TERMS & CONDITIONS
Twelfth Man Ltd
24-26 Fournier Street
Twelfth Man Ltd ("TwelfthMan", "We", "Our") provides you ("User", "You", "Yourself", "Your") with this website ("Website"), including any services, content and software ("Services"), subject to the following Terms and Conditions and any documents referred to in them ("Terms") for the purpose of promoting UEFA Champions League FinalTM print and digital programme ("UCL Final programme") and the UEFA Europa League FinalTM print programme ("UEL Final programme")
1. Acceptance of terms
1.1 By accessing and using the Website, You signify Your agreement with and understanding of the following Terms and the legal information pertaining to both the Website and any material on it, which You acknowledge that You have read and understood. If You do not agree to these Terms, please do not access the Website in the future.
1.2 In addition, when using particular Services, You and TwelfthMan shall be subject to any specific guidelines or rules related to such concerned Services that may be posted on the Website from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. To the extent that there is any inconsistency between these Terms and any other guidelines or rules, those guidelines or rules shall prevail in respect of the concerned Services.
1.3 We reserve the right to change these Terms at any time. You must review these Terms at [www.uefaprogrammes.com] on a regular basis to keep Yourself informed of any changes.
1.4 By using the Website, you agree that the posting of new or revised Terms on or within the Website shall constitute adequate and constructive notice to You of any and all changes. Continued use of the Website THE WEBSITE following any such changes shall constitute Your acceptance of such changes.
2. Registration obligations
2.1 The access to the Website and the Services requires registration. By registering, You represent and warrant that: (i) You are eligible for an account as set forth in these Terms; and (ii) the information You include as part of the registration process is accurate and not misleading. Accounts may be obtained and used only by: (i) individual, independent persons who are eighteen (18) years old or of legal age in their country of residence if such age exceeds eighteen (18); (ii) those individuals whose registration has been authorised either by their parents or legal guardian if they are below the legal age in their respective country of residence; or (iii) individuals with the right and authority to act on behalf of an organisation or entity for the purposes of accessing and using the TwelfthMan Platforms.
2.2 In respect of Your access to and use of the Website, You agree to: (i) provide true, accurate, current and complete information about Yourself as prompted by the registration form ("Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide, or TwelfthMan has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or TwelfthMan otherwise reasonably considers that You have failed to comply with any provisions of these Terms, TwelfthMan has the right to immediately suspend or terminate Your account and refuse You access to any and all current or future use of the TwelfthMan Platforms (or any portion thereof).
3. Member account, Password and Security
3.1 You will receive a password and account designation upon completing any registration process (as described in Sections 2.1 and 2.2). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password and account.
3.2 You agree to: (i) immediately notify TwelfthMan of any unauthorized use of Your password or account and any other breach of security; and (ii) ensure that You exit from Your account at the end of each session. TwelfthMan cannot and will not be liable for any loss or damage arising from Your failure to comply with this Clause 3.
4. Access for Children
TwelfthMan is concerned about the safety and privacy of all its Users, particularly those not yet of legal age in their respective country of residence. For this reason, parents / guardians who wish to allow their children access to the Website should review these Terms and assist such children with the setting up of any relevant accounts and supervise the child's access to the Website. By allowing Your child access to the Website, he or she will be able to access all of the Services, which may now or in the future include public and private communication tools as well as other features that may not be appropriate for use by unsupervised children. Please remember that the Website is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is Your responsibility to determine whether any of the Website and/or information, data, text, software, music, sound, photographs, graphics, video, messages, feeds offered through it ("Feeds"), application programming interface ("API"), and any other material on the Website ("Content") are appropriate for Your child. TwelfthMan disclaims any liability in this respect.
5.1 The Website includes: (i) Content provided by TwelfthMan ("TwelfthMan Content"); (ii) Content that is uploaded, posted, submitted or otherwise transmitted by Users of the TwelfthMan Platforms ("User Submissions") and (iii) Content that is uploaded, posted, submitted or otherwise transmitted by third parties ("Third Party Content").
(i) TwelfthMan Content
5.2 All TwelfthMan Content, including Feeds, is owned by, or licensed to, TwelfthMan. TwelfthMan Content is provided to You "AS IS" and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes than their access and usage on the Website. For that sole and exclusive purpose, TwelfthMan grants to You a limited, revocable, non-exclusive license to access and use the Website privately for non-commercial purposes, in accordance with these Terms.
(ii) User Submissions
5.3 You shall correctly fill-in Your personal data, including: language preference, gender, first name, last name, valid e-mail address, valid mobile phone number and country of residence.
5.4 If You fill-in personal data on behalf of or for others, You confirm having obtained prior to data capture the acceptance of these Terms by the data subject. You accept the responsibility of informing each person or entity comprised in your target population of these Terms.
5.5 You shall be solely responsible for Your User Submissions and the consequences of uploading them.
5.6 You represent and warrant that Your User Submissions:
(i) shall not violate any law or regulation;
(ii) shall not be defamatory or trade libellous;
(iii) shall not be obscene or contain pornography;
(iv) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and
(v) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programmes that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You in particular represent and warrant that You have the written consent, release, and/or permission of each and every identifiable individual person in any User Submission to use their name or likeness.
(iii) Third Party Content
5.7 Your business dealings with, or participation in promotions of, any advertisers and merchants found on or through the Website, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or merchant. You agree that: (i) TwelfthMan shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on the Website; and (ii) any orders placed by You on, and any product specifications and product availability appearing on, the Website (including, without limitation, any online store) are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or merchant.
5.8 Third parties may provide, and the Website may contain, APIs, links or feeds from or to other websites or resources. Because TwelfthMan has no control over such sites and resources, You acknowledge and agree that TwelfthMan is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for, any content available on such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT TwelfthMan SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY OR IN CONNECTION WITH THE USE OF, OR RELIANCE UPON, ANY SUCH CONTENT, GOODS, SERVICES OR ANY OTHER MATERIAL AVAILABLE ON OR THROUGH ANY SUCH APIS, LINKS OR FEEDS FROM OR TO OTHER WEBSITES OR RESOURCES.
6. Games and Competitions
Participation to any games and competitions published on the Website is subject to these Terms and following rules:
6.1 When You enter and participate in any game or competition ("Game"), You are bound to play and accept that You must participate in the Game in accordance with these Terms, the rules of the Game and any other materials relating to the Game published on the Website including without limitation the list of the prizes ("Rules").
6.2 Only one application is allowed per Participant.
6.3 Children under the age of eighteen (18) are not permitted to participate in the Game. TwelfthMan will not knowingly allow children under the age of eighteen (18) to register to the Game.
6.4 The computer record of the application will be considered as being the formal application. Any application not adhering to the above format, incorrect applications or incomplete applications will be deemed invalid. TwelfthMan is not responsible for application information or results lost or delayed in the course of transmission.
6.5 TwelfthMan reserves the right to refuse application names that are considered by TwelfthMan in its sole discretion to be inappropriate or offensive. Unsuitable names will be deleted and the application will appear under a default name chosen by TwelfthMan. Please bear this in mind when You choose the name for Your application.
6.6 Acceptance of an application to the Game is at the sole discretion of TwelfthMan. All accepted and registered Participants will be notified by TwelfthMan via electronic acceptance messages. Electronic acceptance messages that are either "undeliverable" or that remain undelivered will nullify the application and will result in the participation in the Game not being accepted. TwelfthMan shall not be liable for electronic acceptance messages which are either not received or wrongfully sent or are "undeliverable" or remain for any reason undelivered.
6.7 The winner(s) shall be determined in accordance with the Rules and will be notified by email. All details of the prizes and in particular the terms of their attribution and use will be provided by notification to the winner(s). In the email to the winner, some information may be requested in order to enable the good delivery of the prize. In the event that the winner does not provide the requested information, a reminder will be sent by email. Should the winner not respond to the reminder email by providing all requested information within twenty-four (24) hours, the prize shall, to the extent permitted by applicable law, be automatically forfeited by this Participant and TwelfthMan reserves its right to grant the prize to another Participant.
6.8 No interest will be paid on any prize. Prizes may not be transferred without the prior written consent of TwelfthMan. Participants cannot request a cash alternative or substitution of the prize. TwelfthMan, at its sole discretion, reserves the right to substitute a prize of greater or equal value in particular if any prize cannot be awarded as described due to unavailability.
6.9 Each Participant can only win one (1) prize in the Game and only one (1) prize shall be awarded per household.
6.10 To the extent permitted by applicable law, application constitutes permission for TwelfthMan and any third party authorised by TwelfthMan to use the names and photographs of Participants at its sole discretion for publicity purposes. In particular, TwelfthMan intends to publish the winner's name and, if available, a photo of the winner on the home page of the Website. By participating in the Game, each Participant explicitly agrees to publication of his/her name and, if available, a photo, on winning the Game, if this is required by TwelfthMan.
6.11 The Game is not open to employees of TwelfthMan (and/or any employee of associated companies of TwelfthMan), their relatives, agents or agents' relatives or any employees of companies involved in the development or support of the Website.
6.12 Informative and explanatory material relating to the Game (including instructions for the competition and the scoring system) and the Rules form part of these Terms.
6.13 TwelfthMan reserves the right to introduce new facilities to enhance the Game. Details of such introductions will be published on the Website and will amend or vary these Terms. These introductions will take effect from the date upon which such details are published on the Website.
6.14 TwelfthMan may, at its sole discretion, suspend a Participant, disqualify any application or vary, amend or waive the Rules at any time or cancel the Game at any time in the event of circumstances arising beyond TwelfthMan's control or which make it desirable to do so. The Participants agree that TwelfthMan shall not be liable as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any Participant or other person.
6.15 To the extent permitted by applicable law, You agree that TwelfthMan cannot be held responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any injury or damage to Your (or any other person's) computer or mobile telephone related to or resulting from participation or downloading any materials in relation to the Game.
6.16 By participating in the Game and to the extent permitted by applicable law, You agree that no claim shall be asserted against TwelfthMan, its parent companies, sponsors or affiliates or any of their respective directors, officers, employees or agents in respect of any and all losses or injuries (including without limitation special, indirect or consequential losses), damages, rights, claims or actions of any kind whatsoever that result from Your participation to the Game and/or non-allocation of any prize and/or Your acceptance or use of any prize.
6.17 TwelfthMan reserves the right to take any decision in relation to any matter whatsoever in connection with the Game. Unless otherwise specified in these Terms, no correspondence shall be entered into with any Participant.
7. Trademarks and copyright information
7.1 The UEFA logo, the emblems and mascots of UEFA competitions, the UEFA event marks and product and service names are trademarks and copyright material of UEFA ("UEFA Marks")
7.2 Nothing in the Website is designed to grant any licence or right to use any UEFA and/or Third Party Content, names, logos, pictures or trademarks other than provided in the present Terms.
7.3 Any re-publication or re-distribution of Third Party Content (e.g. pictures, graphics, games, community/social tools, interactive features text, translation, interpretation, video, audio and football data content/editorial elements), including by framing or similar means, is expressly prohibited without the prior written consent of the relevant right holders. TwelfthMan shall not be liable for any errors or delays in Third Party Content, or for any actions taken in reliance thereon. Please consult the respective websites of the concerned right holder for additional information.
8. Modification to service
TwelfthMan reserves the right at any time to modify or discontinue, temporarily or permanently, the Website, the Services, and the TwelfthMan Content (or any part thereof) with or without notice. You agree that TwelfthMan shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the Website, Services, and the TwelfthMan Content.
9. Personal data
9.2 The personal data requested in accordance with Article 2 is necessary to make and handle Your request. This information is registered and kept by UEFA in a database whose server is hosted by a third-party and located outside the United Kingdom.
9.3 The personal data gathered on the Website is only collected and processed by TwelfthMan and /or this third party for no longer than is necessary for handling Your request, unless otherwise provided by law.
10.1 If you access and use the Website, you do so at your sole risk. The Website, the Services, or the TwelfthMan Content is provided on an "as is" and "as available" basis. TwelfthMan expressly disclaims, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
10.2 TwelfthMan makes no warranty or representation that: (i) the Website, the Services, or the TwelfthMan Content will meet your requirements, (ii) the Website, the Services, OR the TwelfthMan Content will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website, the Services or the TwelfthMan Content will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Website, the Services, or the TwelfthMan Content will meet your expectations; and (v) any errors in the Content will be corrected.
10.3 Any material downloaded or otherwise obtained through the use of the Website, the Services, or the TwelfthMan Content, is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
10.4 Commentary and other materials posted on or within the Website, the Services, or the TwelfthMan Content, are not intended to amount to advice on which reliance should be placed. No information whether oral or written, obtained by You from TwelfthMan, or through or from the Website, the Services, or the TwelfthMan Content, shall create any warranty or other obligation not expressly stated in the Terms and TwelfthMan disclaims all liability and responsibility arising from any reliance placed upon such materials by any visitor to the Website, the Services, or the TwelfthMan Content, shall create any warranty or other obligation not expressly stated in the Terms and TwelfthMan disclaims all liability and responsibility arising from any reliance placed upon such materials by any visitor to the Website or by anyone who may be informed of any of its Services or TwelfthMan Content.
You agree to indemnify and hold TwelfthMan and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with:
(i) Your use of and access to the Website, the Services, or TwelfthMan Content, including without limitation any content, or User Submission, as well as Your connection to the Website, Services or TwelfthMan Content;
(ii) Your failure to comply with any provision of the Terms; or
(iii) any claim by a third party that any of Your User Submissions or any other use of the Website, Services, or TwelfthMan Content, by You infringes any intellectual property, other proprietary or privacy right of such third party or has otherwise caused damage to a third party.
12. Limitation of liability
12.1 You expressly acknowledge and agree that TwelfthMan shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TwelfthMan has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the Website, the Services, or TwelfthMan Content;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website;
(iii) unauthorized access to, or alteration of, Your transmissions of data;
(iv) statements or conduct of any third party on the Website, Services, or TwelfthMan Content;
(v) results of the Website, Services, or TwelfthMan Content, any of the Website, Services, or TwelfthMan Content linked to it and any materials posted on it; or
(vi) any other matter relating to the Website, Services, or TwelfthMan Content.
12.2 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the Website, the Services, or TwelfthMan Content, must be filed within one (1) year after such claim or cause of action first arose.
13. Exclusions and Limitations
13.1 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Clauses 11 and 12 may not apply to You.
13.2 Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of TwelfthMan or any other liability which cannot be excluded or limited under applicable law.
TwelfthMan may, in its sole discretion and without liability to You, with or without cause, in particular if You do not comply with these Terms, with or without prior notice and at any time:
(i) terminate Your access (whether restricted or not) to the Website in whole or in part; and
(ii) deactivate or delete any of Your accounts and all related information and files in such accounts as well as Your User Submissions.
15.1 Notices to You will be made via either email or post to the relevant email address or postal address provided by You to TwelfthMan from time to time.
15.2 If We amend these Terms in any way We shall place an updated version on this page of the Website and/or also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on or within the Website.
16. General Provisions
16.1 These Terms (including the specific terms applicable to certain Services) constitute the entire agreement between You and TwelfthMan in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between You and TwelfthMan, whether oral or written in relation to such subject matter. You may be subject to additional terms and conditions that may apply when You use affiliate services, Third Party Content or third-party software.
16.2 Any failure by TwelfthMan to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
16.3 If any provision of the Terms is found to be invalid, the parties nevertheless agree that the parties' intentions, as reflected in the provision, shall be given effect to the fullest extent practicable, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
16.4 You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under these Terms. TwelfthMan may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms to any third party at any time without Your consent.
16.5 These Terms have been drafted in English and have been translated in other languages. In the event of any discrepancy between the English and the translated texts, the English text shall prevail and be used to solve doubts of interpretation.
17. Applicable Law and Jurisdiction
The Terms and the relationship between You and TwelfthMan shall be governed by the substantive laws of England. All disputes in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of England.