Please read these terms before accessing, installing or using the Service. They set out the agreement between you and us for your access to and use of the Service.
Who we are
This Service (Eurosport) is operated 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").
In Germany, the subscription service, Eurosport Player, is operated by Joyn GmbH (Joyn). In Austria, Eurosport Player is operated by DEL.
When we talk about the Service in these terms, this includes:
the Eurosport website (the Website)
the Eurosport application made available on certain mobile phones and other connected devices (the “App”); and
anything made available on the Website and App, including: all features, functionalities and user interfaces; and
- any content and materials you can view, access or contribute, such as images, photos, sounds, music, text, articles, games, graphics, software, video clips and programmes (“Content”).
The Content on the Service will change regularly – that means exciting sports, events, articles, programmes, channels etc. may become available whilst other sports, events, articles, programmes, channels etc. will stop being available. See clause 4 for more details.
1. Access to the Service
1.2 Some Content (including specific features), may only be available to you when you register an account (Eurosport Account).
1.3 Certain premium content may only be available to access and view if you subscribe to Eurosport Player, the subscription service operated by Joyn in Germany and DEL in Austria.
1.1 You can sign up for a Eurosport Account if you are aged 16 years or older.
2. Conclusion of contract and contract language
2.1 The offer to register a Eurosport Account constitutes a binding offer by us to conclude a contract. You conclude a contract with us for the Service by completing and registering a Eurosport Account.
2.2 We will send you an email to confirm your registration of a Eurosport Account.
2.3 The language of our contract with you for access to the Service is German and English.
3. Your Eurosport Account
1.2 When creating your Eurosport Account, you must provide true, accurate and complete information to us. You may be able to use an account you already hold with a third party platform or other partner to create a Eurosport Account, such as your login with a social media service.
3.1 You are responsible for your Eurosport 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 Eurosport Account) (unless DEL is responsible). 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.
4. Content changes
4.1 As we mentioned above when describing the Service, the Content will change regularly – that means exciting sports, events, articles and programmes may become available whilst other sports, events, articles and programmes will stop being available.
4.2 The availability of Content may change for various reasons, such as where third party rights- holders withdraw or restrict our right to use that content on the Service, or for other reasons
beyond our reasonable control (such as war, terrorism, natural disasters, epidemic and pandemic).
5. Changes to the Service
5.1 We may regularly make changes to, suspend or discontinue the Service (or any part of the Service).
5.2 Such changes may be made (for example) when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the Service. We may also improve, update or enhance the Service from time to time.
6.1 You can stop using the Service and you are free to cancel your Eurosport Account at any time.
7. Device restrictions, supported devices and updates
7.1 Availability and functionality of the Service and Content depends on the quality of your internet connection and device capabilities. As described in our Help Centre, some features of the Service may not be available on all devices or on all operating systems. Please visit the Help Centre to see the full list of supported devices and operating system requirements.
7.2 To get the best experience and to ensure the Service operates correctly, we recommend that you accept any updates to the Service as and when they become available. This may alsorequire you to update your device operating system. As and when new operating systems and devices are released, we may over time stop supporting older versions. You should regularly check the Help Centre to see the full list of currently supported devices and operating system requirements.
8. 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.
9.2 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.
9.4 In the event of a material and/or repeated infringement, we, may, without notice or prior intervention of a court or arbitral body, block your access to the Service and terminate any Eurosport Account you may have and pursue any rights or remedies available to us.
10. Your Content
10.1 With a Eurosport Account, you may be able to interact with Content on the Service, including liking and sharing Content or contributing and uploading your own Content (for example, when you take part in a quiz, competition or survey).
10.2 You agree that:
(b) 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 privacyor rights of publicity), unless you have a formal licence or permission from the rightful owner or are otherwise legally entitled to share the material in question.
11. Your use of the Service
11.2 You must not, and must not allow third parties to:
(a) transmit, broadcast, display, perform, publish, license, offer for sale, make and/or distribute copies of any part of the Service for the benefit of any third party, or exhibit any of the Service in any public place;
(b) frame any item of Content or the Service, or incorporate any part of the Service into another website, application, online service or audiovisual service;
(c) access or view any part of the Service using a virtual proxy network;
(d) use your username and password to access your Eurosport Account without authorisation;
(e) attempt to alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service;
(f) remove, deactivate, degrade or thwart any of the content protections in the Service or the Content; or
(g) 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.
12. Ending your right to use the Service
12.1 We can end our agreement with you (and consequently end your right to use the Service) at any time on reasonable notice.
12.4 We may decide to discontinue or suspend any part of the Service or any Eurosport Account at any time.
13. Our liability to you
13.1 DEL shall be fully liable for damages we cause intentionally and by our gross negligence as well as for any injury to life, body or health caused by us.
13.2 In the event of our slight negligence:
(a) we shall be liable only for breaches of material contractual obligations. A material contractual obligation in the meaning of this provision is so fundamental to the contract that if it is not fulfilled then the contract cannot be completed;
(b) we shall not be liable for any lack of commercial success, lost profits and/or indirect damages; and
(c) our liability shall be limited to the typical and foreseeable damages at the time this contract between us was concluded.
13.3 The limitation of liability in this section shall apply for the benefit of our employees, agents and vicarious agents.
13.4 The limitation of liability in this section does not affect any potential liability we may have for any guarantees and for any claims based on the German Product Liability Act.
13.5 Any further liability shall be excluded.
14. Advertising and third party websites
14.1 The Service and Content may contain advertisements. 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, where we are not responsible for such advertising.
15. 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, please follow the instructions in our Help Centre.
16.2 You will be notified at least 6 weeks in advance of any such changes or amendments in writing or by e-mail. If you do not object to such changes or amendments within 6 weeks of receiving such notice, you will be deemed to have accepted them. DEL will expressly inform you at the time of notification of your right to object and the consequences of your silence.
17. Transfer of rights
The agreement between us and you is personal to you and no third party is entitled to benefit under it.
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.
20. Governing law
Republic of Germany, such contractual relationship is subject exclusively to the law of the Federal Republic of Germany, excluding the CISG, unless mandatory provisions of the law of the country in you have your habitual residence provide otherwise.
If you have any complaint please speak to us first, by contacting us using the details below. In addition, to the extent required by applicable law, 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 are not obliged to and do not currently use
alternative dispute resolution, including through the ODR platform, as a means of settling
22. Contacting us
You can contact us at firstname.lastname@example.org or using the details in our Help Centre.