END-USER LICENCE AGREEMENT

  1. subscription services
    1. The Eleven Sports Network live streaming service is a subscription-based online service that provides Subscribers with the option of purchasing duration-based access to, and intelligible reception and viewing of, by means of certain Internet-connected television sets, personal computers and other Internet-connected devices, the ESN Channels linear-streamed over the Internet including all related and associated features, functionalities, user interfaces and Content (“Subscription Services”).
    2. The Subscription Services are offered and provided by Eleven Sports Network Pte Ltd (“ESN”) for purchase by Subscribers.  This end-user licence agreement (“EULA”) governs the purchase of, access to, and use of, the Subscription Services offered by ESN for purchase by Subscribers from time to time, and supplement the Website Terms & Conditions, which are set out at the ESN website from which the Subscription Services are offered, and such Website Terms & Conditions are incorporated herein by reference.  ESN reserves the right, at any time and in its sole discretion, to amend or revise the EULA without prior notification to Subscribers, and each Subscriber shall be legally bound by such revised EULA, it being each Subscriber’s sole responsibility to update itself on any such revised EULA.  In relation to the Subscription Services, if the terms of the EULA conflict with the Website Terms & Conditions, the terms of the EULA shall take precedence.
    3. The Subscription Services are accessible from Singapore only, and are restricted to Subscribers with a bona fide registered billing address in Singapore.  ESN makes no representation nor provides any warranty that the ESN Channels or any Content contained in the Subscription Services are suitable for, or are otherwise permitted to be viewed in, any other country.
    4. Each Subscriber acknowledges that it has read and understands the EULA, and irrevocably and unconditionally accepts and agrees to be bound by the EULA, and warrants and represents to ESN that the Subscriber is 18 years of age or older, and satisfies all applicable legal requirements to be legally bound by the EULA.
    5. ESN has contracted a third party (currently Neulion, Inc.) to operate and manage the Subscription Services (including, without limitation, the Subscription Passes).  The payment processing services in respect of the Subscription Services are provided by Neulion Ltd, a subsidiary of Neulion, Inc., for and on behalf of Neulion, Inc., depending on the payment method used for the purchase of any Subscription Pass.
    6. Purchase of, access to, and use of, the Subscription Services may require third party software that is subject to third party licences.  Each Subscriber who purchases a Subscription Pass acknowledges and agrees to automatic receipt and download of, from time to time, updated versions of the Subscription Services and related third-party software.
  2. Definitions
    1. Affiliate” means any related or associate company of ESN including their respective successors, assigns, employees and agents.  For the avoidance of doubt, this includes Neulion, Inc. and Neulion Ltd.
    2. Content” means any and all information, text, audio, music, software, still and moving images, graphics, data, and all other materials of whatsoever nature.
    3. ESN Channels” means the programming channels currently known as ‘ELEVEN’ and ‘ELEVEN SPORTS’, and any other programming channel(s) as may be made available by ESN from time to time.
    4. Personal Data” means data, whether true or not, about an individual who can be identified:
      1. from that data; or
      2. from that data and other information which a party has or is likely to have access.
    1. Subscriber” means any individual who registers a personal Subscription Services account with ESN.
    2. Subscription Passes” means the selection of duration-based Subscription Services which are offered by ESN from time to time for purchase by Subscribers.
  1. subscription passes
    1. The Subscription Services are offered to, and may be purchased by, Subscribers in accordance with, and on the basis of, the Subscription Passes and this EULA.  Each Subscriber who purchases a Subscription Pass is granted a limited, non-exclusive, non-transferable, licence to access and use the Subscription Services and to view the ESN Channels on an Internet linear streaming-only basis in accordance with the terms of this EULA and only during the validity period of the relevant Subscription Pass purchased by the Subscriber.  Except for the foregoing limited license, no right, title or interest of whatsoever nature is transferred to any Subscriber.
    2. ESN reserves the unconditional right to revise, alter or change the Subscription Services (or any part thereof) from time to time including, without limitation, pricing models, payment options, and Subscription Passes offered.  Any changes to Subscription Pass pricing will apply no earlier than thirty (30) days after email notification to each Subscriber who purchased any Subscription Pass which is subject to automatic renewal and billing, and which is subsisting at the time of such change(s).
    3. The availability of the Subscription Services may be affected by a variety of factors including, without limitation, game delays or cancellations, application of any laws and regulations, any judgment or court order, technical problems or network delays, and programme rescheduling.  Subject always to the other provisions of this EULA, in the event any Subscriber’s access to the Subscription Services during the subsistence of its purchased Subscription Pass is materially interrupted or suspended, or otherwise temporarily unavailable, in each case due to any reason not attributed to the Subscriber, ESN may compensate such Subscriber at its sole discretion (including, by way of example only, pro-rated refund of Subscription Pass purchase price, complimentary extension of Subscription Pass, credits, etc.).
    4. Subscription Services account registration is a pre-requisite for the purchase of any Subscription Pass.  Each Subscriber is required to provide accurate and complete personal information for the purpose of purchasing any Subscription Pass including, without limitation, name, address, telephone numbers, e-mail address, credit card / debit card / PayPal information, billing address, and such other information as ESN may, from time to time, require.  Each Subscriber must immediately notify ESN in writing of any change(s) to such personal information.  ESN reserves the unconditional right to deny or otherwise reject any Subscription Services account registration and/or purchase of any Subscription Pass without having to furnish any reason.
    5. Each Subscription Services account is a single-user account, and each Subscriber shall not allow or authorise any third party to purchase, access or use the Subscription Services (or any part thereof) by way of the Subscriber’s Subscription Services account.  Simultaneous logins into any Subscription Services account on more than one device are prohibited.  Each Subscriber may access and use the Subscription Services (or any part thereof) via up to four (4) registered devices, and may change or swap any registered device with another device by logging in to its Subscription Services account.
    6. Each Subscriber may request for upgrade of its purchased Subscription Pass by contacting Customer Support at info@elevensportsnetwork.sg. ESN reserves the unconditional right, at its sole discretion, to accept or reject any such request, and without any obligation to provide any reason(s) for any such rejection.
  2. permitted use
    1. Purchase of, access to, and use of, the Subscription Services (or any part thereof) is restricted to private, personal, and residential use only.
    2. Each Subscriber shall not purchase, access, nor use the Subscription Services (or any part thereof) for any other purpose or in any manner contrary to the foregoing on permitted use including, without limitation and by way of example, any commercial purpose, and shall not display the Subscription Services (or any part thereof) to any open group of people in any place outside of any private residence including, but not limited to, cinemas, theatres, exhibitions, show rooms, hotels, bars, clubs, pubs, restaurants, or other public areas.  The receipt or further transmission of Content and the use of the Subscription Services (or any part thereof) in any such manner and/or for any such purposes is illegal and violates third party rights including but not limited to copyrights and public performance licences.
  3. payment methodS
    1. Payment for the purchase of any Subscription Pass must be made by way of any one of the valid and accepted methods of payment specified by ESN from time to time (“Payment Methods”).
    2. Each Subscriber may purchase a Subscription Pass by following the instructions on purchase, and by clicking on the relevant “Accept”, “Submit”, or similar buttons.  The Subscriber shall provide all relevant personal information (including billing information) to ESN.  The Subscriber shall be liable for all payments in respect of such purchase, at the time of clicking the “Accept”, “Submit”, or similar buttons.
    3. Subject to clause 6 below, each Subscriber who purchases any Subscription Pass which is subject to automatic renewal irrevocably and unconditionally authorises ESN to continue collection of each renewal payment by means of the selected Payment Method unless and until a change to the Payment Method is made by the Subscriber in accordance with procedures stipulated by ESN, or the Subscriber otherwise cancels renewal of the Subscription Pass in accordance with this EULA.
    4. If any payment (including, without limitation, any instalment payment) is not, for any reason whatsoever, made in full, ESN reserves the right to suspend access to, and use of, the Subscription Services (or any part thereof) until such time as such outstanding payment is received by ESN in full.  Notwithstanding the foregoing, each Subscriber remains liable to ESN for any and all outstanding payments.
  4. payment collection and automatic renewal of subscription passes
    1. Unless otherwise expressly stated, payment for each Subscription Pass shall be made in full and in a single transaction at the time of purchase.
    2. Subscription Passes (non-renewal):  The term commences on the date and time of purchase, and the Subscription Services shall automatically terminate upon expiry of the validity period of the Subscription Pass so purchased.  There shall be no automatic renewal of such Subscription Passes.
    3. Subscription Passes (automatic renewal):  The term commences on the date and time of purchase, and shall automatically renew, upon the expiry of the validity period of the Subscription Pass so purchased, for an identical validity period, unless otherwise cancelled by the Subscriber in accordance with the terms of this EULA.
    4. Payment for each renewal of each Subscription Pass (automatic renewal) shall be automatically collected by means of the selected Payment Method, and at any time on or before the date of expiry of each validity period of the Subscription Pass so purchased.
    5. In respect of each Subscription Pass (automatic renewal) full payment of which is to be made by way of periodic instalments, each instalment payment shall be automatically collected by means of the selected Payment Method, and at any time on or before each instalment payment date for such Subscription Pass.
    6. Third party surcharge(s) may be applicable to each purchase of any Subscription Pass (including recurring payment collections) depending on the Payment Method, and each Subscriber is solely responsible and liable for payment of all such third party surcharge(s).
  5. subscriber obligations
    1. Subscribers are solely responsible for any and all activities carried out using their Internet-connected device for the purpose of purchasing, accessing and using the Subscription Services, including taking adequate precautions to safeguard against spyware, malware, viruses, and other electronic threats which circumvent or otherwise prejudice the use and/or functionality of the Subscription Services (or any part thereof).
    2. Each Subscriber shall purchase, access and use the Subscription Services in accordance with all applicable laws, rules and regulations, and instructions issued by, or on behalf of, ESN in respect of the same.
    3. Subscribers shall not, and shall not enable or assist others (whether directly or indirectly) to:
      1. archive, download, reproduce, distribute, modify, display, perform, publish, licence, create derivative works from, offer for sale, or use (except as expressly authorised under this EULA) Content in, or obtained from, or through, the Subscription Services;
      2. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Subscription Services; use any robot, spider, scraper or other automated means to access the Subscription Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Subscription Services; insert any code or product or manipulate the Subscription Services in any way whatsoever; or, use any data mining, data gathering or extraction method in respect of the same; or
      3. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any electronic software or hardware or telecommunications equipment associated with the Subscription Services including, without limitation, any software viruses or any other computer code, files or programs.

ESN reserves the right to forthwith terminate, suspend, or restrict access to the Subscription Services (or any part thereof) by any Subscriber if such Subscriber engages in any of the abovementioned acts or in illegal or fraudulent use of the Subscription Services (or any part thereof).

    1. Each Subscriber is solely responsible for the security and secrecy of its Subscription Services account login identification, password(s), and personal identification number, and shall ensure that such information is not disclosed to any third party.  Each Subscriber is solely responsible for all activities that occur under its Subscription Services account, whether or not such activities are carried out with the Subscriber’s consent and/or knowledge or otherwise.  The Subscriber shall immediately notify ESN in writing of any security breach of its Subscription Services account login identification, password(s) and/or personal identification number, and promptly take such steps as may be specified by ESN in relation to the foregoing matters.  ESN shall not be liable howsoever for any losses arising out of any unauthorised access to, or use of, the Subscriber’s Subscription Services account and any purchased Subscription Pass at any time.
    2. ESN reserves the right to refuse, change or remove any Subscription Services account login identification, password(s) or personal identification number which ESN considers, in its sole discretion, to be inappropriate or offensive.
    3. Each Subscriber is solely responsible for any and all charges for Internet access, data usage, mobile charges and/or any other charges incurred for the purpose of purchasing, accessing and using the Subscription Services (or any part thereof).
  1. content
    1. All copyrights, trademarks, tradenames, logos, service marks and other intellectual property or proprietary rights in the Content contained in, or obtained from, or through, the Subscription Services are the property of ESN, its Affiliates and/or third party licensors.
    2. No license or right is granted to any Subscriber, and each Subscriber’s purchase of, access to, and use of, the Subscription Services (or any part thereof) does not constitute any grant of any license or right, by implication, estoppel or otherwise, to use the trademarks, tradenames, logos or service marks appearing or contained in the Subscription Services (or any part thereof).
    3. All Content contained in, or accessed through, the Subscription Services are provided on an “as is, where is” and “as available” basis, and each Subscriber irrevocably acknowledges and agrees that it accesses and views them at its own risk.  In respect of all such Content, ESN expressly disclaims all warranties of any kind, whether express or implied including, without limitation, implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose, to the fullest extent allowed by law.
    4. ESN makes no warranty or representation as to the programme scheduling (which is subject to change without any prior notification to Subscribers), accuracy, reliability or quality of Content contained in, or accessed through, the Subscription Services, or that any defects therein will be corrected, or that such Content and access to them are error-free and uninterrupted or available at all times.
    5. Each Subscriber irrevocably acknowledges and agrees that:
      1. ESN and its Affiliates do not control any third party Content contained in, or accessed through, the Subscription Services, and do not endorse, guarantee or assume any liability for the programme scheduling (which is subject to change without any prior notification to Subscribers), delivery, performance, accuracy, reliability, integrity, legality or quality of such third party Content;
      2. all Content transmitted or made available through the Subscription Services are the sole responsibility of the person from which such Content originated, and ESN and its Affiliates shall not be liable in any way whatsoever to any Subscriber for any third party Content which is so transmitted or made available via the Subscription Services; and
      3. ESN reserves the right to, at its sole discretion and without prior notice to any Subscriber, modify or deny access to, or remove, any third party Content contained in, or accessed through, the Subscription Services including, without limitation, Content which may be, or is, in ESN’s sole opinion, defamatory, offensive, indecent, objectionable or illegal or infringes (or may infringe) any third party’s intellectual property.
    6. The display quality of the ESN Channels and Content offered via the Subscription Services may vary from computer to computer, and device to device, and may be affected by a variety of factors including, without limitation, available bandwidth, and Internet connection speeds.
  2. privacy policy
    1. Each Subscriber irrevocably acknowledges and agrees that:
      1. the Internet is a volatile environment and is not 100% secure and that there are inherent risks for the protection of Subscriber Personal Data;
      2. ESN reserves the right to, by way of setting cookies, collect data and information on purchase of, access to, and use of, the Subscription Services by Subscribers including, without limitation, IP address, and duration of viewing;
      3. Subscriber Personal Data is collected, used and/or disclosed by ESN and its Affiliates for the purposes listed below:
        1. marketing purposes;
        2. billings, payment and collection purposes;
        3. services improvement and quality assurance;
        4. to investigate any alleged offence, fraud, abuse and/or unlawful use of the Subscription Services (or any part thereof) so as to protect the rights or property of ESN and its Affiliates, or those of other Subscribers; and
        5. to comply with any court order, subpoena, applicable law, regulation, or governmental requests.
      4. ESN and/or its Affiliates may transfer Subscriber Personal Data to any location outside of Singapore.  In doing so, ESN would comply with the provisions of the Personal Data Protection Act 2012 of Singapore.  Subscribers may at any time contact ESN to request in writing ESN to stop sending marketing messages.
  3. cancellation of subscription Passes
    1. Each Subscriber may cancel renewal of its purchased Subscription Pass (automatic renewal) by notifying ESN in writing no later than two (2) business days prior to the date of expiry of any validity period for the same, and such Subscriber shall continue to have access to, and use of, the relevant Subscription Services until the end of the validity period of the purchased Subscription Pass during which such written notice of cancellation is sent to ESN, at which time the Subscription Pass will be terminated.
    2. Subscription Passes (non-renewal) may not be cancelled.
    3. For the avoidance of any doubt and regardless of the date when written notice of cancellation is sent to ESN, no refund will be made, or credits given, in respect of any such cancellation by a Subscriber, other than at the sole discretion of ESN.
    4. To cancel renewal of any subsisting Subscription Pass (automatic renewal), a Subscriber must notify ESN in writing by email to Customer Support at info@elevensportsnetwork.sg
  4. Breach of EULA
    1. In the event any Subscriber breaches any of the provisions of this EULA, ESN reserves the right, in its sole discretion and without prior notice to such Subscriber, to restrict, suspend or terminate such Subscriber’s Subscription Services account and/or access to the Subscription Services (or any part thereof including, without limitation, any subsisting Subscription Pass).
    2. Notwithstanding clause 11.1, ESN reserves the unfettered right, in its sole discretion, to refuse and/or reject any Subscription Services account registration, and any purchase, or attempted purchase, of any Subscription Pass, and without any obligation to provide any reason(s) for such refusal and/or rejection.
  5. indemnity
    1. Each Subscriber hereby indemnifies, and holds harmless, ESN, its Affiliates, officers, directors, employees, contractors and agents on demand from and against any and all losses, damages, costs, judgments, penalties, liabilities, penalties, and expenses of any nature whatsoever (including, without limitation, legal fees and disbursements) obtained against, imposed upon, incurred or suffered by any of them and arising from, and/or in connection with, the Subscriber’s purchase of, access to, and use of, the Subscription Services (or any part thereof), or any breach by the Subscriber of this EULA.
  6. limitation of liability
    1. Each Subscriber irrevocably acknowledges and agrees that ESN, its Affiliates, officers, directors, employees, contractors and agents will not be liable howsoever for any direct, indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including, but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if ESN, its Affiliates, officers, directors, employees, contractors and agents have been advised of the possibility of such damages) suffered or incurred by any Subscriber, whether based on contract, tort, negligence, misrepresentation, strict liability or otherwise, and arising from, and/or in connection with:
      1. the purchase, access and use of, or inability to purchase, access and/or use, the Subscription Services (or any part thereof);
      2. unauthorised purchase of, access to, and use of, the Subscription Services (or any part thereof) by means of any Subscriber’s Subscription Services account; or
      3. any other matter howsoever relating to the Subscription Services (or any part thereof).
    2. Each Subscriber irrevocably and unconditionally waives and renounces any and all rights, claims and demands of whatsoever nature against ESN, its Affiliates, officers, employees, contractors and agents in respect of any liabilities, losses (including without limitation special, indirect or consequential losses), damages, rights, claims or actions of any kind whatsoever which may be suffered and/or incurred by the Subscriber and arising from, and/or in connection with, purchase of, access to, and use of, the Subscription Services (or any part thereof).
    3. Notwithstanding any other provision in this EULA, the aggregate liability of ESN arising out of or in connection with this EULA whether arising from contract, tort, negligence or otherwise shall be limited to the actual amounts which had been paid by a Subscriber to ESN for the purchase of a Subscription Pass at the time when the event giving rise to the liability occurred.
  7. governing law and jurisdiction
    1. Each Subscriber’s purchase of, access to, and use of, the Subscription Services, and this EULA, shall be governed by, and construed in accordance with, the laws of Singapore.  Each Subscriber hereby irrevocably submits to the exclusive jurisdiction of the courts of Singapore.
  8. general
    1. No delay, indulgence or omission in exercising any right, power or remedy by ESN under this EULA or by law shall operate to impair, or be construed as a waiver of, such right, power or remedy or of any other right, power or remedy of ESN.
    2. Each Subscriber shall not assign at law or in equity (including by way of a charge or declaration of trust), sub-license, transfer, charge or deal in any other manner any rights or obligations under this EULA, or sub-contract any or all of its obligations under this EULA or purport to do any of the same.
  9. customer support
    1. To find more information about our service and its features or if any Subscriber requires assistance with its Subscription Services account or any purchase of any Subscription Pass, please contact info@elevensportsnetwork.sg
    2. If a Subscriber has any questions or concerns regarding the Subscriber’s Personal Data that the Subscriber may have provided to ESN or wishes to stop receiving marketing messages, the Subscriber may contact ESN at info@elevensportsnetwork.sg