Welcome to ata football. We are excited to provide you with access to the services described below for your personal enjoyment, subject to these Terms and Conditions (“Terms”). Please read these Terms carefully.
THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ALSO, THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE ARBITRATION SECTION TO LEARN MORE.
Description of Services and Acceptance of Terms Atalanta Media LLC (“ata” “ata football” or “we” or “us” or “our”) provides users (“Users”) with the ability to access and view a variety of live or pre-recorded broadcasts of audiovisual content through the Internet and other data broadcast means, which allows reproducing such content (“Content”), either directly on our website or on televisions, computers, mobile devices and other Internetconnected devices (our “Platform”), both free and paid through a membership or subscription. The Platform, Content and additional services, functionality and resources that may be provided to you (the “Services”) are made available solely pursuant to these Terms and our Privacy Policy.
PLEASE CAREFULLY READ THIS AGREEMENT. BY USING THE SERVICES OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY REGISTERING YOUR ACCOUNT, CLICKING “I ACCEPT” OR ANY SIMILAR MECHANISM, YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE OR REGISTER AN ACCOUNT.
We occasionally update these Terms based on changes to the Website or other factors. Any updates made to the Terms go into effect once they are posted. By using the Website, you are agreeing to the Terms. If you do not agree to the Terms, you may not use this Website.
1. Age Limitations. You will only access or use this Website and transact business with us if you are at least 18 years old or, if you are between the ages of 13 and 18 years, have the involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to use this Services or provide your personal information to us.
2. Personal Use Only. Your use of our Services are for personal and non-commercial use only. You may register two (2) internet connected devices per account
3. Compliance with Terms. You will comply with and be bound by these Terms as they appear on this Website each time you access and use this Website;
4. Geographic Restrictions. You will only be able to view the Content in the geographic location where we provide our Services, and has a license to stream the Content;
5. Live Content Restrictions. You will only be able to view Live Content in the geographic location where we are licensed to distribute this Content to you. Additionally, to view live Content, you must purchase a Subscription (as detailed below).
6. Each use of this Website by you indicates and confirms your assent and agreement to be bound by these Terms;
We strive to keep our Services safe for all of our Users. You agree to observe all restrictions identified in these Terms, including without limitation using the Services or the Website:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to overburden or damage Ata equipment or software; (l) to send electronic mail to us that is illegal, obscene, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; or contains harmful code, political campaigning, commercial solicitation, chain letters, or mass mailings; or violates any applicable law, such as the CANSPAM Act or (m) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Computer Requirements: To access this Website, you must have a computer equipped with a modem or other access device. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software. You are responsible for ensuring that your computer and software are compatible with our Website. We reserve the right to change the system requirements for using this Website.
Membership or continuous subscription. Your membership or subscription to ata (which may begin with a free trial period) will be renewed on a monthly basis in advance, until you cancel your membership or subscription, or until your account is suspended or terminated pursuant to these Terms. We reserve the right to change the terms of your subscription, including price, from time to time. We will give you advance notice of any of these changes, which will become effective your next billing cycle after we notify you.
Each User must have an accepted and valid payment method, to be indicated at the time of subscription (for example, credit card). ata will charge the monthly membership or subscription fee through the payment method registered by the User.
Differences in memberships or subscriptions. ata reserves the right to offer several membership or subscription plans, including special promotion plans or membership or subscriptions with different conditions and limitations. The User can find the specific details available ata membership or subscription by visiting our website. Some of these promotional memberships or subscriptions are or will be offered through third parties, along with the provision of our products and services. ata shall not be liable for the products and services provided by said third parties ata reserves the right to amend, unilaterally terminate or in any other way terminate the membership or subscription plans we offer.
Free Trials. On occasion, we may offer free trials to a particular Service, subject to specific terms that will be disclosed to you when you sign-up for the free trial. We reserve the right to determine eligibility for free trials, which may vary in our sole discretion. We will not provide you with notice that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern time of that same calendar day. You may cancel your subscription at any time as described in the "Cancellation and Refunds" section of these Terms. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
Promotions. If we offer you a promotion (e.g., a promotional price or bundled subscription), the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you. We will begin billing your payment method for your subscription at the then-current, nonpromotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
Gift Subscriptions. We may offer gift subscriptions for purchase on our Website. If you purchase a gift subscription, we will bill your payment method on record. The purchase and/or exchange of gift subscriptions will be made in accordance with the terms established by us. Any promotions or gifts may only be used once, and cannot be redeemed for money, resold or combined with any other offer, including the free trial. Additional restrictions may apply when promotions are received through a third-party offer.
Recurring billing. We will automatically bill your payment method on the later of the day you start your subscription or the day after your free trial ends, and on each recurring billing date thereafter. For example, if the later of the day you start your subscription or the day your free trial ends is September 15th, your next billing date will be October 15th . Your billing period will be the time period between each recurring billing date which corresponds to the terms of your chosen subscription. If your membership or subscription starts on a non-business day, holiday or non-regular day (nonregular means those cases arising from the intercalation of 30 and 31-day months, including the specific case of months of February having 28 days, if applicable), we may charge your payment method on the immediately succeeding or closest business or regular day, or other we may deem appropriate. For example, if your membership or subscription began on January 31st, your next billing and payment date will probably be next February 28th. Your renewal date may change due to changes in your membership or subscription. We could authorize your payment method in advance in case of membership or subscription or changes related to the Services. As used in these Terms, “billing” will indicate a charge, debit or other payment settlement, where appropriate, through your registered payment method. Unless otherwise provided, the terms month or monthly refer to your billing cycle.
Cancellation and Refunds. Users can cancel their membership or subscription whenever they wish. If a User cancels in the middle of a billing cycle, the User will continue having access to the service until the end of the monthly billing cycle. No refunds or credits will be granted for partially used membership or subscription periods, or for unseen content. For cancellation, visit our Help Center and follow the cancellation instructions. We may grant refunds, discounts or other consideration to some or all of our members, at any time, for grounded and sufficient motives (“Credits”). The amount and form of such Credits, and the decision to grant them, are subject to our sole and full discretion. The fact that granting of Credits may have been granted in the past in no way constitutes no right to receive credits in the future, even in similar cases, and we shall in no case be bound to grant credits in the future.
Payment Methods: You may modify information on the registered payment method by visiting our website. If the payment cannot be satisfactorily processed due to the expiration date of the instrument used, lack of funds or if you fail to edit your payment information or cancel your account (see “Deregistration” below), you will still be responsible for amounts pending payment, and you authorize for us to continue billing the payment method, as updated. This could give rise to a change in billing dates. If you registered with Ata using a third party’s account (for example, iTunes or a similar account) as a payment method, and you wish to cancel your Ata membership or subscription at any time, including during the free trial, you will be required to go to your account of the relevant third party and disable the automatic renewal, or cancel the account of products and services of Ata. You can find the billing information for your membership or subscription by visiting your account of the relevant third party. In some payment methods, your payment method provider may charge you a cross-border transaction fee or related charges. Check with your payment method provider for information.
The User is responsible for all use of its account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.
All information you submit when you register for an account shall be truthful and accurate. You are responsible for updating and maintaining the truthfulness and accuracy of the personal information you provide us with respect to your account. All Users should guard their access credentials (username and password) very carefully. Users shall refrain from disclosing to third parties the access credentials related to its account.
You should be very cautious about communications requesting information on your credit card or other information from your account. If you provide this information upon a request of this type, you may be a victim of identity theft. We will never ask you for data or information on your card or payment method by email. Always access your confidential account information by going directly to our website and never through a hyperlink contained in an email or any other communication, even if it seems official. We reserve the right to suspend an account at any time, with or without prior notice to the member, in order to protect itself and its partners, allies or contractors, from what it believes may constitute a fraudulent activity. We shall not be bound to grant credits or discounts to a membership or subscription due to account suspensions made by our representatives.
If you suspect any unauthorized access to your account, please notify customer service immediately at support@atafootball.com.
Eventually, in order to facilitate the User’s access to its account and for a better management of our Services, we may implement technology allowing us to recognize it as the account owner and give it direct access to its account without requiring for it to re-enter a password or other user identification when re-entering our Platform, which includes access through mobile and/or Internet or website connected devices.
We have the right to use any comment, information, idea, concept, review or technique, or any other material contained in any communication we receive from you (“Feedback”), including responses to questionnaires or publications through our Platform and Services, with no consideration, recognition or payment whatsoever, for any purpose, such as the development, manufacture and marketing of products and the creation, modification or improvement of our Platform and Services. If you decide to send material or ideas that have not been requested, you do it on the understanding that you will receive no consideration whatsoever, and you waive any action against us or our related companies regarding the use of those materials and ideas, even if the material or idea used is significantly similar to the material or idea you submitted.
Copyright in the pages and in the screens displaying the pages, and in the information and material thereon and in their arrangement is owned by ata unless otherwise indicated.
All trademarks, service marks, trade names, logos, and icons are proprietary to [BRAND]. You acknowledge and agree that you do not acquire any rights by implication, estoppel or otherwise to use any trademark displayed on this Website without our express permission. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, modify, adapt, reverse engineer or frame in any other web page, any web page content on these pages.
You may not use our name or trademarks in any way that implies an affiliation with, or an endorsement, sponsorship or approval by us without our express written permission.
This website may contain links to websites controlled by or offered by third parties and non-affiliates of ata. If you click on a link within our Website, we will not warn you that you have left our Website or our Services and are subject to the terms and conditions and privacy policy of another website or destination. By using our Services, you acknowledge and agree that ata is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than this Website.
ATA HEREBY DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD-PARTY SITES LINKED TO THIS WEBSITE. BY CREATING A LINK TO A THIRD-PARTY SITE, ATA NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEBSITE, NOR IS ATA LIABLE FOR ANY FAILURE OF SUCH WEBSITE, ITS PRODUCTS OR SERVICES OFFERED OR ADVERTISED. SUCH THIRD-PARTY WEBSITES MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF ATA AND MAY PROVIDE LESS SECURITY THAN THE ATA WEBSITE.
For information on how we use and protect the personal information you may provide through this Website, please visit our Privacy Policy.
Certain sections or pages on this website may contain separate terms and conditions which are in addition to these terms and conditions. Additionally, other products or services offered by ata, including those available through this website, may be subject to terms, conditions and disclaimers in addition to these Terms. You agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers. In the event of a conflict, the additional terms and conditions will govern for those sections or pages or products.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE AND ALL OF THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING THE PLATFORM, THE CONTENT, THE SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, NON-INFRINGEMENT, THAT YOU WILL BE ABLE TO USE THE PLATFORM, THE CONTENT AND/OR THE SERVICES UNINTERRUPTEDLY, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WITHOUT ERRORS. WE EXPRESSLY REPRESENT THAT WE UNDERTAKE NO LIABILITY FOR THE USE OF THE APPLICATIONS, THE MOBILE AND/OR INTERNET CONNECTED DEVICES AND OUR PLATFORM (AMONG OTHERS, REGARDING THE COMPATIBILITY WITH OUR SERVICE).
IN NO EVENT WILL WE (INLCUDING OUR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL OR OTHER DAMAGES , INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, THE PLATFORM, THE CONTENT OR ANY LINKED WEBSITE OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
SOME JURISDICTIONS FORBID THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME LIMITATIONS MENTIONED IN THIS SECTION MAY NOT AFFECT YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO ATA FOR ACCESS TO YOUR SUBSCRIPTION IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR USD$50, WHICHEVER IS GREATER.
Nothing in these Terms will affect fundamental and inalienable rights to which you are entitled. Should any provision of these Terms be declared invalid, illegal or unenforceable, the validity, legality and application of the remaining provisions will remain in full force and effect.
You agree that if any provision of these Terms shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions.
From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on our Website or similarly) (the “Communications”). You will need a computer with internet access and a printer capable of printing screens or hard drive capable of storing data. In addition, you must use an internet browser software that supports 256-bit encryption.
To access, view and retain Communications from us, you will need the ability to receive and read emails that contain hyperlinks to websites. If you provide us with an email address in your application, you may notify us of changes in your email address by writing us at support@atafootball.com.
To help resolve any issues between us promptly, you and we agree to bring any claim arising out of or relating the (i) Terms, (ii) Privacy Policy, or (iii) our relationship, or the use of the Platform or Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.
PLEASE READ THIS CAREFULLY. THIS PROVISION AFFECTS YOUR RIGHTS. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
In this Arbitration Provision, the word “Disputes” has the broadest possible meaning. This provision governs all “Disputes” involving the parties. This includes all claims, whether past, present or future events, whether directly or indirectly related to (i) these Terms, (ii) the Privacy Policy; (iii) any aspect of our relationship with you; and (iv) your use of our Website, the Platform, the Services or the Content,. It includes claims related to nonpayment, privacy, and other claims related to our relationship with you. It includes claims related to setting aside this Arbitration Provision. It includes claims about the Provision’s arbitrability, including its validity and scope. It includes claims about whether to arbitrate.
If you have a Dispute, please contact our customer service team at support@atalantamedia.com. If this doesn’t solve the Dispute, mail us written notice at Atalanta Media LLC, 600 Brickell Avenue, 19th Floor, Miami, FL 33131, Attn: Legal Department, within 100 days of the Dispute date. In your notice, tell us the details and how you want to solve it. We will try to solve the Dispute. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered with ata. If we don’t solve the Dispute, either party may start arbitration. To start arbitration, contact a TPA or arbitration group listed below. No party will disclose settlement proposals to the TPA during arbitration.
As an alternative to arbitration, you may go to small-claims court if the small-claims court has the power to hear the Dispute. Arbitration will solve all Disputes that the small-claims court does not have the power to hear. If there is an appeal from small-claims court, or if a Dispute changes so that the small-claims court loses the power to hear it, then the Dispute will only be heard by a third-party Arbitrator.
You and we agree that Arbitration will be administered by JAMS Mediation, Arbitration, and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267.
YOU AGREE THAT COURTS AND ARBITERS WON’T ALLOW CLASS ACTIONS IN RESOLVING DISPUTES BETWEEN YOU AND US. IN ALL CIRCUMSTANCES, YOU WAIVE YOUR CLASS ACTION RIGHTS. YOU WAIVE YOUR RIGHTS TO BE IN A CLASS ACTION, AS A REPRESENTATIVE AND A MEMBER. ONLY INDIVIDUAL ARBITRATION, OR SMALL-CLAIMS COURTS, WILL SOLVE DISPUTES. YOU WAIVE YOUR RIGHT TO HAVE REPRESENTATIVE CLAIMS. UNLESS REVERSED ON APPEAL, IF A COURT INVALIDATES THE CLASS-ACTION WAIVER, THEN THE PARTIES AGREE NOT TO ARBITRATE DISPUTES. IF SO, YOU AGREE THAT ONLY A JUDGE, AND NOT A JURY, WILL RESOLVE THE DISPUTE.
For your convenience, arbitration may be conducted in-person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Miami-Dade County, Florida. Rather than force everyone to visit us in Florida, if you can demonstrate that arbitration in Florida would create an undue burden to you, you are free to initiate the arbitration in your home state. The Arbitrator’s decision will be binding and final. A party may file the Arbitrator’s award with the proper court. Unless prohibited by applicable law, arbitration will solve appeals of a small-claims court judgment. A party may appeal under the U.S. Federal Arbitration Act. If the amount in controversy exceeds $10,000.00, a party may appeal the Arbitrator’s finding. Such appeal will be to a three-Arbitrator panel from the same arbitration group. The appeal will be “de novo”, and solved by majority vote. The Appealing party will bear appeal costs, despite the outcome. Please note that nothing in this Section shall be construed as consent by Ata to the jurisdiction of any other court with regard to disputes not covered by these Terms
In accordance with the JAMS Rules, the party initiating the arbitration (either you or Ata) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (i) that award is greater than the amount of our last written settlement offer; or (ii) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred.
If you're not sure what all of this means, please feel free to ask an attorney.
To the extent that the arbitration provision is not applicable, you and we agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. To the extent that the arbitration provision is not applicable, you agree that any action at law or in equity arising out of or relating to these Terms or the use of this Website shall be filed only in the state or federal courts located in Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Last updated: August 25, 2021