TERMS AND CONDITIONS OF THE SERVICE
The Website provides You, with diverse content, such as movies, songs, features and shows which is organized into different sections or catalogues (collectively “Content”) subject to the payment of the relevant fee, which may be a regular fee (i.e., monthly, quarterly, or biannual fee) or a onetime fee (for example, PPV) as detailed below (all, the “Service”). The details and conditions of the Service acquired by You (hereinafter, the "Service Subscription") will be shown either at the time of Your sign-up in “MyAccount” or at the time You acquire of a new Service Subscription.
Service Subscription may include:
- Access to the Content available via streaming during a specified time period (hereinafter, the "Subscription Period") or Content through “MyAccount”;
- Access to HD or standard definition Content, as indicated in each case.
The Content is provided to us from third party partners (“Third Party Partners”) whom which we license the Content from, therefore, any Content can be removed from time to time without prior notice. However, in case of a substantial reduction of Content, we will make best efforts to notify you, and You will be entitled to cancel Your “MyAccount”, according to the procedure set forth in Cancelation Clause herein, and You will be refunded for the remaining Subscription Period. You will be able to subscribe to additional Services, to the extent available via the Website, and each additional Service will have its relevant fee, which shall be made through the billing information you provided while registering. For the purposes of these Terms a “Substantial Reduction” shall mean a reduction of 25 percent (25%) or more of the available Content.
The Website, Services and the Content are provided to you for your personal and non-commercial use only; You agree only to use the Website and Services as set forth in these Terms and according to applicable laws and regulations. You are responsible for any of your actions which breach or could be reasonably construed as a breach of these Terms. You may not use the Website nor the Services in a manner which would disrupt the use of the Website or Services by other users or persons. We reserve the right to investigate any breach or alleged breach of these Terms and to report any breach or alleged breach of these Terms to law enforcement authorities. We may prevent you from using the Website and our Services if we become aware of any action which breaches or which is reasonably construed as a breach of these Terms. We may also limit your use of the Website for any other reason and retain the right to terminate your use of the Website at our sole discretion. We reserve the right to refuse to accept post, display or transmit any content submitted to the Website by You. We have no responsibility to store or maintain any Content submitted to or posted on the Website and will not be held liable for any failure to store or maintain any such content.
Upon Your MyAccount registration, we will send You via email a registration confirmation as well as a copy of these Terms. During Your registration to MyAccount You will be asked to create and submit a password (“Password”) which will be non-transferable, and in an event You suspect you no longer have it in your possession, You shall inform us promptly. You hereby agree that you are solely responsible to maintain your Password discreet and will be liable for the expenses and damages caused as a result of the use of the Service by any third party that uses Your password.
Upon Your registration as a User in MyAccount, You will have a five (5) days period to enjoy for free a Service Subscription or as otherwise specified during registration (“Free Trial”). Your MyAccount Premium Subscription, will begin when successfully completing your payment details during the registration process, unless another membership is chosen after the payment details completion.
YOU WILL NOT BE CHARGED INITIALLY WHEN YOU REGISTER ON YOUR MyAccount FOR THESE FIRST 5 DAYS. IN THIS REGARD, PLEASE NOTE THAT YOU MAY CANCEL YOUR FREE TRIAL ACCORDING TO THE PROCEDURE SET FORTH IN THE CANCELATION CLAUSE BELOW. PLEASE NOTE THAT YOU WILL NOT RECEIVE ANY NOTIFICATION FROM US REGARDING THE EXPIRATION OF THE FREE TRIAL.
Once the Free Trial had passed and provided you did not cancel the Service Subscription, or My Account then your Service Subscription will be automatically renewed with the agreed basis billed (“Renew Fee”), until cancelled according to the procedure set forth in the Cancelation Clause. Notwithstanding, if your payment card (“Card”) or your bank account, for any reason does not accept the Renew Fee charge we would try to charge it again (“Second Charge Attempt”) at a special discounted price (Always lower than the original Price). If the charge is declined in the Second Charge Attempt, Your membership would not be renewed and you will be charged 4.99$ for the registration costs (“Registration Fee”).
If for any reason, Your Card or Your bank account do not accept Service fee charges, You will have a period of fifteen (15) days from the date Your payment was declined to make Your payment card or Your bank account valid by either rectifying any issue with Your payment card or Your bank account or by providing a new payment card number or bank account to us.
Please be aware that by not cancelling and therefore renewing the Service Subscription, You authorize us to charge You the Renew Fee or the Registration Fee at the fees agreed herein, and any other charges You may incur in connection with Your use of the Service Subscription.
Prices: Prices for each product are listed on the Website (see prices) and include the Value Added Tax ("VAT"). We reserve the right to offer, under our own commercial criteria, discounts, or other promotion (hereinafter, "Promotion") to You through the Website. Promotional offers or changing fees shall be properly marked and identified as such, and will display the previous price and the offer price. By agreeing to these Terms You acknowledge that the amount billed may vary from each Subscription Period, which may include differing amounts due to promotional offers or changing fees. You will be notified by us through email regarding such fees adjustments (“Fees Adjustments”). In order to continue using the Service Subscription following the Fees Adjustments, You must expressly agree to the adjustment in price for the Service Subscription or any other Content. You may not use the Service Subscription if You do not accept such new Terms and in such case You may cancel the Service Subscription, according to the procedure set forth in Cancelation Clause herein. We will send You by email a copy of the new Terms accepted by You.
Form of payment: Fees shall be paid by Credit card (Visa, or Master Card). Payments are non-refundable and there are strictly no refunds or credits for partially used Subscription Periods unless the Service Subscription is not correctly provided in accordance to the present Terms. Without prejudice of the foregoing, if You cancel Your MyAccount due to a removal of Substantial Reduction of Contents made available through the Website, You will be refund for the remaining Subscription Period. You are solely responsible for any and all fees charged to Your payment card by the issuer, bank, or financial institution including, but not limited to, fees, insufficient funds and over the credit limit fees.
You may cancel your service subscription any time. If You wish to do so, You may notify us of Your desire to cancel any of them, as following: (i) emailing us at [email protected]; You will not be charged for such cancellation. In this case, the Service Subscription cancellation shall last up to 72h hours, regardless of whether You enjoy of the relevant Service during the remaining Subscription Period; OR (ii) through the cancellation process You may find under the “Cancel Membership” tab on Your MyAccount. In this case, Your Service Subscription will be cancelled automatically, but You may be charged an amount if specified at the time. If You also want to cancel Your “MyAccount”, You may notify us by emailing us at: [email protected]; BE AWARE THAT WHEN YOU UNREGISTER FROM YOUR MyAccount, YOU ARE AUTOMATICALLY CANCELLING ANY SERVICE SUBSCRIPTION YOU MAY BE ENJOYING. When You cancel the Service Subscription You become a “Free User”. As a Free User, You shall keep the right to access to Your MyAccount in order to view the Content and Services’ information (such as titles, descriptions, thumbnails, etc.) but not to enjoy them. You will only be able to enjoy the content of the movies TV Shows available for Free Users.
We also may, at any time cancel Your MyAccount if: (i) You have breached any provision of the Terms or have acted in a manner that clearly shows You do not intend to comply with the provisions of these Terms; (ii) We are required to do so by the applicable law; (iii) We cease to provide the Service in the country in which You are resident or from which You use the Service. We reserve the right, at our own discretion, to suspend or end Your Service Subscription or Your MyAccount without prior notice. Excluding cancellation due to Your breach of any of the provision of the Terms, in case we suspend or cancel your MyAcount You will be refunded for the remaining period You were charged for.
The Content via the Website is transformed to you solely by streaming. Streaming shall mean a contemporaneous digital transmission of the material by Us via Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded, either permanently or temporarily, copied, stored or redistributed by You. You may view the Contents and enjoy the Service only in geographic locations where We have obtained the relevant licenses ("Territories"). Therefore, Contents that may be available to watch may vary by geographic location. You may simultaneously watch the Contents on a certain number of devices (hereinafter, the "Devices"). Further information about the number of devices authorized and the simultaneous streams can be checked in Your MyAccount info tab. Contents and Services offered by Us shall be continually updated. We also reserve the right to test and may make changes on different aspects of the Services, such as the Website, the interfaces, plans, Promotions, availability of Contents, delivery and pricing and by using the Service You agree that You may be affected by these tests.
By signing up for Your MyAccount, we grant You a limited, non-exclusive, non-transferable, license to access the Contents on a streaming-only basis in any of the Territories through the Devices. Except for the foregoing limited license, no right, title or interest shall be licensed to You. We do not grant any further license or authorization of use of any kind on its industrial or intellectual property or on any other property or right related to the Website, the Service or the Content. You acknowledge and agree that the Services may provide you with Third Party Partners’ Content (as specified above) which includes copyrighted material, trade secrets, patents (registered or pending), designs, information, methods, specifications, graphics, text, logos and other proprietary material ("Intellectual Property"). You shall not, shall not attempt to, and shall not allow any third party, to use, copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, adapt, sublicense, make any commercial use, sell, rent, lend, process, combine with other software, translate, modify, reverse engineer, disassemble or decompile any such content. Nor may he create any derivative works or other works that are based upon or derived from the aforementioned content in whole or in part. Intellectual Property law including, Copyright law and certain international copyright treaty provisions protect all parts of the Services and all content provided therein or therewith (including all products and services). No program, code, part, image, audio sample, or text may be copied, or used in any way by the user except for the applicable Purpose. We respect and expects You to respect the rights of copyright holders. On notice, we will act appropriately to remove content that infringes the copyright rights of others. We reserve the right to disable the access to Services or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe the Website or the Services, infringed your copyright rights, please contact us at: [email protected].
Please ensure you communication includes the following: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. We reserve the right to remove any Third Party Service or Third Party Content, including any user generated content if applicable, in our sole discretion.
The Website, Service and Content will include links to websites and services operated by third parties (“Third Party Websites”) as well as reviews and commentary on Third Party Websites. Such links may be posted by us, you, other users, Google AdSense or other parties. We have no control over any Third Party Websites that may be linked from the Website. We are not liable for any losses or damages you may incur by navigating to any Third Party Websites which may be linked from the Website. We may earn commissions through affiliate programs operated by Third Party Websites. Our membership in any affiliate program operated by Third Party Websites is not an endorsement of any such Third Party Websites.
To use the Website and Service, you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Website or Services. By accepting these Terms, You confirm that You are at least 18.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE CONTENT SERVICES AND THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENT, WEBSITE AND SERVICES IS PROVIDED “AS-IS” AND YOU ARE TO USE THE WEBSITE SOLELY AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) WHICH OCCURS AS A RESULT OF YOUR USE OF THE WEBSITE. WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS. WE MAKE NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE ON THE WEBSITE IS TRUE, RELIABLE OR ACCURATE. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE WEBSITE. WE MAKE NO REPRESANTATIONS OR WARRANTIES REGARDING THE QUALITY OF YOUR WATCHING EXPERENCE ON YOUR DEVICE. THE QUALITY OF THE DISPLAYED CONTENT MAY VARY IN ACCORDANCE TO YOUR INTERNET SERVICES AND YOUR DEVICE CAPABILITIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR INTANGIBLE LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR ANY LOST PROFITS, LOST JOBS OR CONSULTING ARRANGEMENTS WHICH YOU MAY INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR YOUR RELIANCE ON ANY INFORMATION ON THE WEBSITE OR YOUR DEALINGS WITH ANY THIRD PARTY WEBSITE WHICH MAY BE LINKED TO OR FROM THE WEBSITE. THIS LIMITATION OF LIABILITY SHALL NOT BE MODIFIED EVEN IF WE HAVE BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. FURTHERMORE YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR THE DELETION OF, CORRUPTION OF AND THE FAILURE TO STORE ANY CONTENT SUBMITTED BY OR THROUGH YOUR USE OF THE SERVICES OR THE WEBSITE.
You agree to hold us harmless and indemnify us from and against any third-party claim arising from or in any way related to Your use of the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), lawsuits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Content, Website or Services, without notice, at any time. In addition, you hereby acknowledge that the Content or features included or provided under the Website or Services may be changed, extended in terms of functionality, content or form, or removed at any time without any notice to you or to any third party. You agree that we are and shall not be liable. In order to use the new Contents, You will be required to agree to the new applicable Terms. You may not use the Service if you do not accept the new Terms. In the case which You do not agree to the new Terms, You may cancel Your MyAccount, according to the procedure set forth in Cancelation Clause above.
Your continued use of the Website after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
For any dispute you have with us, you agree to first at [email protected] and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Term and Conditions to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. This arbitration agreement will survive the termination of these Terms. These Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, Southern District, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, New York Southern District, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
Any clause or provision of these Terms and Conditions that is found to be illegal, invalid or unenforceable shall be excluded from the same and shall be considered inapplicable to the extent of such illegality, invalidity or unenforceability and replaced with a clause or provision as similar as possible to such illegal or invalid clause, in accordance with the common practice in this field. The remaining provisions shall not be affected and notwithstanding such illegal, invalid or unenforceable clause or provision, shall remain fully valid and in force
If you have any questions about these Terms and Conditions, please contact us at: [email protected].