1. ACCEPTANCE OF TERMS
In order to use our Services independently, you must be at least 18 years of age, and must not be considered a minor in your country of residence. Minors may only use our Services with consent from their parent or legal guardian, and through their parent or legal guardian’s account
2. OUR SERVICES
2.1. Non-exclusive and Non-transferable Rights
Rakuten Asia grants to you a limited, non-exclusive, non-transferable right to access the Services and view the Content under these Terms, and you do not have a right to transfer or sublicense your rights under these Terms. Any unauthorized assignment or transfer shall be null and void.
2.2. Restrictions on Your Use of Our Services
The use of our Services is solely for your personal and non-commercial use and not for other purposes whatsoever. You agree to use the Services, including all features and functionalities associated with the Services, in accordance with applicable laws, rules and regulations. 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 notice. You shall not:
(a) publicly display, republish or publicly perform the Services;
(b) copy, reproduce, decompile, reverse engineer, disassemble, modify or create derivative works of the Services or any portion thereof;
(c) use any tradename, trademark, or brand name of Rakuten Asia and/or its affiliates in metatags, keywords and/or hidden text;
(d) commercially exploit the Services or the Content, in whole or in part, in any way; share accounts unless you are the parent or legal guardian of a minor;
(e) 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 Asia, a Provider, or any third party associated with or appearing in any Content;
(f) 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;
(g) 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;
(h) obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Services;
(i) impersonate or misrepresent your affiliation with someone else;
(j) remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Services; and
(k) hack, break into, interfere, disrupt or otherwise attempt to do so, in any manner our Services, the software, website and/or any data areas on our servers or that of any third parties.
2.3. Third Party Providers
The Content provided under the Services is provided under licenses from third party content providers and distributors (“Content Providers”). In response to requests from Content Providers, or due to technical limitations, or at our sole and absolute discretion, and without prior notice to you, some or all of the Content may be removed from the Services or may cease to be available for streaming.
2.4. Quality of Content
To use our Services, you must have Internet access. 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, bandwidth, and configuration of your device. Rakuten Asia makes no representations or warranties about the quality of your streaming. You are responsible for all internet access charges.
2.5. Availability of Content
The Services or specific Content may only be available in certain geographic locations, and availability may vary by geographic location and be changed from time to time without notice. You may only access content available to the region that you are located in. We will notify you in accordance with applicable laws on any changes to our content line up.
To improve our services, we may from time to time suspend our website and/or applications for maintenance purposes. During which, you may not be able to access all or part of our Services. We aim to provide you with prior notice of any scheduled maintenances. You understand that such interruptions to our Services are necessary, and your only recourse against us for such an interruption is the right to terminate our Services in accordance with these Terms.
3. CAMPAIGNS & PAID PLANS
We may offer plans, or marketing and promotional campaigns, some of which require payment to access (“Campaigns”). Such Campaigns may be subject to separate terms and conditions, which we will notify you about when available. Rakuten Asia reserves the right, in its absolute discretion, to withdraw or modify Campaigns and/or the terms and conditions of the Campaigns at any time without prior notice to you. If these Campaigns relate to any paid plans, we will notify you of any such changes.
4. BILLING AND PAYMENTS
4.1. Changes to Fees
Please note that prices and charges are subject to change in our absolute discretion. You will have the right to terminate our Services in accordance with these Terms if you do not agree to any new pricing or charges.
Prices are, and all payments shall be made, in U.S. dollars.
By providing your payment details, you consent to being charged on a recurring monthly basis using these payment details until you cancel your subscription.
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 applicable taxes, such as consumption taxes, etc., and therefore such prices are subject to increase in the amount of any such tax (excluding tax on net income) that Rakuten Asia may be required to collect or pay upon the sale or delivery of the service purchased hereunder.
4.5. Payment methods
You may pay the applicable fee using the methods available and you agree to the terms and conditions applicable to each payment method you choose. Payment methods includes credit or debit card, mobile and/or other methods (“Payment Method”). Your Payment Method will be billed for the full amount at the time you request for the Services. You expressly authorize us to charge this amount to the Payment Method associated to your account or to a different Payment Method if you so designate at the time you make your request. You understand that your payments are processed by third party payment service providers, and Rakuten Asia expressly disclaims liability for any losses incurred or suffered by you due to any breach or losses caused by the third party payment processors.
4.6. Cancellations and refunds
You may cancel your subscription at any time, and you will continue to have access to the Services until the end of your billing cycle. TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS, 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 circumstances.
In the event that we are unable to process the applicable fee due to insufficient funds in your account or otherwise, and you do not cancel your account, we reserve the right to suspend or cancel your access to the Services until we have successfully charged a valid Payment Method.
5. YOUR ACCOUNT
6. NOTICE & COMMUNICATIONS
7. INTELLECTUAL PROPERTY OWNERSHIP
7.1 Unless otherwise noted, the Services, and all Content available via the Services, including, but not limited to, the text, graphics, logos, designs, photographs, images, audio/video clips, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and the organization, compilation, look and feel, of the Services or any other intellectual property (collectively, the “Materials”) are owned by Rakuten Asia, its affiliates or its Content Providers (“Providers”) , and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Rakuten Asia and you, all right, title and interest in and to the Materials (including all Content) will at all times remain with Rakuten Asia, its affiliates and/or its Providers.
7.2 Rakuten Asia and/or its affiliates shall maintain all right, title, and interest in the “Rakuten”, “Rakuten Asia” and “Rakuten Sports” marks, logos, and any other marks, service marks, trademarks, or logos of Rakuten Asia and its affiliates (“Marks”).The Marks may not be used in connection with any product or service that is not Rakuten Asia’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rakuten Asia. You shall not by any means bid on any keywords with any search engine containing “Rakuten,” “Rakuten Asia”, “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 Asia. All other trademarks, including but not limited to images, personal likenesses, and celebrity names - not owned by Rakuten Asia 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 Asia.
8. EXTERNAL SITES
The Services may contain links to third party websites that are not owned or controlled by Rakuten Asia. Rakuten Asia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. You understand and accept that your access and use of these websites is 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 Asia will not and cannot control or edit the content of any third-party site. By accepting our Terms and using our Services, you expressly relieve Rakuten Asia from any and all liability arising from your use of any third party website and from any loss or damage which you may incur from dealing with any third party. Accordingly, we encourage you to be aware when you access third party websites through links on our Services and to read the terms and conditions of these third party websites.
9. TERMINATION, SUSPENSION AND MODIFICATION
These Terms are effective when accepted by you and will remain in effect until terminated by you or us. Subject to any requirements set out in applicable laws, we may terminate these Terms and/or suspend any account (or any part thereof) you may have with Rakuten Asia 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, at 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 Asia 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 insofar as it is permitted under the 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 Asia, 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 in relation 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 Asia reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Rakuten Asia, and you agree to cooperate fully with Rakuten Asia's defense and/or settlement of any claim. Rakuten Asia 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.
11. WARRANTIES AND DISCLAIMERS
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 ASIA 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.
12. LIMITATION OF LIABILITY
12.1 TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL RAKUTEN ASIA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, RAKUTEN ASIA’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED FIFTY U.S. DOLLARS ($50).
12.2 TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL RAKUTEN ASIA, 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.
12.3 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.
13. GOVERNING LAW & ARBITRATION
13.1. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Singapore, notwithstanding any conflict of law principles.
You agree that any disputes arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination (“Dispute”) may be referred by either Party to be finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
13.3. Class Action Waiver
Where permitted under the applicable law, you and Rakuten Asia agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Headings under these Terms are intended only for convenience and shall not affect the interpretation of these Terms.
14.2. Assignment of Our Rights and Obligations
We may assign our rights and obligations under these Terms without restriction and to the extent permitted by the applicable laws. We may also assign any or all of our rights and obligations under these Terms to any of our affiliates in connection with the sale or transfer of all or substantially all of our business interests to which these Terms relate, whether pursuant to an asset purchase, stock purchase, merger or otherwise. In that event, the Terms shall inure to the benefit of our successors, assigns and licensees.
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. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held to be invalid or unenforceable, it shall not affect the remaining provisions. Any invalid or unenforceable provision shall be deemed severed to the extent of its invalidity or unenforceability.
Any provision of these Terms that imposes an obligation on either Party after the termination or expiration of the Agreement or these Terms shall survive termination or expiration.
14.6. Third Parties
No third party is intended to benefit from the Agreement.
14.7. Entire Agreement
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).
14.8. Change to Terms
We reserve the right to modify these Terms at any time. Any changes to the Terms will be in accordance with the applicable laws, and we may notify you and/or publish details of all changes on our website. 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.