Terms and Conditions
1. Who are we and what is Valcome.TV?
1.1. Valcome.TV is hosted by and provided to you by Valcome Analytics GmbH. For further information, see the “About” section on our website.
1.2. Valcome Analytics GmbH provides a web-based service, primarily offering live streaming of sporting events. We reserve the right to make selected contents available on demand or offer additional compositions, such as highlight reels or compilation features made of sequences from different events, interviews, or promotional content from some of our advertising partners. The Content is usually subject to certain restrictions (including, but not limited to, certain territorial restrictions). You will be informed about these applicable restrictions before entering any contract and about changes in these restrictions via email.
1.3. Unless explicitly stated otherwise, Valcome Analytics GmbH is not the producer of any content presented on the service and is not responsible for the contents. Valcome Analytics GmbH only shares streams from sporting events that are produced by third parties such as sports clubs, sports leagues or sports associations. It allows users of Valcome.TV to access this third-party content through the platform.
1.4. Valcome Analytics GmbH and its parent company or other affiliates shall not have any liability to you for any delay or failure to deliver Valcome.TV to the extent that such delay or failure arises from causes beyond the reasonable control of us or any third-party rights holder. These causes include the failure of electronic or mechanical equipment or communication lines, third-party action (including cyber-attacks on our service and temporary shutdowns prompted by such events), connection problems, operator errors, fire or natural events such as severe weather conditions or floods, acts or regulations of any regulatory, governmental or supranational authority, war, riots, pandemics and the cancellation or postponement of any event.
1.5. Our Content may be accessed from different countries, with the exception of territorial restrictions being applied by the licensor (such as leagues, sports federations or clubs) or other parties to certain events or contests. You will be informed about these applicable restrictions before entering into any contract and about changes in these restrictions via email.
1.6. We offer our services in one variation:
1.6.1. This option allows you to purchase live access to a single event or a specific package of events, such as tickets for a game series or a season ticket for a club or league (“ticket”).
For details regarding the pricing, please see the specifics of your subscription or ticket. These Terms & Conditions apply to all contracts you enter into with Valcome.TV, whether you purchase a ticket.
1.7. Please note that we make these Terms & Conditions available to you before you subscribe to our service, purchase tickets or enter into any other kind of contract with Valcome Analytics GmbH. Your acceptance of these Terms & Conditions is a necessary prerequisite for any usage of our services.
1.8. Valcome Analytics GmbH and any content presented through Valcome.TV are for personal and non-commercial use only. If you purchase tickets to selected events, we grant you a limited, non-exclusive, non-transferable licence to access Valcome.TV and to view the content you purchased access to on a live streaming-only basis. We reserve the right to make selected contents available on demand or offer additional compositions, such as highlight reels or compilation features made of sequences from different events, interviews, or promotional content from some of our advertising partners.
1.9. We do not transfer any rights to you to share, sub-licence or make available any content to third parties. You agree not to use our service for public performances or make them available publicly in any other way. You agree to use Valcome.TV for non-commercial purposes only and you are prohibited to use it in any way to make any gain, whether financial or otherwise. You will not allow any other person to use the service in such a way.
1.10. Any access to our content is conditional on all required payments, of which you will be informed before entering or concluding the ticket purchase. If payment is not successful or your payment information becomes invalid, we reserve the right to terminate your access to our content without a notice period. In case of such an event, we will inform you by email.
2. PLEASE READ CAREFULLY: Right of Withdrawal (Consumer Protection laws)
2.1. Right of Withdrawal
Generally, consumer protection laws give you the right to withdraw from any contract within 14 days without giving any reason, starting on the day of conclusion of the contract. In order to exercise your right of withdrawal, please send us, Valcome Analytics GmbH, Im Bäckerfeld 12a, 4060 Doppl, Austria, a message (via regular mail or email: firstname.lastname@example.org). The deadline is met if you post the notice of withdrawal prior to the expiry of the 14-day period.
2.2. Consequences of Withdrawal
If you withdraw from the contract, we will refund all payments which we have received from you via the same payment method used for your initial payment, unless we agree on another method. Refund shall be facilitated without undue delay and no later than 14 days after receipt of your notice of withdrawal. Refund is free of charge by us, however, charges by the payment service provider of your choice may apply.
2.3. Expiration of the Right of Withdrawal
In case of a contract for the supply of digital content that is not contained in a tangible medium, the right of withdrawal expires as well if we have already started with the performance of the contract after you (i) have expressly consented to us beginning with the performance of the contract prior to expiry of the withdrawal period, and (ii) have acknowledged that by your consent, you lose the right to withdraw from the contract upon the performance of the contract having commenced.
3. Payment and billing
3.1. All prices made public include taxes applicable at the respective jurisdiction (such as VAT and comparable taxes).
3.2. You are fully responsible for all charges relating to and equipment required for use of Valcome.TV. In particular Valcome Analytics GmbH is not liable for any costs for data traffic or other costs pertaining your internet plan, mobile data service plan or hardware. Please contact your internet service provider, mobile service provider or IT service provider for further details.
3.3. Payments must be made by credit card, PayPal, or immediate transfer. You confirm that any means of payment that you use is either yours, or that you have the authorization of the card or account holder to use it. Using certain payment methods may result in fee charges or taxes. Please check with your payment service provider for details. We reserve the right to refuse to accept payments at our reasonable discretion.
3.4. The fee for a single event ticket will be billed immediately upon the ticket purchase. Tickets are only available for purchase on the day and a day the before the event is planned to be held. Any delay or cancellation of the event itself does not affect the validity of the purchase. If the event is delayed or moved to another time-slot or date, for example by the participating clubs, associations, leagues or other stakeholders, the ticket you purchased shall stay valid for the event and you may access the event at the new time-slot. If an event, you purchased a ticket for, is cancelled for good, you are entitled to receive a voucher for a similar event suggested by us or a refund, facilitated pursuant to Section 2.2.
3.5. Please be cautious with messages or alerts requesting that you enter payment or account information or submit such information via email or other message services. Please only access your sensitive account information by going directly to our website and not via hyperlink from third party websites or messages. Please note that we will never ask you to enter any payment information in emails.
3.6. Any changes to our payment terms will also be communicated to you directly via email.
3.7. Prices for tickets to single game events or game series might differ from other single game events or games series, even if these events are hosted by the same league or association. The main reason for this is that we have entered into multiple agreements with clubs and associations that might have different pricing plans.
4. Technical Requirements
4.1. You are responsible for ensuring that you provide and maintain all the hardware and software necessary to access, receive and view Valcome.TV. Valcome.TV as of right now is an exclusively web browser-based service. We steadily develop and try to enhance our services for usage under the following operating systems (latest versions): Microsoft Windows 10, Google Android and Apple iOS. The service is programmed for the following browsers: Google Chrome 87+, Mozilla Firefox 83+ and Microsoft Edge 87+. You acknowledge that the use of our services may require third party software, such as the aforementioned web browsers, that is subject to third party licenses and that availability, functionality and quality may depend on the hardware and software that you use to access the service.
4.2. We are in no way responsible or liable for malfunction or lack of quality if the service is used under other systems or accessed with different software or if you allow interactions of the service with third party software or applications.
4.3. The quality of the display of the streaming of events may vary from device to device, and may be affected by a variety of factors not within our influence, such as your location, the bandwidth available or speed of your internet connection. We recommend a download speed of at least 6 MB/s per stream. Please see your internet/mobile plan or contact your internet service provider for further information, including possible extra-charges that might occur.
4.4. We are working hard to ensure that the content is made available to you at all times. We will not have any liability to you or third parties for the cancellation or abandonment of any event or the failure to show any event as scheduled or advertised, nor where you are unable to watch any event on any specific device.
4.5. We are constantly working to provide and to enhance our technical framework and user experience with reasonable care and skill. Apart from this we make no representation or warranty. This does not affect any other statutory rights you may have as a consumer.
4.6. If maintenance work or application of updates to our platform requires us to temporarily suspend Valcome.TV, we will try to keep any such suspension to a minimum and do all such work during the night-time. If such suspensions are planned or foreseeable, we will try to notify you in advance via e-mail.
4.7. You can contact us to discuss technical problems or for any other issues regarding our service under email@example.com. Please do exclusively contact us in regard to any technical difficulties or questions and not any third-party service or payment provider.
4.8. If you encounter an event that is, in your opinion, a failure by firstname.lastname@example.org to comply with these Terms & Conditions and you believe you are entitled to a refund, please contact us under email@example.com. Refunds (where applicable) will be processed via your initial payment method. Please note that other terms and conditions by third parties may apply, especially if you signed up through a third party or if your payments are processed through a third party.
5. User policy
5.1. All material, including but not limited to the design, text, software, graphics, footage and images you receive (and any selection or arrangement) are subject to the copyright of us and/or others. You agree that you will keep your password secure and never share passwords or other account information with anyone or in any way make them accessible to others, not copy, record or store all or any part of the content or divert, re-share, re-transmit, stream capture or otherwise distribute all or any part of the content, not abuse our service or use it for any unlawful or unauthorised purpose.
5.2. We may immediately suspend or terminate your access to our service or withdraw your access to any promotions, offers or discounts if we have reasonable grounds to believe that you are in breach of any of these Terms & Conditions or we are requested to do so by a regulatory, criminal investigation or financial authority. If appropriate in the circumstances we will inform you in advance of such termination, suspension or withdrawal. However, such notification may not always be possible.
5.3. You may access the content you either purchased a ticket forn only on one device at any one time. We reserve the right to implement technical measures to ensure this.
6. Your liability
You agree to fully reimburse and compensate us for any damages, costs and expenses (including reasonable legal fees) that we incur as a result of any negligent or wilful behaviour by you in connection with use of our service as well as any negligent or wilful breach of these Terms & Conditions. This also includes third-party claims (such as licensors) against Valcome.TV or its affiliates prompted or caused by any negligent or wilful behaviour by you, as well as our reasonable legal fees to defend against such claims.
7. Our liability
7.1. Our liability towards you arising in connection with our service shall be limited to such damage as typically foreseeable at the time of acceptance of these Terms & Conditions in the event of a slightly negligent breach of a material contractual duty under these Terms & Conditions. Liability is, as far as legally possible, limited to the ticket or subscription fees paid for the event/subscription. A “material contractual duty” under these Terms & Conditions is an obligation that is a core prerequisite for fulfilment of the contract itself, the breach of which endangers the whole purpose of the contract and of core obligations on the fulfilment of which you as the user regularly rely. We exclude our and any third-party rights holder’s liability for damages caused by a slightly negligent breach of a non-material contractual duty.
7.2. Nothing in these Terms & Conditions shall exclude or limit the liability of us and/or any third-party rights holder for gross negligence or wilfulness or for death or personal injury or for its fraud. Likewise, your mandatory rights under consumer protection law shall remain unaffected.
7.4. Commentators, moderators, interviewers, sports professionals, experts or any other speakers, including those in advertisements share only their own views and opinions on our service. Their personal opinions and statements do not necessarily reflect the views of Valcome Analytics GmbH, nor do we recommend following any advice given by them. We disclaim all liability and responsibility arising from any reliance placed on statements by anyone presented on our service.
8. General provisions
These Conditions shall be exclusively governed by and construed in accordance with the laws of Austria to the extent permitted by law. Mandatory consumer protection law of your country shall remain unaffected. Any legal disputes arising from these Terms & Conditions or from contracts based on these Terms & Conditions between you and Valcome Analytics GmbH and its affiliates are to be settled by the competent courts in Linz, Austria. Mandatory consumer protection law that requires another place of jurisdiction remains unaffected.
Valcome Analytics GmbH is an Austrian limited liability company, registered in Austria and having its registered office at 4060 Doppl, Im Bäckerfeld 12a.
If a provision of these Terms & Conditions is determined to be unlawful and/or unenforceable, the validity of the rest of the Terms & Conditions shall remain unaffected.
Please notify us of any changes in your personal, contact or billing information (such as changed e-mail address or payment methods) in your account information on our website. Any notice given by us will be given by email via the most recent email address we hold for you. We shall not be responsible for non-receipt of messages we send you.