TERMS OF USE: DAZN US LLC
Effective Date: 27 March 2024
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 AND THE LIMITATIONS OF OUR LIABILITY TO YOU.
IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT (CLAUSE 16 ONWARDS), REQUIRING ANY DISPUTE BETWEEN YOU AND DAZN TO BE EXCLUSIVELY RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY ACCESSING, USING, AND/OR BUYING ANY PRODUCT THROUGH THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
YOUR ACCESS TO AND USE OF THE DAZN SERVICE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
1. About Us.
1.1 Hello and welcome to the world of DAZN. DAZN is a subscription service that provides subscribers with access to a wide range of sports events from around the world streamed to a range of devices including Internet-connected TVs, computers and other platforms ("DAZN Service"). To enhance your enjoyment of the DAZN Service, we will also provide recommendations of broadcasts you might be interested in and other interesting sports information.
1.2 The DAZN Service is made available to you through a subscription and in exchange for payment to DAZN US LLC ("DAZN US," "We" or "Us"). Except for as provided by third parties app stores, we alone are solely responsible for managing payments and billing in connection with the DAZN Service and application ("App").
2. Key Terms of Use.
2.1 We procure access to the DAZN Service and provide payment services for the DAZN Service ("DAZN Payment Services"). DAZN US LLC Terms of Use ("Terms") apply to such payment services. The DAZN Limited Terms of Use (“DAZN UK Terms of Use”) apply for all purposes related to the provision and use of the DAZN Service and content made available over the DAZN Service and are incorporated and deemed part of these Terms. You may find DAZN UK Terms of Use at: https://www.dazn.com/help/articles/terms-us-pil
2.2 BY SIGNING UP FOR THE DAZN SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT SUBSCRIBE TO THE DAZN SERVICE.
2.3 For the avoidance of doubt, any offers, promotions or discounts that you may receive may be subject to additional terms and conditions which either supersede or supplement these Terms. If you choose to participate in those 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 Paid subscription plans are offered in respect of the DAZN Service, the cost & entitlements of which (such as access to sports content, functionality and/or any other features) will be outlined at sign-up or in other communications made available to you prior to purchasing the subscription plan (each a “Paid Subscription”). Certain sports events may only be available on a pay per view basis for which additional terms, as set out prior to sign-up, shall apply (“Add-On Event”). A free subscription may also be offered for which additional terms, as set out prior to you subscribing for such subscription, shall apply (“Free Subscription”). You can find specific details regarding your subscription plan by visiting the myAccount section.
2.5 Audio-visual coverage of sporting events (both live and on-demand), audio-visual highlights of sporting events and other related content are made available as part of subscription plans and Add-On Events on the DAZN Service (the “Content”) of which the composition and availability may vary over time. Content is subject to certain restrictions including, but not limited to, territorial restrictions i.e. each territory will have different rights available, a catalogue of rights available to you in your territory as part of subscription plans can be seen on the home page of the DAZN site prior to sign-up. Where you access the DAZN Service in another country, you may be entitled to view a limited amount of Content (which may vary as per this section).
2.6 We can modify these Terms, the price of Paid Subscriptions and Add-On Events (as further set out in Section 4.7), our subscription plans (including the addition or removal of a subscription plan(s)), and/or remove or alter any entitlements (such as the sports content, functionality and/or any other features) of your subscription plan at any time for any reason. If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. You will be notified of material changes to these Terms, the nature of your subscription plan (but not for the avoidance of doubt changes to the Content which may vary as per Section 2.5 above), and any change to our payment terms (including the amount payable)) via email notice to the most recent email address we hold for you. Where the changes we make are immaterial, you will be deemed to have accepted these modified Terms, unless you object to the changes within fourteen (14) days from any 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 payment terms), 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. Notwithstanding the foregoing, the objection procedures in this Section 2.6 do not apply to changes to the dispute resolution provisions of the Terms, which are governed by the Arbitration from Section 16 of these Terms onwards.
2.7 You will be required to register an account to enjoy the DAZN Service. To register an account: (a) you will be asked to provide certain information (such as your email address) and create a password; and (b) you may be asked to verify the information you have provided, as part of our security procedures. If you elect to make any changes to the details you provided when you registered the account, you may be asked to verify the information you have provided as part of our security procedures. You cannot register an account with us if you are (and you confirm that when registering an account and/or signing-up for a subscription plan or Add-On Event that you are not) acting for purposes that relate to your trade, business, craft or profession. Unless otherwise specified in your subscription plan, your account details (including login information) are personal to you and must not be shared with anybody or made accessible to others.
2.8 In the event that you breach your obligations under Section 2.6, in particular by making the Content publicly available in commercial premises (such as restaurants, bars, hotels, clubhouses, gaming arcades, fitness studios, hospitals etc.), we are entitled to require you to pay to us, as liquidated damages, an amount calculated by multiplying the Monthly Price by twenty, for each breach identified in the previous 12 months, to the maximum extent permitted under applicable law. (The “Monthly Price” is, in respect of the month in which the breach occurred, the amount payable for one standalone month for that subscription plan (as set out on the DAZN Service) plus the amount payable for any Add-On Event in that month.) The liquidated damages sum is also payable if you enable a third-party to make any part of the Content publicly available by providing the third-party with your user account details. You agree that the liquidated damages are reasonable and proportionate to protect us against unauthorised and fraudulent behaviour. The enforcement of the liquidated damages is without prejudice to any other remedy available to us where under these Terms or otherwise.
3. Free Trials (if applicable).
3.1 If you are lucky enough to be offered a free trial of the DAZN Service, any free trial period will be specified to you during the sign-up process. We may provide offers and discounts in connection with the DAZN Service, including a free trial, at any time.
3.2 Your Payment Method (as defined below) will be billed for your subscription fee on the date indicated when you sign up for the DAZN Service unless you cancel your subscription prior to the end of the free trial period, if any. To view the applicable subscription price and the end date of your free trial period, visit our website and click on the "My Account" page. If you signed up for the DAZN Service using your account with a third party as a Payment Method (as defined below), you may need to cancel your subscription in accordance with Section 6.2.
3.3 Please make a note of when your free trial will expire, as you may not receive additional notice prior to the automatic charge if you do not cancel before the free trial period expires. Free trials are limited to one per person. If you attempt to register for a second free trial offer, we will automatically charge your credit card in accordance with Section 4. If you do not wish to pay the applicable fees for a subscription, you should cancel your account before the free trial period ends and not complete any subsequent registration for a subscription.
4. The Financials; Payment Methods.
4.1 Your payment will only cover access to the relevant subscription plan and/or Add-On Event (as applicable). You are fully responsible for all charges relating to and equipment required for use of the DAZN Service. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All of our listed prices are exclusive of tax at the rates in force from time to time.
4.2 Payment for a Paid Subscription and/or Add-On Event must be made by credit card; 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 authorization of the card or account holder to use it. All accounts and Payment Methods are subject to validation checks and authorization by the Payment Method provider. We may perform a pre-authorization transaction to guarantee (among other possibilities) that the inserted information matches the issuer records, that the card was validly issued and it’s active, and that it contains sufficient funds/credit limit. When the pre-authorization process is made, your bank might send you a notice message informing that it’s a charge. However, it’s just a temporary hold and the amount won’t leave your bank account. If your Payment Method is refused then you will not be granted access to the DAZN Service until a validated Payment Method is provided by you and approved by us. In the event we incur a cost (e.g. for the bank charge) due to being unable to process a payment for reasons for which you are responsible or a payment being recalled, we may charge you such cost incurred.
4.3 For some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
4.4 We reserve the right to refuse payments at our reasonable discretion.
4.5 Subject to Section 4.7, the fee for a Paid Subscription will be as outlined when you sign-up or in other communications made available to you prior to your sign-up. The fee for a Paid Subscription is billed on a monthly, annual or other basis (as set out and then chosen by you during sign-up for the Paid Subscription (with a monthly basis being the default, if an annual or other basis is not available at the time of sign-up)) to your chosen Payment Method on the calendar day corresponding to the commencement of your Paid Subscription or as otherwise specified by the issuer of your Payment Method. In some cases, the date for billing may change, for example if your subscription began on a day not contained in a given month or pursuant to notice provided under Section 2.6. The fee for an Add-On Event is billed immediately to your chosen Payment Method on conclusion of your sign-up for the Add-On Event. Where we process your payment, we will process your payment on a secure site.
4.6 You can view your next payment date and change your method of payment by visiting our website and clicking on the "My Account" link, or by doing so through our App. If you signed up for the DAZN Service using your account with a third party as a Payment Method, you may need to visit your account with the applicable third party to view payment information and change your method of payment.
4.7 Subject to the notice requirements at Section 2.6 above, we reserve the right to increase the price for Paid Subscriptions and/or Add-On Events at any time (for example due to changing market conditions, changes in the consumer price index (or equivalent in your territory), significant increases in our costs for procuring or providing the DAZN Service, or in the event of an increase in the local VAT, GST (or equivalent) rate), as well as ceasing to offer Free Subscriptions altogether. In accordance with Section 2.6, any price increases for Paid Subscriptions will apply at the earliest after thirty (30) days as of our e-mail notification to your most recently registered e-mail address.
4.8 In some instances, you may be offered the opportunity to suspend your subscription to the DAZN Service for a limited period by logging in to the “My Account” page. Where you have opted to suspend your subscription, your subscription will automatically restart at the end of such period on the date specified on the “My Account” page. On restart, the fee will be payable and your chosen Payment Method will be billed on the calendar day corresponding to the recommencement of your paid subscription (or as otherwise specified by the issuer of your Payment Method). In some cases the date for billing may change, for example if your subscription began on a day not contained in a subsequent month or pursuant to notice under Section 2.6.
4.9 If your Payment Method is refused or you otherwise default in the payment of any Paid Subscription and/or Add-On Event fees, then for the entire duration (or any part thereof) of the payment default, we may exercise our rights to refuse performance and withdraw access to the DAZN Service; refuse use of further services; and/or refuse further purchases. Our right to immediately suspend or terminate your access in accordance with other provisions in these Terms remains unaffected.
4.10 In respect of any Paid Subscription with a minimum term of at least 3 months and where payment is in instalments (e.g. on a monthly basis), if you default in the payment of any instalment then if the default is not remedied within a period of 5 days from the date the payment was due, all outstanding payments, up to the end of the minimum term of the Paid Subscription, will become due immediately and we may exercise our right to collect this outstanding payment to the maximum extent permitted under applicable law. For instance, any such outstanding payment may be collected by us via your chosen Payment Method or any other Payment Method provided by you to the DAZN Group, and includes where you subsequently attempt to resubscribe with the DAZN Service or obtain any other goods/services from the DAZN Group.
5. Third Party App Stores.
Our App may be available for download from third party app stores which are not owned or operated by us. When downloading, installing, accessing, using or browsing the App, you must comply with any applicable third party terms and conditions, including any End User License Agreement, your mobile device agreement or any wireless data service agreement, and ensure that your use of the App is not in violation of any such terms or conditions. Without limiting the foregoing, any Apps accessed through or downloaded from Apple's App Store (an "App Store Download") may only be used (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system), and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms and Conditions. Without limiting the foregoing, the following applies to App Store Downloads:
5.1 You acknowledge and agree that (i) the DAZN terms and conditions that apply are between you and DAZN Limited (“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.
5.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Download.
5.3 In the event of any failure of the App Store Download to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Download to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Download. As between DAZN 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.
5.4 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.
5.5 You acknowledge that, in the event of any third-party claim that the App Store Download or your possession and use of that App Store Download infringes that third party's intellectual property rights, as between DAZN 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.
5.6 You acknowledge and agree that Apple and its subsidiaries, are third-party beneficiaries of the DAZN terms & conditions as related to your license of the App Store Download, and that, upon your acceptance of the terms and conditions of these 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.
5.7 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.
6. Conclusion of the contract, Term, Renewal and Termination.
6.1 The details and pricing in respect of the Paid Subscriptions and Add-On Events on the DAZN Service and in our marketing & promotions do not constitute a legally binding offer. By activating the purchase button (or, as the case may be, an equivalent button) you submit a legally binding offer to conclude a subscription contract. The contract is concluded by our explicit confirmation of the contract. If you have not received such a confirmation, the contract is concluded when we provide you with access to the Content within the DAZN Service.
6.2 If no minimum initial term (e.g. 12 months) is specified at the point of sign-up for your Paid Subscription, your Paid Subscription begins on the day of the conclusion of the contract and has an indefinite term, but can be terminated at any time either by you or by us with a notice period of thirty (30) days. If a minimum initial term (e.g. 12 months) is specified at the point of sign-up for your Paid Subscription, your subscription will initially be for such minimum term and will then continue to be automatically extended by the length of the minimum term (or, if different, on the basis (if any) as was expressly specified at the point of sign-up for your Paid Subscription), unless the subscription is validly terminated by you or by us by providing a minimum of thirty (30) days’ notice, such termination to take effect at the end of the (as applicable) initial or current subscription period. Our right to immediately suspend or terminate your access in accordance with other provisions in these Terms remains unaffected. For clarity, any Paid Subscription is conditional on any required payment due from time to time being authorised by your supported payment provider or, if applicable, your subscription code or promotional code being valid and is at all times subject to these Terms.
6.3 You may cancel your Paid Subscription by logging in on the “My Account” page and clicking on the "Cancel Membership" button and this will be considered your providing us notice for the purposes of these Terms (but for clarity termination remains subject to the applicable notice periods). Where you have provided such notice, you will continue to have access to the subscription plan until the end of your subscription period at which point it will terminate (or, if we offer Free Subscription in your territory, you can choose to either terminate or be placed on to a Free Subscription). Save as specified in the DAZN UK Terms of Use, any fees already paid for the Paid Subscription will not be refunded in case of your cancellation.
6.4 If your Paid Subscription is not subject to a minimum term, then depending on the date you gave notice of termination in accordance with Section 6.2, your subscription may continue beyond the last Complete Billing Period, in which case we will charge to your chosen Payment Method (on your last billing date) a pro rata amount based on the number of days from the end of the last Complete Billing Period until date of termination. A “Complete Billing Period” is a period from the date on which you are billed for your Paid Subscription up to (but not including) the next date you are due to be billed for the same. By way of example for a user billed on a monthly basis, where the user is billed on 5 February, the Complete Billing Period is from 5 February to 4 March (both dates inclusive).
6.5 If you signed up for a Paid Subscription or Add-On Event using your account with a third party as a Payment Method and wish to cancel your subscription to the DAZN Service, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the DAZN Service through that third party. You may also find additional billing information about your subscription to the DAZN Service by visiting your account with the applicable third party.
6.6 If you have a Free Subscription, your subscription will continue until it is terminated by you by emailing help@dazn.com requesting ‘Close my account’. A DAZN customer service agent will then action this in no more than 10 working days. You may cancel your Free Subscription at any time. We can terminate your Free Subscription at any time via email with a notice period of 7 days or pursuant to other provisions in these Terms.
7. Security.
7.1 Our collection and use of payment information is governed by our Privacy Policy. By accessing and using the DAZN Service, you consent to the collection and use of this information. As part of providing you the DAZN Service we may need to provide you with certain communications, such as service announcements and administrative or billing-related messages. These communications are considered part of the DAZN Service, which you may not be able to opt-out from receiving.
7.2 You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the DAZN Service and not through a hyperlink in an email or any other electronic communication, even if it looks official.
8. Age Restriction.
You must be older than 18 years of age, or the age of majority in your state, province or territory of residence, to become a user of the DAZN Service.
9. Limitation of Liability.
9.1 TO THE EXTENT PERMITTED UNDER THE APPLICABLE LAW, UNLESS AGREED OTHERWISE IN WRITING, THE MAXIMUM LIABILITY OF EACH OF US AND ANY THIRD PARTY RIGHT HOLDER TO YOU ARISING BY REASON OF OR IN CONNECTION WITH THE SUPPLY OF THE DAZN SERVICES TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE DAZN SERVICE WITHIN THE LAST TWELVE (12) MONTHS (“PAYMENT AMOUNT”). NEITHER US NOR ANY THIRD PARTY RIGHTS HOLDER SHALL IN ANY EVENT BE LIABLE TO YOU FOR:
9.1.1 ANY DIRECT LOSS IN EXCESS OF YOUR SUBSCRIPTION FEE (AS APPLICABLE); OR
9.1.2 ANY CORRUPTION TO DATA OR ANY INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER.
9.2 YOU FURTHER ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
9.2.1 THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE DAZN SERVICE IS AND REMAINS WITH YOU.
9.2.2 WITHOUT LIMITING THE FOREGOING, DAZN DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE DAZN SERVICE.
9.2.3 YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE DAZN SERVICE, INCLUDING SUBMITTING AND TRANSMITTING YOUR PAYMENT METHOD, ARE DONE AT YOUR OWN DISCRETION AND RISK, AND YOU HEREBY RELEASE DAZN AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
9.3 Where the DAZN Service contains links to sites and resources provided by third parties, we have no control over the contents of those sites, resources or services. Any use of, or payment to, such third party sites, resources or services will be covered by that third party's terms and conditions and privacy policy, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. Contact Us.
10.1 You can contact us whether to discuss technical problems or for any other reason using the Contact Us form located at https://www.dazn.com/contactus or through the Contact Us section of our App. In order for us to be able to assist you, you may be required to provide your e-mail, residential address, product details, payment information. We (and not any third party payment provider) are responsible for providing all maintenance and support with respect to the DAZN Service.
You can also contact us by telephone on +1-402-517-9087 or write to us at:
DAZN US, LLC
1 World Trade Center, 72nd Floor, New York 10007, United States
10.2 If you subscribe to the DAZN Service, you should notify us immediately if any of your details change by updating these details in the “My Account” section of our website or through the application.
10.3 Any notice given by us will be given by email via the most recent email address we hold for you. We shall not be responsible for non-receipt of messages we send you.
11. Waiver.
No waiver by us or any third party rights holder shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these 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 US LLC. 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.
12. 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.
13. 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.
14. Governing Law.
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, to the extent permitted under the applicable law.
15. 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.
Arbitration Agreement: Binding Individual Arbitration & Class Action/Jury Trial Waiver (“Arbitration Agreement”)
16. Dispute Resolution
References to “DAZN”, “you”, “we”, and “us” in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries and affiliates; those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises.
If any Dispute (defined below) is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction in New York, New York.
17. Mandatory Individual Arbitration
Any dispute, claim, or controversy arising out of or relating in any way to your visit to, or use of, the DAZN Website, the DAZN mobile application, the DAZN Service, or otherwise related to the Terms, including those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms and this Arbitration Agreement (collectively, “Dispute” or “Disputes”), whether such Disputes arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure set forth below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and DAZN each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Any legal action by DAZN against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.
If any court or arbitrator determines that this Agreement is void or unenforceable for any reason as to Disputes arising before your entering into these Terms, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.
18. Class Action / Jury Trial Waiver
You and DAZN agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and DAZN may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and DAZN may not participate in any class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding brought by any third party.
Unless both you and DAZN agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative proceeding. If any court or arbitrator determines that this Class Action/Jury Trial Waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and DAZN shall be deemed not to have agreed to arbitrate Disputes.
To the extent that any claims are allowed to proceed on a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative basis, such claims must be litigated in a federal or state court of competent jurisdiction in New York County, New York, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Notwithstanding the foregoing, you or DAZN may participate in a class-wide settlement.
19. Opt-Out Procedures
You shall have thirty (30) days from the date that you sign up for the DAZN Service or provide information to the Website to opt out of this Arbitration Agreement. To opt out, you must send us a written opt-out notice (“Opt-Out Notice”) by email at usarbitration@dazn.com within 30 days after the earlier of: (1) the date you first accessed the DAZN Website, the DAZN mobile application, or the DAZN Service; (2) the date you first signed up for the DAZN Service; or (3) the date you first provided information to the DAZN Website or DAZN mobile application after the Effective Date of this of these Terms (“Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. In other words, opting out of this Arbitration Agreement shall have no effect on any previous, other, or future arbitration agreements you may enter into with DAZN. As stated above, if you do not opt out of this Arbitration Agreement within the Opt-Out Period, then you will be bound to the terms and conditions of this Arbitration Agreement which shall supersede and replace in its entirety all previous versions of DAZN’s arbitration agreements and class action provisions.
20. Rules and Governing Law
Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and DAZN each agree to send the other party a written Notice of Dispute (“Notice of Dispute” or “Notice”). A Notice of Dispute from you to DAZN must be emailed to usarbitration@dazn.com (“Notice Address”). Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the Notice, any relevant facts regarding your use of the DAZN Service, DAZN Website and/or DAZN mobile application, including whether you have subscribed to the DAZN Service, and if so, the date(s) covering your subscription period; and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. DAZN will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.
After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution.
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and DAZN have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.
If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and DAZN each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Claims through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.
All Disputes shall be submitted to National Arbitration and Mediation (“NAM”), www.namadr.com/, for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with its rules and procedures, including any supplementary rules and fee schedules, then in effect (the “Rules”), except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. A form for initiating arbitration proceedings is available on NAM’s website at https://www.namadr.com/resources/rules-fees-forms/. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the claim to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com.
If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 25 claims, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) NAM shall provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iii) NAM shall apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in NAM’s fee schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of these Claims. All parties agree that arbitrations are of a “substantially similar nature” for purposes of this batching procedure for claims administered by NAM if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. This batching procedure for claims administered by NAM shall in no way be interpreted as authorizing class arbitrations of any kind. DAZN reserves all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this batching procedure for claims administered by NAM and the ADR Services Batching Procedure (see below) are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and DAZN shall be deemed not to have agreed to arbitrate Disputes.
If NAM notifies the parties in writing that it is not available to arbitrate any Claim, or if NAM is otherwise unable to arbitrate any Claim, that Claim shall be submitted to ADR Services, Inc. (“ADR Services”) for final and binding individual arbitration before one arbitrator. The arbitration will be administered by ADR Services in accordance with its rules and procedures, including any supplementary rules and fee schedules, then in effect (the “Rules”), except as modified by this Arbitration Agreement. ADR Services’ Rules are available at https://www.adrservices.com/services-2/arbitration-rules/. If there are 20 or more substantially similar Claims that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services shall (i) administer those Claims in at least 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule. You agree to cooperate in good faith to implement this batch approach (the “ADR Services Batching Procedure”) to facilitate the efficient resolution of these Claims. This ADR Services Batching Procedure shall in no way be interpreted as authorizing class arbitrations of any kind. DAZN reserves all rights and defenses as to each and any demand and claimant.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and the Rules are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be resolved under the laws of New York.
At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, you and DAZN agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under NAM or ADR Services’ Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.
Arbitrator’s Fees: You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM, ADR Services (as applicable), and/or the arbitrator to address the apportionment of the arbitrator’s fees.
Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Requirement of Individualized Relief: The parties agree that the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any of the prohibitions on non-individualized declaratory or injunctive relief, class, representative, and private attorney general claims, or consolidation set forth under this Arbitration Agreement are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then, after exhaustion of all appeals, the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated.
You agree that any arbitrations between you and DAZN will be subject to this Arbitration Agreement and not to any prior arbitration agreement you had with DAZN, and, notwithstanding any provision in these Terms to the contrary, you agree that this Arbitration Agreement amends any prior arbitration agreement you had with DAZN, including with respect to claims that arose before this or any prior arbitration agreement.
21. Opt-Out of Future Changes to Arbitration Agreement
Notwithstanding any provision to the contrary, if DAZN makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending DAZN an email to usarbitration@dazn.com within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) and, if applicable, the username or email address associated with any potential account with DAZN. It must include a statement, personally signed by you, that you wish to reject the change to the Arbitration Agreement. This is not an opt out of arbitration altogether.
22. Severability & Survival
If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein. Notwithstanding the foregoing, as set forth in Section 4, if any court or arbitrator determines that the batching procedure for claims administered by NAM (set forth above) and the ADR Services Batching Procedure are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then, after exhaustion of all appeals, the Arbitration Agreement shall be deemed null and void in its entirety.
This Arbitration Agreement shall survive termination of these Terms. Except as provided in the opt-out provisions set forth in Section 3 above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with DAZN.