Last updated December 15, 2022

SERVICE AGREEMENT

Believe Sport provides streaming services that include movies, games, and various other forms of online entertainment, governed by this Terms of Service Agreement. This agreement creates a legally binding relationship between you and the Company (“we,” “us,” or “our”) regarding your use of Believe Sport and its associated media forms, channels, mobile sites, or applications (collectively, the “Site”).

This Site is intended for users aged eighteen (18) and older. Persons under 18 are not authorized to access or use the Site. By using or accessing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to all the terms, you are prohibited from using the Site and must cease use immediately.

Any additional Terms of Service or documents posted on the Site may be incorporated into these Terms by reference. We retain the right, at our discretion, to modify or update these Terms of Service at any time and for any reason.

Any changes will be communicated by updating the "Last updated" date of these Terms of Service, and you waive any right to receive direct notification of each change.

You are responsible for reviewing these Terms of Service regularly to stay informed of any updates. Your continued use of the Site after the posting of revised Terms will signify your acceptance of those changes.

COPYRIGHT AND TRADEMARK RIGHTS

Unless stated otherwise, the Site, including all streaming game entertainment content, is our exclusive property. All source code, databases, functionality, software, designs, audio, video, text, images, and graphics on the Site (the “Content”), along with the trademarks, service marks, and logos (the “Marks”), are either owned, controlled, or licensed by us, and are protected under applicable copyright, trademark, and intellectual property laws in the United States, abroad, and through international conventions.

The Content and Marks provided on the Site are for personal use only and are presented "AS IS." Unless explicitly allowed in these Terms of Service, you may not copy, reproduce, distribute, sell, license, or use any part of the Site, Content, or Marks for commercial purposes without our express written consent.

If you are eligible to use the Site, you are granted a limited license to access and use the Site, and to download or print portions of the Content for your personal, non-commercial use. All rights not explicitly granted to you with respect to the Site, the Content, and the Marks are reserved by us.

USER WARRANTIES

By accessing the Site, you affirm and guarantee that:

(1) The registration information you provide will be accurate, complete, and up to date.

(2) You agree to update your registration information as needed to ensure its accuracy.

(3) You have the legal authority and agree to comply with these Terms of Service.

(4) You will not use automated tools, such as bots, scripts, or other non-human methods, to access the Site.

(5) You will not access the Site for any unlawful or unauthorized activities.

(6) Your use of the Site will comply with all applicable laws and regulations.

If any information you provide is untrue, inaccurate, outdated, or incomplete, we may suspend or terminate your account and refuse any current or future access to the Site (or any part of it).

ACCOUNT CREATION

To use the Site, you must register and create a unique username and/or password for secure login. You are responsible for maintaining the confidentiality of your password and for all activity under your account. You agree to ensure your registration information is accurate and to update it as necessary.

MEMBERSHIP PLANS

The Site provides streaming of movies, sports, and online games at a single subscription price. (The Company may introduce multiple entertainment packages at different price points in the future.) To access content, users must subscribe at the current price displayed on the Site. By subscribing, you authorize the Company or its payment processor (as listed on the payment page) to charge your credit card or approved payment method for recurring subscription fees, in line with the billing terms displayed on the Site.

AUTOMATIC SUBSCRIPTION RENEWAL: Your payment method will be automatically charged on a monthly basis from the date of your initial subscription purchase to renew your membership, unless you inform the Company of your cancellation before the end of the current billing cycle. You remain responsible for all subscription fees until cancellation is processed.

SERVICE AND PAYMENT TERMS: The subscription beings with a two (2) days trial. You may cancel your membership at any time within your two (2) days trial period without providing a reason. To cancel, access your Account and click on the Cancel Subscription link, or simply contact us. At the end of the two (2) day trial period, your subscription will automatically extend to a full monthly subscription. The service will automatically charge the credit card you have provided the applicable monthly fee of $34.55, for as long as you continue the service. You may cancel the subscription at any time. Cancelling will end the recurring fee going forward. Cancelling the service does not retroactively refund subscription payments and previously charged subscription fees will not be pro-rated based on the cancellation date. There is no obligation to purchase a minimum quantity of goods and there is no additional processing, shipping or handling fee charged.

TERMINATION AND REFUND TERMS

Users can cancel their subscription at any time by reaching out to our customer service team by phone at SUPPORT_PHONE_NUMBER or via email at SUPPORT_EMAIL. Cancellations will allow you to retain access to your subscription until the end of the current billing cycle, after which your subscription will end and benefits will no longer be available.

Refunds: If you're not satisfied with the Site or your entertainment experience, you can reach out to customer service for a refund of the most recent month's charge. We aim to resolve any concerns to your satisfaction. Refunds will be credited to the payment method used for the original purchase.

BANNED ACTIONS

The Site is intended for personal use only, and may not be accessed or used for any other purpose, including commercial endeavors.

As a user, you consent to refrain from:

1. You agree not to extract data or content from the Site to create or compile, either directly or indirectly, a collection, database, or directory without our written consent.
2. You agree not to use the Site for unauthorized purposes, such as collecting user information (like usernames or email addresses) for unsolicited emails or creating accounts through automation or false representation.
3. You agree not to employ a buying or purchasing agent to make transactions on the Site.
4. You agree not to use the Site for advertising or offering goods and services for sale.
5. You agree not to bypass, disable, or disrupt security features on the Site, including those that prevent the use or copying of Content or enforce limitations on the Site's use and its Content.
6. engage in unauthorized framing of or linking to the Site.
7. You agree not to deceive, mislead, or defraud us or other users, especially in efforts to gain access to sensitive account details like passwords.
8. You agree not to misuse our support services or file false abuse or misconduct reports.
9. You agree not to use automated methods, such as scripts, bots, or data mining tools, to send comments or gather data from the Site.
10. You agree not to disrupt, interfere with, or impose an excessive burden on the Site or its associated networks and services.
11. You agree not to impersonate another person or user, or use someone else's username.
12. You agree not to sell or transfer ownership of your profile.
13. You agree not to use any information gathered from the Site to harass, harm, or mistreat others.
14. You agree not to utilize the Site for any activities that compete with us or for commercial endeavors aimed at generating revenue.
15. You agree not to reverse engineer, decompile, or disassemble any software that forms part of the Site.
16. You agree not to try to circumvent any measures put in place to prevent or restrict access to the Site or its portions.
17. You agree not to engage in harassment, intimidation, or threats against our employees or agents who are responsible for providing any part of the Site.
18. You agree not to remove any copyright or proprietary notices from the Content.
19. You agree not to copy, modify, or adapt any software on the Site, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. You agree not to upload or transmit harmful content, such as viruses, Trojan horses, or excessive spamming (repetitive text), that disrupts the normal use, operation, or features of the Site.
21. You agree not to upload or transmit any material that serves as an information collection or transmission tool, such as GIFs, 1x1 pixels, web bugs, cookies, or other similar devices (also known as "spyware" or "PCMs").
22. Unless through standard search engine or browser use, you agree not to use or launch any automated system, such as spiders, robots, scrapers, cheat utilities, or offline readers, to access the Site, or use unauthorized scripts or software.
23. You agree not to defame, damage, or otherwise harm, in our view, the reputation of us and/or the Site.
24. You agree not to access or use the Site in a way that is inconsistent with any applicable laws or regulations.

THIRD-PARTY PLATFORMS AND LINKS

The Site may link to Third-Party Websites or contain Third-Party Resources. These external sites and resources are not monitored or verified by us for accuracy or appropriateness, and we are not responsible for their content or any associated risks. Accessing these external sites or resources is done at your own risk.

Before using any Third-Party Websites or applications linked from the Site, you should review their terms, policies, and privacy practices. Purchases made via Third-Party Websites are solely between you and the third party, and we are not responsible for any aspects of those transactions.

You acknowledge that we do not endorse any products or services provided on Third-Party Websites, and you agree to indemnify us from any harm arising from your purchase of such products or services. Furthermore, you agree to hold us harmless from any damages, losses, or harm resulting from your use of Third-Party Resources or interactions with Third-Party Websites.

ADVERTISING PARTNERSHIP

Advertisers may display their advertisements on certain areas of the Site, such as banners or sidebars. Any dealings with advertisers are at your own risk, and the Company does not provide any warranties or guarantees regarding the advertised goods or services. We are not liable for any loss, cost, or damage resulting from your interactions with advertisers.

SITE SUPERVISION

We maintain the authority, though not the requirement, to: 

(1) observe the Site to identify any breaches of these Terms of Service;

(2) pursue appropriate legal measures against anyone who, at our sole discretion, breaches the law or these Terms of Service, including but not limited to reporting such individuals to law enforcement agencies;

(3) at our sole discretion and without restrictions, deny, limit access to, reduce the availability of, or deactivate (to the extent technologically possible) any of your Contributions or any part thereof;

(4) at our sole discretion and without restrictions, prior notice, or liability, delete from the Site or disable any files and content that are excessively large or otherwise place an undue burden on our systems;

(5) manage the Site in any way necessary to safeguard our rights and property and to ensure the Site operates effectively.

DATA PROTECTION POLICY

We prioritize data privacy and security. Kindly review our: Privacy Policy available on the Site. By accessing and using the Site, you acknowledge and agree to adhere to our Privacy Policy, which is an integral part of these Terms of Service. Please note that the Site is hosted in the United States. If you are accessing the Site from the European Union, Asia, or another region with laws or regulations governing the collection, use, or disclosure of personal data that differ from those in the United States, your continued use of the Site indicates your explicit consent to the transfer and processing of your data in the United States.

We do not intentionally collect, request, or solicit information from children, nor do we knowingly target our marketing towards them. In compliance with the U.S. Children's Online Privacy Protection Act (COPPA), if we become aware that a child under the age of 13 has submitted personal information to us without the required and verifiable parental consent, we will promptly remove that information from the Site to the extent reasonably feasible.

DIGITAL COPYRIGHT POLICY UNDER THE DMCA

Announcements

We value and uphold the intellectual property rights of others. If you believe that any content available on or through the Site infringes upon a copyright you own or control, please promptly inform our Designated Copyright Agent using the contact details provided below (referred to as a “Notification”).

A copy of your Notification will be forwarded to the individual who posted or stored the material referenced in the Notification. Please note that under federal law, you may be held liable for damages if you make any material misrepresentations in your Notification. Therefore, if you are uncertain whether the material available on or linked to the Site infringes your copyright, it is recommended that you consult with an attorney before proceeding.

All Notifications must comply with the requirements of the DMCA, specifically 17 U.S.C. § 512(c)(3), and should include the following information:

(1) A physical or electronic signature of the individual authorized to act on behalf of the owner of the exclusive right allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if the Notification covers multiple copyrighted works on the Site, a representative list of such works;

(3) Identification of the material that is claimed to be infringing or involved in infringing activity, which is to be removed or have access disabled, along with information reasonably sufficient to allow us to locate the material;

(4) Information reasonably sufficient to enable us to contact the complaining party, such as a physical address, telephone number, and, if available, an email address;

(5) A statement affirming that the complaining party has a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law;

(6) A statement confirming that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly infringed.

Response Notice

If you believe that your copyrighted material has been mistakenly removed or misidentified on the Site, you may file a written counter notification with [us/our Designated Copyright Agent] using the contact details provided below (referred to as a “Counter Notification”).

To qualify as an effective Counter Notification under the DMCA, your Counter Notification must include the following essential elements:

(1) Identification of the material that has been removed or disabled and the specific location where the material appeared before it was removed or disabled;

(2) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if you reside outside of the United States, for any judicial district in which we are located;

(3) A statement that you agree to accept service of process from the party that submitted the Notification or their authorized agent;

(4) Your full name, address, and telephone number;

(5) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of error or misidentification of the material in question;

(6) Your physical or electronic signature.

If you submit a valid, written Counter Notification that meets the requirements outlined above, we will reinstate the removed or disabled material unless we first receive notification from the party who filed the original Notification that they have initiated legal action seeking to prevent you from engaging in infringing activities related to the material in question.

Please be aware that if you materially misrepresent that the disabled or removed content was removed due to error or misidentification, you may be held liable for damages, including legal costs and attorney's fees. Submitting a false Counter Notification is considered an act of perjury.

You may send your Notification or Counter Notification to our Designated Copyright Agent electronically to: LEGAL_EMAIL

TERM LENGTH AND ENDING CONDITIONS

These Terms of Service will remain in effect for as long as you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY INDIVIDUAL FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR ANY APPLICABLE LAW OR REGULATION. We may terminate your access to or participation in the Site, or delete [your account and] any content or information you have posted, at any time and without prior notice, at our sole discretion.

If we terminate or suspend your account for any reason, you are strictly prohibited from registering or creating a new account under your name, a false or borrowed name, or the name of any third party, regardless of whether you are acting on behalf of that third party.

In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action, including but not limited to seeking civil, criminal, and injunctive remedies.

MODIFICATIONS AND INTERRUPTIONS IN SERVICE

We retain the authority to alter, revise, or eliminate the content of the Site at any moment and for any purpose, entirely at our discretion and without prior notification. Nonetheless, we are not obligated to refresh or update any information available on our Site. Additionally, we reserve the right to suspend or terminate all or specific sections of the Site at any time without notice.

We shall not be held responsible to you or any third party for any changes, adjustments in pricing, suspension, or termination of the Site.

We cannot ensure that the Site will always be accessible. There may be instances of hardware, software, or other issues, or the need to carry out maintenance on the Site, which could lead to interruptions, delays, or errors.

We retain the right to alter, amend, update, suspend, terminate, or otherwise modify the Site at any time and for any reason, without prior notification. You acknowledge and agree that we are not liable for any loss, damage, or inconvenience resulting from your inability to access or use the Site during periods of downtime or discontinuation.

These Terms of Service do not impose any obligation on us to maintain or support the Site, nor to provide any fixes, updates, or new releases related to it.

APPLICABLE LAW

These Terms of Service and your use of the Site are governed by and interpreted in accordance with the laws of the State of Delaware, applicable to agreements executed and fully performed within the State of Delaware, without consideration of its conflict of law provisions.

CONFLICT RESOLUTION

Unofficial Discussions
To facilitate the resolution and minimize the costs of any dispute, controversy, or claim arising under these Terms of Service (individually, a "Dispute" and collectively, the "Disputes") between you and us (individually, a "Party" and collectively, the "Parties"), both Parties agree to attempt to resolve any Dispute informally for at least ninety (90) days before pursuing arbitration. These informal negotiations begin with written notice from one Party to the other. At the request of either Party, these negotiations may involve a professional mediator to aid the process. If the Parties cannot mutually agree on a mediator, either may petition a court with proper jurisdiction to appoint one. Mediation may occur via phone, Zoom, or any other mutually agreed-upon method. Each Party has up to one (1) year from the date the Dispute first arose to invoke this clause. Disputes older than one (1) year are considered waived by the aggrieved Party.

Mandatory Arbitration
If the Parties cannot resolve a Dispute through informal negotiations or mediation, the Dispute (excluding those explicitly excluded below) will be resolved exclusively through binding arbitration. YOU ACKNOWLEDGE THAT WITHOUT THIS AGREEMENT, YOU WOULD HAVE THE RIGHT TO FILE A LAWSUIT IN COURT AND REQUEST A JURY TRIAL. The arbitration will be initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, when applicable, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), which are accessible on the AAA website atwww.adr.org.

LIMITATION OF LIABILITY

WE MAKE NO GUARANTEES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SITE'S CONTENT OR ANY CONTENT ON WEBSITES LINKED TO THE SITE. WE WILL NOT BE HELD RESPONSIBLE FOR ANY OF THE FOLLOWING:

ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR MATERIALS;

PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE;

UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;

INTERRUPTIONS OR DISRUPTIONS IN TRANSMISSION TO OR FROM THE SITE;

MALICIOUS SOFTWARE, INCLUDING BUGS, VIRUSES, OR TROJAN HORSES, TRANSMITTED THROUGH THE SITE BY THIRD PARTIES;

ERRORS OR OMISSIONS IN CONTENT OR MATERIALS, OR LOSSES OR DAMAGES INCURRED FROM USING CONTENT MADE AVAILABLE VIA THE SITE.

WE DO NOT GUARANTEE OR ENDORSE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, HYPERLINKS, OR ANY ADVERTISING BANNERS OR FEATURES. WE ARE NOT LIABLE FOR AND WILL NOT MONITOR ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

RESTRICTIONS ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE HELD RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR ANY OTHER LOSSES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

REGARDLESS OF ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR TOTAL LIABILITY TO YOU FOR ANY REASON AND REGARDLESS OF THE TYPE OF CLAIM WILL ALWAYS BE LIMITED TO THE AMOUNT YOU HAVE PAID TO US, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. CERTAIN STATE LAWS MAY NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS OR LIMITATIONS ABOVE MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL LEGAL RIGHTS.

DEFENSE AND COMPENSATION

You agree to defend, indemnify, and hold us, as well as our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand—including reasonable attorney fees and costs—arising from or related to:

Your Contributions;

Your use of the Site;

Your breach of these Terms of Service;

Any violation of your representations and warranties outlined in these Terms of Service;

Your infringement on the rights of any third party, including intellectual property rights; or

Any deliberate harmful actions taken against another user of the Site with whom you interacted through the Site.

This indemnification obligation applies to claims brought by third parties and encompasses all reasonable expenses incurred in defense.

Despite the above, we reserve the right, at your expense, to take full control and assume the exclusive defense of any matter for which you are obligated to indemnify us. You agree to cooperate with us, at your own expense, in our defense of such claims. We will make reasonable efforts to inform you of any claim, action, or proceeding covered by this indemnification as soon as we become aware of it.

MISCELLANEOUS

These Terms of Service, along with any policies or operational rules we post on the Site, represent the complete agreement and understanding between you and us. If we choose not to enforce or exercise any right or provision within these Terms of Service, it shall not be interpreted as a waiver of that right or provision.

These Terms of Service are enforced to the maximum extent allowed by law. We reserve the right to transfer any or all of our rights and responsibilities to others at any time. We are not liable for any loss, damage, delay, or failure to act resulting from circumstances beyond our reasonable control.

If any provision or portion of a provision in these Terms of Service is found to be unlawful, void, or unenforceable, that specific provision or portion will be considered separate from the rest of the Terms of Service. This will not impact the validity or enforceability of the remaining provisions, which will remain in full effect.

These Terms of Service and your use of the Site do not create any joint venture, partnership, employment, or agency relationship between you and us. You also agree that these Terms of Service will not be interpreted against us solely because we were responsible for drafting them.

You expressly waive any defenses related to the electronic format of these Terms of Service and the absence of physical signatures by the parties involved in agreeing to these Terms of Service.