In case of conflict between the sections of these terms, the following order of priority shall apply:
PLEASE READ THESE TERMS OF USE VERY CAREFULLY; THIS IS A BINDING AGREEMENT BETWEEN ELEVEN AND YOU AS USER.
-
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 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.
- Content
- 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.
- Event
- means various sporting events, such as trials, competitions,
matches, friendlies, races, fights, including but not limited to
Football.
- 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.
- ELEVEN
- 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).
- 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
event.
- Platform
- means the ELEVEN 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 participant of an event 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 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.
- 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 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.
- Terms
- means these terms of use, as updated and amended from time to time, which include the Privacy Policy.
- User
- means collectively, a person that uses the Platform to watch the Content and use the Services, as well as a Publisher.
- Website
- meanselevensports.com and other websites (now or in the future)
owned or controlled by ELEVEN, which websites include an embedded or
interfacing media player.
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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.
- The Terms include the Privacy Policy which is incorporated by
reference into these Terms. By accessing the Platform and/or subscribing
to the Services, ELEVEN may process Personal Data as further defined in
the Privacy Policy to be accessed https://elevensports.com/privacy. It is advisable for each User to read the Privacy Policy before accepting the Terms.
- 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
- ELEVENs 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.
- 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 info@elevensports.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.
-
PAID 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.
-
INDEMNIFICATION
- 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
- The Website and/or the App may contain or enable links to websites
or services operated by parties other than ELEVEN (the Third Party
Services). Third Party Services may have their own terms of use and
privacy statement. ELEVEN does not endorse any such Third Party Services
or the information, materials, products, or services provided by, or
accessible through these Third Party Services.
- 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.
-
MISCELLANEOUS
- 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.
-
CONTACT ELEVEN
- 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 info@elevensports.com
- The contact details for queries concerning Subscriptions plans and PPV events are set out in Appendix A.
APPENDIX A – SPECIAL TERMS OF USE
ITALY, VATICAN CITY AND SAN MARINO
These Terms of Use – Appendix A govern contracts for Subscription
plans and PPV events in the following territories: Italy, Vatican City
and San Marino (“Territories”)”.
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").
These Special Terms apply in conjunction with the General Terms of
Use - Part 1, with the exception of the following clauses of the General
Terms of Use - Part 1, which are not applicable to Users in the
Territories: clauses 3.1, 4.1, 7, 11.
- 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.
- ELEVEN ITALY may change from time to time the terms of
Subscription plans, the price of Subscription plans and PPV events and
these Terms of Use; however, any change will apply not earlier than 30
days following notice to Users, who will also be offered the option to
cancel the Subscription if the changes are not acceptable to them. The
changes will be deemed as accepted if Users do not communicate their
cancellation in accordance with the terms set out herein.
- 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: info-italia@elevensports.com. Eleven Sports Italia S.r.l., via Pietro Giannone 9, 20154 Milan, Italy, VAT number 10979751004
TAIWAN
These Terms of Use – Appendix A govern contracts for Subscription plans
and PPV events in the following territories: Taiwan.
The contracts are between the Users and
Eleven Sports Taiwan , VAT number 24810986 (“ELEVEN SPORTS NETWORK LTD. TAIWAN BRANCH (U.K.) ”).
These Special Terms apply in conjunction with the General Terms of Use - Part 1,
with the exception of the following clauses of the General Terms of Use - Part 1,
which are not applicable to Users in the Territories: clauses 3.1, 4.1, 7, 11.
- ELEVEN TAIWAN 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 TAIWAN 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 TAIWAN 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 TAIWAN may suspend the User’s access to the Content under the Subscription
they acquired until ELEVEN TAIWAN 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 TAIWAN 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.
- ELEVEN TAIWAN may change from time to time the terms of
Subscription plans, the price of Subscription plans and PPV events and
these Terms of Use; however, any change will apply not earlier than 30
days following notice to Users, who will also be offered the option to
cancel the Subscription if the changes are not acceptable to them. The
changes will be deemed as accepted if Users do not communicate their
cancellation in accordance with the terms set out herein.
- Users must be at least 20 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.
- Users acknowledge and agree the Subscription plans and PPV events are
in conformity with the description provided in Subparagraph 5 of Article 2 of
the “Regulations on Reasonable Matters as Exceptions to Rescind the Distance Sales”,
stating that “the supply of digital content which is not supplied on a tangible medium,
or online services which would be fully performed once begun, with the consumer’s prior consent.”
Therefore, the right to rescind the contract within 7 days provided in Article 19 of the Consumer Protection Act shall not apply
- 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 to waive
the right to rescind the contract in the Subscription period (which has to be determined by the applicable Subscription plan)
once the downloading or streaming of the digital content has commenced.
- Force Majeure. ELEVEN TAIWAN 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 TAIWAN,
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 TAIWAN as follows: otttw@elevensports.com. Customer service hotline: 0809-000-809. Eleven Sports Taiwan, 6F., No. 102, Guangfu S. Rd., Da’an Dist., Taipei City, Taiwan. VAT number 24810986