Terms of Use

Terms of Use
By Eurosport

30/09/2018 at 12:40Updated 13/02/2020 at 15:25

Eurosport Player allows you to access a great range of linear channels, live and delayed sports related content, sports stories, insights, sporting biographies and comments (“Eurosport Content”) streamed over the internet to certain internet-connected compatible and registered TVs, computers and other devices ("Eurosport Player Devices").

If you are resident in Austria, Switzerland and Liechtenstein, these Terms of Use set out the agreement between you and Dplay Entertainment Limited, incorporated under the laws of England and Wales under company number: 09615785, having its registered office at Chiswick Park Building 2, 566 Chiswick High Road, London, W4 5YB, United Kingdom (“Dplay”). If you are resident in Austria, Switzerland and Liechtenstein, references to “us” or “we” in these Terms of Use shall in each case be construed as references to Dplay.

If you are a resident in Germany, these Terms of Use set out the agreement between you and Joyn GmbH, a limited liability company registered with the commercial register of the local court of Munich, Germany (“Joyn”). If you are a resident in Germany, references in these Terms of Use to “us” or “we” shall in each case be construed as references to Joyn.

These Terms of Use govern your use of Eurosport Player. As used in these Terms of Use, "Eurosport Player", “Eurosport Player service”, "our service" or "the service" means the online service provided by us for discovering and watching Eurosport Content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with Eurosport Player.

By signing-up or continuing to use the Eurosport Player, you confirm that you are bound by these Terms of Use, including any changes to them or the service in accordance with these Terms of Use.

To use the Eurosport Player service you must have internet access and a Eurosport Player Device.

Access to Eurosport Player.

You will need to provide us with a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Debit and credit cards are accepted as a Payment Method.

There are certain types of Eurosport Pass that will automatically renew unless you prevent Your Pass from auto-renewing before your next renewal date (for details on how to do this, see "Cancellation" below). If Your Pass auto-renews, it will do so for the same duration as the initial term (unless we tell you otherwise) and you authorise us to charge your next subscription fee to your Payment Method.

If you stop, pause or re-start any Eurosport Content included in any Eurosport Pass, this will not extend the access period for watching that content on that Eurosport Pass. Once the relevant access period has expired, the content will no longer be available to you.

You can find specific details regarding any Eurosport Player subscription or purchase you have made directly with us by visiting our website, clicking on the person icon or by logging in via the login box on the top right hand side of the page and then clicking on the "Subscription" tab on the left hand side of the “Account” page.

Access to Eurosport Player via a Third Party.

Eurosport Passes may be subscribed to or purchased via a third party and you will be able to access Eurosport Player via that third party and/or via our website on a Eurosport Player Device. The price, duration and content of any Eurosport Pass purchased via a third party, including whether there is a possibility to renew that Eurosport Pass, may differ from the price, duration and content of (and the ability to renew) any Eurosport Pass that is available to purchase directly from us.

The relevant third party will provide you with details of how to access Eurosport Player at the time of your subscription to or purchase of a Eurosport Pass from them. You will need to provide that third party with a current, valid, method of payment that is accepted by that third party, which you may be able to update from time to time (subject to that third party’s payment terms).

There are certain types of Eurosport Pass that will automatically renew unless you prevent Your Pass from auto-renewing before your next renewal date (for details on how to do this, see "Cancellation" below). If Your Pass auto-renews, you authorise that third party to charge your next subscription fee to the method of payment accepted by that third party. Details of any refund that you may be entitled to receive in these circumstances for a Eurosport Pass subscribed to or purchased via a third party shall be provided to you by that third party.

If you stop, pause or re-start any Eurosport Content included in any Eurosport Pass, this will not extend the access period for watching that content on that Eurosport Pass (unless the third party from which you purchased Your Pass tells you otherwise). Once the relevant access period has expired, the content will no longer be available to you (unless the third party from which you purchased Your Pass tells you otherwise).

The terms and conditions of that third party, in addition to these Terms of Use, will apply to your subscription or payment to that third party. In the event of any inconsistency between these Terms of Use and the terms and conditions of that third party, the terms and conditions of that third party shall take precedence. For example, any terms in these Terms of Use explaining how you pay and/or cancel your subscription or purchase will not apply where you purchase a Eurosport Pass via a third party.

Please contact the relevant third party for help if you have any issues in accessing Eurosport Player via that third party’s website, on any app and/or via any credentials provided to you by that third party.

Access to Eurosport Player via a Third Party Bundle.

You may also access Eurosport Player by subscribing to or purchasing such access via one of our commercial partners who offers you a bundle that includes access to Eurosport Player (“Third Party Bundle”). The relevant commercial partner will provide you with details of how to access Eurosport Player at the time of your subscription to or purchase of a Third Party Bundle.

You will need to provide that commercial partner with a current, valid, method of payment that is accepted by that commercial partner, which you may be able to update from time to time (subject to that commercial partner’s payment terms).

A Third Party Bundle may automatically renew unless you prevent it from auto-renewing before your billing date. In those circumstances, you authorise that commercial partner to charge your next subscription fee to the method of payment accepted by that commercial partner. Details of any refund that you may be entitled to receive in these circumstances for a Third Party Bundle subscribed to or purchased via one of our commercial partners shall be provided to you by that commercial partner.

If you stop, pause or re-start any Eurosport Content included in any Third Party Bundle, this will not extend the access period for watching that Eurosport Content on that Third Party Bundle (unless the commercial partner from which you purchased the Third Party Bundle tells you otherwise). Once the relevant access period has expired, the Eurosport Content will no longer be available to you (unless the commercial partner from which you purchased the Third Party Bundle tells you otherwise).

If you are subscribing to or purchasing a Third Party Bundle then in addition to these Terms of Use, the terms and conditions of that commercial partner will apply to your Third Party Bundle. If there is any inconsistency between these Terms of Use and the terms and conditions of a commercial partner, the terms and conditions of that commercial partner shall take precedence. For example, with respect to the type of content that you may access on Eurosport Player, the price of any Third Party Bundle and its duration, together with your rights to cancel such Third Party Bundle (and your access to Eurosport Player) will be governed by the terms and conditions of the commercial partner, including any refunds that you may be entitled to receive following any cancellation.

Please contact the relevant commercial partner for help if you have any issues in accessing any part of your Third Party Bundle (other than technical problems in accessing Eurosport Player). The way in which you access the content on Eurosport Player as provided in any Third Party Bundle, will also vary from time to time and you will be provided with details on how to access such content at the time of your subscription to or purchase of that Third Party Bundle.

Free trials, discounts and promotions.

1. Your subscription to and/or access to Eurosport Player may start with a free trial, discount or other promotional offer (“Promotional Period”). Details of how you can access any Promotional Period (for example, whether by voucher or promotional code or otherwise) will be provided to you when such Promotional Period is offered to you. The Promotional Period lasts for the period specified during sign-up and is intended to allow new members and certain former members to access Eurosport Content that would ordinarily only be available if purchased.

2. You agree not to register multiple times for the same type of Promotional Period. Any such action shall be a breach of these Terms of Use and may result in the termination of your Eurosport Pass. Promotional Period eligibility is determined by us at our sole discretion and we reserve the right to limit availability of and/or revoke any Promotional Period and put your account on hold in the event that we determine that you are not eligible. If you are currently subscribing to and/or accessing the Eurosport Player service via a Promotional Period and/or have recently subscribed to and/or have accessed the Eurosport Player service via a Promotional Period, you may not be eligible for another Promotional Period. We may use information such as device ID, method of payment or an account email address used with an existing or recent Eurosport Pass and/or Promotional Period to determine eligibility. For combinations with other offers, restrictions may apply.

3. If your Promotional Period allows you to try a Eurosport Pass, we will charge your Payment Method at the end of the Promotional Period (unless we tell you otherwise) unless you cancel Your Pass prior to the end of the Promotional Period. The amount you will be charged will depend on the type of Eurosport Pass you had access to during your Promotional Period. To view the date from which you will be charged and the price of the relevant Eurosport Pass going forward, visit our website, click on the person icon or log in via the login box on the top right hand side of the page and then click on the "Subscription" tab on the left hand side of the “Account” page.

Billing.

1. Pricing Information. Detailed pricing information is displayed on our website during the subscription process. These prices include VAT but they do not include any third party transaction fees that may apply.

2. Billing. The total cost of any Eurosport Pass you purchase directly from us will be charged as specified in the “Subscription” tab on your “Account” page which can be accessed by clicking on the person icon or by logging in via the login box on the right hand side of our website. A breakdown of the cost of Your Pass will be set out in the email that you receive from us on subscription or purchase and this breakdown will set out the price, including any taxes and/or other transaction fees that may have been applied to your purchase (if any). In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription to Eurosport Player began on the 31st of any month and the following month only has 30 days in it. To see your next payment date, click on the "Subscription" tab on your "Account" page which can be accessed by clicking on the person icon by logging in via the login box on the right hand side of our website.

3. Payment Method. You can change your Payment Method by clicking on the “Update Payment Info” link on the “Subscription” tab of your “Account” page which can be accessed by clicking on the person icon or by logging in via the login box on the right hand side of our website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the Eurosport Player service until we have obtained a valid Payment Method. When you update your Payment Method, you authorise us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. 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. Payment Processing. We use other companies (including other companies in the same group as Dplay), agents or contractors ("Payment Processors") to process credit card transactions or other payment methods. During the sign up process with us, you will need to provide certain information that will allow our Payment Processors to collect payments on our behalf and you authorise such Payment Processors to collect payments on our behalf. If a payment fails, the relevant Payment Processors will try to collect payment again but if they are unable to process a payment you will not be able to use/access the part of the service that the failed payment relates to. The information you provide during the sign up process will be stored on your account with us, including details of your Payment Method and this Payment Method will be charged each time you purchase a new Eurosport Pass unless you change your Payment Method (see “Payment Method” above on how to do this). If you subscribe to Eurosport Player through a free trial offer, a payment may be authorised by your bank but no payment will be taken by us. You should be aware however that this may affect your available balance or credit limit.

5. Price Changes. We may change the terms of our Eurosport Passes and any other part of our service (including, the price of one or more of our Eurosport Passes and/or other type of subscription) from time to time as described below. We may increase (or decrease) our prices where necessary. Increases may occur if the cost to us of providing the service increases, which may include for example: when we have to pay third parties more for their content by paying higher licence fees, production costs and negotiating or obtaining any other kind of licence or permit that may be needed for existing content; when we introduce new programmes and so have to purchase new content, incur production costs and negotiate new licences and permits; when we update our content and services and there are development and licence costs associated with any updates to the content, the services and/or any upgraded/new technology required; when we change the way we structure the service; when we invest in improving our customer support and security; for valid legal and/or regulatory reasons; and/or other costs associated with the running of the service increase, including external factors such a rise in inflation.

In addition, we provide our services on an ongoing basis and we cannot foresee what may change in the future. This means we may increase our prices for reasons other than those set out above.

We will give you no less than 6 weeks' notice of any price increase and you will be entitled to object or cancel your subscription prior to the price increase becoming effective.

Right of Withdrawal

1. Expiration of your right of withdrawal. Please note that your right of withdrawal as it is set out in the instruction below will expire immediately upon us granting you access to the Eurosport Player Content, provided that you:

a) had expressly consented to us beginning with the performance of the contract prior to expiry of the withdrawal period, and

b) had acknowledged that by this consent, you would lose the right to withdrawal from the contract upon the performance of the contract having commenced.

2. Right of Withdrawal.

You have the right to withdraw from this contract within 14 days, without giving any reason, unless your right of withdrawal expires as set out below.

The withdrawal period will expire after 14 days from the day of contract conclusion.

To exercise the right of withdrawal, you must inform us (for Germany: Joyn GmbH, c/o Dplay Entertainment Limited, Chiswick Park Building 2, 566 Chiswick High Road, London, W4 5YB, Großbritannien, customerservice@eurosportplayer.com; for Austria, Switzerland and Liechtenstein: Dplay Entertainment Limited, Chiswick Park Building 2, 566 Chiswick High Road, London, W4 5YB, Großbritannien, customerservice@eurosportplayer.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Model withdrawal form

Please complete and return this form only if you wish to withdraw from the contract.

— To: for Germany: Joyn GmbH c/o Dplay Entertainment Limited, Chiswick Park Building 2, 566 Chiswick High Road, London, W4 5YB, Großbritannien,customerservice@eurosportplayer.com; for Austria, Switzerland and Liechtenstein: Dplay Entertainment Limited, Chiswick Park Building 2, 566 Chiswick High Road, London, W4 5YB, Großbritannien, customerservice@eurosportplayer.com.

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*)contract for the provision of the following service (*),

— Ordered on (*),

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

(*) Delete as applicable

Cancellation.

If you signed up to Eurosport Player using your account with a third party and wish to cancel your Eurosport Player subscription, you will 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 Eurosport Player service through that third party. Billing information about your Eurosport Player subscription will be provided to you by the third party and may be available by visiting your account with the applicable third party.

Eurosport Player service.

1. Age Restrictions. You must be 18 years of age, or the age of majority in your province, territory or country, to subscribe to certain Eurosport Content. Minors may only use the Eurosport Player service under the supervision of an adult.

2. Personal Use Only. The Eurosport Player service and any content viewed through the Eurosport Player service are for your personal and non-commercial use only. During your Eurosport Player subscription we grant you a limited, non-exclusive, non-transferable, license to access the Eurosport Player service and view Eurosport Content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Eurosport Player service for public performances.

3. Changes to the Eurosport Player service. We will regularly make changes to the Eurosport Player service, including the content library, which may also require periods of maintenance and repair.

We may vary, replace or withdraw any service, feature or functionality or channel or content provided as part of a service at any time as described below.

It may not be practical for us to notify you in advance of all periods of maintenance and repair and/or content changes, for example where you have purchased a Eurosport Pass that provides you with access to the Eurosport Player service for a short period of time. You should keep checking the website for details of what Eurosport Content is available.

If we need to make a significant change to the service you have paid for, we will aim to notify you within 6 weeks in advance of such changes in accordance with these Terms of Use.

In relation to any service you have paid for which hasn’t yet expired, we will try to make sure that changes to our service or prices will not adversely affect you during the relevant usage period. If you have selected a subscription package that automatically renews at the end of a usage period, we will aim to notify you of any changes that are likely to significantly affect you during a future usage period at least 6 weeks before the start of that period so you can cancel the service before the period begins. If you do not object or cancel your subscription to the Eurosport Player service after we have notified you about any changes and before these changes take place, and you continue to use the service, we will take that as your acceptance of the amended service.

5. Your Use of the Eurosport Player service. You agree to use the Eurosport Player service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to access and view Eurosport Player using a virtual proxy network nor to archive, download in a permanent manner, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms of Use) content and information contained on or obtained from or through the Eurosport Player service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Eurosport Player service; use any robot, spider, scraper or other automated means to access the Eurosport Player service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Eurosport Player service; insert any code or product or manipulate the content of the Eurosport Player service in any way; use any data mining, data gathering or extraction method; or transfer content to any unauthorised devices or attempt to access the service or content via any media or device other than your registered Eurosport Player Devices. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Eurosport Player service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

6. Your internet connection and Eurosport Player Devices.

The quality of the display of the Eurosport Content may vary from 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. Availability is subject to your internet service and device capabilities. Not all content is available in all formats and not all subscription plans allow you to receive content in all formats. From time to time a device manufacturer or the provider of a device operating system may impose changes that limit or restrict your use of Eurosport Player on that device. If this happens we will try to notify you of these changes in advance, but as we have no control over these manufacturers and providers it may not always be possible to do so.

For security reasons and to protect the rights of our content partners, Eurosport Player may not be supported on a device where limitations included within the device operating system have been removed or tampered with (known as ‘jail-breaking’).

You are responsible for all internet access charges. Remember that streaming audio-visual content can use up a lot of data. Please check with your internet provider for information on possible internet data usage charges. The time it takes to begin watching Eurosport Content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Eurosport Player Device.

We would recommend that if you are accessing Eurosport Player via a third party app store, you accept any updates to the app as and when they become available. This may also require you to update your device operating system.

7. Eurosport Player Software. Eurosport Player software is developed by, or for, Dplay and is designed to enable viewing of Eurosport Content through Eurosport Player Devices. Eurosport Player software may vary by device and medium, and functionalities and features may also differ between devices and country by country. You acknowledge that the use of the service may require third party software that is subject to third party licenses.

Security.

Your Eurosport Player account is personal to you ("Account Owner") and as the Account Owner you are the only person who has access to and control over it. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account and any Payment Method), the Account Owner should maintain control over the Eurosport Player Devices that are used to access the service and not reveal the password nor details of any Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, us or our partners from identity theft or other fraudulent activity.

Miscellaneous.

2. Liability. By signing up to these Terms of Use and using any part of the Eurosport Player service and content, you agree that you will be responsible for your actions and omissions. The service may present links to third party websites, ads or offers not owned or controlled by us – we are not responsible for these sites, ads or offers.

a. We are liable for any damages we cause intentionally or by our gross negligence, as well as for any injury to life, body or health caused by us.

b. In the event of our slight negligence:

i we are only liable for breaches of a material contractual obligation. A material contractual obligation is something so fundamental to the contract that if it is not fulfilled then the contract cannot be completed;

ii. we exclude all liability for lack of commercial success, lost profits and indirect damages; and

iii. our liability is limited to typical and foreseeable damages at the time the agreement between us was concluded.

c. This limitation of liability applies for the benefit of our employees, agents and vicarious agents.

d. For consumers resident in Germany and Austria, this limitation of liability does not affect any potential liability we may have for any guarantees and for any claims based on the German Product Liability Act or the Austrian Product Liability Act as necessary.

3. Our rights to cancel. We can cancel your agreement (or any part of it) at any time and, for the remainder of your usage period, you will be able to access any parts of the service you have paid for.

In any event, we may immediately suspend or restrict your use of all or any part of the service and/or content without refunding or compensating you if:

a. you fail to make a payment you owe us or if your Payment Method fails;

b. you breach these Terms of Use, although for non-serious breaches we will first give you an opportunity to put things right which you will need to do within 7 days;

c. we suspect or believe that you’ve committed or may be committing fraudulent activity against us or against any other person or organisation through your or their use of the service or Eurosport Content, for example, you have copied our streams on to another website;

d. you have acted towards our staff or agents in a way which we reasonably consider to be inappropriate or unacceptable and sufficiently serious to justify restricting or ending your use of our service;

e. you purchase a Eurosport Pass using a virtual proxy network;

f. you use the Eurosport Player service in a manner that may negatively influence our reputation and/or business, our affiliates, our commercial partners, any Payment Processors and/or any other third party who is performing services on our behalf in relation to Eurosport Player; or

g. it is not reasonably avoidable due to technical or operational reasons which are beyond our reasonable control.

4. Unsolicited Materials. We do not accept unsolicited materials or ideas for Eurosport Content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to it or any of its affiliates.

6. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

7. Waiver. To the extent we fail to or decide not to exercise any right of claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing.

8. Transfer of rights. The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer our rights and obligations under these Terms of Use to any company, firm or person provided that the service will not reduce as a result of such transfer. You may not transfer your rights or obligations under these Terms of Use to anyone else.

9. Changes to Terms of Use. We may, from time to time, change these Terms of Use. We will aim to notify you at least 6 weeks before these new Terms of Use apply to you unless the changes need to be implemented quickly for security, legal or regulatory reasons in which case we will notify you of the changes as soon as we can. If you continue to use the Eurosport Player service following any change to these Terms of Use and do not object, we will take this as your acceptance of the amended Terms of Use. The most up to date Terms of Use will always be available via the Eurosport Player website and when we notify you that the Terms of Use are changing we recommend you print the latest version for your records. If the change materially disadvantages you we will also give you the opportunity to cancel your subscription before the changes are effective.

10. Electronic Communications. If we need to contact you, (including to give ‘notice’ as described in these Terms of Use), we will do so electronically, for example, via email or a notice ‘pushed’ to your device. Notifications will be deemed to have been delivered on the day they are sent. We’ll send notices to you using the contact details you have given us, so please make sure you have provided us with accurate contact details, and keep us up to date if they change.

Last Updated: August 2019