and Conditions 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 Conditions and the remainder of these Terms and Conditions shall continue to have full force and effect.

9.2 Governing Law

These Terms and Conditions are governed by English law and both You and Us hereby submit to the non-exclusive jurisdiction of the English courts.

Subscription Terms and Conditions

These terms and conditions ("Subscription Terms and Conditions") shall apply to Your use of any of the Subscription Areas.

By subscribing to and using any of the Subscription Areas You agree to be bound by the Subscription Terms and Conditions which shall form a legal agreement between Us and You. If You do not agree to be bound by the Subscription Terms and Conditions, You may not subscribe to and use the Subscription Areas.

Where these Subscription Terms and Conditions are inconsistent with the Website Terms and Conditions these Subscription Terms and Conditions shall prevail. As part of our commitment to ensuring the Subscription Areas are areas You want to visit time and time again We welcome Your comments on any of the policies, rules and terms and conditions set out below. To contact Us please go to "Feedback" in the Help section of the Video Lounge.

1.Definitions

"Season Ticket Subscription" means where You are to pay to Us one fee in advance for a Subscription Contract of one season in duration. "Monthly Subscription" means where You are to pay to Us a monthly fee in advance until such time as you cancel such Subscription Contract or We terminate the same. "Subscriber PC" means the PC through with You subscribe to the Subscription Areas. "Subscribers" means those persons who have subscribed, and continue to subscribe, to the Subscription Areas. . "Subscription Areas" means the subscription sections of Hammers Vision. "Subscription Contract" means the contract formed between Us and You on the date upon which you subscribe for a Subscription Package and as set out in these Subscription Terms and Conditions. "Subscription Homepage" means the homepage accessed when you click to subscribe to the Subscription Areas. "Subscription Packages" means the types of subscription packages (including price) which are available to Subscribers as set out on the Subscription Homepage. "Subscription Terms and Conditions" means these terms and conditions of use of the Subscription Areas. "Video Content" means the video which may be viewed by You via the Subscription Areas as part of Your Subscription Package. "Hammers Vision" means the minisite containing the video footage of West Ham football teams and which is on the Website located at http://www.whufc.co.uk. "We/Us" means West Ham Football Club. "Website" means a site on the Worldwide Web. "Website Terms and Conditions" means the terms and conditions applicable to the whole of this Website and accessible via the Help section of Hammers Vision. "You/Your" means You, the user.

3. Payment

The subscription fee payable by You is set out in the Subscription Packages. You should pay the subscription fee for the Subscription Package You indicate You wish to receive at the time of subscription. The relevant fee(s) will be processed by Us against Your Mastercard or Visa credit card number provided to Us in Your subscription form. Credit card holders under the age of 18 years old shall not be permitted to become a Subscriber and We reserve the right to seek confirmation of age as necessary.

All payments shall be collected by Us in advance and shall not be repayable under any circumstances.

Where You have commenced a Monthly Subscription We shall collect the monthly subscription fee automatically against Your credit card number each calendar month after the date of Your Subscription, for example if You subscribed on June 13th, payment will be automatically collection on the 12th of each subsequent month until You cancel Your Subscription in accordance with paragraph 4 below.

If You have a Season Ticket Subscription We shall send You a reminder before the expiry of Your Subscription Contract and You must confirm at that stage whether you want to renew Your Subscription.

You are able to upgrade Your Subscription Package at any time on-line. Any upgrade will take effect immediately and the first payment due under the upgraded Subscription Package will be reduced pro rata to take into account the amount of the previous Subscription Package received and not paid for by You.

Any increases in the price of the Subscription Packages will be notified to You by e-mail and in Hammers Vision at least 30 days prior to such price increases taking effect. If You do not cancel Your Subscription Contract prior to the price increase becoming effective We shall continue to collect the increased payments from You.

4. Cancellation / downgrade of Your Subscription Contract

Should You wish to cancel Your Subscription Contract You must confirm this to Us by e-mail at the following address: mailto:

HammersVideoLounge.support@videoloungetv.com

To downgrade Your Subscription Package You must cancel Your existing Subscription Contract and subscribe again for a new Subscription Contract.

When You cancel Your Monthly Subscription (and do not downgrade) We shall collect one further payment from Your credit card on the next due date following receipt of Your e-mail confirmation of cancellation. You shall be able to continue to view the Video Content pursuant to Your Subscription Contract until one calendar month after the collection of this final payment.

5. Suspension and Termination

5.1 We shall be entitled to suspend or terminate Your access to any of the Subscription Areas at any time should You be in breach of these Subscription Terms and Conditions or the Website Terms and Conditions or should a payment not be paid.

5.2 We may, at our own discretion, terminate Your Subscription Contract upon giving You one month's notice by e-mail. Should we terminate Your Season Ticket Subscription pursuant to the foregoing We shall pay to You a pro rata refund of Your annual subscription fee.

5. 6. Changes to these Terms and Conditions

We may change these Terms and Conditions from time to time. You will be notified of any significant changes by e-mail or via this website. Your continued use of the Subscription Areas thereafter will constitute acceptance of such changes.
Subscription Terms and Conditions (Email: WHUTV@servecast.com)

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