Announcement Date: March 13, 2023
Thank you for subscribing to DAZN.
DAZN will revise its Terms of Use on April 27 , 2023 .
<Summary of upcoming revision>
From the 27th of April, when you cancel your subscription, you will need to complete the cancellation procedures prescribed by us. In some instances, yYou are now, for the very first time, able to contact our customer service teams via telephone in some cases. In additional, you will, in some circumstances, be required to contact our customers services team to cancel your subscription.
Please see below for the full context of current and to be revised Terms of Use.
Should you need further clarification and/or have any questions, please reach out to our Customer Service.
■CURRENT TERMS OF USE(effective before 2023/4/26)
■TO BE REVISED TERMS OF USE (effective after 2023/4/27)
<CURRENT TERMS OF USE>
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TERMS OF USE
Which Terms oof Use Apply to Me?
If you sign in using a ‘d ACCOUNT’ provided by NTT DOCOMO, Inc., please scroll down to the section headed ‘Terms of Use applicable to the DAZN service offered as part of an NTT DOCOMO Inc. subscription’ below, to view the Terms of Use applicable to the DAZN service. Otherwise, the applicable Terms of Use are set out immediately below.
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”, “We", "Us"). We are solely responsible for the DAZN Service and application.
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).
2.2 Please read these Terms and Conditions of Use ("Conditions") before subscribing to the DAZN Service. 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 Conditions. In the event of a conflict between these Conditions and the additional terms and conditions, the additional terms and conditions shall prevail.
2.3 We can modify these Conditions at any time if we deem the changes suitable to your general interest, or reasonable, without defeating the purpose of these Conditions, in light of the necessity for and relevance of the changes and the circumstances in relation thereto. We will notify you about changes to these Conditions by posting the changes on our website. In addition, if the changes to these Conditions are material (for example, where we change our payment terms or require you to obtain additional technology) we will notify you by sending an email notice to the most recent email address we have on file for you, and you will be deemed to have accepted these modified Conditions, unless you object to the changes within thirty (30) days from that notification, provided that we will make you aware of this consequence of a lack of objection in the notification.
You acknowledge that you have read and understood (and agree to be bound by) these Conditions (as may be amended from time to time) when you use the DAZN Service.
2.4 DAZN may offer more than one subscription plan. Different subscription plans may have different terms, conditions, and restrictions. More information about the different subscription plans can be found on our website. 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, license to access the DAZN Service according to the subscription plan that you choose when you signed up to your subscription 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.
2.5 Your subscription with us is conditional on any required payment due from time to time being authorised by your supported payment provider or your subscription code or promotional code being valid (if applicable) and is at all times subject to these Conditions. 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 the DAZN Service.
2.6 You agree that we may share information with 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.
2.7 We may terminate our agreement with you at any time during the subscription period with thirty (30) days’ prior notice via email. 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. However, if you apply for the DAZN Service using a third party payment provider, additional terms and conditions that supersede or complement these Conditions may apply to your cancellation. In the event of any inconsistency between these Conditions and any additional terms, the additional terms shall apply.
3. Free Trials
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 respect of the DAZN Service including a free trial at any time. Such offers may not apply to your individual account.
4. The Financials
4.1 You are fully responsible for all charges relating to and equipment required for use of the DAZN Service.
4.2 Your subscription will only cover access to the DAZN Service. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider.
4.3 Payment must be made by credit card; debit 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 authorisation of the card or account holder to use it. All accounts and Payment Methods are subject to validation checks and authorisation by the Payment Method provider. 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.
4.4 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.
4.5 We reserve the right to refuse payments at our reasonable discretion.
4.6 The fee for your subscription will be as outlined when you sign-up or in other communications made available to you prior to your purchase. The fee for your subscription is billed on a monthly, annual, or other basis, as set out and then chosen by you during purchase of your subscription to your chosen Payment Method on the calendar day corresponding to the commencement of your 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. Where we process your payment, we will process your payment on a secure site.
4.7 If your Payment Method is refused or you otherwise default in the payment of your subscription, 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 Section 7.2 remains unaffected.
4.8 In respect of any 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 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 us, and includes where you subsequently attempt to resubscribe with the DAZN Service or obtain any other goods/services from us.
4.9 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.
4.10 We may change our service plans and the price of the DAZN Service from time to time. Any price changes or material changes to our service plans will apply to you no earlier than thirty (30) days following the issuing of email notice by us to you via the most recent email address we hold for you.
4.11 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, your subscription fee will be payable and your chosen Payment Method will be billed on the day specified by us (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 subsequent month. However, if you apply for the DAZN Service using a third party payment provider, additional terms and conditions that supersede or complement these Conditions may apply to the suspension and resumption of the DAZN Service after suspension. In the event of any inconsistency between these Conditions and any additional terms, the additional terms shall apply.
5. Conclusion of the contract, Term, Renewal and Termination
5.1 The details and pricing in respect of the subscription on the DAZN Service and in our marketing and 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 purchase of your subscription, your 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 prior notice period of thirty (30) days in principle (may vary depending on subscription plan and payment method.). If a minimum initial term (e.g., 12 months) is specified at the point of purchase of your 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 purchase of your subscription), unless the subscription is validly terminated by you 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 Section 7.2 remains unaffected.
5.3 You may terminate your subscription by logging in on the “My Account” page and clicking on the "Cancel Membership" button and this will be considered notice for the purposes of Section 5.2. Where you have terminated in accordance with section 5.2, you will continue to have access to the subscription plan until the end of your subscription period at which point it will terminate. Subject to Section 6.5 or 7.2, any fees already paid for your subscription will not be refunded in case of your termination.
5.4 If your subscription is not subject to a minimum initial term, then depending on the date you gave notice of termination in accordance with Section 5.2, 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 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 the DAZN Service 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. However, if you apply for the DAZN Service using a third party payment provider, additional terms and conditions that supersede or complement these Terms and Conditions may apply to your cancellation. In the event of any inconsistency between these Conditions and any additional terms, the additional terms shall apply.
6. Technical Requirements
6.1 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the DAZN Service.
6.2 We will use 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" 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.
6.3 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.
6.4 We will provide the DAZN Service with reasonable care and skill. Apart from this 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.
6.5 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.
6.6 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.
6.7 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.
6.8 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.
7. Using the DAZN Service
7.1 We are the owner or licensee of all intellectual property rights in the DAZN Service (including any Content). All material, 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 of us and/or others. 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, defence, 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 (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 authorise, 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 them simultaneously or authorise, enable or procure any other person to do so; and
7.1.6 not abuse the DAZN Service or use it for any unlawful or unauthorised 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 ).
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:
7.2.1 we have reasonable grounds to believe:
7.2.1.1 your use of the DAZN Service is abusive, disruptive, excessive or against the interests of other subscribers; or
7.2.1.2 you are in breach of any of these Conditions; or
7.2.2 we are requested to do so by a regulatory authority.
If appropriate in the circumstances we will inform you of such termination, suspension or withdrawal. However, notification may not always be possible.
7.3 Your subscription entitles you to stream Content using the DAZN Service on number of devices specified in your subscription plan (as outlined when you sign-up or in other communications made available to you) at any one time. In accordance with Section 7.1.2 above, you agree that the login details are unique to you and should 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.
8. Your Security Protection
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. Age Restriction
You must be 18 years of age (or over) to become a user of the DAZN Service. If you are under 18 years of age and wish to sign up, you must obtain consent from your parent or legal guardian to sign up and use the DAZN Service under the supervision thereof. By signing up and using the DAZN Service in accordance with these Conditions, you are deemed to represent and warrant to the foregoing.
10. Indemnity
You agree to fully indemnify us and/or any third party rights holder and any affiliates of us 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:
(a) any misrepresentation, act or omission made by you in connection with your use of the DAZN Service;
(b) any non-compliance by you with these Conditions; or
(c) claims brought by third parties arising from or related to your access or use of the DAZN Service other than in accordance with these Conditions.
11. Liability
11.1 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 respect of the DAZN Service (“Payment Amount”). Neither us nor any third party rights holder shall in any event be liable to you for:
(i) any direct loss in excess of your subscription fee or single charge for the use of the DAZN Service from a third party payment provider; or
(ii) any corruption to data or any indirect or consequential loss whatsoever. However, this limitation of liability shall not be applicable where damages are due to our willful misconduct or gross negligence. Furthermore, nothing in these Conditions shall exclude or limit the liability of us and/or any third party rights holder and death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
11.2 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 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.
11.3 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.
12. Contact Us
12.1 You can contact us whether to discuss technical problems or for any other reason by using the contact us form located at http://help.dazn.com/contact 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, phone number, 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.
12.2 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.
12.3 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.
13. 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.
14. 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, epidemic or infectious diseases, acts, instructions, requests or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
15. 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 Conditions.
16. Third Party Rights
Clauses 2, 6, 10, 11, 13, 14 and 15 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 Conditions has any rights to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available under the applicable law.
17. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Conditions.
18. Severability
If a provision of these Conditions is determined to be unlawful and/or unenforceable, the validity of the rest of the Conditions 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.
19. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of Japan and, to the extent permitted under the applicable law, you agree to irrevocably submit to the exclusive jurisdiction of the Tokyo District Court for the first instance.
DAZN Limited is a DAZN Group company, registered in United Kingdom and having its registered office at 12 Hammersmith Grove, London, England, W6 7AP.
TERMS OF USE APPLICABLE TO THE DAZN SERVICE OFFERED AS PART OF AN NTT DOCOMO INC. SUBSCRIPTION
1. About Us
1.1 Hello and welcome to the world of DAZN. We are a subscription service that provides users 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”, "We", "Us").
1.3 These Terms of Use are applicable if you sign in to the DAZN Service using a ‘d ACCOUNT’ provided by NTT DOCOMO, Inc. (“DOCOMO”). If you do not sign in in this way, please view the applicable Terms of Service by scrolling up to the top of this page.
1.4 Please note, by using your ‘d Account’ to sign in to the DAZN Service, you are also subject to DOCOMO’s Terms of Use which can be found at https://www.nttdocomo.co.jp/service/d4d/regulation/index.html. In the event of any inconsistency between these Terms of Use and the DOCOMO Terms of Use, the DOCOMO Terms of Use shall prevail but only to the extent such inconsistency does not relate to the DAZN Service.
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). 2.2 Please read these Terms and Conditions of Use ("Conditions") before starting to use the DAZN Service.
2.3 We can modify these Conditions 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. Any material revisions to these Conditions will be notified to you via email or text message to the email address or mobile phone number associated with your DOCOMO ‘d Account’, or any other means of communication we deem appropriate. You acknowledge that you have read and understood (and agree to be bound by) these Conditions (as may be amended from time to time) when you use the DAZN Service.
2.4 DAZN may offer more than one subscription plan. Different subscription plans may have different terms, conditions, and restrictions. More information about the different subscription plans can be found on our website. The DAZN Service and any content viewed through the DAZN Service are for your personal and non-commercial use only. As permitted user of the DAZN Service (a “Permitted User”), we grant you a limited, non-exclusive, non-transferable, license to access the DAZN Service according to the subscription plan that you choose when you signed up for your subscription 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.
2.5 Your use of the DAZN Service is at all times subject to these Conditions.
2.6 You agree that we may share information with 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.
2.7 We may terminate your subscription at any time for any reason including but not limited to non-compliance with these Conditions by you or due to you causing disruption to the DAZN Service.
3. Termination by You
You may cancel your subscription to the DAZN Service by contacting DOCOMO or by logging in on the “My Account” page and following the "Cancel Membership" link to the DOCOMO website. Your entitlement to use the DAZN Service will end when we are informed by DOCOMO that you are no longer a Permitted User.
These Terms of Use shall be effective from the time you first subscribe to the DAZN Service.
4. Technical Requirements
4.1 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the DAZN Service.
4.2 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" 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.
4.3 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.
4.4 We will provide the DAZN Service with reasonable care and skill. Apart from this 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.
4.5 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.
4.6 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.
4.7 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.
5. Using the DAZN Services
5.1 We are the owner or licensee of all intellectual property rights in the DAZN Service (including any Content) except those otherwise owned by DOCOMO. All material, 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 of us and/or others. You agree that you will:
(a) 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;
(b) 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;
(c) not copy, record or store all or any part of the DAZN Service (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 authorise, enable or procure any other person to do any of the above;
(d) not alter, disassemble, decompile or reverse engineer any part of the DAZN Service;
(e) not view the DAZN Service in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so; and
(f) not abuse the DAZN Service or use them for any unlawful or unauthorised 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 ).
5.2 We may suspend your access to the DAZN Service if your use of the DAZN Service is abusive, excessive or against the interests of other users or we have reasonable grounds to determine that you are in breach of any of these Conditions or if we are requested to do so by a regulatory authority.
5.3 Your subscription entitles you to stream Content using the DAZN Service on number of devices specified in your subscription (as outlined when you sign-up or in other communications made available to you) at any one time. In accordance with Clause 5.1 (b) above, you agree that the login details are unique to you and should 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.
5.4 We retain the right to remove, or alter, any content made available through the DAZN Service at any time, without providing notice to you.
6. Your Security Protection
Always access your account information by going directly to the DAZN Service or the DOCOMO website and not through a hyperlink in an email or any other electronic communication, even if it looks official.
7. Age Restriction
If you are under 18 years old, you must obtain the consent of your parent or other legal representative to sign up and by using the DAZN Services you warrant that your sign up is with the consent of your parent or other legal representative.
8. Indemnity
You agree to fully indemnify us and/or any third party rights holder and any affiliates of us 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:
(a) any misrepresentation, act or omission made by you in connection with your use of the DAZN Service;
(b) any non-compliance by you with these Conditions; or
(c) claims brought by third parties arising from or related to your access or use of the DAZN Service other than in accordance with these Conditions.
9. 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 the DAZN Service to you shall be limited to the amount paid by you in respect of the DAZN Service (“Payment Amount”). Neither us nor DOCOMO nor any third party rights holder shall in any event be liable to you for:
(i) any direct loss in excess of the amount you pay per month to access the DAZN Service; or
(ii) any corruption to data or any indirect or consequential loss whatsoever.
However, this limitation of liability shall not be applicable where damages are due to our willful misconduct or gross negligence. Furthermore, nothing in these Conditions shall exclude or limit the liability of us and/or any third party rights holder for death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
9.2 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 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.
9.3 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.
10. Contact Us
10.1 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 and product details.
10.2 You should notify us immediately if any of the details you have provided to us change by updating these details in the “My Account” section of our website or through the application.
10.3 Any notices under these Conditions will be given by email or text message to the email address or mobile phone number associated with your DOCOMO ‘d Account’, or any other means of communication we deem appropriate. We shall not be responsible for non-receipt of messages sent to you.
11. 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. 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.
12. Force Majeure
Neither us nor DOCOMO 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, epidemic or infectious diseases, acts, instructions, requests or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
13. 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 Conditions.
14. Third Party Rights
Clauses 2, 4, 8, 9, 11, 12 and 13 confer a benefit on third party rights holders and are intended to be enforceable by third party rights holder. Except as provided in this clause no person who is not a party to the contract governed by these Conditions has any rights to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available under the applicable law.
15. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Conditions.
16. Severability
If a provision of these Conditions is determined to be unlawful and/or unenforceable, the validity of the rest of the Conditions 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.
17. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of Japan and, to the extent permitted under the applicable law, you agree to irrevocably submit to the exclusive jurisdiction of the Tokyo District Court for the first instance.
DAZN Limited is a DAZN Group company, registered in United Kingdom and having its registered office at 12 Hammersmith Grove, London, England, W6 7AP.
(2023/02/14)
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<TO BE REVISED TERMS OF USE>
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Which Terms of Use Apply to Me?
If you sign in using a ‘d ACCOUNT’ provided by NTT DOCOMO, Inc., please scroll down to the section headed ‘Terms of Use applicable to the DAZN service offered as part of an NTT DOCOMO Inc. subscription’ below, to view the Terms of Use applicable to the DAZN service. Otherwise, the applicable Terms of Use are set out immediately below.
TERMS OF USE
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”, “We", "Us"). We are solely responsible for the DAZN Service and application.
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).
2.2 Please read these Terms and Conditions of Use ("Conditions") before subscribing to the DAZN Service. 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 Conditions. In the event of a conflict between these Conditions and the additional terms and conditions, the additional terms and conditions shall prevail.
2.3 We can modify these Conditions at any time if we deem the changes suitable to your general interest, or reasonable, without defeating the purpose of these Conditions, in light of the necessity for and relevance of the changes and the circumstances in relation thereto. We will notify you about changes to these Conditions by posting the changes on our website. In addition, if the changes to these Conditions are material (for example, where we change our payment terms or require you to obtain additional technology) we will notify you by sending an email notice to the most recent email address we have on file for you, and you will be deemed to have accepted these modified Conditions, unless you object to the changes within thirty (30) days from that notification, provided that we will make you aware of this consequence of a lack of objection in the notification.
You acknowledge that you have read and understood (and agree to be bound by) these Conditions (as may be amended from time to time) when you use the DAZN Service.
2.4 DAZN may offer more than one subscription plan. Different subscription plans may have different terms, conditions, and restrictions. More information about the different subscription plans can be found on our website. 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, license to access the DAZN Service according to the subscription plan that you choose when you signed up to your subscription 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.
2.5 Your subscription with us is conditional on any required payment due from time to time being authorised by your supported payment provider or your subscription code or promotional code being valid (if applicable) and is at all times subject to these Conditions. 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 the DAZN Service.
2.6 You agree that we may share information with 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.
2.7 We may terminate our agreement with you at any time during the subscription period with thirty (30) days’ prior notice via email. 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. However, if you apply for the DAZN Service using a third party payment provider, additional terms and conditions that supersede or complement these Conditions may apply to your cancellation. In the event of any inconsistency between these Conditions and any additional terms, the additional terms shall apply.
3. Free Trials
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 respect of the DAZN Service including a free trial at any time. Such offers may not apply to your individual account.
4. The Financials
4.1 You are fully responsible for all charges relating to and equipment required for use of the DAZN Service.
4.2 Your subscription will only cover access to the DAZN Service. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider.
4.3 Payment must be made by credit card; debit 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 authorisation of the card or account holder to use it. All accounts and Payment Methods are subject to validation checks and authorisation by the Payment Method provider. 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.
4.4 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.
4.5 We reserve the right to refuse payments at our reasonable discretion.
4.6 The fee for your subscription will be as outlined when you sign-up or in other communications made available to you prior to your purchase. The fee for your subscription is billed on a monthly, annual, or other basis, as set out and then chosen by you during purchase of your subscription to your chosen Payment Method on the calendar day corresponding to the commencement of your 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. Where we process your payment, we will process your payment on a secure site.
4.7 If your Payment Method is refused or you otherwise default in the payment of your subscription, 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 Section 7.2 remains unaffected.
4.8 In respect of any 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 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 us, and includes where you subsequently attempt to resubscribe with the DAZN Service or obtain any other goods/services from us.
4.9 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.
4.10 We may change our service plans and the price of the DAZN Service from time to time. Any price changes or material changes to our service plans will apply to you no earlier than thirty (30) days following the issuing of email notice by us to you via the most recent email address we hold for you.
4.11 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, your subscription fee will be payable and your chosen Payment Method will be billed on the day specified by us (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 subsequent month. However, if you apply for the DAZN Service using a third party payment provider, additional terms and conditions that supersede or complement these Conditions may apply to the suspension and resumption of the DAZN Service after suspension. In the event of any inconsistency between these Conditions and any additional terms, the additional terms shall apply.
5. Conclusion of the contract, Term, Renewal and Termination
5.1 The details and pricing in respect of the subscription on the DAZN Service and in our marketing and 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 purchase of your subscription, your 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 prior notice period of thirty (30) days in principle (may vary depending on subscription plan and payment method.). If a minimum initial term (e.g., 12 months) is specified at the point of purchase of your 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 purchase of your subscription), unless the subscription is validly terminated by you 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 Section 7.2 remains unaffected.
5.3 You may terminate your subscription by logging in on the “My Account” page and clicking on the "Cancel Membership" button. Then, you can complete the cancellation procedures prescribed by Us, and the completion of this process will be considered notice for the purposes of Section 5.2. Where you have terminated in accordance with section 5.2, you will continue to have access to the subscription plan until the end of your subscription period at which point it will terminate. Subject to Section 6.5 or 7.2, any fees already paid for your subscription will not be refunded in case of your termination.
5.4 If your subscription is not subject to a minimum initial term, then depending on the date you gave notice of termination in accordance with Section 5.2, 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 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 the DAZN Service 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. However, if you apply for the DAZN Service using a third party payment provider, additional terms and conditions that supersede or complement these Terms and Conditions may apply to your cancellation. In the event of any inconsistency between these Conditions and any additional terms, the additional terms shall apply.
6. Technical Requirements
6.1 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the DAZN Service.
6.2 We will use 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" 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.
6.3 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.
6.4 We will provide the DAZN Service with reasonable care and skill. Apart from this 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.
6.5 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.
6.6 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.
6.7 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.
6.8 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.
7. Using the DAZN Service
7.1 We are the owner or licensee of all intellectual property rights in the DAZN Service (including any Content). All material, 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 of us and/or others. 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, defence, 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 (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 authorise, 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 them simultaneously or authorise, enable or procure any other person to do so; and
7.1.6 not abuse the DAZN Service or use it for any unlawful or unauthorised 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 ).
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:
7.2.1 we have reasonable grounds to believe:
7.2.1.1 your use of the DAZN Service is abusive, disruptive, excessive or against the interests of other subscribers; or
7.2.1.2 you are in breach of any of these Conditions; or
7.2.2 we are requested to do so by a regulatory authority.
If appropriate in the circumstances we will inform you of such termination, suspension or withdrawal. However, notification may not always be possible.
7.3 Your subscription entitles you to stream Content using the DAZN Service on number of devices specified in your subscription plan (as outlined when you sign-up or in other communications made available to you) at any one time. In accordance with Section 7.1.2 above, you agree that the login details are unique to you and should 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.
8. Your Security Protection
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. Age Restriction
You must be 18 years of age (or over) to become a user of the DAZN Service. If you are under 18 years of age and wish to sign up, you must obtain consent from your parent or legal guardian to sign up and use the DAZN Service under the supervision thereof. By signing up and using the DAZN Service in accordance with these Conditions, you are deemed to represent and warrant to the foregoing.
10. Indemnity
You agree to fully indemnify us and/or any third party rights holder and any affiliates of us 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:
(a) any misrepresentation, act or omission made by you in connection with your use of the DAZN Service;
(b) any non-compliance by you with these Conditions; or
(c) claims brought by third parties arising from or related to your access or use of the DAZN Service other than in accordance with these Conditions.
11. Liability
11.1 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 respect of the DAZN Service (“Payment Amount”). Neither us nor any third party rights holder shall in any event be liable to you for:
(i) any direct loss in excess of your subscription fee or single charge for the use of the DAZN Service from a third party payment provider; or
(ii) any corruption to data or any indirect or consequential loss whatsoever. However, this limitation of liability shall not be applicable where damages are due to our willful misconduct or gross negligence. Furthermore, nothing in these Conditions shall exclude or limit the liability of us and/or any third party rights holder and death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
11.2 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 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.
11.3 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.
12. Contact Us
12.1 You can contact us whether to discuss technical problems or for any other reason by using the contact us form located at http://help.dazn.com/contact 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, phone number, 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.
12.2 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.
12.3 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.
13. 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.
14. 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, epidemic or infectious diseases, acts, instructions, requests or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
15. 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 Conditions.
16. Third Party Rights
Clauses 2, 6, 10, 11, 13, 14 and 15 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 Conditions has any rights to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available under the applicable law.
17. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Conditions.
18. Severability
If a provision of these Conditions is determined to be unlawful and/or unenforceable, the validity of the rest of the Conditions 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.
19. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of Japan and, to the extent permitted under the applicable law, you agree to irrevocably submit to the exclusive jurisdiction of the Tokyo District Court for the first instance.
DAZN Limited is a DAZN Group company, registered in United Kingdom and having its registered office at 12 Hammersmith Grove, London, England, W6 7AP.
TERMS OF USE APPLICABLE TO THE DAZN SERVICE OFFERED AS PART OF AN NTT DOCOMO INC. SUBSCRIPTION
1. About Us
1.1 Hello and welcome to the world of DAZN. We are a subscription service that provides users 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”, "We", "Us").
1.3 These Terms of Use are applicable if you sign in to the DAZN Service using a ‘d ACCOUNT’ provided by NTT DOCOMO, Inc. (“DOCOMO”). If you do not sign in in this way, please view the applicable Terms of Service by scrolling up to the top of this page.
1.4 Please note, by using your ‘d Account’ to sign in to the DAZN Service, you are also subject to DOCOMO’s Terms of Use which can be found at https://www.nttdocomo.co.jp/service/d4d/regulation/index.html. In the event of any inconsistency between these Terms of Use and the DOCOMO Terms of Use, the DOCOMO Terms of Use shall prevail but only to the extent such inconsistency does not relate to the DAZN Service.
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). 2.2 Please read these Terms and Conditions of Use ("Conditions") before starting to use the DAZN Service.
2.3 We can modify these Conditions 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. Any material revisions to these Conditions will be notified to you via email or text message to the email address or mobile phone number associated with your DOCOMO ‘d Account’, or any other means of communication we deem appropriate. You acknowledge that you have read and understood (and agree to be bound by) these Conditions (as may be amended from time to time) when you use the DAZN Service.
2.4 DAZN may offer more than one subscription plan. Different subscription plans may have different terms, conditions, and restrictions. More information about the different subscription plans can be found on our website. The DAZN Service and any content viewed through the DAZN Service are for your personal and non-commercial use only. As permitted user of the DAZN Service (a “Permitted User”), we grant you a limited, non-exclusive, non-transferable, license to access the DAZN Service according to the subscription plan that you choose when you signed up for your subscription 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.
2.5 Your use of the DAZN Service is at all times subject to these Conditions.
2.6 You agree that we may share information with 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.
2.7 We may terminate your subscription at any time for any reason including but not limited to non-compliance with these Conditions by you or due to you causing disruption to the DAZN Service.
3. Termination by You
You may cancel your subscription to the DAZN Service by contacting DOCOMO or by logging in on the “My Account” page and following the "Cancel Membership" link to the DOCOMO website. Your entitlement to use the DAZN Service will end when we are informed by DOCOMO that you are no longer a Permitted User.
These Terms of Use shall be effective from the time you first subscribe to the DAZN Service.
4. Technical Requirements
4.1 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the DAZN Service.
4.2 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" 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.
4.3 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.
4.4 We will provide the DAZN Service with reasonable care and skill. Apart from this 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.
4.5 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.
4.6 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.
4.7 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.
5. Using the DAZN Services
5.1 We are the owner or licensee of all intellectual property rights in the DAZN Service (including any Content) except those otherwise owned by DOCOMO. All material, 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 of us and/or others. You agree that you will:
(a) 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;
(b) 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;
(c) not copy, record or store all or any part of the DAZN Service (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 authorise, enable or procure any other person to do any of the above;
(d) not alter, disassemble, decompile or reverse engineer any part of the DAZN Service;
(e) not view the DAZN Service in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so; and
(f) not abuse the DAZN Service or use them for any unlawful or unauthorised 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 ).
5.2 We may suspend your access to the DAZN Service if your use of the DAZN Service is abusive, excessive or against the interests of other users or we have reasonable grounds to determine that you are in breach of any of these Conditions or if we are requested to do so by a regulatory authority.
5.3 Your subscription entitles you to stream Content using the DAZN Service on number of devices specified in your subscription (as outlined when you sign-up or in other communications made available to you) at any one time. In accordance with Clause 5.1 (b) above, you agree that the login details are unique to you and should 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.
5.4 We retain the right to remove, or alter, any content made available through the DAZN Service at any time, without providing notice to you.
6. Your Security Protection
Always access your account information by going directly to the DAZN Service or the DOCOMO website and not through a hyperlink in an email or any other electronic communication, even if it looks official.
7. Age Restriction
If you are under 18 years old, you must obtain the consent of your parent or other legal representative to sign up and by using the DAZN Services you warrant that your sign up is with the consent of your parent or other legal representative.
8. Indemnity
You agree to fully indemnify us and/or any third party rights holder and any affiliates of us 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:
(a) any misrepresentation, act or omission made by you in connection with your use of the DAZN Service;
(b) any non-compliance by you with these Conditions; or
(c) claims brought by third parties arising from or related to your access or use of the DAZN Service other than in accordance with these Conditions.
9. 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 the DAZN Service to you shall be limited to the amount paid by you in respect of the DAZN Service (“Payment Amount”). Neither us nor DOCOMO nor any third party rights holder shall in any event be liable to you for:
(i) any direct loss in excess of the amount you pay per month to access the DAZN Service; or
(ii) any corruption to data or any indirect or consequential loss whatsoever.
However, this limitation of liability shall not be applicable where damages are due to our willful misconduct or gross negligence. Furthermore, nothing in these Conditions shall exclude or limit the liability of us and/or any third party rights holder for death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
9.2 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 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.
9.3 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.
10. Contact Us
10.1 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 and product details.
10.2 You should notify us immediately if any of the details you have provided to us change by updating these details in the “My Account” section of our website or through the application.
10.3 Any notices under these Conditions will be given by email or text message to the email address or mobile phone number associated with your DOCOMO ‘d Account’, or any other means of communication we deem appropriate. We shall not be responsible for non-receipt of messages sent to you.
11. 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. 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.
12. Force Majeure
Neither us nor DOCOMO 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, epidemic or infectious diseases, acts, instructions, requests or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
13. 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 Conditions.
14. Third Party Rights
Clauses 2, 4, 8, 9, 11, 12 and 13 confer a benefit on third party rights holders and are intended to be enforceable by third party rights holder. Except as provided in this clause no person who is not a party to the contract governed by these Conditions has any rights to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available under the applicable law.
15. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Conditions.
16. Severability
If a provision of these Conditions is determined to be unlawful and/or unenforceable, the validity of the rest of the Conditions 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.
17. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of Japan and, to the extent permitted under the applicable law, you agree to irrevocably submit to the exclusive jurisdiction of the Tokyo District Court for the first instance.
DAZN Limited is a DAZN Group company, registered in United Kingdom and having its registered office at 12 Hammersmith Grove, London, England, W6 7AP.
2023/4/27