Welcome to Rakuten Sports!
Viki, Inc. (“Rakuten Viki”, "We", "Our" and/or "Us") makes available the Rakuten Sports service through sports.rakuten.com, and mobile and software applications (“Services”) under these terms and conditions (“Terms”). The Services allow Our users to access and view sports content streamed over the internet (“Content”).
Rakuten Viki is part of Rakuten group, which includes the affiliates and subsidiaries of our parent company Rakuten, Inc., based in Tokyo, Japan. More information about Rakuten is available at https://global.rakuten.com/corp/about/company ("Rakuten Group").
YOU FURTHER AGREE TO THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN SECTION 14 BELOW TO RESOLVE ANY DISPUTE WITH RAKUTEN VIKI (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE TERMS, YOU MAY NOT USE THE SERVICES.
ABILITY TO ACCEPT THE TERMS
You affirm that you are either more than 18 years of age, or at the age of majority in your country, in order to use Our Services and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Individuals under the age of 18 or age of majority may use Our Services only upon such parent or legal guardian consent and under such individual’s account. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
- The use of the Services is solely for your personal and non-commercial use. You agree not to use the Service for public performance. Rakuten Viki grants to you a limited, non-exclusive, non-transferable right to access the Services and view the Content under this Terms, and you do not have a right to transfer or sublicense your rights under these Terms.
- The streaming quality of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. Rakuten Viki makes no representations or warranties about the quality of the streaming. You are responsible for all internet access charges. You must be connected to the internet throughout your streaming experience. The Services or specific Content may only be available in certain geographic locations and availability may vary by geographic location and may be changed from time to time.
- The Services are licensed to you by Rakuten Viki pursuant to these Terms solely for the purpose of using the Services and for no other purpose whatsoever. You are expressly prohibited from copying, reproducing, decompiling, reverse engineering, disassembling, modifying or creating derivative works of the Services or any portion thereof. Any unauthorized use of the Services is strictly prohibited, and we reserve the right to discontinue provision of the Services at any time, without prior or any notice. You further agree to use the Services, including all features and functionalities associated by the Services, in accordance with applicable law, rules and regulation.
- The Content provided under the Services is provided under license from third party content providers and distributors (“Content Providers”). In response to requests from Content Providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Content may be removed from the Services or may cease to be available for streaming.
We may offer a number of subscription plans, some require payment to access. We reserve the right to modify and/or eliminate the subscription plans. You can find specific details regarding Our subscription plans on Our website.
FREE TRIAL, BILLING AND PAYMENTS
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- The Services, including but not limited to Our subscription plans or any other offering, are set forth on Our website, however, such prices do not include, and you shall pay, any excise, sales, use or like taxes, and therefore such prices are subject to increase in the amount of any such tax (excluding tax on net income) that Rakuten Viki may be required to collect or pay upon the sale or delivery of the service purchased hereunder. Prices are, and all payments shall be made, in U.S. dollars.
- If a Service is quoted at an incorrect price due to typographical error or error in pricing information:
- Rakuten Viki has the right to refuse or cancel any orders placed for the service quoted at the incorrect price, even if Rakuten Viki has confirmed the receipt of your order and charged your credit or debit card; and
- if Rakuten Viki has charged your credit or debit card but subsequently canceled your order, Rakuten Viki will promptly issue a credit to your credit or debit card account for the amount charged via the method you paid.
- You may pay fees using the methods available for the particular service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by service, and may include credit or debit card, mobile and/or other methods. When you provide credit card or other payment information to Rakuten Viki, you can use a credit or debit card or other similar accounts (each referred to as "Payment Method") to pay for the Services. Your Payment Method will be billed for the full amount at the time you request the applicable Service. You expressly authorize us to charge this amount to the Payment Method you provided during registration or to a different Payment Method if you so designate at the time you make your request. Please note that prices and charges are subject to change without notice. EXCEPT AS DESCRIBED ABOVE, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("Credits"). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance. If any third party provider allows you to use a credit card as a Payment Method, the Services will automatically connect and redirect you to a third-party payment processing portal hosted by a third-party payment processor. RAKUTEN VIKI DOES NOT COLLECT, ACCESS, STORE OR PROCESS ANY CREDIT CARD INFORMATION.
- If you register an account, you are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Us on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any Payment Method account number if applicable), then you agree to immediately notify Rakuten Viki. You may be liable for the losses incurred by Rakuten Viki or others due to any unauthorized use of your account.
- Our Services support third party platforms including Facebook and Google (“Third Party Platforms”) to make it easy for you to sign in or create your account for the Services. Any use of Third Party Platforms to create and access your account are subject to the terms and conditions and privacy policies of such third parties.
INTELLECTUAL PROPERTY OWNERSHIP
- Unless otherwise noted, the Services, and all Content available via the Services, including, but not limited to, text, graphics, logos, designs, photographs, images, audio/video clips, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property, and the organization, compilation, look and feel, of the Services (collectively, the "Materials") are owned by Rakuten Viki or the applicable Content Providers and/or any other applicable third party provider (“Third Party Provider”, and together with Content Provider “Providers”) , and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Rakuten Viki and you, all right, title and interest in and to the Materials (including all Content) will at all times remain with Rakuten Viki and/or its Providers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services, not to copy, reproduce, distribute, insert any code or product into, or manipulate the Materials in any way, and not to use any data mining, data gathering or extraction method. Rakuten Viki reserves the right to terminate your access to the Services if it, in its sole and absolute discretion, believes that you are in violation of any restriction contained in these Terms or are engaged or assisting in violating the copyrights of Rakuten Viki or any other Providers. Rakuten Viki does not promote, foster or condone, and expressly prohibits any and all infringing activity.
- Rakuten Viki and/or its affiliates shall maintain all right, title, and interest in the “Rakuten”, “Viki” and “Rakuten Sports” marks, logos, and any other marks, service marks, trademarks, or logos of Rakuten Viki and its affiliates (“Marks”). The Marks may not be used in connection with any product or service that is not Rakuten Viki’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rakuten Viki. You shall not by any means bid on any keywords with any search engine containing “Rakuten,” “Viki”, “Rakuten Sports” or anything substantially similar to the Marks. You shall not mention or use the Marks in any ad text, extensions or banner ads without the express written consent of Rakuten Viki. All other trademarks, including but not limited to images, personal likenesses, and celebrity names - not owned by Rakuten Viki that are used in the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored and/or endorsed by Rakuten Viki.
- You are permitted to use the Services and the Content for lawful purposes as provided in these Terms; any other use, misuse, distribution, reproduction, or copying of any Content is strictly prohibited. Rakuten Viki grants you a non-exclusive, limited, personal, non-transferable, revocable, license to use the Services to access and watch the Content, without right to sublicense, under the following conditions: you shall not:
- copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content;
- use any tradename, trademark, or brand name of Rakuten Sports in metatags, keywords and/or hidden text;
- create derivative works from the Content or commercially exploit Services or the Content, in whole or in part, in any way;
- use the Services, the Materials, any Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Rakuten Viki, a Provider, or any third party associated with or appearing in any Content;
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Services; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
- use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Services;
- impersonate or misrepresent your affiliation with someone else;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Services;
- use the Services to advertise or perform any commercial solicitation.
The Services may contain links to third party websites that are not owned or controlled by Rakuten Viki. Rakuten Viki has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, and you access and use these websites solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or any association with their operators. In addition, Rakuten Viki will not and cannot control or edit the content of any third-party site. By using the Services, you expressly relieve Rakuten Viki from any and all liability arising from your use of any third-party website and from any loss or damage of any sort you may incur from dealing with any third party. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions of each other website that you visit.
Rakuten Viki is free to use any feedback, comments, ideas, suggestions, reviews, and other information you may send to Us about the Services (“Feedback”). You hereby grant Rakuten Viki and its affiliates and agents a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use such Feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of its affiliates.
TERMINATION, SUSPENSION AND MODIFICATION
These Terms are effective when accepted by you and will remain in effect until terminated by you or Us. We may terminate these Terms and any account (or any part thereof) you may have with Rakuten Viki or your use of the Services at any time, for any reason or no reason. Any violation of these Terms may result in the termination of your use of the Services. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Services. You agree that Rakuten Viki will not be liable to you or to any third party for any modification, suspension, or termination of the Services and will not refund any amounts that you have already paid to the fullest extent permitted under applicable law. If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to cease use of the Services. Upon any termination of the Services, your right to use and access the Services will terminate. Termination will not prejudice either your or Our remedies at law or in equity. Any sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.
You agree to indemnify and hold harmless Rakuten Viki, as well as its respective officers, directors, affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of or related to your use or misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Rakuten Viki reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Rakuten Viki, and you agree to cooperate fully with Rakuten Viki's defense and/or settlement of any claim. Rakuten Viki will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
THE SERVICES, ALL CONTENT AND THE SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE SERVICES, ALL CONTENT AND THE SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICES. RAKUTEN VIKI DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAKUTEN VIKI BE LIABLE FOR ANY SPECIAL,INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAKUTEN VIKI’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED FIFTY U.S. DOLLARS ($50).
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL RAKUTEN VIKI, OR ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
GOVERNING LAW & ARBITRATION
The validity, construction, and interpretation of these Terms, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of California in the United States, excluding its conflicts of laws principles. However, as explained below, the agreement to arbitrate in the following paragraph is governed by United States federal law.
You agree that any dispute, claim or controversy arising out of or in connection with Rakuten Viki’ business or these Terms or relating in any way to the Services shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of these Terms to arbitrate.
Arbitration uses a neutral arbitrator instead of a judge or jury and is more informal than a lawsuit in state or federal court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts.
You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and Rakuten Viki, and Rakuten Viki waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor Rakuten Viki can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and Rakuten Viki further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void.
You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of these Terms and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at http://www.adr.com. The arbitrator is bound by the terms of these Terms. If your claim in arbitration is for less than $10,000, Rakuten Viki will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator.
In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.
You may not assign your rights and obligations under these Terms, in whole or in part, without Our prior written consent, and any such assignment without such consent will be null and void. These Terms may be assigned by Rakuten Viki without restriction. Headings under these Terms are intended only for convenience and shall not affect the interpretation of these Terms. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these Terms is held to be invalid, such invalidity shall not affect the remaining provisions. These Terms represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions of these Terms that may have been accepted by you). We reserve the right to modify these Terms at any time. Your use of the Services after modification of these Terms will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. If you do not agree to any modification of these Terms, you must immediately cease use of the Services.
If you have questions or comments regarding this Terms, please contact us at email@example.com; You may also reach us by physical mail at the following address:
800 Concar Dr. Suite 175
San Mateo, CA 94402