TERMS

TERMS OF SERVICE

Before accessing and using the Platform and the Services or any portion thereof please read carefully the following terms and conditions contained in these Terms. Please note that your access to and use of the Platform and the Services or any portion thereof is subject to these Terms as well as to the applicable laws and regulations. By your access to and use of the Platform and the Services or any portion thereof you irrevocably and unconditionally agree to be bound by any and all of the terms and conditions set forth in these Terms. If you do not agree with these Terms or any provision herein, you are not granted permission to access or otherwise use any part of the Platform and/or the Services and you must cease from accessing and using the Platform and the Services or any portion thereof with immediate effect.

INTRODUCTORY PROVISIONS

  1. SPORT.VIDEO is a full service online platform (“Platform”) created and designed to provide you with products, channels, software, technology, tools, data feeds and services offered via the Platform, including the SPORT.VIDEO recording app, in order to view, browse, stream, create, share and monetize highlights and video contents of sport competitions and sport events online in real time (“Content”) anywhere around the globe (collectively as “Services”).

  2. The Platform is owned and operated by Sportvideos365 GmbH, Stiegengasse 2/5, 1060 Vienna, Austria, a company incorporated and existing under the laws of Austria with a company identification number: FN 430195s and its affiliates (“Sport.Video”).

  3. These Terms apply to all visitors, users, and others who access and use the Platform regardless of their intention as well as to all visitors, users, and others who register and create an account on the Platform and use the Services in order to stream, create, share and monetize Content via the Platform (“User” or “you” or “your”). You can visit the Platform and access some of its features and functionality without having to register. However, in order to access some of the features and functionality of the Services, you will have to register and create an account on the Platform and fulfil other conditions in accordance with these Terms and instructions indicated on the Platform.

  4. These Terms of Service (“Terms”) form a legally binding agreement between you and Sport.Video in relation to your access and use of the Platform and the Services. Sport.Video hereby grants you permission to access and use the Platform and the Services pursuant to the terms and conditions contained herein.

  5. You accept the Terms by visiting and using the Platform or accessing and using the Services. You hereby acknowledge and accept to the full extent that Sport.Video will treat your access and use of the Platform or the Services as acceptance of the Terms from that point onwards.

SPORT.VIDEO ACCOUNTS

  1. In order to use the Services to stream, create, share and monetize your Content via the Platform you must register and create an account as indicated on the Platform. There are two type of accounts available to you on the Platform. You can choose either an account designed for sport clubs and athletes (“Club”) or an account designed for sport associations, federations, leagues and tournaments (“Association”) (the Club´s account and the Association´s account collectively as the (“Account”). You must choose the Account pursuant to your authorization and you have to define on whose behalf (Club or Association) you act while using the Platform.

  2. When creating your Account, you must provide your e-mail address and accurate and complete information and data indicated on the Platform. You warrant and represent that any information and data provided to Sport.Video is truthful, accurate and complete and that you will update all such information as necessary to maintain its truthfulness, accuracy and completeness. You are solely responsible for the activity that occurs on your Account, and you must keep your User password secure. You must notify Sport.Video immediately of any breach of security or unauthorized use of your Account. Sport.Video shall not be held responsible for any losses caused by any unauthorized use of your Account.

  3. You can have an access to more than one Account, however, you cannot create another Account with the same e-mail address.

  4. You can be invited to be a user of another Account by another User. In this case you do not have to provide a different e-mail address in order to have an access to such Account.

  5. The User of the Club´s account must expressively define the Club for which the Club´s account is created (“My Club”). Once the User defines My Club, the User agrees and undertakes to upload and stream via the Club´s account only the Content containing at least one of the Club defined as the My Club.

  6. Each Account contains three user types with different scope of permissions and functionalities. You can use the Account as (i) the Owner, or (ii) the Editor or (iii) the Cameraman as provided for on the Platform. Each user type has a different authorization in relation to the Account as indicated on the Platform.

  7. In order to upload and stream the Content via the Platform you must create a channel in your Account (“Channel”). The Channel will enable you to upload, and stream only one type of sport. If you wish to stream more than one type of sport, you must create another Channel on your Account. You can create more than one Channel on your Account, however, Sport.Video reserves the right to limit the number of Channels to two Channels for one Account.

  8. Your Account is not transferable, and you may never use another User’s account without permission.

  9. You may manage and control your Accounts and Channels on the dashboard provided on the Platform for your Account (“Dashboard”).

  10. Please note that you can find necessary information and guidelines in relation to the Services, the Account and the Channels in the tutorials provided to you in the menu located on the left side of your Dashboard.

SUBSCRIPTIONS AND PAYMENTS

  1. You agree that certain features and functionalities of the Services are subject to subscriptions and payments as indicated on the Platform (“Paid Services” or “Paid Packages”). Each Account has its own designed Paid Packages available. The User of a Club´s account may purchase only the Paid Packages available to the Club´s account and the User of an Association´s account may purchase only the Paid Packages available to the Association´s account.

  2. The subscriptions and payments for purchasing the Paid Packages (“Fees”) are indicated on the Platform. If you choose the Paid Package, you irrevocably and unconditionally agree to pay all the Fees related to such Paid Package pursuant to the payment instructions indicated on the Platform and the terms and conditions set forth in these Terms.

  3. The Paid Packages (subscriptions) are available to you to purchase, according to the number of created teams of your account. That means if the number of created teams of your account is higher than what a specific paid package allows, you will not be able to purchase that package.

  4. If you have purchased a Paid Package and you want to create more teams than what that particular package allows, you must upgrade to a higher package in order to keep all paid features functioning. If you do not upgrade to a higher package, all paid features of the Paid package will be disabled, until the upgrade is done.

  5. An active Account is required for ordering and purchasing the Paid Services. Prior to ordering and purchasing the Paid Services, you must provide truthful, complete and accurate billing information, including your credit card details and other details as indicated on the Platform. You are obliged to provide your credit card details also for the use of the Paid Package also if you have been granted the Free Trial Period. By providing your credit card or any other payment information either during registration or at any time thereafter, you warrant and represent that such credit card and billing information is complete, correct and accurate.

  6. You hereby confirm and accept that the address, the email address, bank details and any other details you provide to Sport.Video via the Account are truthful, complete and correct and that Sport.Video is entitled to invoice you at such addresses/numbers or through other electronic or facsimile communications.

  7. You can choose to pay for the Paid Packages on monthly or yearly basis, if available to you on the Platform. Sport.Video will charge you the Fee based on your chosen Paid Package. Any and all payments of the Fees are due on the first day of each period of the Paid Package (“Payment Date”) and Sport.Video may charge your credit card provided on your Account at any time on and after the Payment Date.

  8. You may cancel the Paid Package at any time for any reason or for no reason by sending a notice of cancelation in writing to Sport.Video. The cancelation of the Paid Package will not affect your obligation to pay the Fee which has become due prior to delivery of the notice of cancelation to Sport.Video. If you cancel your Paid Package after the Payment Date, your Paid Package will be cancelled on the last day of the period of your Paid Package to which such Payment Date is related.

  9. Sport.Video may provide you with a free-trial period consisting of first two weeks of using of the Paid Services during which you may use the Paid Services free of charge (“Free Trial Period”). Please note that you are not entitled to the Free Trial Period and granting the Free Trial Period is in the sole discretion of Sport.Video. You can see if you have been granted the Free Trial Period on the Platform.

  10. If you do not cancel the Paid Package at least one day before the last day of Free Trial Period, you will be automatically charged the Fee for the chosen Paid Package on the first day following the last day of the Free Trial Period. In this case the first Payment Day will be the day following the last day of the Free Trial Period. If you cancel the Paid Package no later than one day before the end of the Free Trial Period, the Paid Package will be cancelled on the last day of the Free Trial Period.

  11. You authorize Sport.Video to charge your credit card for any amounts due to Sport.Video. You agree that you will be charged using your credit card via the subscription toolkit “Stripe” (https://stripe.com).

  12. You may upgrade your chosen Paid Package at any time. If you upgrade your chosen Paid Package, the Fee for your prior Paid Package will be prorated based on the number of days under the prior Paid Package and you will be charged the Fee at the billing rate designated for the new Paid Package on the next day following the day of your upgrade. You will then be charged on the Payment Date according to your new billing rate designated for the new Fee thereafter.

  13. If available to you on your Account, you may change the monthly payment of the Fee to the yearly payment of the Fee and vice versa pursuant to the instructions indicated on the Platform and the terms and conditions set forth herein.

  14. If available to you on your Account, you may change the monthly payment of the Fee to the yearly payment of the Fee via your Dashboard at any time. If you request to change the monthly payment of the Fee to the yearly payment of the Fee, you will be charged the new yearly Fee on the first Payment Date after the date on which you requested the change. From that point onwards, you will be charged the Fee yearly in advance on the Payment Day designated for the new yearly Fee.

  15. If available to you on your Account, you may change the yearly payment of the Fee to the monthly payment of the Fee via your Dashboard at any time until the last day of the period of the prior Paid Package. If you request to change the yearly payment of the Fee to the monthly payment of the Fee, you will be charged the monthly payment of the Fee on the Payment Date of the first month following the last day of the period of the prior Paid Package. From that point onwards, you will be charged the Paid Package on monthly basis in advance on the Payment Day.

  16. Please note that you can find necessary information and guidelines in relation to the Paid Services in the tutorials provided to you in the menu located on the left side of your Dashboard.

AD CAMPAIGNS

  1. The Users who have purchased the Paid Package may create an advertising campaign (“Campaign”) via the Account by which the User may manage and control advertising activities in the Channel (“Ad Management Services”). In order to create the Campaign and carry out the Ad Management Services you must strictly comply with the instructions indicated on the Platform and the terms and conditions set forth herein.

  2. You agree that Sport.Video is entitled to charge you a fee indicated on the Platform for each impression limit reached in each of your Campaigns (“Ad Management Fee”). The Ad Management Fee will be charged to the User´s credit card on a monthly basis in arrears at the end of every month of the Campaign according to the amount of impressions reached in the respective month of the Campaign.

  3. The User may not edit the Campaign, once the Campaign is created and uploaded on the Platform. If you wish to edit your existing Campaign, you must cancel the previous Campaign and create a new Campaign. The Platform may provide you with a functionality by which you can easily create a duplicate of the Campaign according to your needs. The prior Campaign will then be automatically cancelled.

  4. If available to you on your Account, you may use the Ad Management Services free of the Ad Management Fee for a certain period of time. Your obligation to pay the Fee for the Paid Package shall not be affected. You agree that you are not entitled to use the Ad Management Services free of the Ad Management Fee and Sport.Video may start charging you the Ad Management Fee at any time for any reason or no reason.

  5. If the Paid Package is cancelled (either by the User or Sport.Video in accordance with these Terms), all the User´s Campaigns shall be cancelled simultaneously with effect as of the last day of such cancelled Paid Package.

GENERAL PROVISIONS

  1. The Platform is provided by Sport.Video, and through these Terms Sport.video hereby provides to you a revocable, limited, non-exclusive, royalty-free, non-transferable license to access and use the Platform and the Services solely for Your own personal or business use. Your use of the Platform and the Services and any and all parts thereof is conditioned on your continued compliance with the terms and conditions stated in these Terms. You expressly acknowledge and agree that Sport.Video does not transfer to you any ownership or intellectual property interest or any title to the Platform and/or the Services or any portion thereof.

  2. You may not use the Services and may not accept the Terms if (i) you are not of legal age to form a binding contract with Sport.Video, or (ii) you are a person who is legally prohibited from receiving or using the Services under the laws of the country in which you reside or from which you access or use the Services.The Sport.Video may choose a different payment method to charge any amount due against the User under these Terms in its sole discretion. If, for whatever reason, the User fails to pay to Sport.Video any payment due under these Terms or Sport.Video charges the User’s credit card pursuant to these Terms and the payment does not go through, Sport.Video is entitled to suspend User´s access to the Platform and the Services. If the User fails to pay the Fee within 3 days from the Payment Day, Sport.Video may cancel the Account with immediate effect. In the event Sport.Video cancels the Account for nonpayment, all amounts due and unpaid to Sport.Video shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in these Terms, Sport.Video reserves the right to seek payment using any remedies allowed to it by the applicable law. If, for whatever reason, the User fails to pay to Sport.Video any payment due under these Terms, Sport.Video is entitled to interest on late payments at 10 % above the European Central Bank base interest rate per annum.

  3. Sport.Video may at any time suspend provision of the Services without liability if: (i) Sport.Video reasonably believes that the User is using, distributing or making available any part of the Services (including the Content) other than in accordance with these Terms and the applicable law and regulations; (ii) Sport.Video reasonably believes that any activity of the User is likely to be infringing (or has infringed) the rights of any third party; or (iii) Sport.Video reasonably believes that provision of the Services (or any part of it) has become out of accord with: (i) any law and/or regulation applicable in relation to provision of the Platform and/or the Services; and/or (ii) any accreditation, permission or other right granted to or held by Sport.Video. Sport.Video shall give the User prior notice of its intention to suspend the Service in accordance with these Terms, except where Sport.Video reasonably believes that it needs to suspend the Service immediately to mitigate any potential losses, damages or claims.

  4. Any and all intellectual property rights in relation to the Platform and/or the Services are and will remain the property of Sport.Video. The User hereby assigns to Sport.Video, free of charge (including where applicable by way of present assignment of future rights) all legal and beneficial rights, licenses, title, interest (including but not limited to copyright and all other intellectual property rights) which it may from time to time acquire or hold throughout the world in and to the Platform and/or the Services free of any third party rights absolutely, with full title guarantee for the full duration of such rights (including any and all extensions, reversions and renewals thereof) and the User shall, in any jurisdiction where such assignment does not take effect, hold such rights for the benefit of Sport.Video absolutely.

  5. All Content and material that you supply to Sport.Video, upload, store, distribute, post, display or otherwise make available to or through the Platform is generated, owned and controlled by Sport.Video. You hereby represent and warrant that the Content and material you make available to or through the Platform have not and will not violate any applicable laws and regulations as well as any third party´s rights and rightful interests in any way whatsoever and that in case such use of such Content is dependent on a third party’s consent, such content had been previously given and/or acquired. In relation to the Content and material you make available to or through the Platform which according to the applicable law cannot be owned by Sport.Video, you hereby grant to Sport.Video a non-exclusive, worldwide, perpetual, royalty-free, fully paid up, license and sub-licensable right (through multiple tiers) to use such Content and material in any means permitted by the applicable law.

  6. You acknowledge that the Platform may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Sport.Video. Sport.Video does not endorse or assume any responsibility for any such thirdparty sites, information, materials, products, or services. If you access a third party website from the Platform, you do so at your own risk, and you understand that neither these Terms nor Sport.Video’s Privacy Policy apply to your use of such sites.

  7. The User shall not (i) create a false identity for the purpose of misleading others or impersonate any person or entity; (ii) violate any applicable local, state, national or international law; (iii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or Platform or any of its part in any way; (iv) modify or make derivative works based upon the Platform and the Services;(v) create internet “links” to the Platform or the Services or “frame” or “mirror” the Platform on any other server or wireless or internet-based device without the consent of Sport.Video; (vi) reverse engineer or access the Platform in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Platform and the Services, or (c) copy any ideas, features, functions or graphics of the Platform and the Services; (vii) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform, (ix) interfere with or disrupt the integrity or performance of the Platform or the data contained therein, or attempt to gain unauthorized access to the Platform or its related systems or networks.

  8. Sport.Video has the right, but not the obligation, to monitor any activity and content associated with the Platform and the Services. We may investigate any reported violations of these Terms or complaints and take any action permitted by the applicable law that we deem appropriate.

  9. Sport.Video reserves the right, at any time and without prior notice, to suspend or terminate your Account, or restrict, disable or permanently bar your access and use of the Platform or the Services (or any part thereof), if Sport.Video reasonably believes, in its sole discretion, that you have engaged, or may engage, in any activities that violate these Terms.

  10. While Sport.Video endeavours to provide reliable and functional services, the Platform (or any portion thereof) and the Services (or any portion thereof) including any information, data or material arising therefrom are provided to you on an „as-is“ and „as available“ basis and Sport.Video makes no warranty or representation to you in relation to them.

  11. No conditions, warranties or other terms (express or implied, including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to this Terms or to the Platform or any of the Services except to the extent that they are expressly set out in these Terms.

  12. You hereby undertake to indemnify Sport.Video and hold Sport.Video harmless for any damages (direct, indirect, punitive, incidental, special, exemplary, consequential or any damages for loss of use, data, business or profits), costs, acts, legal actions, claims, expenses (including any legal fees and costs, court fees etc.) which Sport.Video suffers as a direct or indirect result of any of the following: (i) your breach of this Terms or any provisions thereof, including any failure to perform your duties in accordance with these Terms; (ii) any warranty or representation given by you under these Terms or provided when accessing and using the Platform and/or the Services being incorrect or misleading in any way; or (iii) any of your negligent act or failure to act, except to the extent that any such loss, damage, claim, action or expense is caused solely by the negligence or other wrongful act or omission of Sport.Video.

  13. These Terms may be changed, modified, supplemented or updated unilaterally by Sport.Video from time to time without advance notice by posting here and you will be bound by such new version of the Terms, if you continue to use the Platform after the new version of the Terms being posted.

  14. These Terms (including any non-contractual obligations arising from it) are governed by the laws of Austria. Any dispute or claim arising out of or relating to these Terms or claim of breach hereof shall be brought exclusively in the respective district court in Vienna having jurisdiction in the district in which Sport.Video has its registered seat.

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