IMPORTANT! READ CAREFULLY
THE SUBSCRIPTION TO FCSD.tv Live (THE “SERVICE”) IS AN ONLINE INTERACTIVE SERVICE OPERATED BY STREAMAMG, LOCATED AT https://live.shakhtar.com/ (THE “SITE”). THIS DOCUMENT RELATES TO FCSD.tv Live AS “WE,” “US” AND / OR “OUR”. THIS SUBSCRIBER AGREEMENT (“AGREEMENT” OR “SUBSCRIBER” AGREEMENT), TOGETHER WITH ALL THE DOCUMENTS THAT ARE LISTED HERE, REGULATE THE USE OF THE SERVICE AND YOUR ACCESS. THIS SUBSCRIBER AGREEMENT IS ‘A LEGAL AGREEMENT BETWEEN YOU AND US. CLICKING ON THE BUTTON “PAY” OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS IN THIS SUBSCRIBER AGREEMENT AND IN ALL THE DOCUMENTS THAT ARE LISTED HERE, INCLUDING, WITHOUT LIMITATION, ANY CONDITIONS OF USE OF THE SITE. IF YOU DO NOT AGREE TO THE SUBSCRIBER AGREEMENT, DO NOT CLICK THE BUTTON “PAY” BELOW, AND THE SERVICE WILL BE PRECLUDED.
StreamAMG has the right to change, modify and/or update to the terms of this Agreement from time to time and for any reason, by modifying directly this document, which can be accessed at any time by visiting https://live.shakhtar.com/. The user acknowledges and agrees that it is his responsibility to recheck the changes of this agreement from time to time, and that the changes to this Agreement are effective when published. Continuing to use the Service after such changes of the Subscriber Agreement, the user agrees to be bound to the Subscriber Agreement as it has been modified.
As a subscriber to the service, the user will periodically receive e-mails regarding the subscription contract. Additionally, the User may receive periodically by e-mail information regarding discounts, updates and new offers regarding service and other products and services of FC Shakhtar Donetsk and its partners.
3.1 Cost of subscription: the user can find the current subscription fees and other charges for the service (the “Fees”) published on the pages of the website where the service is located. All tariffs will be at all times calculated and invoiced in the currency indicated in the purchase page, although StreamAMG reserves the right, in its sole discretion, to accept only subscriptions in euro. The fees are inclusive of VAT and other indirect taxes. The User agrees to pay all fees (including, without limitation, any applicable taxes relating to forward foreign currency exchange fees) incurred to access to the Service and / or Password (defined below), the rates in effect when the charges were incurred. StreamAMG can change the fees, or add new taxes, upon notice to you via e-mail or by posting the changes on the Site pages in which the service is located. The User acknowledges and agrees that it is his responsibility to recheck the revision of the tax program from time to time for the changes, and the User further agrees that the changes will be effective when published in the web pages where he will find the service. Except for what expressly provided herein, StreamAMG is the seller of service subscriptions for purposes of VAT and other indirect taxes connected to the Service, and, without limiting the generality of the foregoing, the User agree to pay us any fees (excluding VAT or other indirect taxes) imposed on the sale of season tickets or other products or services through the Service.
3.2 Payment: the User authorizes us to charge the taxes automatically (including any renewal fees) on the basis of each subscription purchased by credit card, debit card, PayPal account or any other mode that is indicated during the registration process for the Service, or subsequently designated by us ( “payment Method recorded”).
If you purchase a monthly subscription, the same has a duration of 30 days from date of purchase (excluding any free trial period), and the method of payment registered will be billed automatically each month to its natural end. The monthly subscription will renew automatically 30 days after the signing date, for example if the user purchase a pass on 1st July 2016, the pass will renew on 1st August 2016 in the case of subscription (or renewal of the previous agreement). The annual subscription will renew automatically a year after the signing date, for example if the user purchase a pass on 1st July 2016, the pass will renew on 1st July 2017 in the case of subscription (or renewal of the previous agreement)
Each subscription renews automatically, if the user does not cancel it through the user’s profile.
If you decide to switch from one to another subscription, you will be able to enter the platform for the period already paid and the cost of the new chosen subscription will be charged on the first expiration date. (For example, if the user subscribes for a weekly pass on September 10th. The pass expires on September 17th. If the user decides to change his subscription from weekly to monthly, the monthly cost will be charged on September 17th, the starting date for the calculation of the 30 days new subscription). The user can change his subscription using MY ACCOUNT at any time.
If you buy a subscription that includes a period of initial free trial, you authorize us to charge the taxes automatically (including any renewal fees) based on each subscription purchased through the payment method registered at the end of the free trial period unless the user decides to cancel the subscription before the end of that period.
You agree to provide us with a valid payment method and accurate, complete and updated personal information in the registration form. Registering a payment method as a form of payment, you declare valid and authorize the use of such payment method, and that all the information that you record is true and accurate (including, without limitation, the account number or credit card number, and expiration date). In this way, you authorize us to charge through the registered payment method, where necessary, on the basis of the selected subscription plan, including, but not limited to, all the rights and all applicable taxes they are not included in the charge and we are supposed to receive. Failure to comply this result may implicate the immediate suspension or termination of user’s access to the Service, as determined by STREAMAMG. If you want to designate a different payment method or if there is any change in the validity of the credit card or in the account or in the expiration date, you can change the account information in My Account.
Under this contract, StreamUK Media Service Ltd, a subsidiary StreamUK, Ltd., on behalf of StreamUK, Ltd., will provide the Service for payment processing services.
3.3 Payments not completed if we are not able to process the payment method registered at any time, we reserve the right to suspend and / or terminate your account and the user retains full responsibility for all debts towards us. Depending on the registered payment method, (i) the agreement between the user and the issuer of the credit / debit card regulate the use of debit / credit card (as applicable); (Ii) the PayPal User Agreement governs your use of the PayPal service. You should refer to these agreements and conditions with regard to the rights, obligations and liabilities as the user owner of the credit / debit card, PayPal account holder, buyer or by bank transfer in Real Time (as appropriate ). We reserve the right to continue to collect payment (and to continue trying to collect the payment) if not received due to technical or other specific problems.
3.4 Subscription Passes:
(I) FCSD.tv Live monthly pass (that renews automatically every month) and ii) FCSD.tv Live annual pass (that renews every year) any other package that will be made available during the season will give access for the period of time provided for a single subscription:
With FCSD.tv you will be able to watch:
3.5 Country available and restrictions:
Platform not available in Ukraine.
You may choose to unsubscribe at any time from his profile. His request to cancel his subscription will take effect at the end of the billing period in which you received the request.
ALL SALES ARE FINAL. WE DO NOT GIVE COMPLETE OR PARTIAL REFUNDS FOR THE PASSES PURCHASED WHATEVER IS THE REASON FOR SKING THE REFUND.
As mentioned in section 3, each subscription renews automatically and the amount will be charged on the pass expiration date. The cancellation of the pass or of its automatic renewal, MUST be made before 23:59 on the day before the subscription expire. NO refunds will be granted to users who have not cancelled the automatic renewal as specified above.
The user is also responsible for any fees or charges incurred to access the Service via an Internet access provider or other third-party services. BETWEEN THE USER AND STREAMAMG, IT IS THE USER, AND NOT STREAMAMG, THE ONLY RESPONSIBLE FOR PAYMENT OF ANY AMOUNTS BILLED TO THE METHOD OF PAYMENT REGISTERED FROM THIRD PARTIES, WHETHER OR NOT AUTHORIZED BY THE USER.
The service can be used and is accessible only in permitted areas on a worldwide basis without any geographic restrictions, with the limitations set out in this contract and / or indicated on the website. IF THE USER AVOID OR ATTEMPT TO AVOID THE BLOCKING FOR BLACKOUT RESTRICTION OR OTHER USE, WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE THE SUBSCRIPTION AND TO CHARGE A FEE OF EARLY CLOSURE OF ONE HUNDRED POUNDS OR OTHER AMOUNT AT THAT TIME IN FORCE ) ON THE METHOD OF PAYMENT REGISTERED. THE USER CAN BE SUBJECT TO LEGAL ACTION BY US OR BY THIRD PARTIES.
DESPITE WHAT SPECIFIED ABOVE, IF IT IS PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF FCSD, OF ITS AFFILIATES, OF ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND / OR SUPPLIERS, FOR ANY REASON AND WITH REFERENCE TO ANY LEGAL ACTION, IN ANY WAY RELATED TO THE SERVICE OR TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY PAID BY THE USER AND THE AMOUNT MUST NOT EXCEED THE AMOUNT WE ACTUALLY RECEIVED FOR THE USE OF THE SERVICE DURING THE MONTH IN WHICH THE FACT THAT GENERATED SUCH CLAIM IS VERIFIED. IF THAT IS PERMITTED BY APPLICABLE LAW, THE LIMITATION OF LIABILITY APPLIES TO ALL DEBTS IN THEIR ENTIRETY, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE USER’S USE OR THE USER’S INABILITY TO USE THE SERVICE OR ANY OTHER MATTER ARISING FROM OR RELATING TO THIS AGREEMENT.
IF IT IS PERMITTED BY APPLICABLE LAW, SERIEB, ITS AFFILIATES AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND / OR SUPPLIERS OF THE ABOVE WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL , SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND AND FOR ANY REASON WHATSOEVER ARISING IN CONNECTION WITH THIS AGREEMENT AND / OR THE SERVICE, REGARDLESS THE REASONS ON WHICH IS BASED THE RESPONSIBILITY REQUEST, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION CONTAINED IN THIS AGREEMENT.
WITHOUT LIMITING THE GENERALITY OF THE REGULATIONS ABOVE, IF THAT IS PERMITTED BY THE APPLICABLE LAW, FCSD, ITS AFFILIATES AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND / OR SUPPLIERS OF FCSD HAVE NO LIABILITY’ FOR DAMAGES OR INJURY CAUSED ENTIRELY OR PARTIALLY BY ONTINGENCIES OR PROBLEMS INDEPENDENT FROM THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO: ACTS OF THIRD PARTIES, OR ERRORS IN THE CONTENT OR IN THE SERVICE, NETWORK FAILURES, INTERNET FAILURES, SOFTWARE OR HARDWARE ERRORS, VIRUSES AND OTHER SYSTEM ATTACKS, SUSPENSION OF WORKING SHIFTS, RIOTS, GOVERNMENT ACTS, NATURAL DISASTERS, ACTS OF TERRORISM, MALFUCTION ON THE COMMUNICATION LINE OR THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS OR ALTERATION OF THE USE OF RECORDS.
THE ABOVE LIMITATION SHALL APPLY INDIPENDENTLY OF (I) LIABILITY OR DAMAGES THAT YOU EXPERIENCE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF LEGAL ACTION, AND / OR (II) THE PARTY THAT CLAIMS RESPONSIBILITY’ OR DAMAGE WAS PREADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THAT IS PERMITTED BY THE APPLICABLE LAW, YOU AGREE THAT IF THERE ARE NO CONTRARY STATUTE OR LAW, ANY CLAIM OR ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WITH THE SERVICE, OR ANY PART OF THEM, HAS TO BE SUBMITTED WITHIN ONE (1) YEAR FROM THE CLAIM OR FROM THE DATE OF THE ACTION, OTHERWISE WILL BE CONSIDERED INVALID.
The content available through the Service is property of STREAMAMG and FCSD and / or any third party (including, but not limited to, its affiliates), and is protected by copyright and other intellectual property laws in United-Kingdom and in other jurisdictions. This content may only be used or displayed to the user for his unique personal and non-commercial use, provided that: (i) all copyright and other proprietary rights are kept intact; (Ii) the content must not be used in order to achieve commercial purposes, or other purposes that could damage the good will associated with FCSD or compete with FCSD or its affiliates; (Iii) the content may not be used in association with any of our services, brands or products (unless otherwise authorized in writing by FCSD); and (iv) the content cannot be changed. Furthermore, you agree to use the Service in accordance with all applicable laws. You agree not to copy, make connections through deep linking, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Service to anyone, including but not limited to others in the same company or organization, without the express prior written authorization of the FCSD.
You must not try to circumvent technological measures to control access to the service, or the related rights, either in collaboration with or through the use of any device, software program, service or other.
In addition, without limiting the generality of the foregoing, you acknowledge and agree that:
BECAUSE OF THE NUMBER OF CONTENT SOURCES AND THE INHERENT RISKS IN THE ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT AND SERVICE. THE SERVICE AND THE INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED BY STREAMAMG, AND ITS AFFILIATES AND / OR LICENSORS “AS THEY ARE” AND “IF AVAILABLE”. NONE OF STREAMAMG, ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY “INDEMNIFIED”) WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE OR THE CONTENT AVAILABLE THROUGH THE SERVICE. IF THIS IS ‘PERMITTED BY THE APPLICABLE LAW, IN ANY CASE THE INDEMNIFIED SHALL BE CONSIDERED RESPONSIBLE FOR YOU OR ANYONE ELSE FOR ANY DECISION TAKEN OR ACTION TAKEN BY YOU TRUSTING SERVICE OR CONTENT AVAILABLE THROUGH THE SERVICE.
The service includes facts, views, opinions, opinions and recommendations of third party individuals and organizations deemed of interest. None of StreamAMG, FCSD or any entity affiliated with FCSD warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or opinions.
To the maximum extent permitted by applicable law, you agree to defend (at the discretion of STREAMAMG), indemnify and hold harmless each beneficiary from and against all claims (including, but not limited to, actions for copyright violation, defamation, privacy invasion and advertisement rights violation, both if wrong or according to the contract or otherwise), damages and expenses (including, without limitation, legal fees, court costs, judgments and settlement costs), that the Beneficiary may support or become subject to, because of or arising from the use of the Service or through the use of his password (s).
FCSD, live.shakhtar.com, and each of their logos are trademarks of FCSD and / or its affiliates or licensees. All rights reserved. All other trademarks appearing on the Service are the property of their respective owners.
You acknowledge and agree that your subscription to the Service is personal and the password will not be shared or you will not grant others the access to the Service using your password or otherwise, without the prior written consent of StreamAMG. You further acknowledge and agree that you are the single representative and responsible for all activities that occur through its Password. You further agree that StreamAMG will not be liable for failure to comply with this Section or any loss or damage arising from or related to, the use of the password by the same or anyone else who is not StreamAMG. You ‘may not use the service for illegal purposes or for purposes other than those expressly permitted here. We will have the right, at our sole discretion, to refuse or prevent anyone from access to someone or to all of the Services at any time and for any reason or to block user’s password for any reason, including but not limited to the fact, that the Password impersonates someone else, is protected by trademark or other intellectual property rights, or is vulgar or offensive, as determined solely by us in our sole discretion. You may only be able to view the service if you are a subscriber to the service in good standing with a valid, authorized registered payment method with StreamAMG.
The user exempts StreamAMG from any liability in case of malfunction and / or the temporary inability to access the service and / or any discomfort due to occasional event, unforeseeable and / or force majeure.
In addition to any other remedy available to us, at law or otherwise, if you fail to comply with any of the terms or conditions of this Subscriber Agreement, we have the right to terminate your access to the Service and this agreement immediately. We reserve the right to terminate, suspend or modify the Service, or its availability, at any time. If we solve this Agreement or we interrupt the service subscription for any cause (for example, your violation of this Agreement), you will not receive a full or partial refund for expenses or taxes already incurred by or billed to you, and we reserve all other rights available to us in relation to your breach.
Except as expressly stated in this contrary, all disputes arising out of or relating to this Agreement or to the Service will be uniquely and as a last solution settled by arbitration. The arbitration shall be governed by the Rules of Arbitration of the International Chamber of Commerce. A sole arbitrator selected in the UK shall conduct the arbitration in London and English should be the language used in the arbitral proceedings. The referee’s authority must be limited to solve individual disputes between the user and the United Kingdom, and the referee does not determine, in the initial title, if they are allowed in the arbitration itself, class compensation. Notwithstanding the foregoing, without first seeking or obtaining any arbitration decision (even if a similar issue or has already been referred to arbitration in accordance with the terms of this paragraph) (i) Our respective affiliates and licensees and us can bring any claim or adaptation in order to highlight, to run, to register or to defend our intellectual property rights or of other in a court or competent jurisdiction court; and (ii) Our respective affiliates and licensees and us are authorized to get a fair injunctive and other in a court or in a competent jurisdiction court for the application of this Agreement.
London laws (United Kingdom) govern this Agreement and any disputes related to this Agreement and / or service, without regard to its principles of conflict laws.
You acknowledge and agree that any breach of the agreement concerning the disclosure, the use, the copying, the distribution, the display or the publication of the information and / or content of the Service and / or use of the Service may result in injury and irreparable damage to FCSD that cannot be properly compensated by money, and for which StreamAMG will have no adequate compensation by law. Therefore, you consent and agree that StreamAMG can get injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with this Agreement. You surrender any requirement of guarantee publication that may request the issuance of any injunctions, orders or other equitable relief.