In case of conflict between the sections of these terms, the following order of priority shall apply:
- means the registration through the Platform of a unique (personal) account relating to a User.
- means any ELEVEN applications and/or any applications (now or in the future) owned or controlled by ELEVEN including a media player embedded in or interfacing with the App.
- means audio-visual footage related to an event as produced and/or uploaded by ELEVEN and/or a Publisher and made available, hosted, and/or distributed on the Platform.
- means various sporting events, such as trials, competitions, matches, friendlies, races, fights, including but not limited to Football.
- means the various football games descendent from the rules of the English football association “The Football Association” including but not limited to association football (a.k.a. soccer), as well as other football variants such as futsal, beach soccer, indoor soccer, mini-football, among others.
- means the Swiss company Empower Sports AG, c/o Controva AG , Hoeschgasse 25, 8008 Zürich, Switzerland.
- ELEVEN Designs
- has the meaning as set out in clause 6.1. of these Terms.
- ELEVEN Marks
- has the meaning as set out in clause 6.1.of these Terms.
- Net Revenues
- means money(s) received from the sub-licensing of Published Content to third parties and the sales of digital advertising and sponsorship to third parties in relation to the Published Content, after deduction of any agency fees, any distribution fees (such as but not limited to the distribution with the Player on third party websites), VAT and taxes (if applicable) payment gateway systems costs or any other sales costs from third parties involved in the transaction (if applicable).
- means pay-per-view, i.e. a service in which Users with an Account on the Platform are required to pay a fee in order to watch a specific event.
- means the ELEVEN platform that can be accessed through the Website and the App.
- Privacy Statement
- Published Content
- means the Content as well as any other information the Publisher adds to the Publisher Account and is displayed in or through the Publisher Account by any of the Publishers, such as but not limited to: information about the participant of an event and (the contents of) sponsorship campaigns.
- means an owner or rightsholder of Content, who intends to create, stream, upload and publish live and on-demand Content for distribution in the Platform and through the ELEVEN media player.
- Publisher Account
- means the Account of a Publisher, to which selected Users are granted access by the Publisher, in order to create, distribute and publish Content in the Platform.
- Publisher Designs
- has the meaning as set out in clause 19.1. of these Terms.
- means services as further specified under clause 5. of these Terms, associated with (i) the distribution and reception of Content by way of live (i.e. simultaneous or nearly simultaneous) streaming of and subsequent on-demand download and streaming through the means of a media player embedded in or interfacing with the Platform (ii) associated services aiming at creating a community between Users and Publishers.
- means a service in which Users with an Account are required to pay a one-off fee or subscribe for recurring payments (e.g. monthly fees) in order to watch a specific Content related to one event or a group of events set together in a bundle.
- Third Party Services
- has the meaning as set out in clause 12. of these Terms.
- means collectively, a person that uses the Platform to watch the Content and use the Services, as well as a Publisher.
- meanselevensports.com and other websites (now or in the future) owned or controlled by ELEVEN, which websites include an embedded or interfacing media player.
RELATIONSHIP BETWEEN ELEVEN AND ITS USERS
- These Terms govern the contractual relationship between ELEVEN and any User of the Platform, accessed through the App and/or the Website.
- The Platform enables: (i) distribution and reception of audio-visual Content by way of live (i.e. simultaneous or nearly simultaneous) streaming and/or subsequent on-demand download or streaming by the means of a media player embedded in or interfacing with the Website and/or App, and/or (ii) Services between Users and Publishers of Content.
- Each User hereby represents and warrants that they are capable of entering into, executing and performing legal agreements on their own behalf or on behalf of the (legal) person or (legal) entity that they are legally representing.
- These Terms shall continue to apply for as long as the User is accessing the Platform and/or remains subscribed to the Services. ELEVEN always has the right to alter or amend the (functionalities of the) Platform, which may have an impact on the Services. Either ELEVEN or the User may discontinue the User’s Account and/or the User’s subscription to the Services at any time and without prior notice.
APPLICABILITY & ACCEPTANCE OF THE TERMS | PRIVACY
- By accessing the Platform through the Website or the App and/or subscribing to the Services, each User agrees to be bound by the Terms. ELEVEN has the right, at its sole discretion, to amend these Terms including any related policy or annexe at any time by posting the amended version of such Terms on the Website and App. The User’s continued use of the Website and/or App and/or Services after the posting amended Terms constitutes the User’s binding acceptance of such changes. ELEVEN recommends its Users to regularly check these Terms.
- It is possible that additional terms and conditions apply to certain specific (promotional and/or advertising) campaigns and/or commercial initiatives for which specific registration and acceptance is required.
- If the Website and/or App use or refer to Third Party Services, additional terms and conditions and/or privacy and cookie statements (as updated and amended from time to time) may apply. ELEVEN does not have any responsibility or liability (whether directly or indirectly) regarding the use of these Third Party Services by the Users and the terms applicable to such Third Party Services. ELEVEN refers its Users to the relevant websites or applications where these terms and statements may be accessed.
USE OF THE PLATFORM BY MINORS UNDER 16 YEARS OF AGE AND BLOCKED PERSONS
- The Platform and the Services are not available to any Users previously removed from the Platform by ELEVEN. The Platform and the Services are furthermore not available to any persons barred from accessing, using and/or receiving them under any applicable laws in any other jurisdiction. BY ACCESSING AND USING THE PLATFORM AND THE SERVICES, YOU REPRESENT THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM USING AND ACCESSING THE PLATFORM AND/OR RECEIVING THE SERVICES.
USER REGISTRATION | USER ACCOUNT | NOTIFICATIONS
- No User registration is required to view Content that is accessible on the Platform, live or on-demand, and to share content/links to content on third party websites and messaging services in accordance with these Terms. ELEVEN reserves the right to make (part of) the activities as set out in this clause conditional upon registration by a User.
- All further access to the Services, such as but not limited to uploading any Content by the creation of an event, participating in a chat, watching PPV events, acquiring a Subscription, endorsing a stream, following a participant/club/team/competition, receiving notifications, the reception and distribution of live streaming or any such other services as may from time to time be made available by ELEVEN through the Platform are conditional upon the User’s prior subscription to the Services by creating an Account.
- The User will receive an email notification for the purpose of the activation of the Account. When creating the Account and completing the required fields, the User is required to provide accurate and complete information.
- After registration, the User will be able to log in by entering a unique User ID and a password, or using a social network account. The Account is personal to the User, and the User is solely responsible for any and all activity that occurs under or through the Account.
- The Account password must be kept secure and confidential at all times. The User is obliged to notify ELEVEN immediately at email@example.com if the User becomes aware that the password has been disclosed to an unauthorized third party or that the Account is being misused or misappropriated. ELEVEN will not be responsible or liable, directly or indirectly, in any way for any loss, cost, claim or damage of any kind incurred as a result of, or in connection with, the User’s failure to comply with this provision or these Terms.
- ELEVEN has the right to suspend, block, reset or disable the Account and/or password at its sole discretion and without any penalty or liability whatsoever and to remove and discard (part of) the Account, User profile, and any Content, at any time and without prior notice to the User.
- ELEVEN may send Users (email or other) notifications to verify certain account information or before deletion of an Account that has not been used for a certain period of time. ELEVEN may also send the User (email or other) notifications, for instance when a match of a followed team is starting, or otherwise in connection with other Services on the Platform. The User may always opt-out from receiving such notifications in the Account.
CORRECT USE OF THE PLATFORM AND THE SERVICES
- The User acknowledges and agrees that all rights pertaining to (i) the Platform (including the software, the source code, the application programming interfaces, texts, graphics, interactive features, logos, photos, music, videos, all other audible, visual or downloadable materials,), (ii) the ELEVEN logos, trademarks and designations of the Platform (the ELEVEN Marks), (iii) data, statistics and analytics relating to competitions (clubs information, teams data, federations data, leagues data, player/participant data), to the Content (goals, ball possessions, cards, penalties, etc) and (iv) data from the community, election, organization, coordination, compilation and overall look and feel of the Platform (6.1. (i) to (iv) collectively: the ELEVEN Designs) shall remain the sole property of ELEVEN and/or their respective suppliers and licensors (Publishers or others).
- The intellectual property rights to the ELEVEN Designs used on the Website and/or the App, except in the Content (as the case may be), belong to ELEVEN, its affiliates or licensors.
- If the User, to the extent permitted by applicable statutory laws, records, downloads or otherwise copies the ELEVEN Designs and/or Content for personal and non-commercial use, the User must retain all copyright, trademark, or other proprietary notices for and on behalf of ELEVEN. ELEVEN retains all rights not expressly granted in and to the Website, the App, the Services, the ELEVEN Designs and Marks, and the Content.
- ELEVEN may offer a number of Subscriptions and PPV events. Subscription plans and PPV events may have differing pricings, accessible Content, conditions and limitations, which will be disclosed to the User in the Platform. Users can sign up to multiple Subscriptions at the same time.
- The Subscription fee, if any, will be charged to the Payment Method provided by the User on the specific billing date. The length of the billing cycle will depend on the type of Subscription that the User chooses when signing up for the Subscription. In some cases, the payment date may change, for example, if the User's Payment Method has not successfully settled.
- To acquire a Subscription or an event offered on a PPV basis, the User must provide one or more Payment Methods. The User authorises ELEVEN to charge any Payment Method associated with his/her account in case the User’s primary Payment Method is declined or no longer available to ELEVEN for payment of the Subscription fee. The User remains responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and the User does not cancel the Subscription or their account, ELEVEN may suspend the User’s access to the Content under the Subscription they acquired until ELEVEN has successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge the User certain fees, such as foreign transaction fees or other fees relating to the processing of the Payment Method. Local tax charges may vary depending on the Payment Method used. User must check with their Payment Method service provider for details.
- A User can cancel a Subscription at any time, unless otherwise provided in the terms governing their Subscription plan as set out in Appendix A, and they will continue to have access to the Content under the Subscription through the end of the billing period. Payments are non-refundable and ELEVEN does not provide refunds or credits for any partial Subscription periods or unwatched Content.
- ELEVEN and/or Publishers may change the price of PPV events and Subscription plans from time to time, or remove the pay-wall altogether.
- Refunds for PPV events: ELEVEN at its sole discretion may decide to provide a refund, partial refund, or other types of remuneration in the following cases:
- cancellation or postponement of an event;
- significant downtime or technical failure, for which ELEVEN and/or the Publisher is responsible;
- if the event was advertised as being exclusively available on the Platform in the territory of the User, and the event was legally streamed in the same territory for free in other IP-based transmission systems (including but not limited to internet and wireless/mobile transmission; except for linear television).
- Refunds of Subscriptions: ELEVEN at its sole discretion may decide to provide a refund, partial refund, or other types of remuneration when ELEVEN and/or its partners cannot deliver, within the duration of the Subscription, at least the minimum amount of individual events of the same Football competitions that were offered in such a bundle, in the following cases:
- cancellation of events;
- significant downtime or technical failures, for which ELEVEN and/or the Publisher is responsible;
- if the Content of the Subscription was advertised as being exclusively available on the Platform in the territory of the User, and the Content of the Subscription was legally streamed in the same territory for free in other IP-based transmission systems (including but not limited to internet and wireless/mobile transmission; except for linear television).
- If a User would like to request a refund, the User must request it within 7 days from the date of the payment or the event, whichever is later through the correct channel (ELEVEN Refund Request Form) and complete the information therein as accurately as possible.
- Besides the above refunds, any other liability of ELEVEN is excluded.
- Purchases of PPV events or Subscriptions have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if such came with a durational term (e.g., a monthly subscription). Accordingly, the User has no property, proprietary, intellectual property, ownership, or monetary interest in the event or subscription.
LICENSE | WARRANTIES BY USER
- Subject to the User’s compliance with the Terms, ELEVEN hereby grants the User:
- a personal, limited, non-exclusive, non-transferable, freely revocable license to access the Platform and to use the functionalities on the Platform and/or provided by the Services in conjunction with access to the Content;
- a personal, limited, non-exclusive, non-transferable, freely revocable sub-license to access, view and use the Content through the Platform and/or the Services solely as permitted through the functionality of the Services.
- a personal, limited, non-exclusive, non-transferable, freely revocable license to use the ELEVEN Marks for the positive online promotion of the ELEVEN brand or community, but only in conformity with the brand guidelines as set out in section 6.3. of these Terms.
- Except as provided for the use of ELEVEN Marks as set out in section 6.3. and 8.1.3. of these Terms, the User will not sell, license, distribute, copy, record, modify, publicly perform or display, transmit, publish or republish, including republication on another website, edit, adapt, create derivative works from, or otherwise make use of the ELEVEN Designs and/or the Content that is not the User’s propriety.
- The User represents and warrants that they do not and will not:
- impersonate another person or entity, or claim or use a false identity when registering to the Website or the App, or access the Services by using or creating a User Account in the name of a (non-existent) third party or a non-existent person; and
- use the Platform and Services for any purpose other than to access the Content and Services as offered by ELEVEN and displayed in the Platform; and
- bypass, disable or otherwise interfere with security-related features of the Services or features that prevent, limit, or restrict the access to the Website, the App, and/or the use or reproduction of any ELEVEN Designs or Content; and
- delete or modify notices regarding copyright or other proprietary rights on the ELEVEN Designs or any Content; and
- use the Website, the App and/or Services if and to the extent this is illegal under the jurisdiction he or she is subject to; and
- use the Services for any illegal purpose in any jurisdiction; and
- collect or use (personal) information or proprietary information about Users or third parties without their and/or ELEVEN's consent; and
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code in any of the ELEVEN Designs; and
- interfere in any way with, or damage the operation or execution of the Services or any User's enjoyment of them by any means, including uploading or otherwise disseminating viruses, spyware, worms or other malicious code.
- ELEVEN (for itself and/ or on behalf of a Publisher) reserves the right to suspend, discontinue or modify any aspect of the Platform and/or the Services at any time, including the right to discontinue fully or partially the display of any Content or linked or embedded content, and to prevent access to the Website and/or App and/or any Content in specific territories (geo-blocking).
DISCLAIMER | NO WARRANTIES BY ELEVEN
- ELEVEN provides the Website, the App, the Content and the Services on an “as is” and “as available” basis without any warranty of any kind.
- ELEVEN disclaims to the extent permitted by law, any and all warranties, whether express, statutory or implied, including, but not limited to: (a) warranties of merchantability or fitness for a particular purpose, (b) warranties on non-infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, breakdowns, slowdowns, errors or omissions in the Services, particularly in any unannounced termination of the provision of Content (d) warranties relating to the transmission or delivery of the Services, (e) warranties relating to the accuracy or completeness of information or data in the Services, on the Website and/or App, and/ or (f) other warranties relating to performance, non-performance, or other acts or omissions of ELEVEN.
EXCLUSION AND LIMITATION OF LIABILITY
- Irrespective of the reason for liability (contractual, non-contractual, breach of warranty, etc.) and irrespective of the number and point in time of the occurrence of the damaging events, ELEVEN’s liability or responsibility under or in conjunction with these Terms shall be limited to direct damages only and is further limited to the amount actually paid by the User (if any) to ELEVEN during the six (6) months immediately preceding the event leading to the (alleged) damage.
- ELEVEN shall not be liable for any type of special, incidental, punitive, indirect and consequential damages, including, but not limited to loss of profits or revenue, loss of income, loss of use, loss of interest, loss of data or damage to the reputation.
- The limitations and exclusions of this clause 10 shall not apply (a) in case of wilful misconduct or gross negligence, (b) in the event of death or bodily injury, (c) if and to the extent mandatory applicable law provides otherwise.
- Notwithstanding anything to the contrary in these Terms, the User shall indemnify, defend and hold harmless ELEVEN from and against any losses, claims, damages, liabilities, and costs, (including but not limited to: reasonably incurred legal fees and expenses), arising out of any third party claim in relation to, or arising out of, the User’s violation of these Terms.
- ELEVEN reserves the right, at the User’s expense, to assume and take over the exclusive defence and control of any matter for which the User is required to indemnify ELEVEN, and the User herewith agrees to fully cooperate with ELEVEN's defence of such claims and will provide any and all relevant information as reasonably requested by ELEVEN to prepare and execute its defence.
LINKS TO AND THE USE OF THIRD PARTY WEBSITES | PAYMENT PROVIDER
- Access and use of Third Party Services, including the information, materials, products, and services on, or available through, Third Party Services is solely at the User’s own risk and expense.
- A PPV event or events offered within a Subscription can only be watched by a User with an Account. The payment relating to the PPV event or Subscription is subject to the terms and conditions of the online third party payment provider. ELEVEN and/or the relevant third party payment provider reserves the right to refuse payments at their discretion.
- If at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the applicable law of any jurisdiction, neither the legality, validity nor enforceability of the remaining provisions hereof nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby. The invalid provision shall be replaced by a valid one, which achieves to the greatest extent possible the original purpose, commercial goal and intent of the invalid provision.
- These Terms constitute the entire understanding between ELEVEN and its User with respect to the subject matter of these Terms and supersede all prior agreements, negotiations and discussions related to the subject matter hereof.
- ELEVEN and the User declare that each has the right, power and authority and has taken all necessary action to execute and deliver and to exercise their rights and perform their obligations under these Terms.
- The failure of either ELEVEN or the User to exercise or enforce any right under these Terms shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.
- A User may not transfer, assign, cede or novate any of his/her rights or obligations under these Terms to a third party without ELEVEN's prior written consent.
- ELEVEN may at its sole discretion freely transfer, assign, cede or novate these Terms or any rights or obligations hereunder to any third party.
APPLICABLE LAW AND JURISDICTION
- These Terms shall be governed by and construed in accordance with the laws of Switzerland. These terms will not limit any consumer protection rights that Users may be entitled to under the mandatory laws of their country of residence.
- Any dispute arising out of or in conjunction with these Terms shall be submitted to the exclusive jurisdiction of the courts of the city of Zurich, Switzerland, without prejudice to the right of Users to bring a dispute before the courts of their country of residence, if so provided by mandatory laws.
- The Website, the App and the Services are provided by or through Empower Sports AG, registered in Zürich, Switzerland under registration number CHE-297.431.835. The registered address is c/o Controva AG , Hoeschgasse 25, 8008 Zürich, Switzerland.
- Users can contact ELEVEN by email to firstname.lastname@example.org
- The contact details for queries concerning Subscriptions plans and PPV events are set out in Appendix A.
ITALY, VATICAN CITY AND SAN MARINO
The contracts are between the Users and Eleven Sports Italia S.r.l., via Pietro Giannone 9, 20154 Milan, Italy, VAT number 10979751004 (“ELEVEN ITALY").
- ELEVEN ITALY offers a number of Subscription plans and PPV events. Subscription plans and PPV events may have differing pricings, accessible Content, conditions and limitations, which will be disclosed to the User in the Platform. Users can sign up to multiple Subscriptions at the same time.
- The Subscription fee will be charged to the Payment Method provided by the User on the specific billing date. The length of the billing cycle will depend on the type of Subscription that the User chooses when signing up for the Subscription plan. In some cases, the payment date may change, for example, if the User's Payment Method has not successfully settled. The Platform will describe in detail the Subscription fees. In general, the Subscription fees, depending on the type of Subscription plans, will be charged: a) monthly (monthly subscriptions); b) up front for a certain period (season subscriptions); c) as one-off payments (PPV events).
- To acquire a Subscription plan or an event offered on a PPV basis, the User must provide one or more Payment Methods. The User authorises ELEVEN ITALY to charge any Payment Method associated with their account in case the User’s primary Payment Method is declined or no longer available to ELEVEN ITALY for payment of the Subscription fee. The User remains responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and the User does not cancel the Subscription or their account, ELEVEN ITALY may suspend the User’s access to the Content under the Subscription they acquired until ELEVEN ITALY has successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge the User certain fees, such as foreign transaction fees or other fees relating to the processing of the Payment Method. The User must check with their Payment Method service provider for details.
- A User can cancel a Subscription as provided in the terms governing their Subscription plan as described in the Platform or in the relevant section of their Account Settings. Users will continue to have access to the Content under the Subscription through the end of the billing period. Payments are non-refundable and ELEVEN ITALY does not provide refunds or credits for any partial Subscription periods or unwatched Content. Season subscriptions cannot be cancelled.
- To cancel a Subscription, a User may access their Account Settings and click on the "Cancel Subscription" button.
- Users must be at least 18 years of age to purchase Subscription plans or PPV events.
- Subscription plans and PPV events are for domestic use only (i.e. any commercial use, including any public performance, is excluded).
- Users may access Contents in the Territories.
- The number of devices, and concurrent streams, on which Users may watch Contents is specified in the Subscription plan or PPV event described in the Platform.
- No right of withdrawal. The Italian Consumer Code (Legislative Decree no. 206/05 and subsequent amendments) generally provides for a right of withdrawal from contracts concluded on websites by consumers (within 14 days of the conclusion of the contract), but excludes the right of withdrawal in the case of supply of digital content by means of a non-material support, when the commencement of the supply has begun with the express agreement of the consumer and his acceptance that in this case he would have lost the right of withdrawal.
- In view of the nature of the Subscription Plans and the PPV events, at the time of concluding the contract, the User agrees to the immediate commencement of the service and therefore accepts that the right to withdraw from the contract will cease once the downloading or streaming of the digital content has commenced.
- Force Majeure. ELEVEN ITALY shall not have any liability to Users for any delay or failure to deliver the Contents to the extent that such delay or failure arises from causes beyond the reasonable control of ELEVEN ITALY, including, but not limited to, failure of equipment or infrastructure, fire, floods, acts of God, acts of any authority, industrial disputes and the cancellation or postponement of any event.
- Users can contact ELEVEN ITALY as follows: email@example.com. Eleven Sports Italia S.r.l., via Pietro Giannone 9, 20154 Milan, Italy, VAT number 10979751004