This site is the property of:
America’s Cup Event Authority LLC, a California limited liability company with its address at
24 Crow Lane, 3rd Floor
AC+ TERMS & CONDITIONS OF USE
These are the terms and conditions relating to your access to our pay-per-view subscription programming via our AC+ digital platforms. We are America’s Cup Event Authority LLC, a California limited liability company with its address at Windward Place, Third Floor, 24 Crow Lane, Pembroke HM19, Bermuda. Reference to "ACEA", "we" or "us" in these Terms and Conditions shall be read as references to ACEA.
Unless the context requires otherwise, capitalised words and expressions used in this Agreement shall have the following meanings:
AC+: our platforms where the Service may, subject to any applicable local rights holder restrictions and all applicable laws and regulations, be viewed, namely: (i) the Official AC App; and/or (ii) the Website.
ACEA: America’s Cup Event Authority LLC.
Backend Software: the backend software embedded in AC+ or otherwise that is required to run and operate the Services, including: (i) the video delivery operated by Octoshape; (ii) the interactive technology operated by Virtual Eye; and (iii) the account management software operated by Parse.
Channels: the channels we may offer on AC+ that broadcast the separate elements of the Services.
Conditions: the conditions in these Terms and Conditions set out below, any other conditions referenced within them and any changes we may make to any of them in accordance with these Terms and Conditions.
Events: the Louis Vuitton America’s Cup World Series events taking place as part of the 35th America’s Cup (and any other events forming part of the 35th America’s Cup as may be added to the Services by ACEA from time to time);
Intellectual Property Rights: all rights in or to patents, trade marks, service marks, trade names, goodwill, registered designs, design rights, database rights, copyrights and other forms of intellectual or industrial property (in each case in any part of the world, whether or not registered or registrable for their full period of registration or term of protection thereof with all extensions, renewals and revivals, and including all applications for registration or otherwise), inventions, formulae, confidential information (including know-how or secret processes), rights in computer software, rights protecting goodwill and reputation, rights of publicity, personality and privacy and any other protected rights and assets of a similar nature or having equivalent effect and any similar or equivalent right and assets which may now or in the future subsist anywhere in the world and any licences and permissions in connection with the foregoing.
Location: your location verified via the location services function of your device.
Official AC App: the official America’s Cup application for the 35th America’s Cup.
Race Day: any official competitive race day of the respective Event(s) and/or, subject to any programming rescheduling, any other day expressly designated as such by ACEA.
Service: the subscription programming provided on the Channels relating to the applicable Event, including (subject to any applicable local rights holder restrictions and all applicable laws and regulations): (i) the live broadcast feed of the racing that takes place on a Race Day (anticipated to be 90 minutes per Race Day); (ii) on-board raw visual and/or audio feed of the skipper from up to 4 Yachts; (iii) a basic virtual animation graphic that depicts the race course of the applicable Event; and (iv) the live commentary feed of the racing that takes place on a Race Day (anticipated to be 90 minutes per Race Day).
Subscription Payment: the amount that you must pay us to access the Services for a specific Event.
Team: ORACLE TEAM USA and any other sailing team that competes in the Events (or any of them).
Terms and Conditions: these terms and conditions authorizing you to receive the Service for private viewing in the Location only.
Website: ACEA’s website at www.amerciascup.com.
Yachts: the Teams’ racing yachts that participate in the in the Events (or any of them).
2. SUBSCRIPTION PAYMENT
2.1. Subject to Condition 3 below, you must pay us the Subscription Payment for the Services. We may change the Subscription Payment amount at any time prior to your purchase of the Services. This will be notified to you via AC+.
2.2. The Subscription Payment may be made via one of the following methods: (i) for iOS device users payment will be made via an in-application purchase, which shall be processed through the user’s iTunes account in accordance with the applicable terms and conditions; (ii) for Android device users payment will be made via an in-application purchase, which shall be processed through the user’s Google Play account in accordance with the applicable terms and conditions; and (iii) for Website users payment will be made via an online payment form, which shall be processed through STRIPE (the latest terms and conditions for STRIPE are available at www.stripe.com/us/terms). The relevant payment processing agent will appear on your bank statement.
2.3. It is each user’s own responsibility to read and agree to the terms and conditions of the applicable payment processing agent. We reserve the right to change payment processing agents at any time and any changes will be notified via AC+.
3. SERVICES AND LOCATION
3.1. You acknowledge and agree that the Services for the applicable Event and/or certain AC+ platforms may not be available in all territories and are subject to any applicable local rights holder restrictions and all applicable laws and regulations. You shall only be entitled to access the Services and/or certain AC+ platforms that are available in your Location for the applicable Event. A full list of any excluded jurisdictions will be available on the Website and on the Official AC App and it is your responsibility to check this list prior to purchasing the Services and/or using certain AC+ platforms. No refund of any or all of the Subscription Payment will be made in the event that not all of the Services and/or AC+ platforms are available to you in your Location.
3.2. In order to access and operate the Services it is your responsibility to ensure that you have: (i) a device that supports and can operate the AC+ platforms; (ii) sufficient bandwidth and storage; (iii) the necessary virus and malware checking software in order to ensure the security of your device; and (iv) no network firewalls or other restrictions in place that may block or restrict access to AC+, any of the Services and/or the Backend Software.
3.3. The Subscription Payment only relates to the Services for the applicable Event and does not entitle you to receive any pay-per-view services relating to any other Events or other events connected to the America’s Cup.
3.4. We can replace or withdraw any of the Services, or any of the Channels, for any reason at any time. We can change, increase or reduce the number of hours of Services or any of the Channels. We may encrypt or unencrypt the Services or any Channel at any time. We may transfer programming between Channels.
4. NO WARRANTIES
4.1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES (EITHER EXPRESS, IMPLIED, OR STATUTORY) INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SERVICES IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE OR FROM (I) ACEA; OR (II) ANY OF THE RESPECTIVE SERVICE PROVIDERS, AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ACEA (THE “DISCLAIMING ENTITIES”) WILL CREATE ANY WARRANTY FROM ANY DISCLAIMING ENTITY TO YOU.
4.2. WITHOUT LIMITING THE FOREGOING, THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY THIRD PARTY SERVICES WILL BE PROVIDED OR WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED, ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR ACCESSED AT YOUR OWN RISK – YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR ACCESS.
5.1. Nothing in these Terms and Conditions limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any matter than we cannot exclude or limit as a matter of law.
5.2. We will not be liable under these Terms and Conditions for: (i) any fault in your device that results in you being unable to use any of the Services; (ii) use of the Services with any decoding apparatus we do not authorise; (iii) our failure to provide the Service caused by events outside our reasonable control (including without limitation electrical failures, network failures, computer malware and the failure of any of the Backend Software); (iv) any Services not being available to you in your Location; (v) any costs charged by your mobile network and/or internet service provider in relation to the provision of the mobile network coverage and/or internet connection necessary to use the Services; (vi) any incompatibility of the Services with any hardware and/or software on your device; and/or (vii) any loss or damage caused by us or our employees or agents in circumstances where: (a) there is no breach of a contractual obligation or a legal duty of care owed to you by us or by any of our employees or agents; (b) such loss or damage is not a reasonably foreseeable result of any such breach; or (c) such loss or damage results from breach by you of any term of these Terms and Conditions.
5.3. Any dealings between you and any third party advertiser or merchant found on or via the Service are between you and such third party. We are not responsible or liable for any loss or damage of any kind incurred as a result of such dealings.
6. DATA PROTECTION
6.2. We will ask for your consent to use your data in certain ways, including sending you targeted push notifications, when you accept these Terms and Conditions. Where you have given us your consent we may use and share data for marketing and research purposes and we may pass such information to companies other than those set out above. You also agree that we may use and pass information to other companies, including the relevant payment processing agent, for use in making credit decisions, for fraud prevention and to pursue from you any sums owing by you to us under these Terms and Conditions.
7. INTELLECTUAL PROPERTY AND LICENCE
7.1. All Intellectual Property Rights supplied as part of the Services shall at all times remain vested in ACEA or its licensor.
7.2. ACEA grants to you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Services, including the Backend Software, subject to receipt of the Subscription Payment, in accordance with these Terms and Conditions only. Save for the forgoing, all rights are expressly reserved by ACEA.
7.3. You must not do any of the following: (i) copy, redistribute or relay the Channels or any part of them or otherwise deal with the Channels or any part of them; (ii) produce, supply or otherwise exploit any programme, service or content (whether audio or audio-visual or otherwise) that forms any part of the Services otherwise use any part of the Services for any commercial purpose whatsoever;(iii) sell or make any charge for watching the Channels or any part hereof; or (iv) show the Channels in public to an audience even if no charge is made or otherwise use the Service or any part there of other than to view the Channels in private for non-commercial purposes in your Location only.
8. SERVICE SUSPENSION AND TERMINATION
We may suspend or restrict your use of all or part of the Services where reasonably necessary to update the Services or for technical or operational reasons. We also reserve the right to suspend or terminate your account, so as to prevent you from copying the Channels or using the Services, in the event that you breach these Terms and Conditions.
You must not use any community features of the Official AC App and/or the Website to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of ACEA or any third party; (ii) transmit, store or otherwise make available material which disrupts the Official AC App and/or the Website,; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects ACEA’s business or is otherwise objectionable in ACEA's sole discretion; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; and/or (vii) transmit, store or otherwise make available material which contains advertising, promotions, "junk mail," "spam," "pyramid schemes," "chain letters" or solicitation of any kind. If ACEA determines, in ACEA's sole discretion and judgment, that your submitted content on any community features violates, or may violate, any of the terms of these Terms and Conditions, ACEA reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your submitted content; (c) revoke your right to use the Services; and/or (d) use any technological, legal, operational or other means available to ACEA to enforce the provisions of these Terms and Conditions, including, without limitation, blocking specific IP addresses or deactivating your registration on the Official AC App and/or Website.
9. USER SUPPORT
Users will be able to contact our support team at any time via AC+. The contact form will be clearly notified on the relevant platform. We will endeavor to respond to all queries promptly. Whilst commercially reasonable steps have been taken to prevent hacking or other forms of internet security breaches, in the event that such a breach occurs on your account, please notify this to ACEA’s support team immediately.
10. GOVERNING LAW
These Terms and Conditions constitute the entire agreement between the parties, and supersede all prior written or oral agreements or communications with respect to the subject matter herein. ACEA in its sole discretion may amend these Terms and Conditions, and your use of the Service after such amendment is posted on the Website and/or the Official AC App will constitute acceptance of it by you. If any term in these Terms and Conditions is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms.
These Terms and Conditions and any dispute or claim arising out of or in connection with them (including, without limitation, any dispute or claim relating to non-contractual obligations) will be governed by and construed in accordance with the laws of the State of California without application of its conflicts of laws principles. The courts of the State of California shall have the exclusive jurisdiction of any disputes occurring in connection with these Terms and Conditions, save that ACEA reserves the right to take action in the courts of the user’s domicile in its absolute discretion and subject only to any applicable laws.
This site is hosted by MEDIA ACCESS "NETFOLIO" Ltd. with capital of € 7622.45, registered with the RCS AIX-EN-PROVENCE under number B 419 670 724, whose registered office is at Domaine du Petit Arbois - Avenue Louis Philibert - 13100 AIX-EN-PROVENCE - FRANCE, publisher of NETFOLIO.NET and services provider.
The host is contactable on +33 4 86 91 62 62 and on the contact page of his site www.netfolio.net
Users have a right to access, rectify and delete data concerning them.
This right may be exercised at any time by contacting the responsible for the publication of this website via the contact form or by mail.