1.1. This software application and associated content and services (collectively the “App”) is owned, operated and licensed by MUTV Limited. The App is made available by via various application stores and/or third party platforms (“App Stores”).
1.2. By downloading, using and/or accessing the App, you are confirming to us that you are aged 18 or over and have read and agree these terms and conditions, and that if you are aged under 18, your parent or legal guardian has read and agrees to these terms and conditions on your behalf. As these terms and conditions form a legal agreement between us and you, please take time to read and understand them.
1.4. You understand and agree that we may add to or change these terms and conditions at any time. New terms are effective immediately and may be notified to you either by way of an update to these terms and conditions or in the relevant parts of the App. Whether new terms are notified to you or not, your continued use of the App shall constitute on-going acceptance of the updated terms and conditions. We therefore recommend that you check these terms and conditions regularly.
1.5. The App may be subject to territorial or time period restrictions. Your access to the App and/or content within it may depend on your location, for example if you are accessing content from a territory other than the territory in which your App Store account is held then certain content may not be available to you. Your access to the App and/or content within it may depend on certain time restrictions (for example, certain content may only be available during or for certain events or tournaments (including, for example, single football seasons)).
1.6. If you do not agree with these terms and conditions, please do not download or use the App.
1.7. If you have any questions about the App, please contact us at email@example.com
1.8. In these terms and conditions: "we/us/our" means MUTV Limited (a company registered in England and Wales under company number 03418853 with its address at Sir Matt Busby Way, Old Trafford, Manchester M16 0RA) and VAT number GB 561 0952 51; and "you/your" means, you, the subscriber to or user of the App.
2. Using the App
2.1. The App is accessible to users who have downloaded the App onto their personal hardware (such as a mobile device or smart television) from an App Store. The App itself may be downloaded free of charge, or may be subject to purchase. Additionally, whilst certain features of the App may be accessed without additional charge once the App is downloaded, other content, services and features within the App (“Premium Content/Services”) may only available via further subscription and/or one-off payments.
2.2. Downloading of the App requires an account with your App Store (“Your App Store Account”). Your purchase of and/or access to the App and/or any further content and/or services may be facilitated by and/or transacted through Your App Store Account. In addition to these terms and conditions, you are subject to and required to comply with the requirements and any usage rules set out in any agreement to which you are a party with your App Store in respect of Your App Store Account, the App and any purchases relating to the App. Even though you may download and acquire the App through an App Store, you agree that we may: (i) enforce these terms and conditions against you directly; and (ii) benefit from, rely on and/or enforce against you directly the terms of any agreement between you and any App Store, including in connection with the use of an App.
2.4. You may also be asked to select a username and password for identification purposes, whether or not a subscription is required to access the App and/or Premium Content/Services. You must not use any username that violates any provision of these terms and conditions. The decision to register a username is at our discretion and we reserve the right to revoke your username and/or password, and/or require you to choose a different username and/or password at any time.
2.5. You may also be asked to complete additional verification procedures from time to time in order to access certain Premium Content/Services from a country other than the country in which Your App Store Account is held or registered.
2.6. You are responsible for maintaining the confidentiality of Your App Store Account and registration information provided to us, including your password, and you are solely responsible for all activities that occur under Your App Store Account, and for any access to or use of the App by you or any person or entity using your username and/or password, whether or not such access or use has been authorised by you.
2.7. Should you become aware that another person knows your password (or you become aware of any other security breach) you should inform us and change your password immediately.
2.8. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these terms and conditions. The App is to be used by only one individual per username, and on one device at any time.
2.9. All information which you provide us in connection with the App must be at all times true, accurate, current and complete. If we suspect or find out that any information is untrue, inaccurate, out-of-date or incomplete then we reserve the right to suspend or terminate your use of the App and/or any Premium Content/Services.
3.1. If a payment is required to download the App, this will ordinarily be done via Your App Store Account.
3.2. Where the App offers any Premium Content/Services, we will determine whether such Premium Content/Services can be purchased by: (a) making payment to a third party appointed by us; or (b) making payment via Your App Store Account.
3.3. You will be automatically charged for the App and/or Premium Content/Services at the time of purchase (if purchase is required).
3.4. Unless we tell you otherwise, where payment is required to access the App and/or Premium Content/Services, you will get access straight away upon payment. Where you purchase a subscription to Premium Content/Services, this will automatically renew for consecutive subscription periods, provided you have paid the relevant subscription fee in advance and you are otherwise acting in accordance with these terms and conditions. We may increase the subscription fee at any time. When we do so, we will aim to give you at least one month's notice. Any increase in the subscription fee will not apply to your current subscription period. If you do not agree to such increase, please cancel your subscription before your next subscription period is due to start using the cancellation process in the App. Please contact to firstname.lastname@example.org if you are unsure how to do this.
3.5. Where we use a third party payment provider to collect payment on our behalf, we will let you know who they are and they will ask you for the information they need to collect and process that payment from you as part of the purchase/registration process within the App. If you subscribe to and pay for Premium Content/Services via your App Store, Your App Store Account will be charged the applicable payment.
3.6. Any conditions on your access to Premium Content/Services (including for example the duration of use, subscription periods, price and any other conditions) will be stated on the App and/or the App Store. Such terms will apply in addition to these terms and conditions.
3.7. Payments for Premium Content/Services are non refundable except as allowed under these terms and conditions and/or (if applicable) the App Store terms.
3.8. Our prices include VAT and any other applicable sales tax.
3.9. If we offer any promotions or special offers at any time, these terms and conditions will be deemed amended to take into account the terms and conditions of that special offer.
3.10. We use our best efforts to ensure that the price for Premium Content/Services advised to you is correct. Where, in spite of this, prices are obviously displayed in error, or you could reasonably be expected to know such prices are incorrectly priced, we reserve the right to refuse or cancel your purchase provided we refund any incorrectly priced sums paid by you.
3.11. You may have a pre-existing subscription with a website or other Manchester United related product and/or service (“Pre-Existing Subscription”). In certain instances you will be able to access Premium Content/Services via the App in connection with your Pre-Existing Subscription without the need for further payment. If this is the case you will be informed when downloading the App and/or when attempting to access Premium Content/Services via the App. You will then have the option to verify your Pre-Existing Subscription to gain access to Premium Content/Services via the App.
4. Single sign-in and integration with third party services
4.1. From time to time the App may integrate with other services or platforms (whether offered by us or third parties), for example the official Manchester United website and retail platforms, Facebook or Twitter. We may facilitate sign-in via these services or other shared functionality.
4.2. Third party services and platforms will generally require you to have a separate account or registration with them. The terms on which those third party services and platforms engage with you, and share information or data with the App or us is specific to them and you. You should make yourself aware of their own terms and conditions before you associate your activity on the App with those third party services and platforms.
5. Virtual Items
5.1. The App may include access to virtual currency, such as cash, coins, points or similar (“Virtual Currency”) that may be earned or obtained, or purchased by you with real money. The App may also include access to virtual items, such as goods, tokens or abilities (“Virtual Goods”) that may be earned or obtained, or purchased by you for real money, or for Virtual Currency, subject to applicable law. Together Virtual Currency and Virtual Goods shall be known as “Virtual Items”.
5.2. We reserve the right, at any time and at our sole discretion, to manage, regulate, control, modify or eliminate Virtual Items as we see fit, and we shall have no liability to you or any third party for the exercise of such rights. You have no other right, title or interest in or to any such Virtual Items appearing or originating in the App.
5.3. The transfer of Virtual Items is strictly prohibited except where expressly authorised in the App. Outside the App, the Virtual Items have no value and we prohibit and do not recognise any purported transfers of Virtual Items made outside of the App, or the purported sale, gift or trade outside of the App of anything that appears or originates in the App. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the App. Any such transfer or attempted transfer is prohibited and void, and in such circumstances we reserve the right to suspend or terminate your use of the App and/or any of the content within it.
5.4. All “sales” of Virtual Items are final and, except as determined by us in our sole and absolute discretion, non-refundable. You acknowledge and agree that upon termination of these terms and conditions or withdrawal of the App for any reason, all Virtual Items will be forfeited by you, and we will have no liability to you in connection with such Virtual Items.
6. Use of the App
6.1. The App and all content and/or features within the App is owned by or licensed to us and all rights in and to the App and such content and/or features are reserved to us. These terms and conditions do not grant you any right, title or interest in the App and/or the content and/or features within the App. Your rights shall be limited to accessing the App and such content and/or features for personal, non-commercial use in accordance with these terms and conditions.
6.2. Examples of things you do not have permission to do (and do not have permission to allow any other person to use your access to the App to do) include: (a) showing any content from the App in public, regardless of whether you charge an audience to watch it; (b) accessing and/or using the App for any unlawful or improper purpose; (c) altering, disassembling, decompiling or reverse engineering any part of the App and/or any content and/or features; and/or (d) copying, renting, selling, reproducing, broadcasting or otherwise transmitting or making available to the public the App and/or any content and/or features within the App except, in the very specific, limited, circumstances, where you are legally entitled to do so.
6.3. You further acknowledge that all rights to use the App are granted subject to and conditional upon the rules, regulations and/or requirements of: (i) any league, organisation or competition of which Manchester United is a member or participant from time to time; and/or (ii) any governing body or other organisation or body which oversees any league, organisation or competition of which Manchester United is a member or participant from time to time. We may make changes to the App as a result of such rules, regulations and/or requirements.
6.4. When accessing and using the App you must do so in compliance with all applicable laws and regulations in the country from which you access the App. You must also follow our reasonable instructions and requirements in relation to how you use the App.
6.5. From time to time, we (or selected third parties) may include competitions, prize promotions, draws or other offers on the App. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.
6.6. We recommend that you back up any content (including User Content) and data used in connection with the App, and we are not responsible for your failure to do so.
7. User Content
7.1. The App may offer opportunities for you to transmit messages or submit content in connection with various features including email, messages & chat. Any content submitted will be known as “User Content”.
7.2. We will decide in each case whether and the methods by which it is appropriate to moderate User Content. However, we are under no obligation to oversee, monitor or moderate any User Content on the App, and we expressly exclude our liability for any loss or damage arising from User Content.
7.3. The use of any of User Content features by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to access User Content features that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any User Content features should be made aware of the potential risks to them.
7.4. Where we do moderate User Content, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
7.5. You must use User Content features in a responsible manner, and are solely responsible for any content you transmit or submit.
7.6. You must not transmit or submit any User Content that may: (a) be unlawful, offensive, pornographic, profane, sexually explicit or indecent; (b) constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law; (c) infringe the rights of third parties including, without limitation, copyright, trademarks, patents, rights of privacy or publicity or any other proprietary right; (d) contain any information, software or other material of a commercial nature or contain advertising, promotions or commercial solicitations of any kind; (e) expressly or impliedly suggest any commercial association with or endorsement by Manchester United of any products and/or service; and/or (f) impose an unreasonable or disproportionately large load on the App’s infrastructure, or otherwise adversely affect, restrict or inhibit any other user from using and enjoying the App.
7.7. Failure to comply with our User Content standards may result in us suspending or terminating your use of the App and/or any content and/or features within the App.
8. Intellectual Property Rights and Data
8.1. We are the owner or the licensee of all intellectual property rights in the App and in the content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved to us and our licensors.
8.3. You retain ownership of any User Content you post. By posting any User Content, you are granting to us a perpetual, royalty-free, non-exclusive, and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform or display such content, in whole or in part, in any form, media or technology known or hereafter developed.
8.4. We have the right to store any content, including User Content, and at our discretion to make available any such content on the App, in each case indefinitely. However, we are not obliged to make available or otherwise exploit any such content. If we do make any User Content available on the App, this does not constitute endorsement of such User Content and you are responsible for the consequences of us making your User Content available. You acknowledge that we are not required to keep any User Content confidential.
8.5. If you are a rights owner (or an agent acting for a rights owner) and believe that any content made available through the App infringes your rights and you wish us to remove it, suspend it or disable access to it, please send a notice by email with the subject line ‘Removal Request’ to email@example.com. In your email please provide us with details of the content that you claim is infringing together with information sufficient to enable us to locate the content.
9. Updates to the App
9.1. We reserve the right to change: (i) the presentation, features, functionality and/or content of the App; and (ii) any third party that we engage to provide any aspect of App, provided we shall use reasonable endeavours to ensure that any such change of third party shall not adversely impact you and/or the continued provision of the App to you in a material way.
9.2. In order to keep the App up-to-date, we may offer automatic or manual updates at any time and without notice to you. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.
10. Access to the App
10.1. You are responsible for ensuring that you have and maintain all the hardware and software necessary to access the App and/or Premium Content/Services. You will also need access to the internet via a broadband connection or a 3G or 4G mobile network to stream audio-visual content. We recommend a minimum of 2.4 Mbps to stream audio-visual content via broadband and remind you that your streaming rates depend on the network load in the home and the number of users using the broadband connection at the same time. For streaming audio-visual content via a 3G mobile network, you will need a connection speed of at least 300 kbps and this may increase to around 700 kbps depending on the type of audio-visual content you are accessing and the device you are using.
10.2. You will be responsible for the payment of all charges from your broadband and/or mobile network provider(s). You are reminded that streaming audio-visual content and downloading mobile applications can use up a lot of data so you will need to check that your data allowance is adequate for your use of the App (including by downloading the App) via a mobile network.
10.3. We continually review the technology used to deliver the App and Premium Content/Services and this may mean that we stop supporting certain devices and/or operating systems. It is your responsibility to ensure that you have a compatible browser and/or device required to access the App and Premium Content/Services.
10.4. Similarly, device manufacturers make updates to their devices which may not always be compatible with the App. This is something which we have no control over. For security reasons, where certain device operating systems have been removed or tampered with, it is possible that certain content, features and/or the App may not be accessible.
11. Your indemnity to us
11.1. You agree to indemnify us and our group companies and our respective directors, officers, employees and agents, as well as our partners, licensors and suppliers from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of: (a) any misrepresentation, act or omission made by you in connection with your use of the App; (b) any non-compliance by you with these terms and conditions; and/or (c) claims brought by third parties arising from or related to your access or use of the App or Premium Content/Services.
12. Our liability to you
12.1. To the maximum extent permitted by applicable law, you expressly agree that your use of the App is at your own risk. The App (including for the avoidance of doubt, Premium Content/Services) is provided on an “as is” and “as available” basis for your use, and to the extent permitted by applicable law, we hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the App.
12.2. To the maximum extent permitted by applicable law, we do not represent or warrant that access to the App will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted via the App. We do not guarantee that you will be able to access or use the App at times or locations of your choosing, or that we will have adequate capacity for the App as a whole or in any specific geographic area.
12.3. To the maximum extent permitted by applicable law, we exclude all liability for any amount or kind of loss or damage and any direct, indirect, special, consequential or punitive damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to: (a) business interruption arising from your use of the App, Premium Content/Services; and/or (b) for any other claim (whether in tort (including without limitation negligence), contract or otherwise, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such loss or damages damages) related in any way to your use of the App or Premium Content/Services, including for: (i) viruses alleged to have been obtained from the App or Premium Content/Services; (ii) your use of or reliance on the App, Premium Content/Services; or (iii) any of the information or materials available on the App.
12.4. To the extent there is any liability on us, except where restricted by applicable law, this shall be limited to the amount paid by you for your purchase of the App and/or for your access to Premium Content/Services that directly gave rise to the relevant claim. If you have not paid any amounts in connection with the App and/or Premium Content/Services, you acknowledge that your sole and exclusive remedy in respect of such claim is to cease using the App and/or accessing Premium Content/Services. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit out liability as set out in these terms and conditions, the scope of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
12.5. Nothing in these terms and conditions in any way limits our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any other matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
12.6. The App may include links to websites and resources operated by third parties including advertisers and other content providers. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Those sites and resources may collect data or solicit personal information from you. We are not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those websites or resources may collect. Linking to any other service, website or resource from the App is at your own risk.
12.7. If our performance of these terms and conditions is prevented or delayed in a material way by an event outside our control then we may contact you as soon as possible to let you know and we will take steps to minimise the effect of occurrence. Provided we do this we will not be liable for prevention or delays caused by the event but, if there is a risk of substantial prevention or delay and you have purchased a subscription which you have not received full benefit, you may contact us to end the contract for such subscription and receive a pro-rata refund for the same.
13.1. If any part of these terms and conditions are found unlawful or unenforceable, they will be deemed deleted. Nothing shall affect the validity of the rest of the terms and conditions they will continue to apply to you.
13.2. This agreement between you and us is personal to you and no third party is entitled to benefit from it.
13.3. You are free to stop using the App at any time. We reserve the right to suspend or terminate your use of and/or access to the App (and any content and/or features within the App) at any time in our discretion.
13.4. Despite section 13.2, these terms and conditions are for our benefit and for the benefit of our group companies, each of which shall have the benefit of and shall be entitled to enforce these terms and conditions. Our group companies shall not be considered to be third parties for the purposes of these terms and references to “we”, “us”, “our” etc. in these terms and conditions are deemed to include our group companies. However: (i) MUTV Limited does not need the consent of any of its group companies to vary these terms and conditions; (ii) any notices to be provided to MUTV Limited under these terms and conditions are not required to be issued to our group companies as well; and (iii) you may only enforce these terms against MUTV Limited (and not against any of our group companies).
13.5. We are free to transfer our rights and obligations under these terms and conditions to any company or person. You must not transfer any of your rights or obligations to anyone else.
13.6. These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
13.7. You accept the jurisdiction of the English courts over any proceedings arising from, or related to, these terms and conditions, such that any proceedings by you and/or against us shall only be brought in the English courts (and, to the extent permitted by law, you agree not to argue that the courts of England are not an appropriate forum to hear and determine such claim). Notwithstanding the foregoing: (i) nothing in these terms and conditions will prevent us from taking proceedings against you in any other court of competent jurisdiction; and (ii) the taking of proceedings by us in any one or more jurisdictions will not preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.