Terms of Use

Terms of Use
By Eurosport

01/01/2020 at 02:00Updated 03/03/2020 at 16:20

These are the terms of use for the websites and apps of Eurosport and Eurosport Player (the "Service").

Please read these terms before accessing, installing or using the Service. They set out the agreement between you and us for your access to and use of the Service.

Who we are

The Service is operated and provided to you by DPlay Entertainment Limited, registered in England with company number 09615785 whose registered office is at Chiswick Park Building 2, 566 Chiswick High Road, London, W4 5YB, United Kingdom (“DEL”, "we", "us, "our").

The Service

When we talk about the Service in these terms, this includes:

  • the Eurosport Player and Eurosport websites (together, the "Websites");
  • the Eurosport Player and Eurosport applications made available on certain mobile phones and other connected devices (together, the “Apps”); and
  • anything made available on the Websites and Apps, including:

- the on-demand and live video content service available either free of charge with an account or by paid subscription;

- all features, functionalities and user interfaces; and

- any content and materials you can view, access or contribute, such as images, photos, sounds, music, text, articles, games, graphics, software, videos, programmes, live streams and linear channels (“Content”).

The Content on the Service will change regularly – that means exciting sports, events, articles, programmes, channels etc. may become available whilst other sports, events, articles, programmes, channels etc. will stop being available. See clause 10 for more details.

Terms of Use

1. Access to the Service

1.1 By accessing, using or installing the Service, you will be able to access, use, view and interact with Content, on the terms and conditions set out in these Terms of Use.

1.2 You may be able to access and view some Content for free, but some Content will only be available to you if you:

(a) register an account ("Eurosport Account"); or

(b) purchase a one-time pass with a fixed term or a recurring subscription ("Eurosport Pass").

1.3 To can sign up for a Eurosport Account if you are aged 16 years or older. To purchase a Eurosport Pass, you must be aged 18 years or more.

1.4 As described on the Eurosport Pass selection page and in our Help Centre:

(a) the Eurosport Passes, Content, features and functionalities available on the Service may vary depending on your device, your territory of residence, and between each of the Websites and Apps. For more information on supported devices, read section 14 of these Terms of Use; and

(b) limitations on Content, features and functionality may also depend on the Eurosport Pass you choose and any restrictions imposed by our commercial partners.

2. Conclusion of contract and contract language

2.1 The offer to register a Eurosport Account or purchase a Eurosport Pass constitutes a binding offer by us to conclude a contract. You conclude a contract with us for the Service by: (a) registering a Eurosport Account; or (b) registering a Eurosport Account and purchasing a Eurosport Pass.

2.2 We will send you an email to confirm your registration of a Eurosport Account and/or a purchase of a Eurosport Pass.

2.3 The language of our contract with you for access to the Service is German and English.

3. Your Eurosport Account

3.1 When creating your Eurosport Account, you must provide true, accurate and complete information to us. You may be able to use an account you already hold with a third party platform or other partner to create a Eurosport Account, such as your login with a social media service.

3.2 You are responsible for your Eurosport Account username and password, for keeping them confidential, and for all activities that are carried out under them (including all access to and use of the Service through your Eurosport Account) (unless DEL is responsible). We recommend that you do not reveal your payment details, username and password to any other person. You agree to notify us immediately if you become aware of or suspect any breach of security or unauthorised use of your password or username.

4. Your Eurosport Pass

(a) further details of the features of each type of Eurosport Pass, including auto-renewal, minimum subscription periods, how to turn off auto-renew and cancellation; and

(b) information on switching from one Eurosport Pass to another Eurosport Pass, including any impact on your billing arrangements.

5. Automatic renewal

5.2 If you purchase a Eurosport Pass through us, we will let you know, at the point of sign-up, if your type of Eurosport Pass will automatically renew.

5.3 If you have a Eurosport Pass which automatically renews, and you do not cancel your subscription before the end of the current subscription period (or any free period of access), your Eurosport Pass will automatically renew. When your Eurosport Pass automatically renews, you will be charged the total subscription fee at the same price (unless a promotional price applies to your current or upcoming subscription period, or we have notified you of a price change in accordance with section 8) due for the next subscription period.

6. Free Period of Access

6.1 Your Eurosport Pass may start with a free period of access (sometimes referred to on the Service as a ‘free trial’). Free periods of access are available to new subscribers only (one per subscriber), unless we tell you otherwise, and are subject to availability as may be notified to you prior to conclusion of your agreement with us. The specific duration of any free period of access will be specified at the point of sign-up.

6.2 You will be charged automatically at the end of your free period of access, unless you cancel your Eurosport Pass before the expiry of the free period of access. Please note that you may not be notified that your free period of access is ending or has ended and that your paid subscription has started.

6.3 When subscribing via a third party, for example an app-store or via one of our partners, please also see section 13 (Third Party Platforms and Services) below.

7. Promotional Offers

7.1 DEL, companies within the same group as DEL and/or our third party partners, may make available voucher codes, discounts or other promotional offers which may offer you free or discounted access to the Service (“Promotional Offers”).

7.2 Promotional Offers may take a variety of forms and may be made available on a standalone basis or provided as part of a bundle with other products or services sold by DEL (or other companies within the same group as DEL) or with the products or services of one of our partners.

7.3 You may only use and redeem Promotional Offers in accordance with the specific terms and conditions which apply to them. Please check the relevant terms and conditions of the Promotional Offer for full details, including:

(a) who is eligible to take up the offer; and

(b) whether restrictions apply on combining a Promotional Offer with a free period of access.

7.4 Where a Promotional Offer is provided by a third party partner or by another company within the same group as DEL, that other party may also have additional terms and conditions which apply.

8. Billing

8.1 If you are required to pay for your Eurosport Pass, you will be charged for it using the payment method chosen by you when you first subscribe.

8.2 If your Eurosport Pass automatically renews, subscription payments will be taken automatically on the first day of each new subscription period for your Eurosport Pass at the same price (unless we have notified you of a price change, in accordance with section 8, or if section 7.4 applies). Usually the first payment will be taken on the day you subscribe or, if you have a free period of access, the day after your free period of access ends.

8.3 If you are eligible for a Promotional Offer which enables access to a Eurosport Pass for no charge for a specified period and then converts to a paid subscription, your first payment will be taken immediately after the promotion period.

8.4 If you are eligible for a Promotional Offer involving a discount, your bill and payments will be reduced accordingly for the promotion period. After the promotion period, the then standard subscription price will apply.

8.7 We reserve the right to change the date we charge you if your payment method has not been successfully authorised or if your subscription renewal date does not occur in a given month, for example, if you are usually charged on the 30th of each month, in February you will be charged on the 28th.

8.8 We use other companies (including other companies in the same group as DEL), agents or contractors to process credit card transactions and other payment methods.

8.9 If you subscribe to a Eurosport Pass which starts with a free period of access, or if you use a Promotional Offer which permits access to a Eurosport Pass for no charge but also requires you to provide your payment details, a nominal charge may be temporarily taken when your free period or Promotional Offer begins.

9. Price changes

9.1 We may increase or decrease the price of your Eurosport Pass from time to time. 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 Content and so have to purchase such Content, incur production costs and negotiate new licences and permits; when we update our Content and the Service and there are development and licence costs associated with any such updates and/or any updates, upgrades or 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 as a rise in inflation.

9.2 We will inform you of all price increases at least 6 weeks in advance and you are entitled to object to the respective price increase or to cancel your subscription before the price increase becomes effective. If you do not object, the price increase will be deemed accepted by you. DEL will explicitly inform you about your right to object and the consequences of your silence at the time of notification. We will not make any price change during an ongoing subscription, but only at the end of a subscription period for a new subscription period.

9.3 If you have purchased a Eurosport Pass through one of our third party partners (including Apple or Google), price changes will be subject to that third party’s terms and conditions.

10. Content changes

10.1 As we mentioned above when describing the Service, the Content will change regularly – that means exciting sports, events, articles, programmes, channels etc. may become available whilst other sports, events, articles, programmes, channels etc. will stop being available.

10.2 The availability of Content may change for various reasons, such as where third party rights-holders withdraw or restrict our right to use that content on the Service.

10.3 In case of material changes to the Content available with a Eurosport Pass, you will be notified in accordance with section 11.2.

11. Changes to the Service

11.1 Free access:

(a) We may regularly make changes to or discontinue the free elements of the Service.

(b) This includes any parts of the Service that you can access as an unregistered guest and as a Eurosport Account holder, without purchasing a Eurosport Pass. For example, there may be times when we have to remove certain features or functionality. We may also improve, update or enhance the free aspects of the Service from time to time.

(c) If you have a Eurosport Account, you will be notified in advance of material changes or amendments to the Service and you are free to cancel your Eurosport Account at any time.

11.2 Paid Service

(a) There may also be times when we have to make changes to the parts of the Service that you can only access with a Eurosport Pass (the “Paid Service”) provided that: (i) we have a valid reason to do so that could not have been foreseen at the time this agreement was concluded (for example, to comply with a change in applicable laws or an order made by a court with competent jurisdiction); (ii) the relationship between performance and counter performance of our agreement for the Service does not significantly change to your disadvantage; and (iii) this change is reasonable.

(b) You will be notified of planned changes to the Service in writing (including email) at least 6 weeks before they take effect (“Notice of Changes”).

(i) Changes to the Service are deemed approved by you if you do not expressly object to them after receipt of the Notice of Changes. DEL specifically draws your attention to this legal consequence. In the absence of such notice, or if it is incomplete, your lack of objection does not constitute acceptance of changes to the Service.

(ii) In the event of a Notice of Changes to the Service, you have the right to terminate your subscription before the changes take effect.

(iii) If a materially adverse change is going to come into effect during your current subscription period and you cancel your Eurosport Pass before the change comes into effect, we will provide you with a refund for amounts you have paid for the Paid Service but not yet received.

11.3 This section 10 does not apply to immaterial changes to any part of the Service which do not impede the use of the Service, including, without limitation, mere design changes or changes to the Content (as described in section 10).

12. Right of withdrawal from your Eurosport Pass agreement

12.1 If you are a consumer, you have a legal right to withdraw from your agreement with us. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

12.2 Instructions on withdrawal:

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days, without giving any reason.

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

To exercise the right of withdrawal, you must inform us at our postal address (DPlay Entertainment Limited, Chiswick Park Building 2, 566 Chiswick High Road, London, W4 5YB, United Kingdom customerservice@eurosportplayer.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax 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.

12.3 Model Withdrawal Form:

Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the agreement)

— To

DPlay Entertainment Limited

Chiswick Park Building 2, 566 Chiswick High Road, London, W4 5YB, United Kingdom

customerservice@eurosportplayer.com

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

— Ordered on (*)/received on (*)

— Name of consumer(s)

— Address of consumer(s)

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

— Date

­­­­­____________

(*) Delete as appropriate.

12.4 Premature Expiration of the Right to Withdraw

When you purchase a Eurosport Pass from us you may give your consent to the fact that we will provide you with access to your Eurosport Pass (and the Content available through that Eurosport Pass) before the end of the withdrawal period and you may confirm your knowledge that you will lose your right of withdrawal by giving your consent at the beginning of the execution of the agreement with us for that Eurosport Pass. If you give your consent and confirm your knowledge in accordance with sentence 1 of this section, your right of withdrawal expires.

13. Cancellation

13.1 You can cancel your Eurosport Pass at any time before the end of the current subscription period (or free period of access) and cancellation will be effective at the end of the current subscription period (or free period of access). This means that if you are part of the way through a subscription period (or free period of access), you will be able to continue to use your Eurosport Pass until the end of the current subscription period (or free period of access), unless we tell you otherwise.

13.3 If you signed up for a Eurosport Pass through a third party (for example via an app store or one of our partners) and wish to cancel your subscription, you will need to do so through that third party. For example, you may need to go to your device settings or visit your app store account and turn off auto-renew for Eurosport.

14. Third party platforms and services

14.1 If you access the Service or purchase a Eurosport Pass through a third party (for example, via an app store or a bundle of services provided by one of our third party partners) or another product or service sold by that third party or DEL:

(a) you will be subject to the third party’s terms or to that other product or services’ terms (including any applicable usage rules);

(b) any payment for a Eurosport Pass will be to that third party or to that other product or service;

(c) important information on the:

(i) terms of sale;

(ii) charges;

(iii) taxes;

(iv) payment methods;

(v) your right to cancel a transaction and when you can exercise such right (where applicable); and

(vi) the technical steps to conclude a transaction,

will be detailed in the third party’s terms and conditions or in the terms and conditions of the other product or service; and

(d) you must comply with those third party terms and conditions and also with these Terms of Use. If there is any inconsistency between these Terms of Use and the third party’s terms and conditions, the third party terms will apply.

14.2 If you are paying for a Eurosport Pass via a third party (for example, an app-store or via one of our partners) or via another product or service sold by that third party or DEL and you wish to change your payment method, you will need to do so through that third party or the other product or service. If you encounter any problems with billing or payments in these circumstances, please contact that third party directly to discuss any refunds or credits relating to your Eurosport Pass.

15. Device restrictions, supported devices and updates

15.4 Your use of any updates, modifications to, or replacement versions of the Service will be governed by these Terms of Use and any additional terms you agree to when you install such update, modification, or replacement version.

16. Your data usage

You are responsible for all internet access, mobile data or other charges incurred when using the Service and your Eurosport Pass. Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data.

17. Ownership

17.1 Content on the Service is either owned by or licensed to us, and is subject to our or our licensor’s copyright, trademark rights, and other intellectual property rights. Except for Content you create yourself, you therefore have no intellectual property rights in, or to, any part of the Service, other than the right to use it in accordance with these Terms of Use. Regarding any Content you create, please refer to the below section Your Content, which takes precedence over this section in case of conflict.

17.2 You may not remove, alter or in any way tamper with any copyright notices or other proprietary markings included in the Service or any Content.

17.3 Any copying, access, transfer, public performance or communication to the public or other use of any part of the Service (including any Content) other than as expressly authorised by these Terms of Use shall constitute an infringement of our (or the owner’s) intellectual property rights and a breach of these Terms of Use.

17.4 In the event of a material and/or repeated infringement, we, may, without notice or prior intervention of a court or arbitral body, block your access to the Service and terminate any Eurosport Account you may have and pursue any rights or remedies available to us.

18. Your Content

18.1 If you have a Eurosport Account, you may be able to interact with Content on the Service, including liking and sharing Content or contributing and uploading your own Content (for example, when you take part in a quiz, competition or survey).

18.2 You agree that:

(a) you will not share, contribute or upload any Content that is defamatory, offensive, unlawful, otherwise objectionable, infringes the rights of anyone else or is in breach of these Terms of Use; and

(b) Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner or are otherwise legally entitled to share the material in question.

18.3 In case your Content does not comply with the requirements set out in these Terms of Use, we may remove, modify or delete such Content, terminate or suspend your access for uploading Content and/or terminate or suspend your Eurosport Account without prior notice, on becoming aware of any violation of these Terms of Use. Suspension and termination of your Eurosport Account in this context is only possible in case of repeated and/or material breaches.

19. Your use of the Service

19.1 You are permitted to use and view the Service for your personal and non-commercial use only. While you are using the Service, we grant you a limited, non-exclusive, non-transferable, licence to access the Content and stream, download, temporarily store and view the Content. The Content you can access on the Service will vary depending on whether or not you have a Eurosport Account, and according to your type of Eurosport Pass. Except for the limited licence granted to you in these Terms of Use, no right, title or interest in the Service shall be transferred to you.

19.2 You must not, and must not allow third parties to:

(a) transmit, broadcast, display, perform, publish, license, offer for sale, make and/or distribute copies of any part of the Service for the benefit of any third party, or exhibit any of the Service in any public place;

(b) frame any item of Content or the Service, or incorporate any part of the Service into another website, application, online service or audiovisual service, whether owned by us or our partners;

(c) access or view any part of the Service and/or purchase your Eurosport Pass using a virtual proxy network;

(d) use your username and password to access your Eurosport Account or Eurosport Pass without authorisation;

(e) attempt to alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service;

(f) remove, deactivate, degrade or thwart any of the content protections in the Service or the Content;

(g) collect or harvest any personal data of any user of the Service (including any account name) or use any robot, bot, scraper, site search/retrieval application, proxy or other manual or automatic device, method, system or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service, your Eurosport Pass or the Content.

19.3 You agree not to register multiple times for a free period of access or for the same type of Promotional Offer. Any such action shall be a breach of these Terms of Use and may result in the termination of your Eurosport Account and/or Eurosport Pass.

20. Using the Service outside your home country of residence

20.1 If you are resident in the EU, you can access the Content usually available through your specific Eurosport Pass when visiting another EU country, at no extra cost. This means that you can enjoy the same service abroad that you would at home; you will be accessing the same Content, in the same language, that you access through your Eurosport Pass when you are at home. This access is available only if you are temporarily abroad in another EU country and we are able to verify that your country of residence is in the EU.

21. Ending your right to use the Service

21.1 We can end our agreement with you (and consequently end your right to use the Service) at any time on reasonable notice to expire at the end of the current subscription period of your Eurosport Pass.

21.2 In any event, we may immediately end or suspend your right to use all or any part of the Service or your Eurosport Pass if you have materially and repeatedly breached these Terms of Use or if you are using any part of the Service fraudulently or illegally. If what you have done can be put right we may give you a reasonable opportunity to do so.

21.3 If we end your rights to use the Service, your Eurosport Account or your Eurosport Pass you must stop all activities authorised by these Terms of Use, including your use of the Service.

22. Our liability to you

22.1 DEL shall be fully liable for damages we cause intentionally and by our gross negligence as well as for any injury to life, body or health caused by us.

22.2 In the event of our slight negligence:

(a) we shall be liable only for breaches of material contractual obligations. A material contractual obligation in the meaning of this provision is so fundamental to the contract that if it is not fulfilled then the contract cannot be completed;

(b) we shall not be liable for any lack of commercial success, lost profits and/or indirect damages; and

(c) our liability shall be limited to the typical and foreseeable damages at the time this contract between us was concluded.

22.3 The limitation of liability in this section shall apply for the benefit of our employees, agents and vicarious agents.

22.4 The limitation of liability in this section does not affect any potential liability we may have for any guarantees and for any claims based on the German Product Liability Act.

22.5 Any further liability shall be excluded.

23. Advertising and third party websites

23.1 The Service and Content may contain advertisements. We are not liable to you for any reliance placed by you on the completeness, accuracy or existence of any advertising on the Service and Content, where we are not responsible for such advertising.

23.2 We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

24. Reporting Content

25. Changes to these Terms of Use

25.1 DEL may amend these Terms of Use, provided that such amendments to these Terms of Use are reasonable for you.

25.2 You will be notified at least 6 weeks in advance of any such changes or amendments in writing or by e-mail. If you do not object to such changes or amendments within 6 weeks of receiving such notice, you will be deemed to have accepted them. DEL will expressly inform you at the time of notification of your right to object and the consequences of your silence.

For any change to the price, Content and/or the Service, refer to sections 9, 10 and 11.

25.3 The most up to date Terms of Use will always be available on the Website and Apps from the effective date of those updated Terms of Use.

26. Transfer of rights

The agreement between us and you is personal to you and no third party is entitled to benefit under it.

27. Severance

If any paragraph or section of these Terms of Use is held to be unlawful, invalid or unenforceable by a court or legal authority, that paragraph or section shall be treated as removed. The validity and enforceability of the remaining parts of these Terms of Use shall continue and will not be affected.

28. 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.

29. Governing law

The contractual relations between the parties under these Terms of Use are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods ("CISG"). If you are a consumer and do not reside in the Federal Republic of Germany, such contractual relationship is subject exclusively to the law of the Federal Republic of Germany, excluding the CISG, unless mandatory provisions of the law of the country in you have your habitual residence provide otherwise.

30. Complaints

31. Contacting us