USA Terms of Use (GCN)

GCN

Terms of Use

Last updated: 6 May 2020

Welcome to the GCN App (the "Service"). The Service includes the GCN App itself (the "App"), and all features and functionalities, recommendations, reviews and user interfaces on the App. Your use of the Service and the Content is subject to these Terms of Use. "Content" in these Terms of Use includes the text, software, scripts, graphics, photos, sounds, music, videos, live streams, audio-visual combinations, interactive features and other materials you may view on, access through or contribute to the Service.

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").

Please read these terms and the Community Guidelines (available at https://www.playsportsnetwork.com/app-community-guidelines/) (together, the "Terms of Use") before accessing, installing or using the Service. They set out the agreement for your access to and use of the Service. By accessing, installing or using the Service you agree to these Terms of Use. If you don't agree to them, please don't use the Service.

Any personal information you supply to us or that we collect from you when using the Service or your GCN Account (defined below) will be used by us in the ways set out in our Privacy Policy https://www.playsportsnetwork.com/app-privacy-policy/. Please also ensure you read our Cookies Policy https://www.playsportsnetwork.com/cookie-policy/.

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.

1. Access to the Service
  1. By accessing, using or installing the Service, you will be able to access and view the Service and Content on the terms and conditions set out in these Terms of Use.
  2. 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.
  3. 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:
    1. if you register an account, or have an existing account (“GCN Account”), and use your GCN Account details to sign into the Service; or
    2. in exchange for a one-time or recurring fee for access to the Paid Service (a “Paid Service Pass”).
  4. Further details of Paid Services and Paid Service Passes can be found at the following link: https://www.playsportsnetwork.com/pass-information/. Paid Services and Paid Passes are subject to additional terms of use available at https://www.playsportsnetwork.com/paid-app-terms-of-use/.
2. Your GCN Account
  1. 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.
  2. 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.
3. Supported devices and updates
  1. Availability of the Service, your GCN Account and the Content depends on the quality of your internet connection and device capabilities.
  2. 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.
  3. 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.
  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.
4. Your data usage

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.

1. Changes to the Service and the Content
  1. 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.
  2. We provide the Service on an ongoing basis and we cannot foresee what may change in the future. This means we may make changes to Content other than those set out in these Terms of Use.
  3. 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.
2. Ownership of Content
  1. 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.
  2. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Save as outlined in Sections 7 and 8 below, 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.
  3. 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. Any copying, access, transfer, public performance or communication to the public or other use of the Service or the Content other than as expressly authorised by applicable law or these Terms of Use shall constitute an infringement of applicable intellectual property rights and a breach of these Terms of Use. In the event of such infringement, we, or one of our affiliated companies, may, without notice or prior intervention of a court or arbitral body, block your access to the Service and terminate any GCN Account you may have and pursue any rights or remedies available to us.
  4. PSNL and its licensors reserve all rights not expressly granted in and to their Content.
3. Content
  1. If you have a GCN Account, you may contribute Content to the Service.
  2. You understand that when you submit Content, PSNL does not guarantee:
    1. any confidentiality with respect to that Content; or
    2. that PSNL will use any of your Content, and nothing creates an obligation on PSNL to do so.
  3. You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to PSNL and its group companies and other users of the Service, as set out in Section 8 of these Terms of Use.
  4. 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.
  5. You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable PSNL to use your Content for the purposes of the provision of the Service by PSNL and its group companies, and otherwise to use your Content in the manner contemplated by the Service and these Terms of Use.
  6. You shall indemnify and hold PSNL and its group companies harmless from any and all liability, including legal fees, arising out of or in connection with your Content and/or the exercise by PSNL of the rights licensed under these Terms of Use and/or if Section 7.5 above or Section 7.8 below is not true.
  7. 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.
  8. You agree that:
    1. 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;
    2. 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;
    3. you will not post or upload any Content that is defamatory, offensive, otherwise objectionable, infringes the rights of anyone else or is in breach of these Terms of Use; and
    4. 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.
  9. PSNL reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms of Use and may remove, modify or delete such Content, terminate or suspend your access for uploading Content and/or terminate or suspend your GCN Account without prior notice and at its sole discretion, on becoming aware of any potential violation of these Terms of Use.
  10. 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.
4. Rights you licence
  1. When you upload or post Content to PSNL, you grant:
    1. 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
    2. to each user of the Service and the services of PSNL's group companies, a perpetual and irrevocable worldwide, non-exclusive, royalty-free licence to access your Content through the Service or (if applicable) the services of PSNL's group companies, and to redistribute such Content on the Service or (if applicable) the services of PSNL's group companies to the extent permitted by the functionality of the Service and (if applicable) the services of PSNL's group companies and under these Terms of Use.
  2. 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).
  3. 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.
  4. 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.
5. Your use of the Service
  1. You confirm that: (a) any information and details provided by you to us, including on registration of a GCN Account, are true, accurate and up to date in all respects and at all times; (b) you will at all times comply with these Terms of Use; and (c) you will not use the Service for any unlawful purpose or in a way which infringes the rights of anyone else.
  2. 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.
  3. You are permitted to use and view the Service and Content in accordance with these Terms of Use for your personal and non-commercial use only. The Service is licensed to you (not sold) 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 such Content. Except for the limited licence granted to you in these Terms of Use, no right, title or interest in the Service or Content shall be transferred to you. You must not reproduce, perform, display or exhibit the Service or Content in any public place.
  4. See our Frequently Asked Questions https://www.playsportsnetwork.com/app-faqs/ for more information about access to the Service outside your home country.
  5. Content limitations may also depend on any restrictions imposed by our commercial partners.
  6. You must not, and must not allow third parties to:
    1. access, view (where applicable) and/or purchase the Content and/or Service using a virtual proxy network;
    2. use your username and password to access the Service or the Content without authorisation;
    3. reproduce, download, transmit, broadcast, display, perform, publish, license, offer for sale, make copies and/or distribute all or part of the Service or the Content (other than your Content) unless permitted by these Terms of Use or unless we make available the means for such distribution through functionality offered by the Service;
    4. 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;
    5. create derivative works of the Service or the Content of any kind whatsoever;
    6. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service or the Content;
    7. reproduce, perform, display or exhibit the Service, any part of the Content in any public place; or
    8. 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.
6. Privacy

Any personal information you supply to us or that we collect from you when using the Service or your GCN Account will be used by us in the ways set out in our Privacy Policy https://www.playsportsnetwork.com/app-privacy-policy/. Please also ensure you read our Cookies Policy https://www.playsportsnetwork.com/cookie-policy/.

1. Ending your right to use the Service
  1. We may immediately end or suspend your right to use all or any part of the Service, or (if applicable) your GCN Account if we have a reasonable belief that you have breached these Terms of Use or if you are using the Service, the Content or your GCN Account in any manner other than for its intended purpose, in breach of these Terms of Use, fraudulently or illegally. If what you have done can be put right, we may give you a reasonable opportunity to do so.
  2. If we end or suspend your rights to use the Service or your GCN Account, you must stop all activities authorised by these Terms of Use, including your use of the Service and your GCN Account.
2. Our liability to you
  1. You have certain statutory rights under the applicable laws of your territory. Nothing in these Terms of Use is intended to affect these statutory rights and we do not exclude our liability where we are not permitted to do so under the laws of your territory. For more information about your statutory rights contact your local consumer organisation.
  2. 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.
  3. If we breach these Terms of Use, we will only be liable for losses which are a reasonably foreseeable consequence of that breach. Losses are reasonably foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms of Use.
  4. We are not responsible for:
    1. 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;
    2. your Content;
    3. any use of the Service or Content which isn’t authorised by us;
    4. 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;
    5. 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:
      1. your equipment, devices, operating system or internet connection (including malware, viruses or bugs originating from third parties or on any of your devices);
      2. your failure to download any update or the most recent published version of the Service, or to meet the compatibility requirements; or
      3. the consequences of you changing your equipment, device, operating system or internet connection;
    6. errors, viruses or bugs present in or arising from your use of the Service or Content;
    7. incompatibility of the Service or Content with any other software or hardware (including any of your devices);
    8. 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
    9. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
3. Advertising and third party websites
  1. 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.
  2. 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.
  3. 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.
  4. 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.
4. Reporting Content

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/.

1. Changes to these Terms of Use
  1. We may, from time to time, change these Terms of Use. The circumstances in which we may change these Terms of Use may include (without limitation):
    1. to improve the Terms of Use, to make our Terms of Use clearer or easier to understand or to have all our customers on the same Terms of Use;
    2. 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;
    3. to provide you with additional information about the Service;
    4. 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;
    5. where we update the products we offer on the Service;
    6. we intend to change the way we structure our Service or we recognise the way we structure or run our business; or
    7. for security reasons including where we introduce additional security checks or software to protect our Content or the Service.

In addition, we provide the Service on an ongoing basis and we cannot foresee what may change in the future. This means we may make changes or additions to these Terms of Use for reasons other than those set out above.

1. 1. We will aim to notify you before making any material changes to these Terms of Use, 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.
  2. If any change to these Terms of Use will materially disadvantage you, or materially impact the availability of a Service, we will provide you with 30 days’ notice before the changes become effective.
  3. The most up to date Terms of Use will always be available on the Service from the effective date of those updated Terms of Use.
2. Service Messages
  1. 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.
  2. 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.
3. Transfer of rights
  1. Except as set out below, 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, sub-contract and sub-license (as applicable) our rights and obligations under these Terms of Use to any company, firm or person provided that your GCN Account will not be adversely affected as a result of such transfer. You may not transfer your rights or obligations under these Terms of Use to anyone else.
  2. You acknowledge and agree that each member of the group of companies of which PSNL is a part shall be third party beneficiaries to the Terms of Use and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms of Use which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms of Use.
4. Severance

If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.

1. 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.

1. Governing law
  1. These Terms of Use shall be governed by and construed in accordance with the laws of the territory identified in the table below. However, these Terms of Use will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

Territory of Residence	Governing Law
Spain	Spanish Law
Quebec, Canada	The laws of the province of Quebec
Brazil	Brazilian Law
Finland	Finnish Law
Poland	Polish Law
Rest of World	England and Wales

1. 1. If you live in England, Wales or India, you will only be able to bring a claim related to or arising from these Terms of Use in the courts of England and Wales. If you do not live in England, Wales or India, you will be able to bring a claim in the courts of your territory of residence.
2. Complaints

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.

1. Mandatory arbitration
  1. 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.
  2. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Service, (ii) any purchases or other transactions or relationships with PSNL, or (iii) any data or information you may provide to PSNL or that PSNL may gather in connection with such use, interaction or transaction (collectively, "PSNL Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Service, or engaging in any other PSNL Transactions or Relationships with us, you agree to binding arbitration as provided below.
  3. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Service, you agree that any complaint, dispute, or disagreement you may have against PSNL, and any claim that PSNL may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy, or any PSNL Transactions or Relationships shall be resolved exclusively by final and binding arbitration ("Arbitration") administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the "Applicable Rules"). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the "AAA") instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the "Applicable Rules" in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, PSNL agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
  4. You further agree that:
    1. 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;
    2. 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;
    3. 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;
    4. 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;
    5. 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;
    6. 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;
    7. 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;
    8. 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;
    9. 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
    10. 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.
2. Digital Millennium Copyright Act ("DMCA") notice
  1. 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.
  2. Please provide the following notice:
    1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
    2. Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the Service;
    3. 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;
    4. 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;
    5. Your address, telephone number, and email address; and
    6. Your physical or electronic signature.
  3. 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:
    1. Your physical or electronic signature;
    2. 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;
    3. 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
    4. 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.
3. Contacting us
  1. You can contact us at support@globalcyclingnetwork.com or using the details in our Frequently Asked Questions https://www.playsportsnetwork.com/app-faqs/.