DAZN UK Terms of Use
Effective Date: December 04, 2019
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 ARBITRATION AGREEMENT IN SECTION 23 AND 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. We are 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 provided to you by DAZN Limited ("DAZN UK," “We" or "Us"). 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), highlights of sporting events and other related content (collectively "Content"). The Content is usually subject to certain restrictions (including, but not limited to, certain territorial restrictions). You will be able to access and enjoy the DAZN Service within any territory where the DAZN Service is available although the Content will vary from territory to territory.
2.2 BY SIGNING UP FOR THE DAZN SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS 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 modify these Terms at any time for any reason including, by way of example only, a change to applicable law or to ensure better functionality of the DAZN Service. If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. You will be notified of material revisions to these Terms 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 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 fees 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 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.
2.7 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 right to terminate the agreement for cause, in accordance with Section 7.2 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 US LLC Terms of Use (“DAZN UK Terms of Use”) apply for all purposes related to payment for and if applicable free trials of the DAZN Service and are incorporated and deemed part of these Terms. You may find DAZN UK Terms of Use at: www.dazn.com/help/articles/terms. 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 UK only, and not Apple, and (ii) DAZN UK, 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 UK 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 UK.
4.4 You acknowledge that, as between DAZN UK 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 UK and Apple, DAZN UK, 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. Termination by You.
5.1 You may cancel your subscription to the DAZN Services by logging in on the “My Account” page and clicking on the "Cancel Membership" button. You may cancel your subscription to the DAZN Service at any time prior to the expiry of your subscription period, but you will continue to have access to the DAZN Services for the duration of your subscription period. In the event of your cancellation, we do not refund any subscription fees paid and do not provide credits. When you acquire a subscription, you acknowledge and agree that the provision of the DAZN Service pursuant to such subscription shall commence immediately upon you initially logging in (or being logged in) to your account on the website.
5.2 If you signed up for the DAZN Service using your account with a third party as a Payment Method (as defined in the DAZN US Terms of Use) 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. 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 UK’s equipment, including, hardware or software failures or misconfiguration affecting DAZN UK, 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 quality of the display of the streaming of sport events may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.
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 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 UK 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 UK 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 UK 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;
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 for any or no reason, and at any time, in our sole discretion. We may inform you of such termination, suspension or withdrawal. However, notification is not required and may not always be possible.
7.3 Your subscription entitles you to use the DAZN Service on a maximum of three (3) devices at any one time. 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.
7.4 We retain the right to remove, or alter, any Content made available through the DAZN Service at any time, without providing notice to you.
7.5 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://www.dazn.com/help/articles/how-do-i-contact-dazn 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 UK. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by DAZN UK or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to DAZN UK all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. 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 UK’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 App.
8.2 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.
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.
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 UK 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 FOR THE DAZN SERVICE (“PAYMENT AMOUNT”). NEITHER US NOR ANY THIRD PARTY RIGHTS HOLDER SHALL IN ANY EVENT BE LIABLE TO YOU FOR:
14.1.1 ANY DIRECT LOSS IN EXCESS OF YOUR SUBSCRIPTION FEE (AS APPLICABLE); OR
14.1.2 ANY CORRUPTION TO DATA OR ANY INDIRECT OR CONSEQUENTIAL 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 HEREBY RELEASE DAZN UK 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 UK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL 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 UK 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 STATE 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 UK’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://www.dazn.com/help/articles/how-do-i-contact-dazn 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 or call 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 the State of New York, 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 binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in the location that is most convenient to us, and it shall be conducted in the English Language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
24. Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST DAZN UK 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 UK 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.
25. California Residents.
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the DAZN Service or requests to receive further information regarding use of the DAZN Service may be sent to the address or email address above.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210.
Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
DAZN Limited is a DAZN Group company Group (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006) (the "DAZN Group"), registered in United Kingdom and having its registered office at Hanover House, Plane Tree Crescent, Feltham, United Kingdom TW13 7BZ.