General Terms of Service

Sideline.Live provides a livestream and video on-demand service that allows paid users to access grassroots sports matches streamed over the Internet to certain HD-enabled internet connected TVs, computers, mobile and other devices.

These General Terms of Service (the “Terms of Service”) apply fully to the access and use of the web-based application “Sideline.Live” (the “Application”) including the services, software, features and functionalities, content or applications including any website offered by SidelineApp Limited (“we”, “our”, or “us”), and the user interfaces (collectively referred to as the “Services”).

Please read these Terms of Service carefully. These Terms of Service are a binding agreement between the user of the Services (“you” or “your”) and us. These Terms of Service are supplemented by our Payment Terms and Privacy Policy, so please ensure that you read all of these documents carefully. By using the Services, you warrant and represent that you agree with these Terms of Service. If you do not agree with these Terms of Service, you may not, under any circumstances, or for any reason, use the Services.

By registering for and/or using the Services in any manner, including but not limited to downloading the Application or paying the Subscription Fee, you agree to these Terms of Service and all other operating rules, policies, and procedures that may be published from time to time on our website or within the Application by us, each of which is incorporated by reference, including but not limited to our Payment Terms and Privacy Policy. We may, from time to time and in our sole discretion, amend our Terms of Service, so please make sure you check the Terms of Service on a regular basis. When we make a material change to these Terms of Service we will provide notification on our website or within the Application by publishing the amended Terms of Service and providing a window notification of the changes, but we are under no obligation to provide you with individual notice of any changes. If you do not agree with any amended Terms of Service you may not continue to use the Services. Your continued use of the Services following publication of any amended Terms of Service by us shall signify your acceptance of any amended Terms of Service.

Some of the Services may be subject to additional terms and conditions specified by us from time to time; your use of these Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

In order to be eligible to use the Services, you warrant and undertake that:

  1. You are 18 years or older;
  2. If you are under the age of 18, you are 13 years or older and you have parental or guardian consent to use the Services. By your use of the Services you confirm parental or guardian consent and you must procure that your parent or guardian agrees to be liable to us for any of your acts or omissions in relation to these Terms of Service, and to the Payment Terms; and
  3. You are not prohibited from entering into these Terms of Service under any applicable laws, rules, and/or regulations.

By using the Services, you represent and warrant that you are at least 13 (thirteen) years of age. If you are under the age of 13 (thirteen) you MAY NOT use the Services. We may, in our sole discretion, refuse to offer or cancel access to the Services to any person or entity and change the eligibility criteria for access to the Services at any time. The Services are offered only for your use, and not for the use or benefit of any third party.

For the purposes of the Terms of Service, the term “Content” includes, without limitation, information, data, text, images, videos, audio clips, written posts and comments, software, sounds, scripts, graphics, messages, tags, comments, interactive features, and any content generated, posted, transmitted, distributed or otherwise made accessible on or through the Services, and which may be shared through third party applications.

User Guidelines:

The Application, the Services and the Content are our property or the property of our licensors. We grant you limited, non-exclusive, revocable permission to access the Services, and limited, non-exclusive, revocable permission to access the Content for personal, non-commercial, private purposes (“Access”). Your Access shall remain in effect until and unless terminated by you or us. You promise and agree that you are accessing the Content for your own personal, non-commercial, entertainment purposes and that you will not redistribute or transfer the Services or the Content. To avoid doubt, this limited right of Access does not permit you to display or distribute the Content in a public setting, forum, space or venue.

The software applications contained within the Services are not sold to you, and we and our licensors retain ownership of the Content and the Application even after the Application is installed on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”). Your Access to the Content does not give you any ownership rights to the Content. All of our trademarks, service marks, trade names, logos, domain names, and any other features of our brand (including but not limited to the Sideline.Live and SidelineApp Limited name and branding) (“Sideline Brand Features”) are our sole and exclusive property. These Terms of Service do not grant you any rights to use any Sideline Brand Features whether for commercial or non-commercial use.

We aim to provide enjoyable services. We therefore ask all of our users to comply with and abide by the following guidelines. You agree that you will comply with all laws, statutes, and regulations in your use of the Services. You agree not to archive, reproduce distribute, modify, display, perform, publish, licence, create derivative work from, offer for sale, or use (except as explicitly authorised in these Terms of Service) content and information contained on or obtained from or through our Services.

You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in our Services; bypass any geoblocked content or content not available in your location; use any robot, spider, scraper or other automated means to access the Services; copy, decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services; insert any code or product or manipulate the content of the Services in any way; or use any data mining, data gathering or extraction method.

You agree that we may, in our discretion and without notice or liability to you, terminate or suspend your use of or access to the Services and any associated software or applications if at any time, we believe in good faith that:

  1. You have directly or indirectly violated any of the Terms of Service or any other policies or guidelines which you are bound by including but not limited to the Privacy Policy and the Payment Terms.
  2. You have engaged in any conduct which is illegal, fraudulent, harassing or abusive through your use of the Services.
  3. You have engaged in conduct which may be harmful to other users of the Services, third parties, or any of our affiliates.
  4. You have otherwise engaged in conduct which we determine to be inappropriate or unacceptable.

In the event that we terminate or suspend your account in accordance with the Terms of Service, you acknowledge, and agree, that we shall be under no obligation to refund any amounts which you have already paid, to the fullest extent permissible by law.

The Application may allow for users to post, upload, and/or contribute Content to the Services (User Generated Content). By posting, uploading, displaying or otherwise communicating any User Generated Content using the Services you warrant and represent that you own and control the rights in any such User Generated Content you make accessible, or are otherwise authorised to post, upload, display or communicate such User Generated Content and that such User Generated Content shall not violate or infringe upon the intellectual property (including without limitation copyright), publicity, personality, or other rights of any third party or imply any affiliation with or endorsement of you or your User Generated Content by us or any, entity or individual without express written consent from such individual or entity.

By submitting or uploading any User Generated Content the Services you grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable, and transferable licence to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit your Content in connection with the Application and/or the Services and our (and our successors’ or assignees’) businesses, including without limitation for promoting and redistributing part or all of the Application and/or the Services (and any derivative works of such Application and/or Services) in any media formats, and through any media channels (including, without limitation, third party applications and feeds), and including after termination of your access to the Application / and or the Services, excluding solely any licensing for third party commercial use.

You also grant each user of the Services a non-exclusive, perpetual licence to access your User Generated Content through the Services.

For clarity, the foregoing licences do not affect your other ownership or licence rights in your own User Generated Content, including the right to grant additional licences to your User Generated Content, unless otherwise agreed in writing.

You acknowledge that we in no way guarantee that any Content will be made available on the Application or through the Services. We reserve the right to, but do not have any obligation to:

  1. remove, edit or modify any Content and/or User Generated Content in our sole discretion, at any time, and for any reason without notice to you; and
  2. remove or block any Content and/or User Generated Content from the Services.

You acknowledge the Services may contain Content specifically provided by us, our partners, or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights, and laws.

You also undertake and agree to comply with the following Rules of Conduct:

  1. As a condition of use of these Services, you represent and warrant not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
  2. You shall not upload, post, email, transmit, otherwise make available, or facilitate the making available of, nor permit any third party to do the same, any Content on or through the Services that:
    1. is fraudulent, false, misleading, inaccurate, threatening, abusive, harassing, defamatory, libellous, vulgar, invasive of another’s privacy, obscene, pornographic, profane, indecent, or otherwise objectionable including any communication that constitutes a criminal offence which may give rise to civil liability or otherwise violate any laws, regulations or standards of conduct;
    2. you do not have a right to make available under any law or under any contractual relationships;
    3. may infringe or misappropriate any patent, trademark, trade secret, copyright, privacy, or other right of any other person or entity;
    4. includes any unsolicited or unauthorised advertising, promotional material, junk mail, spam, chain mail, or any other form of solicitation;
    5. contains any virus, worm, time bomb or any other computer code, file or software designed to damage, interfere with, intercept or limit the functionality of any computer, network, device, system, data or information including without limitation, the Application and/or the Services;
    6. harms any third parties in anyway;
    7. impersonates any person or entity or otherwise misrepresents your affiliation with any third party which is not authorised;
    8. intentionally, unintentionally, directly or indirectly violate any applicable law, rule or regulation;
    9. harasses or assaults any other user or third party;
    10. interferes with or disrupts the Services or associated servers, networks, applications or software; or
    11. includes anyone’s identification documents or sensitive financial information.

Payment Terms:

You may access particular Content by making payment of the subscription fee as determined by us or our partners from time to time (Subscription Fee) and listed on our website. The Subscription Fee is payable in advance per Content package, either on a per-match basis or a daily, weekly, monthly or annual subscription, as selected by you. Once you make payment of the Subscription Fee, you will have access to that particular Content. Payment can be made securely via our website using our secure credit card platform.

Please refer to our Payment Terms for more information on payments connected with the use of the Services. By making payment of the Subscription Fee, you agree to be bound by and accept the Payment Terms.

Other Costs

Any costs associated with downloading, installing, accessing, and using the Application or the Services (including data charges) are your responsibility.

Privacy Policy

We are committed to protecting your privacy. For more information see our Privacy Policy.

Accounts and Security

Your account is password protected and you are solely liable for keeping your password and any information submitted by you confidential. As part of the Terms of Service, you agree to keep, at all times, any and all information submitted by you and your account information accurate, true and complete. You will not, under any circumstance, select or use an email address of another person with the intent to impersonate that person, or use a name, subject to the rights of any other person, without their authorisation. You acknowledge and agree that you will remain solely liable for any and all activities which occur under any accounts created by you for your use, even if such activities were not committed by you. You acknowledge and agree that we are not responsible for any loss or damage as the result of someone else using your account or password without your knowledge. If your username or password is lost or stolen, or if you believe there has been unauthorised access to your account by third parties, please notify us as soon as possible and change your password.

For more information, please refer to our Privacy Policy.

Minimum System Requirements

You acknowledge that the quality of the display of any Content may vary from device to device, and may be affected by various factors over which we have no control, including your location, the specifications of your device, any other functions being performed by your device at the same time, the bandwidth available through your Internet connection and/or speed of your Internet connection. We shall have no responsibly for the poor performance of the Application or any delay or inability to play any Content due to issues with your Internet connection.

The Application is only compatible with some devices which meet certain minimum requirements, as set out below:

Intellectual Property Rights

We respect the rights of intellectual property owners. If you believe your rights are being infringed through any of the Content or User Generated Content available through the Services, please contact us immediately. All notices alleging any infringement (including copyright infringement) should be sent to support@sideline.live.

Third Party Services

The Services may permit you to link to other third-party applications, services, or resources on the Internet, and other applications, services, or resources may contain links to any third-party services. When you access third party resources on the Internet, you do so at your own risk. You acknowledge and agree that these other resources are not under our control, and you acknowledge and agree that we are not responsible or liable for the content, functions accuracy, legality, appropriateness, or any other aspect of such apps or resources. The inclusion of any links does not imply our endorsement or any association between us and the operators of the end site accessible by such links. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such application or resource.

Warranty Disclaimer

We aim to provide you with an enjoyable experience with respect to your use of the Services.  However, you understand and agree that the Services are provided “as is” and “as available” without any express or implied warranty or condition of any kind.

You acknowledge that, except for those warranties or representations that cannot be excluded by law (including under the Consumer Guarantees Act 1993 and Fair Trading Act 1986), the Services are provided on an “as is” basis and all representations, conditions or warranties in respect of the Services (whether express or implied, statutory or otherwise, and including warranties of merchantability and fitness for purpose) are expressly excluded.

You may not be able to access the Application if your network configuration prohibits you from streaming video content (e.g. if your firewall or filtering mechanisms prevent access to certain websites or file types). There may also be times where we cannot show some Content as planned (e.g. due to an event being cancelled or postponed), so the schedule could change without notice and you agree that we are not responsible for this.

You acknowledge that we may rely on the provision of services by third parties (including data centre, telecommunications and outsourcing providers) in order to provide the Services (“Third Party Providers”) and that the Services may be subject to limitations, delays and other problems inherent in the use of such services provided by Third Party Providers; and we will not be responsible for any delays, delivery failures, or any other loss or damage arising out of or in connection with any services provided by Third Party Providers, including any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet.

Limitation of Liability

You agree that, to the fullest extent allowed by law, in no event shall we, our officers, shareholders, employees, agents, directors, joint venturers, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for:

  1. Any indirect, special, incidental, punitive, exemplary or consequential damages, without regard to whether we have been warned of the possibility of such damages, and even if a remedy fails of its essential purpose, including but not limited to:
    1. any lost or corrupted data, lost profits, loss or damage to any computer, mobile phone, or other device; or
    2. the cost of procuring substitute goods, services or technologies, or
  2. An aggregate liability for all claims relating to the Services more than the total of one hundred New Zealand dollars (NZ$100).

Nothing in these Terms of Service shall limit our liability for any fraudulent misrepresentation, death or personal injury caused by our direct negligence.

Abuse Policy

We are committed to making the use of our Services an enjoyable experience for all users so please be considerate of any information you make public through the Services including any User Generated Content. We hold no responsibility with respect to any information made publicly available by you, including anything you upload, post, email, transmit or otherwise make available through the Services.

Any information you submit to us is governed by these Terms of Service and our Privacy Policy.

Indemnity

You hereby agree to indemnify and hold us, our officers, shareholders, employees, agents, directors, joint venturers, subsidiaries, affiliates, successors, assigns, suppliers, and licensors harmless against any claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including legal expenses) arising out of:

  1. Your violation or misuse of the Services;
  2. Your breach or alleged breach of these Terms of Service, including all related Privacy Policy and Payment Terms;
  3. Your violation or infringement of any law, rule, regulation or rights of others in connection with your use of the Services and any associated software or applications including without limitation, infringement of any copyright laws;
  4. Your use or disclosure of another person’s personal information including any financial or billing information which you are not authorised to use or disclose; or
  5. Any of your User Generated Content posted, uploaded, displayed or otherwise communicated using the Services.

Modifications

We will make reasonable efforts to keep the Services operational.  However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions to the Services. We reserve the right, at any time, to modify or discontinue (whether temporarily or permanently), functions and features of the Services (whether in part or in whole) without further notice or liability to you.  You understand and agree that we shall have no obligation to maintain, support or upgrade the Services or to provide any specific content through the Services.

Jurisdiction and Dispute Resolution

The Terms of Service shall be governed by the laws of New Zealand and you and us (collectively, the “Parties”) submit to the exclusive jurisdiction of the courts of New Zealand in resolving any disputes, claim or controversy which arise from these Terms of Service.

Any dispute or difference arising out of or in connection with these Terms of Service, including any question regarding the existence, validity or termination of these Terms of Service, shall be referred to and finally resolved by arbitration in New Zealand in accordance with New Zealand law and the current Arbitration Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc. The arbitration shall be by one arbitrator to be agreed upon by the parties and if they should fail to agree within twenty-one (21) days from the date upon which the dispute arises then to be appointed by the President of the Arbitrators' and Mediators' Institute of New Zealand Inc.

Entire Agreement and Severability

These Terms of Service, the Privacy Policy and Payment Terms, represent the entire agreement between you and us with respect to the Services, including use of the Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with the Services.

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Service, and the application of that provision shall be enforced to the fullest extent permitted by law.

Force Majeure

We shall not be liable for any failure to perform our obligations under the Terms of Service where such failure results from any cause beyond our reasonable control, including, without limitation, war, riots, industrial action, pandemics, epidemics, flooding, natural disasters, or other acts of God, or mechanical, electronic or communications failure or degradation.

COVID-19

The parties acknowledge that COVID-19, and either party’s compliance with any law, rule, regulation or policy related to COVID-19, may adversely impact the Services, responsibilities or other obligations under these Terms of Service.  In the event of any such impact, Sideline may suspend or terminate your subscription without further liability to the extent permitted by law.

Assignment

These Terms of Service are personal to you, and are not assignable, transferable or sub licensable by you except with our prior written consent. We may assign, transfer, delegate any of our rights and obligations without consent and/or notice to you.

Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

Notices

Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registering mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service. Electronic notices should be sent to support@sideline.live.

No Waiver

Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any part of the Terms of Service. You recognise and agree that waiver of compliance in any particular instance does not mean in any way that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of and consent to such waiver through one of our authorised representatives.

Headings

The section and paragraph headings in these Terms of Service are for convenience only and shall not have any effect on the interpretation of such term.

Contact

support@sideline.live