Welcome to cesc-fabregas.com (the "Website"). If you continue to browse and use the Website you are agreeing to comply with and be bound by the following terms and conditions of use, which govern our relationship with you in respect of the Website.
For the purposes of these terms of use, we use various expressions, by way of example where we use expressions such as "us" or "we" this refers to the owner of the website Diez Trading Limited whose address for service is at 259 St. Paul Street, VLT 1213, Valletta (England). Further, where we make reference to "you" (and like expressions), this refers to the user or viewer of the Website. When we refer to "Content" this includes all text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute by uploading the same to the Website. Finally where we use the expression "Terms" this means these terms of use.
These Terms form a legally binding agreement between you and us in relation to your use of the Website. It is important that you take the time to read them carefully. You should note that these Terms govern how we may use (or refuse to use) any Content that you may upload to the Website.
We reserve the right to make changes to these Terms from time to time. In any such circumstances the new terms of use will be posted on the Website. If you do not agree to any new terms of use you must stop using the Website. Your continued use of the Website after the date any new terms of use are posted will constitute your acceptance of the new terms of use.
- Accepting the Terms. Your continued use of the Website is deemed to be your acceptance of these Terms. We will treat your use of the Website as acceptance of the Terms from that point onwards.
- Membership. Where you create an account on this Website, you will be asked to provide certain information. You must provide accurate and complete information. You should of course keep the details that you provide to us, or log in details (user names and passwords) secure and confidential.
-
Restrictions on use. We give you permission to access the Site. You may view Content displayed in the Website, and you may upload Content to the Website. The aforesaid permission is granted subject to these Terms and subject to the following express conditions:
- you may not distribute any part of or parts of the Website or any Content (other than your original Content), in any medium whatsoever without our prior written consent;
- you may not alter or modify any part of the Website or attempt to do so;
- you may not access Content displayed on the Website save through the method for viewing the Content specifically designated for that purpose on the Website;
- you must not in any circumstances (nor must you attempt to) circumvent, disable or otherwise interfere with any security related features included on the Website;
- you will not use the Website or any of its Content for any commercial use whatsoever without our prior written approval;
- you may not use the Website to collect any personal data of any user of the Website;
- you may not use the Website for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- you may not solicit, for commercial purposes, any users of the Website with respect to their Content; and
- you may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content (other than your own) for any other purposes whatsoever without our prior written consent.
- Permitted use of the Website. Nothing contained in paragraphs 3(a) to 3(i) will operate to prohibit your (a) uploading original video footage or photographs to the Website or (b) viewing any Content on the Website or (c) otherwise using the features incorporated on the Website or (d) accessing Content for your personal, non-commercial use.
-
Content. From time to time as part of competitions that we may run on the Website (or otherwise) you may wish to submit Content to the Website. Your submission of Content to the Website does not guarantee that we will publish the same. We reserve the right to refuse to publish Content on the Website without ascribing any reason for such refusal. If you submit Content to the Website you retain ownership of it, but you grant to us and other users of the Website the following licence which is granted for the entire period that copyright subsists in the Content that you may upload:
- You grant to us a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the Website (including any marketing and other initiatives run by us in conjunction with the Website its promotion and redistribution in any media formats and through any and all media whatsoever);
- You grant to each and every user of the Website a worldwide, non-exclusive, royalty-free licence to access your Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Website under these Terms.
-
Your Content. By uploading Content to the Website, you understand and agree that you are solely responsible for it and the consequences of posting or publishing it and you represent and warrant that you have (and will continue to have during your use of the Website) all necessary licenses, rights, consents, and permissions which are required to enable us to use your Content in the manner contemplated by the Website and these Terms. You must not in any circumstances post or upload any Content to the Website which:
- contains material which it is unlawful for you to possess in the country in which you are resident; or
- which it would be unlawful for us to use or possess in connection with the provision of the Service; or
- which is or may by sight or sound contain any defamatory matter or any libellous or slanderous statement or innuendo; or
- which contains any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant us the licence referred to in paragraph 5(b) above.
- Website Content. With the exception of Content submitted to the Website by you, all other Content on the Website is either owned by or licensed to us, and is subject to copyright, trade mark rights, and other intellectual property rights of ours or our licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without our prior written consent or, where applicable, our licensors. We and our licensors reserve all rights not expressly granted in and to their Content.
- Personal Information Your personal data will be included in a file owned by the English company Diez Trading Limited for managing your participation in the Website, as well as for informing you, by electronic means, on events, news and activities of the Website. Diez Trading Limited is committed to ensuring the confidentiality of your personal data and to use them according to the purposes above indicated. Also, it will adopt all necessary measures to avoid its alteration, loss, treatment or unauthorized access, in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as with the English Data Protection Act of 2001. You can exercise your rights of access, rectification, cancellation and opposition by sending an e-mail to the address admin@cesc-fabregas.com.
-
Disclaimers.
- We provide the Website site on an 2018as is' basis and makes no representations or warranties of any kind with respect to this site or its Contents and we disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
- Neither us nor any of our directors, employees or other representatives will be liable for loss or damage arising out of or in connection with your use of this Website, including without limitation any damage that may be caused to any device through which you may view the Website, by reason of your viewing Content on that device or downloading any software or Content from the Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
- This Website may contain links to other sites and resources provided by third parties which may offer you products or services for a fee. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Notwithstanding the foregoing, none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
-
General terms
- The Terms constitute the whole legal agreement between you and us and govern your use of the Website and completely replace any prior agreements between you and us in relation to the Website.
- You agree that we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website.
- You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- The Terms, and your relationship with us under the Terms, shall be governed by English law. You and we each agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.