Terms of Use

1. Relationship between MyCujoo and its user in general

1.1. These terms of use (the "Terms") govern the contractual relationship between Empower Sports AG, Germaniastrasse 6, 8006 Zurich, Switzerland ("mycujoo.tv") and the end-user (the “User”) of the mycujoo.tv websites www.mycujoo.tv, www.mycujoo.tv, other websites owned or controlled by mycujoo.tv, and/or mycujoo.tv mobile apps ("Website") that allow for (i)reception of audio-visual content ("Content") by way of live (i.e. simultaneous or nearly simultaneous) streaming and/or subsequent on-demand download or streaming through the means of a media player embedded in or interfacing with the Website and/or (ii) associated services aiming at creating a community between Users and publishers of Content (each a “Club”) (collectively the "Services").

2. Accepting the Terms

2.1. By accessing the Website or subscribing to the Services, the User agrees to be bound by the Terms. The User hereby represents and warrants to mycujoo.tv that he or she is capable of entering into and performing legal agreements on his or her own behalf or on behalf of the person or entity that he or she is legally representing.
2.2. These Terms shall continue to apply as long as the User is accessing the Website or remains subscribed to the Services. Either mycujoo.tv or the User may discontinue the User’s subscription to the Services at any time and without prior notice.
2.3. When accessing the Website or subscribing to the Services, the User will be subject to additional terms and policies ("User’s Terms & Policies"), as may be updated from time to time, available on the Website and/or the account of the User. All such Terms & Policies are hereby incorporated by reference into these Terms.
2.4. The User should print off or save a local copy of the Terms for his or her records.

3. Changes to the terms

3.1. mycujoo.tv reserves the right, at mycujoo.tv's sole discretion, to modify these Terms and any Policy at any time by posting the amended Terms or Policy on the Website. The User’s continued use of the Services after the posting of changes constitutes the User’s binding acceptance of such changes.

4. Registration and Account

4.1. No User registration is needed to receive Content that is accessible live or on-demand.
4.2. All further access to the Services is conditional upon the User’s prior subscription to the Services by registering on the Website (the “Account”). Thereafter the User will be able to login by entering a User ID and a password.
4.3. The Account is personal to the User, and the User is solely responsible for any and all activity that occurs under the Account.
4.4. When creating the Account, the User is required to provide accurate and complete information.
4.5. The Account password must be kept secure and confidential at all times. The User is obliged to notify mycujoo.tv forthwith at "[email protected]" if the User becomes aware that the password has been disclosed to an unauthorized third party or that the Account is being misappropriated. mycujoo.tv will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the User’s failure to comply with this provision.
4.6. mycujoo.tv reserves the right to suspend or disable the Account or password at its discretion and without any penalty or liability whatsoever and to remove and discard all or any part of the Account, User profile, and any Content, at any time and without prior notice.

5. License - Warranties by User

5.1. The data and materials on the Website, except Content, including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Services ("Materials") are the intellectual property of mycujoo.tv, its affiliates or its licensors. All trademarks and trade names, except in Content, are proprietary to mycujoo.tv, its affiliates or licensors.
5.2. Subject to the User’s compliance with the Terms, mycujoo.tv hereby grants the User:
(a) a personal, limited, non-exclusive, non-transferable, freely revocable license to access the Website and to use the functionality provided by the Services in conjunction with access to the Content;
(b) a personal, limited, non-exclusive, non-transferable, freely revocable sub-license to access and use the Content through the Services solely as permitted through the functionality of the Services.
5.3. The User agrees not to 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 Materials and/or the Content that is not considered the User’s propriety. If the User, to the extent permitted by applicable statutory laws, records, downloads or otherwise copies the Materials and/or Content for personal and non-commercial use, the User must retain all copyright, trademark, or other proprietary notices. mycujoo.tv reserves all rights not expressly granted in and to the Website, the Services, the Materials, and the Content.
5.4. The User hereby represents and warrants that he or she will not:
(a) impersonate another person or entity, or claim a false identity when registering to the Website, or access the Services by using a User Account of a third party; and
(b) use the Services for any purpose other than to access the Services as offered by mycujoo.tv; and
(c) bypass, disable or otherwise interfere with security related features of the Services or features that prevent, limit, or restrict the access to the Website and/or the use or re-production of any Materials or Content; and
(d) delete or modify notices regarding copyright or other proprietary rights on the Materials or any Content; and
(e) use the Services if and to the extent this is illegal under the jurisdiction he or she is subject to; and
(f) use the Services for any illegal purpose in any jurisdiction; and
(g) collect personal information about Users or third parties without their and mycujoo.tv's consent; and
(h) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code in any of the Materials; and
(i) interfere with or damage the operation 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.
5.5. mycujoo.tv reserves the right to suspend, discontinue or modify any aspect of 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 or any Content from specific territories (geo-blocking).

6. No Warranty

6.1. To the extent permitted by applicable law, the Website, the Services and the Content are provided to the User on an "as is" basis without warranty of any kind.
6.2 Without limiting the generality of the foregoing, mycujoo.tv disclaims to the extent permitted by law any and all warranties, express or implied, including, without limitation, any (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, 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, or (f) other warranties relating to performance, non-performance, or other acts or omissions of mycujoo.tv.

7. Exclusion and Limitation of Liability

7.1. mycujoo.tv’s and the User’s liability under or in conjunction with these Terms under any title shall be limited to the amount paid by the User, if any, to mycujoo.tv during the twelve (12) months immediately preceding the event of damage.
7.2. Neither mycujoo.tv nor the User shall be liable for indirect and consequential damages, loss of profits, loss of income, loss of use, loss of interest, loss of data or damage to the reputation.
7.3. The above limitations and exclusions 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 law provides otherwise, or (d) with respect to the User’s obligation to indemnify mycujoo.tv under Section 11.

8. Indemnification

8.1. Notwithstanding anything to the contrary in these Terms, the User shall indemnify, defend and hold harmless mycujoo.tv from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of any third party claim due to or arising out of the User’s violation of these Terms, including but not limited to a claim arising out of a breach of the User’s representations or warranties made hereunder.
8.2. mycujoo.tv reserves the right, at the User’s expense, to assume the exclusive defence and control of any matter for which the User is required to indemnify mycujoo.tv, and the User herewith agrees to cooperate with mycujoo.tv's defence of these claims.

9. Third Party Websites

9.1. The Website may contain links to websites or services operated by other people or companies, (collectively "Third-party Services"). Third-party Services may have their own terms of use and privacy policy or no terms of use or privacy policy at all. mycujoo.tv does not endorse any such Third-party Services or the information, materials, products, or services contained on or accessible through Third-party Services.
9.2. 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.

10. Applicable Law and Jurisdiction

10.1. This contract shall be governed by and construed in accordance with the substantive laws of Switzerland, unless mandatory conflicts of law rules prevailing in the country where the User is resident provide otherwise.
10.2. Without prejudice to mandatory procedural law, any dispute arising out of or in conjunction with this contract shall be submitted to the exclusive jurisdiction of the courts of the city of Zurich, Switzerland.

11. Severability and Good Faith

11.1. If, at any time, any provision of this contract is or becomes illegal, invalid or unenforceable in any respect under the 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 extent possible the original purpose and commercial goal and intent of the invalid provision.

12. Assignment

12.1. The User may not assign or novate any of his or her rights or obligations under these Terms to a third party without mycujoo.tv's prior written consent.
12.2. mycujoo.tv may at its discretion assign or novate these Terms or any rights or obligations hereunder to any third party.

13. Contacts

13.1. The Website and the Services are provided by Empower Sports AG, registered in Zürich, Switzerland under registration number CHE-297.471.835. The registered address is Germaniastrasse 6, 8006 Zurich, Switzerland.
13.2. The User can contact mycujoo.tv by email to [email protected]