GCN – Paid Services
Last updated: 6 May 2020
Paid Services are distributed 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 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 14 for further details.
1. Access to the Service
1.2 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.
1.3 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:
(a) if you register an account, or have an existing account (“GCN Account”), and use your GCN Account details to sign into the Service; or
(b) in exchange for a one-time or recurring fee for access to the Paid Service (a “Paid Service Pass”).
1.4 Further details of the Paid Service and Paid Service Passes can be found at the following link: https://www.playsportsnetwork.com/pass-information/.
1.5 If you purchase a Paid Service Pass from us, you can view details about your Paid Service Pass in the My Account area of your GCN Account, including the price. If your Paid Service Pass auto-renews, this information will include the recurring subscription fee, billing renewal date and how to stop your Paid Service Pass from auto-renewing.
2. Your GCN Account
2.1 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.
2.2 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. Your Paid Service Pass
1.1 If you purchase a Paid Service Pass from us, details of the price, currency and auto-renewal will be provided to you before you complete your purchase. Please note that Paid Services are distributed by DEL, and the Content you receive as part of a Paid Service is curated and operated by the Global Cycling Network (“GCN”) and other affiliates of DEL. GCN is a brand owned 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”).
1.2 On the Pass Information page https://www.playsportsnetwork.com/pass-information/ you can find:
(a) details of the current Paid Service Passes on offer in your territory;
(b) further details of the features of each type of Paid Service Pass, including auto-renewal, minimum subscription periods, how to turn off auto-renew and cancellation; and
(c) information on switching from one Paid Service Pass to another Paid Service Pass, including any impact on your billing arrangements.
1.3 Once you complete a purchase, we will send you a confirmation email with details of your new Paid Service Pass. You can also view details about your Paid Service Pass in the My Account area of your GCN Account, including the price. If your Paid Service Pass auto-renews, this information will include the recurring subscription fee, billing renewal date and how to stop your Paid Service Pass from auto-renewing.
1.4 If you have subscribed through a third party, please read Section 11 (Third party platforms and services).
2. Free Period of Access to the Paid Service
2.1 Your Paid Service Pass may start with a free period of access. Free periods of access are available to new subscribers only (one per subscriber) unless other terms apply. The specific duration of the free period of access will be specified at the point of sign-up.
2.2 You will be charged at the end of your free period of access, unless you cancel your Paid Service 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. When subscribing via a third party, for example an app-store or via one of our partners, please also see Section 11 (Third party platforms and services) below.
2.3 If you are a resident of Quebec, your Paid Service Pass will not start with a free period of access which converts into a paid subscription. However, new subscribers resident in Quebec who sign up for a Paid Service Pass may get the initial portion of their first subscription period at no charge or at a reduced charge (subject to the conditions attached to such Paid Service Pass). The specific duration of any such portion will be specified at the point of sign-up. Further details on Paid Service Passes for residents of Quebec can be found on the Pass Information page https://www.playsportsnetwork.com/pass-information/.
3. Promotional Offers
3.1 DEL, companies within the same group as DEL and/or our third party partners, may make available codes or other promotional offers which:
(a) grant access to Content normally only available via a Paid Service Pass without requiring you to pay for such access; or
(b) give a discount on a Paid Service Pass
3.2 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. You may only use and redeem Promotional Offers in accordance with the specific terms and conditions which apply to them.
3.3 Please check the relevant terms and conditions of the Promotional Offer for full details. Unless stated otherwise, Promotional Offers are only available to new subscribers (one per subscriber) and are subject to availability. Where a Promotional Offer is combined with a free period of access, restrictions may apply. 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. DEL is not responsible for the products and services provided by such third parties.
3.4 Eligibility for Promotional Offers is determined by DEL and we reserve the right to limit availability of and/or revoke any Promotional Offer and put your account on hold in the event that you are not eligible.
4. Billing for Paid Service Passes
4.1 If a charge applies to your Paid Service Pass, you will be charged for it using the payment method provided when you first subscribe.
4.2 If your Paid Service Pass automatically renews, subscription payments will be taken automatically on the first day of each new subscription period for your Paid Service Pass at the same price (unless we have notified you of a price change, in accordance with Section 8). 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.
4.3 If you are eligible for a Promotional Offer which enables access to a Paid Service 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.
4.4 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.
4.5 To view your billing information or to change your payment method, go to the My Account area in your GCN Account (unless you’re paying via a third party or through another service, for example via one of our partners, in which case see Section 11 (Third party platforms and services) below).
4.6 If a payment is not successfully settled, because your payment method has expired, you have insufficient funds, or otherwise, and you do not change your payment method or cancel your Paid Service Pass, we may suspend your access to the Paid Service after giving you notice until we (or the relevant third party) has obtained a valid payment method. You will be notified about such failure and you will be given an opportunity to update your payment method. When you update your payment method in the My Account area of your GCN Account, you authorise us to charge the updated payment method for your Paid Service Pass and you remain responsible for any uncollected amounts. This may result in a change to your payment dates or subscription period.
4.7 We reserve the right to change the date we charge you on notice 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.
4.8 We may use other companies (including other companies in the same group as DEL), agents or contractors to process credit card transactions or other payment methods, as well as to manage subscriptions to the Paid Service. If you complete your purchase outside of the App (i.e. if you purchase directly from us via the Service’s dedicated web page) then your payment will be taken by DEL or one of our affiliate companies.
4.9 If you subscribe to a Paid Service Pass which starts with a free period of access, or if you use a Promotional Offer which permits access to a Paid Service Pass for no charge but also requires you to provide your payment details, a payment may be authorised by your bank when your free period of access or Promotional Offer begins. Nonetheless, in these circumstances, no payment will actually be taken by us for this free period of access or for this Promotional Offer period. You should be aware however that this may affect your available balance or credit limit.
5. Automatic renewal of Paid Service Passes
5.1 Certain types of Paid Service Passes automatically renew unless you cancel your subscription before your next renewal date (or at the end of any free period of access). If you purchase a Paid Service Pass through us, we will let you know, at the point of sign-up, if your type of Paid Service Pass will automatically renew.
5.2 If you have a Paid Service Pass which automatically renews, and you do not cancel your subscription before the end of the current subscription period (or free period of access), your Paid Service Pass will automatically renew. If your Paid Service 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. For more information on auto-renewal, including how to turn it off, read the Pass Information page https://www.playsportsnetwork.com/pass-information/ or click on the My Account area of your GCN Account.
5.3 Unless your Paid Service Pass renews on a monthly basis, you will be notified about renewal before the end of the current subscription period.
6. Price changes for a Paid Service
6.1 We may change the price of your Paid Service Pass from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come into effect. If you have purchased a Paid Service Pass through one of our third party partners, price changes will be subject to that third party's terms and conditions.
6.2 If we notify you of a price change and you do not want to continue your Paid Service Pass at the new subscription price, you can cancel your Paid Service Pass either: (i) before the start of the next subscription period by following the steps in Section 9 (Cancellation) below; or (ii) at any time before the price change becomes effective by providing us with notice at the details set out in our Frequently Asked Questions https://www.playsportsnetwork.com/app-faqs/. Your continued use of your Paid Service Pass and/or payment for the new subscription price shall be taken as your consent to a price change.
6.3 We will always try to make sure the price of your Paid Service Pass will not change until the start of your next subscription period. If a price change is going to come into effect during your current subscription period, you can cancel your Paid Service Pass before the price change comes into effect and we will provide you with a refund for amounts you have paid for the Paid Service but not yet received.
7.1 You can cancel your Paid Service Pass before the end of the current subscription period (or free period of access) and, unless we tell you otherwise in the Pass Information tab https://www.playsportsnetwork.com/pass-information/ for your territory (as described in Section 9.2 below), the 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 Paid Service Pass until the end of the current subscription period (or free period of access), unless we tell you otherwise.
7.2 In some territories, certain types of Paid Service Pass have a minimum term that expires before the end of the current subscription period. This may apply to the initial subscription period or any renewal period. This means that you may have the ability to cancel your Paid Service Pass, with that cancellation coming into effect at the end of the minimum term or immediately (if the minimum term has ended). For more information on the minimum term and cancellation rights that apply to your Paid Service Pass, please read the relevant information for your territory at the Pass Information page https://www.playsportsnetwork.com/pass-information/.
7.3 When you purchase a Paid Service Pass from us you agree: (a) we will provide you with access to your Paid Service Pass (and the Content available through that Paid Service Pass) immediately; and (b) where we get your consent when you sign up, you waive any statutory right you may have to: (i) change your mind about your Paid Service Pass; and (ii) receive a refund within any applicable cooling off period.
7.4 To manage your Paid Service Pass, click on the My Account area of your GCN Account.
7.5 If you signed up for a Paid Service Pass through a third party (for example via 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 visit your account with a third party and turn off auto-renew for the Paid Service.
If you are a resident of Norway, you can find more information on your right to change your mind in any applicable cooling off period in the Pass Information at https://www.playsportsnetwork.com/pass-information/.
8. Refunds and credits
8.1 Without affecting your applicable statutory rights, payments are non-refundable and there are no refunds or credits for partially used billing periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers. If we do this for any reason this does not mean we are obligated to do so again, even in the same circumstances.
8.2 If you signed up for a Paid Service Pass through a third party (for example, an app-store or via one of our partners) and encounter any problems with billing or payments, please contact that third party in respect of any refunds or credits relating to your Paid Service Pass in accordance with that third party’s terms. For any other issues relating to your Paid Service Pass, you can contact us using the details using the details set out in our Frequently Asked Questions https://www.playsportsnetwork.com/app-faqs/.
9. Third party platforms and services
9.1 If you access the Paid Service or purchase a Paid Service 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) your payment will be to that third party or to that other product or service and you will be subject to that third party’s terms or to that other product or services’ terms (including any applicable usage rules);
(b) any payment for a Paid Service Pass will be to that third party or to that other product or service;
(c) Important information on:
(i) applicable terms of sale;
(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
9.2 If you are paying for a Paid Service Pass via a third party 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 Paid Service Pass.
10. Supported devices and updates
10.1 Availability of the Service, your GCN Account, the Content and your Paid Service Pass depends on the quality of your internet connection and device capabilities.
10.2 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.
10.3 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.
11. 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.
12. Changes to the Service and the Content
12.1 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.
12.3 We will try to avoid making any materially detrimental change to the Content (as we have described in Section 14.8 below), but, if we do so, we will notify you in accordance with Section 14.8 below.
12.5 We may regularly make changes to any element of the Paid Service, your Paid Service Pass, your GCN Account or the Content. In particular, the availability of Content on the Paid Service may change from time to time (for various reasons, such as where relevant third party rights-holders withdraw or restrict our right to use that Content on the Service). We therefore have the right to add or withdraw such Content at any time, with or without notice. You acknowledge and agree that the Content available as part of a Paid Service Pass (including any free period of access or Promotional Offer) is variable and may change from time to time without notice.
12.6 There may also 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 Paid Service. We may also update or upgrade the Service from time to time. If changes to any element of the Service are likely to materially adversely affect the Paid Service we will try to make sure that any changes will not adversely affect you during your current subscription period so you have the chance to cancel your Paid Service Pass before the next subscription period begins by following the steps in Section 9 (Cancellation) above. If we have to make a materially adverse change to the Service during the term of your Paid Service Pass, we will give you 30 days’ notice and the right to cancel. If you do not cancel your Paid Service Pass after we have notified you about any changes and before these changes take place, and you continue to use the Paid Service, we will take that as your acceptance of the changes.
12.7 We may also have to make changes to the parts of the Paid Service where we have a valid reason to do so, such as:
(a) where we alter the design or layout of the Service;
(b) to improve and expand the features and functionality available as part of the Paid Service; or
(c) to comply with a change in applicable laws, or to address a potential security risk.
12.8 If we have to (i) make a change to the Paid Service that materially disadvantages you; or (ii) a materially detrimental change to the Content, for example (1) we have to remove channels or entire categories of Content, and/or (2) we have to limit certain devices or platforms from being able to access the entire Service, due to technical limitations or due to restrictions in our commercial agreements with partners, at any time during your Paid Service Pass, we will give you at least 30 days’ notice and the right to cancel. If you do not cancel your Paid Service Pass after we have notified you about any such changes and before these changes take place, we will take that as your acceptance of the changes.
(a) We will always try to make sure that any materially detrimental change to the Service that materially disadvantages you will not come into effect during your current subscription period. This means that we will tell you in advance and you will have the chance to cancel your Paid Service Pass before the change comes into effect (when the next subscription period begins) by following the steps in Section 9 (Cancellation).
(b) If such a materially detrimental change is going to come into effect during your current subscription period, you will still be able to cancel your Paid Service Pass before the change comes into effect. In these circumstances, we will provide you with a refund for amounts you have paid for the Paid Service but not yet received.
12.9 This Section 14 does not apply to immaterial changes to any part of the Service which do not impede your use of the Service, including (without limitation) mere design changes or changes to Content.
13. Ownership of Content
13.4 DEL and its licensors reserve all rights not expressly granted in and to their Content.
15. Your use of the Service
15.2 You must use the Service in accordance with all applicable laws, rules and regulations, and any other restrictions on your use of the Service, the Content or your Paid Service Pass.
15.4 You can only watch Content featured in the Paid Service using your Paid Service Pass on a certain number of devices at the same time. You can find details of these restrictions in our Frequently Asked Questions https://www.playsportsnetwork.com/app-faqs/.
15.5 Use outside your home country of residence:
(a) If you are resident in the EEA, you can access the Content featured in the Paid Service usually available through your specific Paid Service Pass when visiting another EEA 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 Paid Service Pass when you are at home. This access is available only if you are temporarily abroad in another EEA country and we are able to verify that your country of residence is in the EEA.
(b) See our Frequently Asked Questions https://www.playsportsnetwork.com/app-faqs/ for more information about access to the Service outside your home country.
15.6 Content limitations may also depend on the subscription plan you choose, and any restrictions imposed by our commercial partners.
15.7 You must not, and must not allow third parties to:
(a) access, view (where applicable) and/or purchase the Content, your Paid Service Pass and/or Service using a virtual proxy network;
(b) use your username and password to access the Service, your Paid Service Pass or the Content without authorisation;
(d) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service, your Paid Service Pass or the Content except as permitted by applicable law;
(e) create derivative works of the Service, your Paid Service Pass or the Content of any kind whatsoever;
(f) circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service, your Paid Service Pass or the Content;
(g) reproduce, perform, display or exhibit the Service, any part of your Paid Service Pass (where applicable) or the Content in any public place; or
(h) 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 Paid Service Pass or the Content.
17. Ending your right to use the Service
17.2 If we decide to discontinue any part of the Paid Service, we will give you at least 30 days’ prior notice (unless we need to discontinue the Paid Service (or any part of it) immediately for legal reasons, including in order to comply with a court order). If we discontinue a Paid Service, we may provide you with a refund for amounts you have paid for the Paid Service but not yet received.
18. Our liability to you
18.2 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.
18.4 We are not responsible for:
(a) 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;
(b) your Content;
(c) any use of the Service or Content which isn’t authorised by us;
(d) 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;
(e) 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:
(i) your equipment, devices, operating system or internet connection (including malware, viruses or bugs originating from third parties or on any of your devices);
(ii) your failure to download any update or the most recent published version of the Service, or to meet the compatibility requirements; or
(iii) the consequences of you changing your equipment, device, operating system or internet connection;
(f) errors, viruses or bugs present in or arising from your use of the Service or Content;
(g) incompatibility of the Service or Content with any other software or hardware (including any of your devices);
(h) 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
(i) 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.
18.5 IN CANADA, THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY DESCRIBED IN SECTIONS 20.6 TO 20.8. 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.
18.6 Apart from liability arising in respect of the circumstances set out in Section 20.1 (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 or the amount you have paid for a Paid Service Pass (if applicable), whichever is the greater.
18.7 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.
18.8 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.
19. Advertising and third party websites
19.1 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.
19.2 The Service may include hyperlinks to other web sites that are not owned or controlled by DEL. DEL has no control over, and assumes no responsibility for, the availability of or content, privacy policies, or practices of any third party websites.
19.3 You acknowledge and agree that DEL 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.
20. 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/.
(b) 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;
(c) to provide you with additional information about the Service;
(d) 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;
(e) where we update the details or structure of your Paid Service Pass, or any of the other products we offer on the Service;
(f) we intend to change the way we structure our Service or we recognise the way we structure or run our business; or
(g) for security reasons including where we introduce additional security checks or software to protect our Content or the Service.
(b) If a materially adverse change is going to come into effect during your current subscription period, you will still be able to cancel your Paid Service Pass (if applicable) before the change comes into effect. In these circumstances, we will provide you with a refund for amounts you have paid for a Paid Service but not yet received.
22. Service Messages
22.1 If you have registered a GCN Account, we will send you information relating to your use of the Service, your GCN Account and/or Paid Service Pass you have purchased (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.
22.2 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.
23. 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.
26. 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.
28. Mandatory arbitration
28.1 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.
28.4 You further agree that:
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) 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;
(f) 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;
(g) 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;
(h) 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;
(i) 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
(j) 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.
29. Digital Millennium Copyright Act ("DMCA") notice
29.1 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.
29.2 Please provide the following notice:
(a) Identify the copyrighted work or other intellectual property that you claim has been infringed;
(b) Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the Service;
(c) 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;
(d) 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;
(e) Your address, telephone number, and email address; and
(f) Your physical or electronic signature.
29.3 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:
(a) Your physical or electronic signature;
(b) 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;
(c) 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
(d) 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.
30. Contacting us
30.1 You can contact us at email@example.com or using the details in our Frequently Asked Questions https://www.playsportsnetwork.com/app-faqs/.