Effective Date: 12/10/2022
PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE DAZN SERVICE. FOR EXAMPLE, THE TERMS INCLUDE YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, LIMITATIONS OF OUR LIABILITY TO YOU, AND A REQUIREMENT THAT YOU AGREE TO THE CLASS ACTION WAIVER IN SECTION 15.
YOUR ACCESS TO AND USE OF THE DAZN SERVICE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
1. About Us.
1.1 Hello and welcome to the world of DAZN. DAZN is a subscription service that provides subscribers with access to a wide range of sports events from around the world streamed to a range of devices including Internet-connected TVs, computers and other platforms ("DAZN Service"). To enhance your enjoyment of the DAZN Service, we will also provide recommendations of broadcasts you might be interested in and other interesting sports information.
1.2 The DAZN Service is made available to you through by DAZN Limited. DAZN MEDIA BRASIL SERVICOS LIMITADA (“DAZN MBSL”, "We" or "Us") provides payment services in respect of the DAZN Service and procures access to the DAZN Service ("DAZN Payment Services"). Except for as provided by third parties app stores, we alone are solely responsible for managing payments and billing in connection with the DAZN Service and application ("App").
2. Key Terms of Use.
2.1 These Terms and Conditions ("T&Cs") apply to the DAZN Payment Services. DAZN Limited’s Terms of Use apply for all purposes related to the provision and use of the DAZN Service and content made available over the DAZN Service and are incorporated and deemed part of these T&Cs. You may find DAZN Limited's Terms of Use below. Reference to ‘We’ or ‘Us’ in the T&Cs (excluding DAZN Limited's Terms of Use) is only to DAZN MBSL.
2.2 BY SIGNING UP FOR THE DAZN SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE T&Cs AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE T&Cs. IF YOU DO NOT AGREE TO THE T&Cs, YOU MAY NOT SUBSCRIBE TO THE DAZN SERVICE.
2.3 For the avoidance of doubt, any offers, promotions or discounts that you may receive may be subject to additional terms and conditions which either supersede or supplement these T&Cs. If you choose to participate in those promotions, the applicable additional terms and conditions are also incorporated and deemed part of these T&Cs. In the event of a conflict between these T&Cs and the additional terms and conditions, the additional terms and conditions shall prevail.
2.4 Paid subscription plans are offered in respect of the DAZN Service, the cost & entitlements of which (such as access to sports content, functionality and/or any other features) will be outlined at sign-up or in other communications made available to you prior to purchasing the subscription plan (each a “Paid Subscription”). Certain sports events may only be available on a pay per view basis for which additional terms, as set out prior to sign-up, shall apply (“Add-On Event”). We may also offer a free subscription for which additional terms, as set out prior to you subscribing for such subscription, shall apply (“Free Subscription”). You can find specific details regarding your subscription plan by visiting the myAccount section.
2.5 We can modify these T&Cs at any time for any reason including, by way of example only, a change to applicable law. If we choose to amend the T&Cs, we will update the Effective Date at the top of the T&Cs and post the updated version. You will be notified of material revisions to these T&Cs by us via email notice to the most recent email address we hold for you. Any changes to our payment terms will also be emailed to you directly. Where the changes we make to these T&Cs are immaterial, you will be deemed to have accepted these modified T&Cs, unless you object to the changes within fourteen (14) days from that notification, provided that we will make you aware of such consequence of a failure to object in the notification. Where the changes we make to these T&Cs are material (for example, where we change our prices or payment terms), you will be deemed to have accepted these modified T&Cs, unless you object to the changes within thirty (30) days from that notification, provided that we will make you aware of such consequence of a failure to object in the notification.
3. Free Trials.
3.1 If you are lucky enough to be offered a free trial of the DAZN Service, any free trial period will be specified to you during the sign-up process. We may provide offers and discounts in connection with the DAZN Service, including a free trial, at any time.
3.2 Your Payment Method (as defined below) will be billed the applicable amount for your subscription on the date indicated when you sign up for the DAZN Service unless you cancel your subscription in accordance with Section 6 prior to the end of the free trial period, if any. To view the applicable subscription price and the end date of your free trial period, visit our website and click on the "My Account" page. If you signed up for the DAZN Service using your account with a third party as a Payment Method (as defined below), you may need to cancel your subscription in accordance with Section 6.6.
3.3 Please make a note of when your free trial will expire, as you may not receive additional notice prior to the automatic charge if you do not cancel in accordance with Section 6 before the free trial period expires. Free trials are limited to one per person. If you attempt to register for a second free trial offer, we will automatically charge your credit card in accordance with Section 4. If you do not wish to pay the applicable price for a subscription, you should cancel your account in accordance with Section 6 before the free trial period ends and not complete any subsequent registration for a subscription.
4. The Financials; Payment Methods.
4.1 Your payment will only cover access to the relevant subscription plan and/or Add-On Event (as applicable). You are fully responsible for all charges relating to and equipment required for use of the DAZN Service. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All our prices are inclusive of tax (VAT or any similar tax in any other territory or jurisdiction) at the rates in force from time to time.
4.2 Payment for a Paid Subscription and/or Add-On Event must be made by credit card; PayPal or through another current, valid, accepted method of payment including supported third-party payment providers (“Payment Method”). You confirm that any such Payment Method that you use is yours, or that you have the authorization of the card or account holder to use it. All accounts and Payment Methods are subject to validation checks and authorization by the Payment Method provider. We may perform a pre-authorization transaction to guarantee (among other possibilities) that the inserted information matches the issuer records, that the card was validly issued and it’s active, and that it contains sufficient funds/credit limit. When the pre-authorization process is made, your bank might send you a notice message informing that it’s a charge. However, it’s just a temporary hold and the amount won’t leave your bank account. If your Payment Method is refused, then you will not be granted access to the DAZN Service until a validated Payment Method is provided by you and approved by us. In the event we incur a cost (e.g. for the bank charge) due to being unable to process a payment for reasons for which you are responsible or a payment being recalled, we may charge you such cost incurred.
4.3 For some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
4.4 We reserve the right to refuse payments at our reasonable discretion.
4.5 Subject to Section 4.7, the price for a Paid Subscription will be as outlined when you sign-up or in other communications made available to you prior to your purchase. The price for a Paid Subscription is billed on a monthly, annual or other basis (as set out and then chosen by you during purchase of the Paid Subscription (with a monthly basis being the default, if an annual or other basis is not available at the time of purchase) to your chosen Payment Method on the calendar day corresponding to the commencement of your Paid Subscription or as otherwise specified by the issuer of your Payment Method. In some cases, the date for billing may change, for example if your subscription began on a day not contained in a given month or pursuant to notice provided under Section 2.5. The price for an Add-On Event is billed immediately to your chosen Payment Method on conclusion of your sign-up for the Add-On Event. Where we process your payment, we will process your payment on a secure site.
4.6 You can view your next payment date and change your method of payment by visiting our website and clicking on the "My Account" link, or by doing so through our App. If you signed up for the DAZN Service using your account with a third party as a Payment Method, you may need to visit your account with the applicable third party to view payment information and change your method of payment.
4.7 Subject to the notice requirements at Section 2.5 above, we reserve the right to increase the price for Paid Subscriptions and/or Add-On Events at any time (for example due to changing market conditions, changes in the consumer price index (or equivalent in your territory, significant increases in our costs for procuring or providing the DAZN Service, or in the event of an increase in the local VAT, GST (or equivalent) rate), as well as ceasing to offer Free Subscriptions altogether. In accordance with Section 2.5, any price increases for Paid Subscriptions will apply at the earliest after thirty (30) days as of our e-mail notification to your most recently registered e-mail address. If a price increase is more than 5% of the price applicable immediately prior to the date of the increase, you will be entitled to terminate your Paid Subscription at any time within the thirty (30) day period following the date of our notice of the increase, such termination to be deemed effective from the date on which the increase takes effect. If you do not terminate the contract or do not terminate it in time, your Paid Subscription will continue at the increased price. Your general right of termination pursuant to Section 5 remains unaffected.
4.8 In some instances, you may be offered the opportunity to suspend your subscription to the DAZN Service for a limited period by logging in to the “My Account” page. Where you have opted to suspend your subscription, your subscription will automatically restart at the end of such period on the date specified on the “My Account” page. On restart, the applicable amount due for your subscription will be payable and your chosen Payment Method will be billed on the calendar day corresponding to the recommencement of your paid subscription (or as otherwise specified by the issuer of your Payment Method).
4.9 If your Payment Method is refused or you otherwise default in the payment of any amounts due for the Paid Subscription and/or Add-On Event, then for the entire duration (or any part thereof) of the payment default, we may exercise our rights to refuse performance and withdraw access to the DAZN Service; refuse use of further services; and/or refuse further purchases. Our right to immediately suspend or terminate your access in accordance with other provisions in these T&Cs remains unaffected.
4.10 In respect of any Paid Subscription with a minimum term of at least 3 months and where payment is in instalments (e.g. on a monthly basis), if you default in the payment of any instalment then if the default is not remedied within a period of 5 days from the date the payment was due, all outstanding payments, up to the end of the minimum term of the Paid Subscription, will become due immediately and we may exercise our right to collect this outstanding payment to the maximum extent permitted under applicable law. For instance, any such outstanding payment may be collected by us via your chosen Payment Method or any other Payment Method provided by you to the DAZN Group, and includes where you subsequently attempt to resubscribe with the DAZN Service or obtain any other goods/services from the DAZN Group.
5. Third Party App Stores.
Our App may be available for download from third party app stores which are not owned or operated by us. When downloading, installing, accessing, using or browsing the App, you must comply with any applicable third party terms and conditions, including any End User License Agreement, your mobile device agreement or any wireless data service agreement, and ensure that your use of the App is not in violation of any such terms or conditions. Without limiting the foregoing, any Apps accessed through or downloaded from Apple's App Store (an "App Store Download") may only be used (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system), and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms and Conditions. Without limiting the foregoing, the following applies to App Store Downloads:
5.1 You acknowledge and agree that (i) these T&Cs are between you and DAZN only, and not Apple, and (ii) DAZN, not Apple, is solely responsible for the App Store Download and content thereof. Your use of the App Store Download must comply with the App Store Terms and Conditions.
5.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Download.
5.3 In the event of any failure of the App Store Download to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Download to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Download. As between DAZN and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of DAZN.
5.4 You acknowledge that, as between DAZN and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Download or your possession and use of the App Store Download, including: (i) product liability claims; (ii) any claim that the App Store Download fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5.5 You acknowledge that, in the event of any third-party claim that the App Store Download or your possession and use of that App Store Download infringes that third party's intellectual property rights, as between DAZN and Apple, DAZN, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the T&Cs.
5.6 You acknowledge and agree that Apple and its subsidiaries, are third-party beneficiaries of the T&Cs as related to your license of the App Store Download, and that, upon your
acceptance of the terms and conditions of the T&Cs, Apple will have the right (and will be deemed to have accepted the right to enforce the T&Cs as related to your license of the App Store Download against you as a third party beneficiary thereof.
5.7 Without limiting any other terms of the T&Cs, you must comply with all applicable third party terms and conditions when using the App Store Download.
6. Conclusion of the contract, Term, Renewal and Termination
6.1 The details and pricing in respect of the Paid Subscriptions and Add-On Events on the DAZN Service and in our marketing & promotions do not constitute a legally binding offer. By activating the purchase button (or, as the case may be, an equivalent button) you submit a legally binding offer to conclude a subscription contract. The contract is concluded by our explicit confirmation of the contract. If you have not received such a confirmation, the contract is concluded when we provide you with access to the Content within the DAZN Service.
6.2. If no minimum initial term (e.g. 12 months) is specified at the point of sign-up for your Paid Subscription, your Paid Subscription begins on the day of the conclusion of the contract and has an indefinite term, but can be terminated at any time either by you or by us with a notice period of thirty (30) days. If a minimum initial term (e.g. 12 months) is specified at the point of sign-up for your Paid Subscription, your subscription will initially be for such minimum term and will then continue to be automatically extended by the length of the minimum term (or, if different, on the basis (if any) as was expressly specified at the point of sign-up for your Paid Subscription), unless the subscription is validly terminated by you or by us by providing a minimum of thirty (30) days’ notice, such termination to take effect at the end of the (as applicable) initial or current subscription period. Our right to immediately suspend or terminate your access in accordance with other provisions in these T&Cs remains unaffected. For clarity, any Paid Subscription is conditional on any required payment due from time to time being authorised by your supported payment provider or, if applicable, your subscription code or promotional code being valid and is at all times subject to these T&Cs.
6.3 You may terminate your Paid Subscription by logging in on the “My Account” page and clicking on the "Cancel Membership" button and this will be considered your providing us notice for the purposes of these T&Cs (but for clarity termination remains subject to the applicable notice periods). Where you have provided such notice, you will continue to have access to the subscription plan until the end of your subscription period at which point it will terminate (or, if we offer Free Subscription in your territory, you can choose to either terminate or be placed on to a Free Subscription). Subject to Section 6.2, any amounts already paid for the Paid Subscription will not be refunded in case of your cancellation.
6.4 If your Paid Subscription is not subject to a minimum term, then depending on the date you gave notice of termination in accordance with Section 6.2, your subscription may continue beyond the last Complete Billing Period, in which case we will charge to your chosen Payment Method (on your last billing date) a pro rata amount based on the number of days from the end of the last Complete Billing Period until date of termination. A “Complete Billing Period” is a period from the date on which you are billed for your Paid Subscription up to (but not including) the next date you are due to be billed for the same. By way of example for a user billed on a monthly basis, where the user is billed on 5 February, the Complete Billing Period is from 5 February to 4 March (both dates inclusive).
6.5 Your purchase of an Add-On Event cannot be cancelled, unless stated otherwise at sign-up or in other communications made available to you prior to sign-up and subject to Section 6.7.
6.6 If you signed up for a Paid Subscription or Add-On Event using your account with a third party as a Payment Method and wish to cancel your subscription to the DAZN Service, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the DAZN Service through that third party. You may also find additional billing information about your subscription to the DAZN Service by visiting your account with the applicable third party.
6.7 To the maximum extent permitted under applicable law, you hereby waive any right of withdrawal you may have under applicable law, and/or you acknowledge you will lose your right of withdrawal if you have streamed Content within the applicable withdrawal period (if any).
6.8 If you have a Free Subscription, your subscription will continue until it is terminated by you by emailing help@dazn.com requesting ‘Close my account’. A DAZN customer service agent will then action this in no more than 10 working days. You may cancel your Free Subscription at any time. We can terminate your Free Subscription at any time via email with a notice period of 7 days or pursuant to other provisions in these T&Cs.
7. Security.
7.1 Our collection and use of payment information is governed by our Privacy Policy. By accessing and using the DAZN Service, you consent to the collection and use of this information. As part of providing you the DAZN Service we may need to provide you with certain communications, such as service announcements and administrative or billing-related messages. These communications are considered part of the DAZN Service, which you may not be able to opt-out from receiving.
7.2 You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the DAZN Service and not through a hyperlink in an email or any other electronic communication, even if it looks official.
8. Age Restriction.
You must be older than 18 years of age, or the age of majority in your state, province or territory of residence, to become a user of the DAZN Service.
9. Limitation of Liability.
9.1 TO THE EXTENT PERMITTED UNDER THE APPLICABLE LAW, UNLESS AGREED OTHERWISE IN WRITING, THE MAXIMUM LIABILITY OF EACH OF US AND ANY THIRD PARTY RIGHT HOLDER TO YOU ARISING BY REASON OF OR IN CONNECTION WITH THE SUPPLY OF DAZN PAYMENT SERVICES TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE DAZN SERVICE WITHIN THE LAST TWELVE (12) MONTHS (“PAYMENT AMOUNT”). NEITHER US NOR ANY THIRD PARTY RIGHTS HOLDER SHALL IN ANY EVENT BE LIABLE TO YOU FOR:
9.1.1 DIRECT LOSS IN EXCESS OF YOUR SUBSCRIPTION FEE; OR
9.1.2 CORRUPTION TO DATA OR ANY INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER.
9.2 YOU FURTHER ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
9.2.1 THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE DAZN SERVICE IS AND REMAINS WITH YOU.
9.2.2 WITHOUT LIMITING THE FOREGOING, DAZN DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE DAZN SERVICE.
9.2.3 YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE DAZN SERVICE, SUBMITTING AND TRANSMITTING YOUR PAYMENT METHOD ARE DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE DAZN AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
9.3 Where the DAZN Service contains links to sites and resources provided by third parties, we have no control over the contents of those sites, resources or services. Any use of, or payment to, such third party sites, resources or services will be covered by that third party's terms and conditions and privacy policy, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. Contact Us.
10.1 You can contact us by using the contact us form located at https://my.dazn.com/contactus or through the contact us section of our App. In order for us to be able to assist you, you may be required to provide your e-mail, residential address, product details, payment information. We (and not any third-party payment provider) are responsible for providing all maintenance and support with respect to the DAZN Service.
10.2 If you subscribe to the DAZN Service, you should notify us immediately if any of your details change by updating these details in the “My Account” section of our website or through the application.
10.3 Any notice given by us will be given by email via the most recent email address we hold for you. We shall not be responsible for non-receipt of messages we send you.
10.4 You can also write to us at:
DAZN MEDIA BRASIL SERVICOS LTDA.
Rua Fidêncio Ramos, 308 – cjs. 41 e 43 – Torre A, São Paulo/SP, Brasil, CEP 04551-010
CNPJ: 23.558.898/0001-13
11. Waiver.
No waiver by us or any third-party rights holder shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these T&Cs. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of DAZN MEDIA BRASIL SERVICOS LIMITADA. Our failure to exercise any right or enforce any obligation under these T&Cs or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach.
12. Assignment.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these T&Cs without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these T&Cs.
13. Severability.
If a provision of these T&Cs is determined to be unlawful and/or unenforceable, the validity of the rest of the T&Cs shall remain unaffected. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Governing Law.
14.1 These T&Cs shall be exclusively governed by and construed in accordance with the laws of Brazil, exclusive of conflict or choice-of-law rules, to the extent permitted under the applicable law.
14.2 Notwithstanding anything herein to the contrary, all disputes, claims, controversies and matters relating to or in connection with these T&Cs (or the breach thereof) or any transactions hereunder shall be settled by Brazilian courts.
15. Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST DAZN ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND DAZN OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
TERMS OF USE: DAZN LIMITED
Effective Date: 12/10/2022
PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE DAZN SERVICE. FOR EXAMPLE, THE TERMS INCLUDE YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, LIMITATIONS OF OUR LIABILITY TO YOU, AND A REQUIREMENT THAT YOU AGREE TO THE CLASS ACTION WAIVER IN SECTION 24.
YOUR ACCESS TO AND USE OF THE DAZN SERVICE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
1. About Us.
1.1 Hello and welcome to the world of DAZN. DAZN is a subscription service that provides subscribers with access to a wide range of sports events from around the world streamed to a range of devices including Internet-connected TVs, computers and other platforms ("DAZN Service"). To enhance your enjoyment of the DAZN Service we will also provide recommendations of broadcasts you might be interested in and other interesting sports information.
1.2 The DAZN Service is made available to you by DAZN Limited ("DAZN," “We" or "Us"). Reference to ‘We’ or ‘Us’ in these Terms is only to DAZN Limited. We are solely responsible for delivering content to you over the DAZN Service and application ("App").
2. Key Terms of Use.
2.1 We provide an online video service offering (among other things) streaming of sporting events (both live and on-demand, via internet), highlights of sporting events and other related content of which the composition and availability may vary over time (collectively "Content") as part of subscription plans and Add-On Events on the DAZN Service. The Content is usually subject to certain restrictions (including, but not limited to, certain territorial restrictions); a catalogue of rights available to you in your territory as part of subscription plans is available on the DAZN Service prior to sign-up. We retain the right to remove, or alter, any Content made available through the DAZN Service at any time, without providing notice to you.
2.2 BY SIGNING UP FOR THE DAZN SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE ("TERMS"), AND YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE DAZN SERVICE.
2.3 For the avoidance of doubt, any offers, promotions or discounts that you may receive may be subject to additional terms and conditions which either supersede or supplement these Terms. If you choose to participate in these promotions, the applicable additional terms and conditions are also incorporated and deemed part of these Terms. In the event of a conflict between these Terms and the additional terms and conditions, the additional terms and conditions shall prevail.
2.4 We can change these Terms, the price for Paid Subscriptions and Add-On Events, change our subscription plans (including the addition or removal of a subscription plan(s)), and/or remove or alter any entitlements (such as the sports content, functionality and/or any other features) of your subscription plan, at any time for any reason. If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. Revisions to these Terms, any material changes to the nature of your subscription plan (but not for the avoidance of doubt changes to the Content which may vary as per Section 2.1 above), and any change to our payment terms for Paid Subscriptions (including the amount payable)) will be notified to you by us via email notice to the most recent email address we hold for you. Any changes to our payment terms will also be emailed to you directly. Except in respect of changes to the nature of your subscription plan, where the changes we make to these Terms are immaterial, you will be deemed to have accepted these modified Terms, unless you object to the changes within fourteen (14) days from that notification, provided that we will make you aware of such consequence of a failure to object in the notification. Where the changes we make to these Terms are material (for example, where we change our payment terms or require you to obtain additional technology), you will be deemed to have accepted these modified Terms, unless you object to the changes within thirty (30) days from that notification, provided that we will make you aware of such consequence of a failure to object in the notification.
2.5 The DAZN Service and any Content viewed through the DAZN Service are for your personal and non-commercial use only. When you are a DAZN Service subscriber, we grant you a limited, non-exclusive, non-transferable, non-assignable license to access the DAZN Service and to view the Content on a streaming-only basis. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the DAZN Service for public performances or any business purpose.
2.6 In the event that you breach your obligations under Sections 2.5, 7.1.1 and/or 8.2, in particular by making the Content publicly available in commercial premises (such as restaurants, bars, hotels, clubhouses, gaming arcades, fitness studios, hospitals etc.), we are entitled to require you to pay to us, as liquidated damages, an amount calculated by multiplying the value of one standalone month for that subscription plan (as set out on the DAZN Service) by twenty (20), for each breach identified in the previous 12 months, to the maximum extent permitted under applicable law. The liquidated damages sum is also payable if you enable a third-party to make any part of the Content publicly available in commercial premises by providing the third-party with your user account details. You agree that the liquidated damages are reasonable and proportionate to protect us against unauthorised and fraudulent behaviour. The enforcement of the liquidated damages is without prejudice to any other remedy available to us where under these Conditions or otherwise.
2.7 You agree that we may share information with affiliates and third-party rights holders in relation to the Content which is viewed by you when using the DAZN Service. Such information shall be shared on an anonymous basis in accordance with our Privacy Policy.
2.8 We may terminate our agreement with you at any time with sixty (60) days’ prior notice via email. Termination will be effective at the end of the current subscription period. Our other rights to terminate the agreement as set in these Terms shall remain unaffected. If we terminate your agreement with us other than as a result of your breach or other reasons relating to regulations, you may be entitled to receive a refund of any amounts you have pre-paid for the DAZN Service.
3. Payment.
Your subscription with us is conditional on any required payment due from time to time being authorized by your supported payment provider or your subscription code or promotional code being valid (if applicable) and is at all times subject to these Terms. The DAZN MEDIA BRASIL SERVICOS LIMITADA Terms of Use apply for all purposes related to payment, including payment for and free trials of the DAZN Service and are incorporated and deemed part of these Terms (including, but not limited to, Sections 3 and 4 of the DAZN MEDIA BRASIL SERVICOS LIMITADA Terms of Use). You may find the DAZN MEDIA BRASIL SERVICOS LIMITADA Terms of Use above. For the avoidance of doubt, payment will only be accepted from a payment provider based in the territory from which you wish to sign up to use the DAZN Service.
4. Third Party App Stores.
Our App may be available for download from third party app stores which are not owned or operated by us. When downloading, installing, accessing, using or browsing the App, you must comply with any applicable third party terms and conditions, including any End User License Agreement, your mobile device agreement or any wireless data service agreement, and ensure that your use of the App is not in violation of any such terms or conditions. Without limiting the foregoing, any Apps accessed through or downloaded from Apple's App Store (an "App Store Download") may only be used (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system), and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms and Conditions. Without limiting the foregoing, the following applies to App Store Downloads:
4.1 You acknowledge and agree that (i) these Terms are between you and DAZN only, and not Apple, and (ii) DAZN, not Apple, is solely responsible for the App Store Download and content thereof. Your use of the App Store Download must comply with the App Store Terms and Conditions.
4.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Download.
4.3 In the event of any failure of the App Store Download to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Download to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Download. As between DAZN and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of DAZN.
4.4 You acknowledge that, as between DAZN and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Download or your possession and use of the App Store Download, including: (i) product liability claims; (ii) any claim that the App Store Download fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
4.5 You acknowledge that, in the event of any third-party claim that the App Store Download or your possession and use of that App Store Download infringes that third party's intellectual property rights, as between DAZN and Apple, DAZN, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
4.6 You acknowledge and agree that Apple and its subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Download, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Download against you as a third party beneficiary thereof.
4.7 Without limiting any other terms of the Terms, you must comply with all applicable third party terms and conditions when using the App Store Download.
5. Conclusion of the contract, Term, Renewal and Termination
5.1 The details and pricing in respect of the Paid Subscriptions and Add-On Events on the DAZN Service and in our marketing & promotions do not constitute a legally binding offer. By activating the purchase button (or, as the case may be, an equivalent button) you submit a legally binding offer to conclude a subscription contract. The contract is concluded by our explicit confirmation of the contract. If you have not received such a confirmation, the contract is concluded when we provide you with access to the Content within the DAZN Service.
5.2. If no minimum initial term (e.g. 12 months) is specified at the point of sign-up for your Paid Subscription, your Paid Subscription begins on the day of the conclusion of the contract and has an indefinite term, but can be terminated at any time either by you or by us with a notice period of thirty (30) days. If a minimum initial term (e.g. 12 months) is specified at the point of sign-up for your Paid Subscription, your subscription will initially be for such minimum term and will then continue to be automatically extended by the length of the minimum term (or, if different, on the basis (if any) as was expressly specified at the point of sign-up for your Paid Subscription), unless the subscription is validly terminated by you or by us by providing a minimum of thirty (30) days’ notice, such termination to take effect at the end of the (as applicable) initial or current subscription period. Our right to immediately suspend or terminate your access in accordance with other provisions in these T&Cs remains unaffected. For clarity, any Paid Subscription is conditional on any required payment due from time to time being authorised by your supported payment provider or, if applicable, your subscription code or promotional code being valid and is at all times subject to these T&Cs.
5.3 You may terminate your Paid Subscription by logging in on the “My Account” page and clicking on the "Cancel Membership" button and this will be considered your providing us notice for the purposes of these T&Cs (but for clarity termination remains subject to the applicable notice periods). Where you have provided such notice, you will continue to have access to the subscription plan until the end of your subscription period at which point it will terminate (or, if we offer Free Subscription in your territory, you can choose to either terminate or be placed on to a Free Subscription). Subject to Section 6.2, any amounts already paid for the Paid Subscription will not be refunded in case of your cancellation.
5.4 If your Paid Subscription is not subject to a minimum term, then depending on the date you gave notice of termination in accordance with Section 6.2, your subscription may continue beyond the last Complete Billing Period, in which case we will charge to your chosen Payment Method (on your last billing date) a pro rata amount based on the number of days from the end of the last Complete Billing Period until date of termination. A “Complete Billing Period” is a period from the date on which you are billed for your Paid Subscription up to (but not including) the next date you are due to be billed for the same. By way of example for a user billed on a monthly basis, where the user is billed on 5 February, the Complete Billing Period is from 5 February to 4 March (both dates inclusive).
5.5 If you signed up for a Paid Subscription or Add-On Event using your account with a third party as a Payment Method and wish to cancel your subscription to the DAZN Service, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the DAZN Service through that third party. You may also find additional billing information about your subscription to the DAZN Service by visiting your account with the applicable third party.
5.6 If you signed up for a Paid Subscription or Add-On Event the DAZN Service using your account with a third party as a Payment Method (as defined in the DAZN MEDIA BRASIL SERVICOS LIMITADA Terms of Use above) and wish to cancel your subscription to the DAZN Service, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the DAZN Service through that third party. You may also find additional billing information about your subscription to the DAZN Service by visiting your account with the applicable third party.
5.7 To the maximum extent permitted under applicable law, you hereby waive any right of withdrawal you may have under applicable law, and/or you acknowledge you will lose your right of withdrawal if you have streamed Content within the applicable withdrawal period (if any).
5.8 If you have a Free Subscription, your subscription will continue until it is terminated by you by emailing help@dazn.com requesting ‘Close my account’. A DAZN customer service agent will then action this in no more than 10 working days. You may cancel your Free Subscription at any time. We can terminate your Free Subscription at any time via email with a notice period of 7 days or pursuant to other provisions in these T&Cs.
6. Technical Requirements.
6.1 In order to use the DAZN Service, you must: (i) have internet access (e.g., Wi-Fi or 3G /4G with a data plan); (ii) register for an account (as set forth in more detail below in the “Accounts” section below); (iii) provide and maintain complete, accurate and up-to-date account information. If any of these requirements are not met, you may not be able to use some or all of the DAZN Service.
6.2 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the DAZN Service.
6.3 In addition to the technical requirements, there are certain other circumstances that may limit the availability or effectiveness of the DAZN Service. The DAZN Service can be interrupted for any reason that disrupts internet access, including in the event of network congestion and/or reduced routing speed, compatibility issues, or equipment failures relating to your equipment or DAZN’s equipment, including, hardware or software failures or misconfiguration affecting DAZN, its offices, data center, and/or any of its service providers.
6.4 We will use our reasonable endeavours to ensure that the DAZN Service is made available to you at all times. However, the DAZN Service is provided on an "as is" and "as available" basis. We will not have any liability to you for the cancellation or abandonment of any event or the failure to show any event as scheduled or advertised, nor where you are unable to watch any event on any specific platform device.
6.5 From time to time we may need to suspend the DAZN Service to carry out upgrades or maintenance. We will try to keep any such suspension to a minimum. You agree that we have no liability to you for such downtime.
6.6 We will provide the DAZN Service with reasonable care and skill. We make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer. We (and not any third party payment provider) are responsible for addressing any claims you or any third party may have in relation to the DAZN Service and your possession and/or use of the DAZN Service.
6.7 In circumstances where there has been any failure of the DAZN Service to conform to any applicable warranty and you believe you are entitled to a refund, please contact us using the 'Contact Us' form or through the 'Contact Us' section of our App. Where you signed up for the DAZN Service using a third party payment provider, you may notify your third party payment provider of such failure, and your third party payment provider may refund any applicable purchase price for the DAZN Service to you. To the maximum extent permitted by applicable law, that third party payment provider has no other warranty obligation whatsoever with respect to the DAZN Service. Refunds (where applicable) will be processed via your selected Payment Method.
6.8 The resolution quality (for example, SD or HD as applicable) of the available Content may vary depending on factors such as the subscription plan, the device used, and/or the bandwidth available through and/or speed of your Internet connection. The recommended internet download speeds in respect of which are set out here depending on the type of device you use: https://my.dazn.com/help/how-fast-does-my-internet-need-to-be. You should check with your ISP for information on possible Internet data usage charges. We reserve the right to restrict access to Content in higher resolution quality (e.g. HD) for instance if network issues are being experienced, or charge an additional amount depending on your subscription plan chosen at sign-up.
6.9 A minimum download speed of at least 9.0 Mbps (i.e., megabits per second which means the speed in which the data is being transferred to the device) per stream is recommended to receive HD content, which is defined as 720p (i.e., pixels which means the amount of pixels on the screen) or better. You should check with your ISP for information on possible Internet data usage charges.
6.10 A list of devices that the DAZN Service can be used on can be accessed via our FAQ’s in the ‘supported devices’ section and you should check the list prior to using the DAZN Service. We reserve the right to remove or add to this list due to legal, technical or operational reasons. The streaming software used to deliver the DAZN Service may vary by device and medium, and functionalities may also differ between devices. You acknowledge that the use of the DAZN Service may require third party software that is subject to third party licenses.
6.11 YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT: DAZN DOES NOT AND CANNOT GUARANTEE THAT THE DAZN SERVICE WILL BE CONTINUOUS OR ERROR-FREE. IF YOUR MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR OUR DAZN SERVICE IS/ARE SUSPENDED, CANCELLED OR TERMINATED (E.G., AS A RESULT OF BILLING ISSUES OR OTHER BREACH), YOU MAY NOT BE ABLE TO USE SOME OR ALL OF THE DAZN SERVICE. YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE DAZN SERVICE.
7. Using the DAZN Services.
7.1 We are the owner or licensee of all intellectual property rights in the DAZN Service (including any Content). All Content, including but not limited to the design, text, software, graphics, footage and images you receive (and any selection or arrangement) are subject to the copyright held by us and/or others. You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or Content of the DAZN Service in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of DAZN or the intellectual property owner, as applicable. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DAZN or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by these Terms are hereby reserved. In the event of any third party claim that the DAZN Service or your possession and use of the DAZN Service infringes that third party’s intellectual property rights, we are solely responsible for the investigation, defense, settlement and discharge of such claim. You agree that you will:
7.1.1 use the DAZN Service for non-commercial purposes only without making any gain, whether financial or otherwise, and that you will not permit any other person or persons to use the DAZN Service. You must not charge for viewing of the DAZN Service and you cannot use the DAZN Service to attract others to buy goods from you or anyone else or to attend any premises;
7.1.2 at any given time, only view the DAZN Service via a permitted device. You must keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others (unless otherwise (and only to the extent) stated in your subscription plan). You must notify DAZN as soon as you become aware of a potential or real security breach;
7.1.3 not copy, record or store all or any part of the DAZN Service or Content (other than as permitted by us in the application functionality) or divert, re-share, re-transmit, stream capture or otherwise distribute all or any part of the DAZN Service to any person, or authorize, enable or procure any other person to do any of the above;
7.1.4 not alter, disassemble, decompile or reverse engineer any part of the DAZN Service;
7.1.5 not view the DAZN Service in circumstances where members of the public can view the DAZN Service simultaneously or authorize, enable or procure any other person to do so;
7.1.6 not abuse the DAZN Service or use the DAZN Service for any unlawful or unauthorized purpose (which includes transmitting any computer viruses through the site, or using the site in a manner which violates or infringes the rights of anyone else); and
7.1.7 not access, search, collect information from, or otherwise interact with the DAZN Service by “scraping,” “crawling” or “spidering” the Content, by the use of any software, device, script or robot, or by any other means (automated or otherwise).
7.2 We may immediately suspend or terminate your access to the DAZN Service or withdraw your access to any promotions, offers or discounts if we have reasonable grounds to believe:
7.2.1 your use of the DAZN Service is abusive, disruptive, excessive or against the interests of other subscribers; or
7.2.2 you are in breach of any of these Terms; or
7.2.3 we are requested to do so by a regulatory authority.
If appropriate in the circumstances we will inform you in advance of such termination, suspension or withdrawal. However, such notification may not always be possible.
7.3 Your subscription entitles you to stream Content using the DAZN Service on one (1) device at any one time, or such higher number of devices specified in your subscription plan (as outlined when you sign-up or in other communications made available to you).
7.4 There is a maximum number of devices that you can register under your account to access the DAZN Service (“Maximum Limit”) which will depend on your subscription plan and will be made clear to you when you sign up or via other communications made available to you. Once you have reached your Maximum Limit, you will only be entitled to make one (1) change to your registered devices each month, unless your subscription plan explicitly states otherwise.
7.5 In accordance with Section 7.1.2 above, you agree that the login details are unique to you and will not be shared with any other person. You can change your login details at any time by visiting our website and clicking on the "My Account" page and you may be asked to verify the information you have provided as part of our security procedures.
7.6 We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications us (“Feedback”). You can contact us by using the contact us form located at https://my.dazn.com/contactus or through the contact us section of our app. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of DAZN. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by DAZN or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to DAZN all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret and other proprietary or intellectual property rights therein. You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect DAZN’s rights in such improvements, enhancements and modifications.
8. Accounts.
8.1 While certain areas of the DAZN Service is publicly available, you must register for a user account before you are able to use all of the DAZN Service. You may register to create an account directly via the DAZN Service. To register an account: (a) you will be asked to provide certain information (such as your email address) and create a password; and (b) you may be asked to verify the information you have provided, as part of our security procedures. If you elect to make any changes to the details you provided when you registered the account, you may be asked to verify the information you have provided as part of our security procedures.
8.2 You cannot register an account with us if you are (and you confirm that when registering an account and/or signing-up for a subscription plan or Add-On Event that you are not) acting for purposes that relate to your trade, business, craft or profession. You may not register for an account on behalf of any person (other than yourself).
8.3 No person or entity may have more than one active account at any given time.
8.4 You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. Unless otherwise specified in your subscription plan, your account details are personal to you and must not be shared with anybody or made accessible to others.
9. Your Security Protection.
9.1 You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the DAZN Service and not through a hyperlink in an email or any other electronic communication, even if it looks official.
9.2 Our collection and use of information is governed by our Privacy Policy. By accessing and using the DAZN Service you consent to the collection and use of this information, including the transfer of this information for storage, processing and use by us. As part of providing you the DAZN Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the DAZN Service, which you may not be able to opt-out from receiving.
10. Age Restriction.
You must be older than 18 years of age, or the age of majority in your state, province or territory of residence, to become a user of the DAZN Service. By signing up and using the DAZN Service in accordance with these Terms, you are deemed to represent and warrant to the foregoing.
11. Indemnity.
You agree to fully release, defend, indemnify, and hold harmless us and/or any third party rights holder and any affiliates of ours and/or any third party rights holder and our and any third party right holders respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
11.1 any misrepresentation, act or omission made by you in connection with your use of the DAZN Service;
11.2 any non-compliance by you with these Terms, including any violation of international, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party;
11.3 claims brought by third parties arising from or related to your access or use of the DAZN Service other than in accordance with these Terms; or
11.4 your gross negligence or willful misconduct.
12. Warranties by User.
You represent and warrant to DAZN that you:
12.1 have the power and authority to accept and agree to the Terms; and
12.2 will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with Your Content or otherwise in connection with your access to or use of the Platform and Services.
13. Disclaimers.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE DAZN SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE DAZN SERVICE OR THE CONTENT, OR THAT USE OF THE DAZN SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.
14. Limitation of Liability.
14.1 TO THE EXTENT PERMITTED UNDER THE APPLICABLE LAW, UNLESS AGREED OTHERWISE IN WRITING, THE MAXIMUM LIABILITY OF EACH OF US AND ANY THIRD PARTY RIGHT HOLDER TO YOU ARISING BY REASON OF OR IN CONNECTION WITH THE SUPPLY OF THE DAZN SERVICE TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN FOR THE DAZN SERVICE (“PAYMENT AMOUNT”). NEITHER US NOR ANY THIRD PARTY RIGHTS HOLDER SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY:
14.1.1 ANY DIRECT LOSS IN EXCESS OF YOUR SUBSCRIPTION FEE; OR
14.1.2 ANY CORRUPTION TO DATA OR ANY INDIRECT LOSS WHATSOEVER.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LIABILITY OF US AND/OR ANY THIRD PARTY RIGHTS HOLDER FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE OR FOR ITS FRAUD. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
14.2 YOU FURTHER ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
14.2.1 THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE DAZN SERVICE IS AND REMAINS WITH YOU.
14.2.2 WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE DAZN SERVICE, (II) THE ACTS OR OMISSIONS OF ANY OTHER USER OR ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DAZN SERVICE, AND (III) ANY CONTENT ACCESSED OR VIEWED IN CONNECTION WITH THE USE OF THE DAZN SERVICE.
14.2.3 YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE DAZN SERVICE ARE DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE DAZN AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
14.2.4 IN NO EVENT WILL DAZN BE LIABLE FOR ANY INDIRECT DAMAGES OF ANY KIND, OR DAMAGES FOR LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOREGOING, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DAZN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
14.2.5 CERTAIN LOCAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, DAZN’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL OF THE FOREGOING, SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).
14.3 Commentary and other materials posted on the DAZN Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the DAZN Service, or by anyone who may be informed of any of its contents.
15. Contact Us.
15.1 You can contact us whether to discuss technical problems or for any other reason by using the contact us form located at https://my.dazn.com/contactus or through the "Contact Us" section of our App. In order for us to be able to assist you, you may be required to provide your e-mail, residential address, product details, payment information. We (and not any third party payment provider) are responsible for providing all maintenance and support with respect to the DAZN Service.
15.2 If you subscribe to the DAZN Service, you should notify us immediately if any of your details change by updating these details in the “My Account” section of our website or through the application.
15.3 Any notice given by us will be given by email via the most recent email address we hold for you. We shall not be responsible for non-receipt of messages we send you.
15.4 You can also write to us at:
DAZN Limited
Hanover House
Plane Tree Crescent
Feltham, United Kingdom TW13 7BZ
16. Third-Party Applications.
You may encounter third party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Applications") that interact with the DAZN Service. Your use of these Applications may be subject to third party terms of use or license terms with which you must comply. We shall not be responsible nor liable in any way, for the terms of any third party applications you may use in conjunction with the DAZN Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through the DAZN Service or any third party websites or services.
17. Force Majeure.
Neither us nor any third party rights holder shall have any liability to you for any delay or failure to deliver the DAZN Service to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of us or any third party rights holder including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the DAZN Service), telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
18. Waiver.
No waiver by us or any third party rights holder shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Terms. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of DAZN Limited. Our failure to exercise any right or enforce any obligation under these Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach.
19. Remedies.
Except as expressly set forth in these Terms, our exercise of any remedies under the Terms will be without prejudice to any other remedies available under contract, at law, in equity or otherwise.
20. Third Party Rights.
Clauses 2, 3, 4, 7, 11, 16, 17 and 18 confer a benefit on third party rights holders and payment providers and are intended to be enforceable by third party rights holder and payment providers. Except as provided in this clause no person who is not a party to the contract governed by these Terms has rights to enforce any provision of these Terms but this does not affect any right or remedy of a third party which exists or is available under the applicable law.
21. Assignment.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
22. Severability.
If a provision of these Terms is determined to be unlawful and/or unenforceable, the validity of the rest of the Terms shall remain unaffected. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
23. Governing Law; Dispute Resolution.
23.1 These Terms shall be exclusively governed by and construed in accordance with the laws of Brazil, exclusive of conflict or choice-of-law rules.
23.2 Notwithstanding anything herein to the contrary, all disputes, claims, controversies and matters relating to or in connection with these Terms (or the breach thereof) or any transactions hereunder shall be settled by Brazilian courts.
24. Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST DAZN ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND DAZN OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.