PART 1 - GENERAL TERMS OF USE

PLEASE READ THESE TERMS OF USE VERY CAREFULLY; THIS IS A BINDING AGREEMENT BETWEEN MYCUJOO AND YOU AS USER.

  1. DEFINITIONS

For the purpose of these terms of use, the capitalised and bold terms as set out below, shall have the following meaning:

Account

means the registration through the Platform of a unique (personal) account relating to a User.

App

means any MyCujoo mobile applications and/or any mobile applications (now or in the future) owned or controlled by MyCujoo, including a media player embedded in or interfacing with the App.

Content

means audio-visual footage related to Football as produced and/or uploaded by MyCujoo and/or a Publisher and made available, hosted, and/or distributed on the Platform.

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.

MyCujoo

means the Swiss company Empower Sports AG, Germaniastrasse 6, 8006 Zürich, Switzerland.

MyCujoo Designs

has the meaning as set out in clause 6.1. of these Terms.

MyCujoo 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).

PPV

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 match or event.

Platform

means the MyCujoo platform that can be accessed through the Website and the App.

Privacy Statement

means the Privacy Policy of the Platform, including a Cookies statement, which forms an integral part of these Terms and applies to the use of the Website and the App, as well as to the Services.

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 contestants of a match and (the contents of) sponsorship campaigns.

Publisher

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 MyCujoo 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.

Services

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.

Subscription

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 Football competition or group of Football competitions set together in a bundle.

Third Party Services

has the meaning as set out in clause 12. of these Terms.

Terms

means these terms of use, as updated and amended from time to time, which include the Privacy Statement.

User

means collectively, a person that uses the Platform to watch the Content and use the Services, as well as a Publisher.

Website

means www.mycujoo.tv / mycujoo.tv and/or other websites (now or in the future) owned or controlled by MyCujoo, which websites include an embedded or interfacing media player.

  1. RELATIONSHIP BETWEEN MYCUJOO AND ITS USERS
  1. These Terms govern the contractual relationship between MyCujoo and any User of the Platform, accessed through the App and/or the Website.
  2. 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.
  3. Each User hereby represents and warrants that he or she is capable of entering into, executing and performing legal agreements on his or her own behalf or on behalf of the (legal) person or (legal) entity that he or she is legally representing.
  4. These Terms shall continue to apply for as long as the User is accessing the Platform and/or remains subscribed to the Services. MyCujoo always has the right to alter or amend the (functionalities of the) Platform, which may have an impact on the Services. Either MyCujoo 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.

  1. APPLICABILITY & ACCEPTANCE OF THE TERMS | PRIVACY
  1. 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. MyCujoo 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. MyCujoo recommends its Users to regularly check these Terms.
  2. 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.
  3. The Terms include the Privacy Statement which is incorporated by reference into these Terms. By accessing the Platform and/or subscribing to the Services, MyCujoo may process Personal Data as further defined in the Privacy Statement to be accessed https://mycujoo.tv/privacy. It is advisable for each User to read the Privacy Statement before accepting the Terms.
  4. 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. MyCujoo 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. MyCujoo refers its Users to the relevant websites or applications where these terms and statements may be accessed.

  1. USE OF THE PLATFORM BY MINORS UNDER 16 YEARS OF AGE AND BLOCKED PERSONS
  1. MyCujoo’s Platform and Services are not directed towards persons under the age of 16. Persons younger than sixteen (16) years, must not and should not use the Platform, create an Account or use the Services without the permission of their parents and/or legal guardian. BY ACCESSING AND/OR USING THE PLATFORM AND THE SERVICES IN WHATEVER WAY, YOU CONFIRM AND REPRESENT THAT YOU ARE AT LEAST 16 YEARS OF AGE, THAT YOUR PARENT AND/OR LEGAL GUARDIAN AGREES TO BE BOUND BY THE TERMS OF USE INCLUDING THE PRIVACY AND COOKIE STATEMENT.
  2. The Platform and the Services are not available to any Users previously removed from the Platform by MyCujoo. 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.

  1. USER REGISTRATION | USER ACCOUNT | NOTIFICATIONS
  1. 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. MyCujoo reserves the right to make (part of) the activities as set out in this clause conditional upon registration by a User.
  2. 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 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 MyCujoo through the Platform are conditional upon the User’s prior subscription to the Services by creating an Account.
  3. The User will receive an e-mail 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.
  4. After registration, the User will be able to log in by entering a unique User ID and a password. 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.
  5. The Account password must be kept secure and confidential at all times. The User is obliged to notify MyCujoo immediately 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 misused or misappropriated. MyCujoo 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.
  6. MyCujoo 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.
  7. MyCujoo may send Users (e-mail 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. MyCujoo may also send the User (e-mail 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.

  1. CORRECT USE OF THE PLATFORM AND THE SERVICES
  1. 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 MyCujoo logos, trademarks and designations of the Platform (the MyCujoo Marks), (iii) data, statistics and analytics relating to competitions (clubs information, teams data, federations data, leagues data, player 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 MyCujoo Designs) shall remain the sole property of MyCujoo and/or their respective suppliers and licensors (Publishers or others).
  2. The intellectual property rights to the MyCujoo Designs used on the Website and/or the App, except in the Content (as the case may be), belong to MyCujoo, its affiliates or licensors.
  3. If the User, to the extent permitted by applicable statutory laws, records, downloads or otherwise copies the MyCujoo 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 MyCujoo. MyCujoo retains all rights not expressly granted in and to the Website, the App, the Services, the MyCujoo Designs and Marks, and the Content.

  1. PAID CONTENT
  1. MyCujoo 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.
  2. Part 2 of these Terms further applies to Publishers offering Content in Subscriptions and PPV basis.
  3. 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.
  4. To acquire a Subscription or an event offered on a PPV basis, the User must provide one or more Payment Methods. The User authorises MyCujoo 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 MyCujoo 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 his/her account, MyCujoo may suspend the User’s access to the Content under the Subscription he/she has acquired until MyCujoo 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 his/her Payment Method service provider for details.
  5. A User can cancel a Subscription at any time, and he/she will continue to have access to the Content under the Subscription through the end of the billing period. Payments are non-refundable and MyCujoo does not provide refunds or credits for any partial Subscription periods or unwatched Content.
  6. MyCujoo and/or Publishers may change the price of PPV events and Subscription plans from time to time, or remove the pay-wall altogether.
  7. Refunds for PPV events: MyCujoo at its sole discretion may decide to provide a refund, partial refund, or other types of remuneration in the following cases:
  1. cancellation or postponement of an event;
  2. significant downtime or technical failure, for which MyCujoo and/or the Publisher is responsible;
  3. 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).
  1. Refunds of Subscriptions: MyCujoo at its sole discretion may decide to provide a refund, partial refund, or other types of remuneration when MyCujoo 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:
  1. cancellation of events;
  2. significant downtime or technical failures, for which MyCujoo and/or the Publisher is responsible;
  3. 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).
  1. 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 (MyCujoo Refund Request Form) and complete the information therein as accurately as possible.
  2. Besides the above refunds, any other liability of MyCujoo is excluded.
  3. 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.

  1. LICENSE | WARRANTIES BY USER
  1. Subject to the User’s compliance with the Terms, MyCujoo hereby grants the User:
  1. 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;
  2. 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.
  3. a personal, limited, non-exclusive, non-transferable, freely revocable license to use the MyCujoo Marks for the positive online promotion of the MyCujoo brand or community, but only in conformity with the brand guidelines as set out in section 6.3. of these Terms.
  1. Except as provided for the use of MyCujoo 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 MyCujoo Designs and/or the Content that is not the User’s propriety.
  2. The User represents and warrants that he or she does not and will not:
  1. 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
  2. use the Platform and Services for any purpose other than to access the Content and Services as offered by MyCujoo and displayed in the Platform; and
  3. 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 MyCujoo Designs or Content; and
  4. delete or modify notices regarding copyright or other proprietary rights on the MyCujoo Designs or any Content; and
  5. 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
  6. use the Services for any illegal purpose in any jurisdiction; and
  7. collect or use (personal) information or proprietary information about Users or third parties without their and/or MyCujoo's consent; and
  8. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code in any of the MyCujoo Designs; and
  9. 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.
  1. MyCujoo (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).

  1. DISCLAIMER | NO WARRANTIES BY MyCujoo
  1. MyCujoo provides the Website, the App, the Content and the Services on an “as is” and “as available” basis without any warranty of any kind.
  2. MyCujoo 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 MyCujoo.
  1. EXCLUSION AND LIMITATION OF LIABILITY
  1. 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, MyCujoo’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 MyCujoo during the six (6) months immediately preceding the event leading to the (alleged) damage.
  2. MyCujoo 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.
  3. 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.
  1. INDEMNIFICATION
  1. Notwithstanding anything to the contrary in these Terms, the User shall indemnify, defend and hold harmless MyCujoo 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.
  2. MyCujoo 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 MyCujoo, and the User herewith agrees to fully cooperate with MyCujoo's defence of such claims and will provide any and all relevant information as reasonably requested by MyCujoo to prepare and execute its defence.
  1. LINKS TO AND THE USE OF THIRD PARTY WEBSITES | PAYMENT PROVIDER
  1. The Website and/or the App may contain or enable links to websites or services operated by parties other than MyCujoo (the Third Party Services). Third Party Services may have their own terms of use and privacy statement. MyCujoo does not endorse any such Third Party Services or the information, materials, products, or services provided by, or accessible through these Third Party Services.
  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 and expense.
  3. 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. MyCujoo and/or the relevant third party payment provider reserves the right to refuse payments at their discretion.

  1. MISCELLANEOUS
  1. 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.
  2. These Terms constitute the entire understanding between MyCujoo 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.
  3. MyCujoo 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.
  4. The failure of either MyCujoo 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.
  5. A User may not transfer, assign, cede or novate any of his/her rights or obligations under these Terms to a third party without MyCujoo's prior written consent.
  6. MyCujoo may at its sole discretion freely transfer, assign, cede or novate these Terms or any rights or obligations hereunder to any third party.
  1. APPLICABLE LAW AND JURISDICTION
  1. These Terms shall be governed by and construed in accordance with the laws of Switzerland.
  2. 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.
  1. CONTACT MyCujoo
  1. 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 Germaniastrasse 6, 8006 Zürich, Switzerland.
  2. Users can contact MyCujoo by email to [email protected].