Last updated: 6 May 2020
The Service is operated and provided to you by Play Sports Network Limited, registered in England with company number 08265494 whose registered office is at 30 Monmouth Street, Bath, England, BA1 2AP, United Kingdom (“PSNL”, "we", "us, "our").
The Content on the Service will change regularly – that means exciting events, articles, programmes etc. may become available whilst other, events, articles, programmes etc. will stop being available. See Section 5 for further details.
- Access to the Service
- You must be aged 18 years (or the age of majority in your territory of residence if more than 18 years old) or more to access, use or install the Service.
- You may be able to access and view some Content for free and without registering an account, but some Content and certain features may only be available to you:
- if you register an account, or have an existing account (“GCN Account”), and use your GCN Account details to sign into the Service; or
- in exchange for a one-time or recurring fee for access to the Paid Service (a “Paid Service Pass”).
- Your GCN Account
- When creating your GCN Account, you must provide accurate and complete information. You may be able to use an account you already hold with a third party platform or other partner to create a GCN Account, such as your login with a social media service.
- You are responsible for your GCN 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 GCN Account). We recommend that you do not reveal your 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.
- Supported devices and updates
- Availability of the Service, your GCN Account and the Content depends on the quality of your internet connection and device capabilities.
- Some features may not be available on all devices. Please visit the Frequently Asked Questions https://www.playsportsnetwork.com/app-faqs/ to see the full list of supported devices and operating system requirements and any other device restrictions that may apply.
- To get the best experience, we recommend that you accept any updates to the Service as and when they become available. This may also require you to update your device operating system.
- Your data usage
- Access to the Service
You are responsible for all internet access, mobile data or other charges incurred when using the Service. Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data.
- Changes to the Service and the Content
- As we mentioned above when describing the Service, the Content will change regularly – that means exciting events, programmes etc. may become available whilst other events, programmes etc. will stop being available.
- We may make changes to or discontinue elements of the Service at any time without prior notice to you. For example, there may be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the free parts of the Service. We may also update or upgrade aspects of the Service from time to time.
- Ownership of Content
- With the exception of Content submitted to the Service by you (for which see Sections 7 and 8 below), all other Content on the Service is either owned by or licensed to PSNL and/or its group companies, and is subject to copyright, trade mark rights, and other intellectual property rights of PSNL and/or its group companies, or their licensors.
- PSNL and its licensors reserve all rights not expressly granted in and to their Content.
- If you have a GCN Account, you may contribute Content to the Service.
- You understand that when you submit Content, PSNL does not guarantee:
- any confidentiality with respect to that Content; or
- that PSNL will use any of your Content, and nothing creates an obligation on PSNL to do so.
- You are solely responsible for your own Content and the consequences of posting or publishing it. PSNL does not endorse your Content or any of your opinions, recommendations, or advice expressed and disclaims any and all liability in connection with your (or any third party's) Content.
- You acknowledge that you will not receive financial compensation of any type from PSNL or its group companies for your Content. For the avoidance of doubt, no mechanical or other royalties shall be payable to you by PSNL or its group companies.
- You agree that:
- your use of the Service and your Content will comply with the Community Guidelines, found at https://www.playsportsnetwork.com/app-community-guidelines/, as updated from time to time;
- you will not post or upload any Content containing material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for PSNL to use or possess in connection with the provision of the Service;
- 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 post the material in question and to grant PSNL and its group companies the licence referred to in Section 8 below.
- You understand and acknowledge that, in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you.
- Rights you licence
- When you upload or post Content to PSNL, you grant:
- to PSNL and its group companies, a perpetual and irrevocable worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, modify, prepare derivative works of, display, publish and perform and sub-license all aspects of that Content (including soundtracks or music) in connection with the provision of the Service and PSNL's and its group companies' business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels; and
- You agree that PSNL may assign, transfer or sub-license (as applicable) its rights, obligations and liabilities in your Content in connection with the exploitation and/or distribution of your Content (or any sound featured in any content submitted) through all media (including digital, electronic, print, television, film, radio and other media now known or to be invented).
- You confirm and agree that PSNL, its group companies, and their direct or indirect licensees and assignees may publish, republish or otherwise transmit your Content (and any sound featured in any content submitted) and your name and likeness, in any medium for all purposes throughout the world.
- You agree that your Content may be altered or modified in any manner, and you waive any right to inspect and approve a finished product or the copy that may be used in connection with an image that PSNL has taken of you, or the use to which it may be applied.
- When you upload or post Content to PSNL, you grant:
- Your use of the Service
- You must use the Service in accordance with all applicable laws, rules and regulations, and any other restrictions on your use of the Service or the Content.
- See our Frequently Asked Questions https://www.playsportsnetwork.com/app-faqs/ for more information about access to the Service outside your home country.
- Content limitations may also depend on any restrictions imposed by our commercial partners.
- You must not, and must not allow third parties to:
- access, view (where applicable) and/or purchase the Content and/or Service using a virtual proxy network;
- use your username and password to access the Service or the Content without authorisation;
- attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service or the Content except as permitted by applicable law;
- create derivative works of the Service or the Content of any kind whatsoever;
- circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service or the Content;
- reproduce, perform, display or exhibit the Service, any part of the Content in any public place; or
- 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 or the Content.
- Changes to the Service and the Content
- Ending your right to use the Service
- Our liability to you
- We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation, wilful misconduct or gross negligence by us or our employees or agents.
- We are not responsible for:
- any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
- your Content;
- any use of the Service or Content which isn’t authorised by us;
- any malfunction or interruption to the Service or Content due to unforeseeable circumstances that prevent us from fulfilling our obligations to you and that can be considered as a “force majeure event” pursuant to local law (where applicable). This could be due to things such as lightning, flood, severe weather, fire, explosion, terrorist activities, epidemic, pandemic, riots, war, anything done by a government or other public authority, or strikes or other industrial action, where such events are unforeseeable and outside of our control;
- any lack of functionality or failure to provide any part of the Service or the Content, or any loss of content or data that is due to:
- your equipment, devices, operating system or internet connection (including malware, viruses or bugs originating from third parties or on any of your devices);
- your failure to download any update or the most recent published version of the Service, or to meet the compatibility requirements; or
- the consequences of you changing your equipment, device, operating system or internet connection;
- errors, viruses or bugs present in or arising from your use of the Service or Content;
- incompatibility of the Service or Content with any other software or hardware (including any of your devices);
- the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service; and
- any act or default of any third party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.
- IN CANADA, THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY DESCRIBED IN SECTIONS 12.6 TO 12.8. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Apart from liability arising in respect of the circumstances set out in Section 12.2 (which is unlimited), to the fullest extent permitted under local law, in no event shall our total liability to you for all damages arising from your use of the Service or the Content exceed £50.00.
- We can't guarantee that the Service or the Content will be free from bugs or errors or that your access will be free from interruptions (for example there may be downtime for maintenance or updates or any power or server outages or other reasons outside our control), however where we are made aware of technical issues then we will always try to fix them.
- Please note that we are not responsible for any lack of functionality or failure to provide any part of the Service or the Content, or any loss of content or data that is due to: your equipment, devices, operating system or internet connection, your failure to download the most recent published version of the Service or meet the compatibility requirements or the consequences of you changing your equipment, device, operating system or internet connection.
- Advertising and third party websites
- The Service and Content may contain advertisements. To the extent provided by law, 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.
- The Service may include hyperlinks to other web sites that are not owned or controlled by PSNL. PSNL has no control over, and assumes no responsibility for, the availability of or content, privacy policies, or practices of any third party websites.
- You acknowledge and agree that PSNL is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- Reporting Content
- Ending your right to use the Service
If you see any Content on the Service you want to flag or report to us because for example you believe it infringes another person's intellectual property rights or it breaches our Community Guidelines, please follow the instructions in our Frequently Asked Questions https://www.playsportsnetwork.com/app-faqs/.
- to comply with applicable legal or regulatory requirements, such as mandatory laws that apply to us and our agreement with you, or where we are subject to a court order or judgment;
- to provide you with additional information about the Service;
- where we need to make changes to the Service in order to improve it, including where we expand the scope of the Service by adding additional features, functionality or content;
- where we update the products we offer on the Service;
- we intend to change the way we structure our Service or we recognise the way we structure or run our business; or
- for security reasons including where we introduce additional security checks or software to protect our Content or the Service.
- Service Messages
- If you have registered a GCN Account, we will send you information relating to your use of the Service or your GCN Account (e.g. changes in password, payment authorizations, invoices or payment methods, confirmation messages, content and feature updates and other service or transactional messages) by in-Service message or email to the email address provided during sign up.
- If you signed up via a third party, for example via one of our partners or using your account details with a platform, then we may obtain your email from that third party or platform so that we can keep you up to date with service-related messages.
- Transfer of rights
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.
- Governing law
- Governing law
Territory of Residence
The laws of the province of Quebec
Rest of World
England and Wales
If you have any complaint please speak to us first, by contacting us using the details below.
In addition, prior to the UK leaving the European Union (“Brexit”) and subject to any pre-Brexit transitional period, please note that if you live in a European Union member state, or in Norway, Iceland or Lichtenstein, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution ("ODR") platform available at https://ec.europa.eu/consumers/odr. We do not currently use alternative dispute resolution ("ADR"), including through the ODR platform, as a means of settling consumer complaints.
- Mandatory arbitration
- PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND PSNL HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and PSNL agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
- You further agree that:
- Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
- Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and PSNL; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
- Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
- No Class Relief. The Arbitration can resolve only your and/or PSNL's individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
- Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
- Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, PSNL will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
- Reasonable Attorney's Fees. In the event you recover an Award greater than PSNL's last written settlement offer, the Arbitrator shall also have the right to include in the Award PSNL's reimbursement of your reasonable and actual out-of-pocket attorneys' fees associated with the Arbitration, but PSNL shall in all events bear its own attorneys' fees;
- Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor PSNL shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
- Modification of Arbitration Clause With Notice. PSNL may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after PSNL has given notice of such modifications and only on a prospective basis for claims arising from PSNL Transactions and Relationships occurring after the effective date of such notification; and
- Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against PSNL in your local small claims court within the U.S., if your claim is within such court's jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
- Digital Millennium Copyright Act ("DMCA") notice
- In operating the Service, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party web services. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Service. PSNL has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Service. PSNL has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of PSNL or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is DMCA_notices@discovery.com.
- Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the Service;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
- We may give notice to our users of any infringement notice by means of a general notice on any of our services, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
- Contacting us
- Mandatory arbitration