Viaplay Terms and Conditions
Viaplay Terms and Conditions
Viaplay is a personalized Internet-based streaming service that offers access to audiovisual content through subscription, individual purchases, or rental (“Viaplay”). One of our obligations under these Terms and thus one of the core features embedded within the service is the way Viaplay is tailored, personalized and presented to you based on your viewing preferences. Viaplay is available through certain internet connected Smart TVs, mobile phones and other devices that support our applications (such applications collectively referred to herein as the "App") as well as through our web-based app at www.viaplay.com (the “Website”). Devices that enable access to Viaplay through the App are listed on the Website.
Viaplay is offered by Viaplay Group US, Inc., c/o Viaplay Group Shared Services, a Delaware corporation, with offices at Ringvägen 52, PO Box 17179, 104 62 Stockholm, Sweden (the “Company”, “we”, “us” or “our”). The Company is part of a group of companies in which Viaplay Group AB (publ) (Swedish corporate identification number 559124-6847) constitutes the parent company (the "Group"). Viaplay is registered with the Swedish Press and Broadcasting Authority by the Company’s group company Viaplay Group Sweden AB, Swedish corporate identification number 556304-7041, with address c/o Viaplay Group Shared Services, Box 17179, 104 62 Stockholm, Sweden and VAT number SE556304704101.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. FOR CLARITY, BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO BRING OR PARTICIPATE IN A CLASS OR OTHER JOINT ACTION WITH RESPECT TO ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS. PLEASE REVIEW CAREFULLY THE SECTION ENTITLED “DISPUTE RESOLUTION AND APPLICABLE LAW” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
These Terms & Conditions (the “Terms”) constitute an agreement between you, the Viaplay account holder and person responsible for paying our fees (“you” or “your”) and the Company. By using Viaplay, you expressly agree to comply with these Terms and any additional terms and conditions that we provide to you, including in connection with your use of other products, services or promotions we may offer or make available to you (“Additional Terms”). The Additional Terms are hereby incorporated herein and made part hereof. To the extent that there is a conflict between these Terms and the Additional Terms, the Additional Terms will control. You are also responsible for ensuring that any users who access and use the Website and/or the App via your Viaplay user account comply with these Terms where applicable to them. By accepting these Terms, you confirm that you agree to these Terms and that you (and any users you allow to access your Viaplay account) will comply with them.
Viaplay may be offered by third parties, e.g., in conjunction with the provision of their own products and services. These third parties may apply additional and separate terms and conditions which you will have to accept in order to get access to Viaplay through such third party.
We only use your personal information in accordance with our privacy notice (available here ).
Access to Viaplay and our content
Requirements for creating a Viaplay user account
To create an account and get access to Viaplay, you must:
have reached the age of 18 (or the age of majority in your state of residence) and/or have legal power to enter into this agreement by law in your your state of residence;
provide us with a valid e-mail address. The e-mail address will be your log-in username and we will use the e-mail address to communicate with you;
be a permanent resident of a country in which Viaplay is offered (we will verify your geographic location at the time of registration, and you may not use any technology or technique to obscure or disguise your location);
be a natural person (i.e. not a company or other business entity);
register your payment details; and
accept and agree to be bound by these Terms.
You agree that any and all user information provided by you to us in connection with creating your account is true and correct and that you will update your user information as necessary so that it remains true and correct at all times.
Credentials and Account sharing
You are responsible for all activity that occurs on your Viaplay account. Your Viaplay account is personal and may not be shared with anyone outside your household. Sharing your Viaplay account with someone outside your household is considered unauthorized account sharing. Because you are responsible for all activity that occurs on your Viaplay account, you should maintain control over registered devices and guard the security and confidentiality of your password.If one of your registered devices is sold, lost or stolen, please deactivate the registered device and change your password immediately. If you fail to log out or deactivate your device, subsequent users may access Viaplay through your account and may be able to access certain of your account information.
If you suspect that an unauthorised user has access to, or is using, your account, you must immediately notify us, change your password, and log out from all registered devices. If we have reason to believe that the account has been misused, we have the right to immediately suspend your access to Viaplay and prevent any continued unauthorised activities by other means.
We have the right to require you to change your password at any time.
Subscription plans and One-Time-Purchases
The fees payable for a Viaplay subscription are collectively referred to herein as the “Subscription Fee”. Each period that you subscribe to Viaplay by paying the Subscription Fee is referred to herein as a "Subscription Period". Your Subscription Period will automatically renew, and you will be charged the Subscription Fee, unless you have cancelled your subscription prior to the next billing date.
Depending on how Viaplay is offered in your country of residence, you may access the content on Viaplay by:
Subscribing monthly to one of our packages asoffered at any given time, by advance payment of the monthly Subscription Fee and receiving access to Viaplay for each month you have paid for (“Monthly Subscription”).
Subscribing to a package for a fixed, predetermined term (e.g. 6 or 12 months) by paying the Subscription Fee (either in advance monthly instalments or the entire sum upfront, depending on the terms of the offer) ("Fixed-Term Subscription"). The Fixed-Term Subscription represents the minimum period during which you are bound to your subscription with Viaplay. When the Fixed-Term Subscription has expired, your subscription will automatically convert either to a Monthly Subscription or a new Fixed-Term Subscription (depending on what information you were provided with at the time you signed up for the offer), at to the Subscription Fee in force at any given time, unless you have cancelled your subscription prior to the expiry of the fixed term.
Paying separately to have access to certain specific content either as a one-off purchase (such as a movie), a 48-hour rental, or as a live transmission of a specific event (such as an individual soccer match) ("One-Time Payment(s)"). Where you have purchased access to a movie, your will have unlimited access to streaming and playback of the movie, as long as the movie is subject to agreement between us and the rights holder. Should our agreement with the rights holder expire, or if we otherwise remove your access to the purchased content, you are entitled to a refund of the amount you paid for the movie.
For updated information on prices and the subscription plans and One-Time Payments offered from time to time in your country of residence, we recommend that you visit the Website. Information about your current subscription plan, including the next billing date and the amount of the Subscription Fee, is available on the “My Account” page on the Website. If you have purchased your subscription through a third party, you must refer to such third party for information on your next billing date and amount of the Subscription Fee.
Technical requirements and Updates
In order to access the content on Viaplay, you must have an Internet-connected device compatible with Viaplay’s technical requirements.
The applicable system requirements and a list of devices and platforms compatible with Viaplay are available on the Website. Please note that fulfilment of these system requirements and use of compatible devices and platforms, will not guarantee that you will always be able to use or access Viaplay without errors or other interruptions. The quality and the display of our content may be affected by various factors, such as your location, your Internet connection and/or bandwidth, and may vary between different devices. We reserve the right to modify the system requirements or compatible devices and platforms from time to time, for example if necessary for security reasons. This may result in certain software or hardware no longer being compatible with Viaplay.
We may update the Website and/or the App for security, technical and/or other reasons at any time in our sole discretion. It is your responsibility to install any necessary updates without delay and to update the operating system of your device if this is required, in order for you to use an updated version the App. We cannot guarantee that every version of the App will work on your device. Updates of the App are provided via the digital store or portal that provided the App for your device. You may not be able to use or access Viaplay if you do not install the latest available version of the App.
Limitations on concurrent streams, registered devices and Offline Mode
You may register and use Viaplay on a maximum of five (5) devices and you cannot replace more than one (1) registered device during a period of ninety (90) calendar days.
We may control the maximum number of simultaneous streams per account regardless of how many of your devices that can access Viaplay. We may change the maximum number of simultaneous streams and/or impose limits on the number of devices that you may use at any time. The number of simultaneous streams may vary depending on your country of residence. Information about how many streams you can have simultaneously is available on the Website.
Certain content in Viaplay may be available for temporary download and offline viewing on certain supported devices during a limited period of time. Please note that there may be limitations on how you can stream downloaded content outside your country of residence.
Unlawful use of Viaplay
All content that constitutes a part of and is related to Viaplay is protected by copyright law. All copyrights and other intellectual property rights in any material or content that forms part of or is related to Viaplay are held, or licensed, by us. Subject to the terms and conditions set forth herein, we grant you a non-exclusive, non-transferable, revocable and limited license to access and use Viaplay only for your personal and private use (i.e., not for any commercial purpose) and in accordance with these Terms and applicable copyright law and you may not copy, reproduce, distribute, transfer, sell, license, publish, display, perform publicly, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense such rights. You may not bypass or attempt to circumvent our security system or attempt to test, damage, or otherwise affect the security of Viaplay, our Website, App, or Viaplay software, hardware, or any other equipment directly or indirectly associated with Viaplay. Any violation of the above shall always be considered a material breach of these Terms, entitling us to immediately suspend or terminate your access to Viaplay, or otherwise prevent continued unauthorised actions. Further, we reserve the right to take legal action against any such violation.
Please note that not all content available on Viaplay is appropriate or suitable for minors. You agree, regardless of whether or not you have created a kid’s profile on your user account, not to let minors access Viaplay unless they are under your supervision.
Payment, fees, and trials offers
To be able to watch content on Viaplay, you must provide us with a valid payment method. Unless you cancel your subscription before the next billing date, you agree that we will charge the Subscription Fee for the next Subscription Period to your selected payment method. If payment of the Subscription Fee fails for any reason, we may continue trying to charge your payment method and suspend or terminate your access to Viaplay until we have been able to collect the Subscription Fee. You also remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
You can update your payment method by going to the "My Account" page on the Website. Following any update, you authorise us to continue to charge you according to your most recently selected payment method.
If you have signed up for Viaplay through a third party and are billed through such third party, then the payment terms provided by such third party will apply and any changes to your payment method should be done with such third party.
Fees and changes to your subscription plan
Fees are due in accordance with our current price list which is available on the Website. Content purchased as One-Time Payments are not included in your subscription and so are not included within the Subscription Fee, but are subject to additional fees. Prices displayed on the Website exclude any data communication costs or fees which your Internet or telecommunication service provider may charge under your contract with such service provider, or transaction or other fees charged by your bank or credit card provider in connection with payment of the Subscription Fee.
We may change the Subscription Fees and other fees for Viaplay from time to time ("Fee Change"). We will notify you by email and/or via your user account on Viaplay with at least thirty (30) days’ notice before the Fee Change takes effect. If you do not accept the Fee Change, you have the right to cancel your subscription without penalty with effect from your next billing date. A Fee Change may also include the introduction of new fees. If you choose to upgrade your subscription to a package with a higher Subscription Fee, you will be charged the new Subscription Fee immediately upon such upgrade to the new package. You will thereafter be refunded an amount corresponding to the number of days you had left on your previous package. If you choose to downgrade your subscription to a package with a lower Subscription Fee, both the price change and the package change will take effect on the next billing date.
Internet Service and Data Usage
In order to access the content on Viaplay, you must have an Internet-connected device compatible with Viaplay’s technical requirements.You are responsible for any and all costs associated with your Internet service used to access Viaplay.Please check with your Internet provider for information on possible Internet service and data usage charges. Under no circumstances will we be responsible for any such Internet or data access fees and charges in connection with your use Viaplay, including wireless Internet, email, text messaging or other charges or fees incurred by you (or any person that has access to your registered devices, telephone number, email address, account or other similar information). Further, the use or availability of Viaplay may be prohibited or restricted by your wireless carrier and/or data access provider, and not all Viaplay Apps or other services may work with all wireless carriers, networks, platforms, services or devices.
We may offer new customers different types of trial subscriptions, for example free of charge or at a reduced price for a specific period of time ("Trial Offer"). To be eligible to use a Trial Offer, neither you nor any other member of your household must have previously used a Trial Offer or any similar marketing offer from us. If you or any other member of your household have already taken advantage of a Trial Offer, you will be charged the Subscription Fee as if you were signing up for a standard Monthly Subscription at the current price. We reserve the right to check whether you meet the requirements based on the information you have submitted when signing up for a Trial Offer.
Upon expiry of a Trial Offer, the Trial Offer will automatically be converted into a Monthly Subscription, unless you terminate the subscription prior to the last day of the Trial Offer period. Terminations are done via "My Account" on the Website.Please note that you may not receive a notice from us that your trial subscription has ended. If you wish to avoid charges to your payment method following the Trial Offer period, you must cancel your subscription prior to the last day of the Trial Offer period.
Separate terms may apply for promotions (including trial offers) offered by third parties. If you register for any such promotions, please note that cancellation of such trial offers must be done in accordance with the instructions provided by the third party. The prices provided by such third party will apply to your Viaplay subscription following the expiry of the trial offer.
You accept that the availability of Viaplay may be affected by, for example, denial of service on the internet or by any other network, ISP, electronic, computer, or other communications issues or errors and that we are not responsible for any restrictions in the use of Viaplay caused by overload or such issues and/or errors.
You may terminate your subscription at any time via the "My Account" page on the Website.
Your termination will take effect:
at the end of the Subscription Period during which you notify us that you wish to terminate your subscription (if you have a Fixed-Term Subscription, the termination will take effect at the end of the pre-determined subscription term); or
at the end of the notice period described in the section "Fees and changes to your subscription plan" in these Terms, provided that you notify us as set forth in such section.
Please note that your termination of a subscription does not affect your obligation to pay for the remainder of the current Subscription Period, nor does it entitle you to a refund of any Subscription Fee paid in advance for the remainder of the Subscription Period.
If you terminate your subscription, you will have continued access to the content you have purchased through One-Time Payment. However, we reserve the right to terminate or restrict access to the content in accordance with these Terms.
Please note that your user account will remain active even if you terminate your subscription and that applicable parts of these Terms, as amended from time to time, will remain in force as long as you keep your user account with us. You may delete your user account by contacting our Customer Service (see "Contact Information" below).
If you have purchased access to Viaplay through a third party, your subscription must be terminated through such third party in accordance with their applicable terms and conditions.
We reserve the right to terminate your subscription or otherwise suspend your access to Viaplay at any time.
If we terminate your subscription, we will offer you the following, provided that you are not in breach of these Terms:
continued access to Viaplay for the remainder of the current Subscription Period, or for Fixed-Term Subscriptions the remainder of such fixed term, or a full or partial refund of the most recently paid Subscription Fee (proportionate to our termination or suspension), without renewal of your subscription; and/or
access to individual content that you have already purchased through a One-Time Payment to the extent we have the right to grant such license.
We have the right to suspend or terminate your access to Viaplay with immediate effect and demand payment for any outstanding Subscription Fee(s) if you are in breach of these Terms.
Changes in Viaplay to these Terms
We constantly work to improve Viaplay and its content. Therefore, we cannot provide any warranties or commitments regarding the quantity or quality of the content, functionalities, compatibility, and interoperability with platforms other than what is required under applicable laws and expressly stated on the Website at any given time. For example, features and content which was available on Viaplay when you signed up for your subscription or made a One-Time Payment may change during your time as a user.
We reserve the right to update or amend Viaplay and/or these Terms at any time for any reason, including, without limitation, for technical, operative, and/or security reasons, due to changes in the number of users of Viaplay, to prevent unlawful use and/or account sharing, changes in applicable law, decisions by governmental or regulatory bodies, court rulings, and/or increased costs for providing Viaplay. We will inform you of any material changes to these Terms via email, in the App or on the Website.
Additional Legal Terms
YOU AGREE THAT USE OF VIAPLAY IS AT YOUR OWN RISK AND THAT AN UNINTERRUPTED AND ERROR-FREE TRANSMISSION CANNOT BE GUARANTEED. VIAPLAY, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY FEATURES OR FUNCTIONALITIES ASSOCIATED WITH VIAPLAY, ARE PROVIDED “AS IS" AND “AS AVAILABLE”, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED.WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES.
Your access to Viaplay may be occasionally suspended or restricted to allow us to carry out upgrades or perform scheduled or unplanned maintenance. We will attempt to limit the frequency and duration of any such suspension or restriction.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE COMPANY, THE GROUP, OR THEIR RESPECTIVE AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS OR SUBSIDIARIES OR ANY OF THEIR INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, ADVERTISERS OR SUPPLIERS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THESE TERMS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, AND, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
The Website may include links to or otherwise allow you to access other websites or materials provided by third parties (collectively, “Third Party Services”). We do not verify, endorse, or have any responsibility for Third Party Services or any third party business practices.We have no control over the Third Party Services content of these sites, and we will not have any liability for any loss or damage that may arise from the use of Third Party Services.
You agree to indemnify and hold us, the group, our partners, successors and assignsand any of our or their respective investors, directors, officers, employees, agents, representatives, licensors, advertisers or suppliers harmless from all claims, liabilities, losses, damages and costs and expenses (including legal costs), caused by or arising in connection with your breach of these Terms, applicable law, regulation, or third-party rights.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content on Viaplay infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Viaplay are covered by a single notification, a representative list of such works on Viaplay;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
Name and Address of Designated Agent: Viaplay Group Legal
Viaplay Group US Inc.
Att. Viaplay Group Legal
c/o Viaplay Group Shared Services
PO Box 17179
104 62 Stockholm
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to Viaplay Customer Service. You acknowledge and agree that if you fail to comply with all of the requirements set forth in this section above, your DMCA notice may not be valid.
Invalidity of Provisions
Should any provision of these Terms be deemed invalid or unenforceable, that provision shall in no way affect the validity of the other provisions of these Terms, which shall remain valid and enforceable to the extent permitted by law.
These Terms apply to you as a user of Viaplay and you may not assign or otherwise transfer your rights or obligations under these Terms or any part thereof to a third party. We may assign or otherwise transfer our rights and obligations under these Terms, fully or partially, to a third party or other companies within the Group.
Dispute Resolution and Applicable Law
These Terms and any dispute or claims arising from them (including non-contractual disputes or claims) shall be subject to and interpreted in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of law provisions. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state or country of residence.
If any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of Viaplay (collectively, a “Dispute”) arises between you and the Company, the parties shall primarily attempt to amicably resolve the Dispute. If the parties cannot resolve the Dispute, you and the Company hereby each agree that the Dispute will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and the Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and the Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. As a limited exception to the foregoing: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at firstname.lastname@example.org or by regular mail at Viaplay Group US Inc., Att. Viaplay Group Legal, c/o Viaplay Group Shared Services, PO Box 17179, 104 62 Stockholm, Sweden, within thirty (30) days following the date you first agree to these Terms. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If your claim is for U.S. ten thousand dollars ($10,000) or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in New York, New York; provided, however, that if you can demonstrate that arbitration in New York, New York would create an undue burden to you, AAA may hold an in-person hearing in your hometown area. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the provisions of the section entitled “CHANGES IN VIAPLAY AND TO THESE TERMS” above, if the Company changes any of the terms of this “Dispute Resolution and Applicable Law” sectionafter the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of the Company's email to you notifying you of such change (if applicable). By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the terms of this section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding Viaplay, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding Viaplay. The Company's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Headings are for convenience only and are not to be considered in construing or interpreting these Terms. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive.Upon any termination, discontinuation or cancellation of Viaplay, your account, or these Terms, any provision of these
Terms which, either by its terms or to give effect to its meaning, must survive, shall survive any such termination, discontinuation or cancellation.
If you have any questions or if you otherwise need to get in touch with us, visit our Customer Service page where you will find answers to frequently asked questions and can chat with our Customer Service. You can also contact us via email at firstname.lastname@example.org or via phone at +1 888-700-0813.