Strive is being delivered to users and subscribers (“you” or “your”) by a digital platform provided by Strive Scandinavia Ltd. (“IMG” or “we” or “our”). We are a company registered in England and Wales (company number 11508680), our registered office and address for correspondence is: Building 6, Chiswick Park, 566 Chiswick High Road, London, United Kingdom, W4 5HR.
IMG’s delivery of Strive gives you the opportunity to select from various offerings of live and on-demand programming, including television shows, clips, and other audiovisual content (collectively, the “Content”).
1. DESCRIPTION OF SERVICE
The Strive platform, the Content, IMG’s player for viewing the Content (the “Video Player”) and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by IMG through a variety of Access Points (defined below) are referred to collectively as the “Services.” The term “Access Points” refers to, collectively, the Strive website (the “Strive Site”), applications, and other places where any Services are available, including websites and applications of IMG’s third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.
5. COMMUNICATION PREFERENCES
By using the Services, you consent to receiving electronic communications from IMG relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Services, or in the “Your Account” page and will include notices about your account (for example, payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with IMG. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication and notice requirements, including that such communications and notices be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Strive features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the “Your Account” page on the Strive Site to manage your communications or use the “unsubscribe” link at the bottom of our communications.
6. ACCESS AND USE OF THE SERVICES
A. Age Limitations You must be eighteen (18) years of age or over to create an account, and you confirm that you are legally capable of entering into binding contracts.
B. Limited License The Services and any Content viewed through our service are for your personal and non-commercial use only. During the term of your membership, we grant you a limited, non-exclusive, non-transferable, license to access the Services and view the Content through the Services, including accessing and viewing the Content on a streaming-only basis through the Access Points. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription. Except for the foregoing limited licence, no right, title or interest in the Services will be transferred to you. You agree not to use the Services for public performances.
C. Geographic Limitations and Simultaneous Streaming You may view the Content through the Services primarily within the country in which you have established your account and only in geographic locations where we offer our Services and have licensed such content. The content that may be available to watch will vary by geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to the “Your Account” page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
D. Compatible Devices In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Please note that Compatible Devices may vary by service. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of your subscription.
E. The Content
ii. Internet Service, Data Usage, and Content Quality In order to access the Services, you must have a high-speed broadband, wireless or similar Internet connection from an Internet service provider that meets certain technical specifications. IMG uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your Internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content depends on your Internet service and device capabilities. You are responsible for all Internet access and data charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes you to begin playing Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, IMG is unable to make any warranties about the Content in these respects.
iii. Explicit Content By using the Services, you may encounter Content that may be offensive, indecent or objectionable; save to the extent that we are required to do so by law, this Content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Services at your sole risk, and IMG has no liability to you for any Content. Content types, genres, categories, and descriptions are provided for convenience, and IMG does not guarantee their accuracy. You bear sole responsibility to ensure that explicit Content is not accessed by persons below eighteen (18) years of age.
F. The Video Player You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
H. Changes to the Services We continually update the Services, including the Content that is available. In addition, we continually test various aspects of the Services, including our website, user interfaces, service levels, plans, promotional features, availability of the Content, delivery and pricing. We reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Services. We make no guarantee as to the availability of specific content or the minimum amount of content available in any subscription.
7. SUBSCRIPTION, FREE TRIALS, BILLING AND CANCELLATION
i. Ongoing Membership Your Strive membership will be based on a monthly, quarterly, semi-annual, annual, or other designated period (a “Period”) unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Services. All memberships must be pre-paid with the amount due for the entire applicable Period. We will bill the membership fee to your Payment Method on the first day of each new Period for an amount covering the entire Period. In respect of rolling membership or subscription offerings, you must cancel your membership before it automatically renews at the end of each Period in order to avoid billing of the next Period’s membership fees to your Payment Method. Your membership can be cancelled at any time prior to the beginning of the next Period. As regards to subscriptions based on a longer period than a three (3) months, we will remind you of the renewal at least thirty (30) days in advance by sending you an e-mail. Some Strive memberships may cover a finite, fixed Period (a “Fixed Period Membership”) which will not automatically renew (such as, for example, a membership for the duration of a league). Such Fixed Period Memberships may be made available for a one-off, fixed membership fee and, to the extent permitted by applicable law, no discount or refund will be available if you purchase such Fixed Period Membership at any point after such fixed Period has commenced. The pricing for subscriptions or memberships includes VAT and/or other sales taxes. Where applicable, such taxes will be collected by the party with whom you transact for the Services, which may be IMG or a third party.
B. Free Trials Your Strive membership may start with a free trial. The free trial period of your membership typically lasts for seven (7) days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. IMG reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for membership fees for the Period at the end of the free trial period of your membership and your membership will automatically renew on the first day of each new Period unless your membership is a Fixed Period Membership or you cancel your membership prior to the beginning of the new Period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one Period of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
Visit the “Your Account” page on the Strive Site to find cancellation instructions. We will continue to bill your Payment Method at the beginning of each new Period for your membership fee until you cancel.
C. Billing and Cancellation
i. Recurring Billing By starting your Strive membership and providing or designating a Payment Method, you authorize us to charge you a membership fee at the beginning of each Period or the date of sign-up to the Fixed Period Membership (as applicable) for the current rate of the entire Period, and any other charges you may incur in connection with your use of the Services, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each period may vary from Period to Period for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, increased subscription fees or pricing, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed each Period in one or more charges.
v. Payment Methods You may edit your Payment Method information by visiting the “Your Account” page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
vii. Cancellation Unless your membership is a Fixed Period Membership, you may also cancel your Strive membership at any time following the expiry of the period referred to in section vi, above, and you will continue to have access to the Services through the end of your applicable billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL- MEMBERSHIP PERIODS OR UNWATCHED CONTENT. To cancel your rolling membership, go to the “Your Account” page on the Strive Site. If you cancel your rolling membership, your account will automatically close at the end of your current billing Period. If you signed up for Strive using your account with a third party as a Payment Method, and wish to cancel your Strive membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Services through that third party. You may also find billing information about your Strive membership by visiting your account with the applicable third party.
8. ACCOUNT ACCESS AND PASSWORDS
9. USE OF INFORMATION SUBMITTED
To the extent permitted by applicable law, IMG is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”) or Posts (as defined below), including responses to questionnaires or through postings to the Services, including the Strive Site and user interfaces, worldwide and in perpetuity or at least for a period of 10 years without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. In addition, you agree to waive any "moral rights" in and to the Feedback and Posts, to the extent permitted by applicable law. Please note IMG does not accept unsolicited materials, concepts or ideas for the Content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to IMG. Should you send any unsolicited materials, concepts or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and, to the extent permitted by applicable law, you are waiving any claim against IMG and its affiliates regarding the use of such materials, concepts and ideas, even if material, concept or an idea is used that is substantially similar to the material, concept or idea you sent.
10. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Services. These Applications may import data related to your IMG account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and IMG is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY IMG AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
12. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
(i) If the Content is faulty, you are entitled to request that it is repaired or replaced;
(ii) If the fault cannot be fixed within a reasonable time, you may be entitled to receive a full or partial refund of any fees paid (if any); and
For more information, please visit their website: www.konsumentverket.se. You can contact The Swedish Consumer Agency by sending an email to email@example.com or by telephone +46 (0) 771 – 42 33 00. If you are a EU citizen, you have the statutory right to refer all disputes that may occur to the EU Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr/main/?event=main.home.show. You can also submit a complaint to the Swedish National Board for Consumers Disputes (Sw; Allmänna reklamationsnämnden) at www.arn.se. To use an alternative dispute resolution to try to reach an out-of-court settlement, is usually easier, quicker and cheaper than initiation a legal action in court.
13. LINKED DESTINATIONS AND ADVERTISING
15. INTELLECTUAL PROPERTY
A. Copyright The Services, including all Content provided on the Services, are protected by copyright, trade secret or other intellectual property laws and treaties.
B. Trademarks Strive, IMG, the IMG logo, the Strive logo, and other IMG marks, graphics, logos, scripts, and sounds are trademarks of IMG and its licensors. None of the IMG trademarks may be copied, downloaded, or otherwise exploited.
16. NOTICE AND PROCEDURE FOR CLAIM OF COPYRIGHT INFRINGEMENT
If you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you should notify IMG of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that IMG receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to IMG’s copyright agent at firstname.lastname@example.org (subject line: "DMCA Takedown Request"). You may also contact us by mail at: Attention: Copyright AgentStrive Scandinavia Ltd.Address: Building 6, Chiswick Park, 566 Chiswick High Road, London, United Kingdom, W4 5HR To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable IMG to identify and locate the material; (iv) how IMG can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to email@example.com for purposes other than communication about copyright infringement may not be answered.
17. LIMITATION ON TIME TO BRING A CLAIM
18. GOVERNING LAW & JURISDICTION
19. INTEGRATION, AMENDMENT, SEVERABILITY
© 2018 Strive Scandinavia Ltd. and its licensors.ALL RIGHTS RESERVED