("we", "our" or "us") provides a personalized subscription service (the "Service") that offers movies, games, music and e-books jointly or severally, the "Content") on this website (the "Site") as provided in these Terms and Conditions of Use (the "Terms").
This service agreement ("Agreement") is entered into by and between and you and is effective as of the date of your use of the Site or the date of electronic acceptance. This Agreement sets forth the general terms and conditions (the "Terms") of your use of the Site and/or our Services as purchased or accessed through the Site. By using this Site or signing up for any part of our Service you agree to be bound by these Terms. If you do not agree with or do not comply with the Terms, you should not enter the Site or register for the Service.
We may, at our discretion, and at any time, make changes to the Terms. If we make material changes to the Terms we will provide you with notification as appropriate e.g. by banner pop-up on this Site. Any changes shall be deemed to be in effect immediately on their publication and your continued utilization of the Service after modification will constitute your acceptance of the changes.
If you disagree with any changes to the Terms and do not wish to continue using the Service after changes have been made, you may terminate this Agreement by contacting our Customer Support team.
Content is available for use on the Site through the creation of a user profile under one account ("Your Account"). Only the Account holder, and those with expressed permission from the Account holder, may create a profile.
We will require the following information from you to create an Account and provide you with the Service ("Account Details"):
"Payment Card" means a current, valid charge or credit card. By providing a Payment Card you authorize us to charge you a monthly fee and any applicable taxes corresponding to the payment plan selected below.
Information provided during sign-up can be amended at any time during the sign-up process by returning to earlier steps and amending the information previously entered.
Your use of the Service is contingent upon your access to the Internet via a computer, mobile device, streaming media player, or other device. You are also required to download and install our specific software applications; and provide us with one or more Payment Cards.
At our discretion, we may offer a variety of Monthly Premium Memberships, including promotions.
Some Monthly Premium Memberships may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
The requisite Monthly Premium Cost and any other charges you may incur in connection with your use of the Service will be charged to you on a monthly basis Card on the calendar day corresponding with the commencement of your Monthly Premium Membership.
We reserve the right to change the terms of your Monthly Premium Membership, including price, from time to time. Any changes relative to pricing will become effective at the beginning of your next billing cycle following the date of the change.
You may be able to modify your Monthly Premium Membership e.g. through an upgrade or downgrade. To change your Monthly Premium Membership, call our Customer Support team on our 24-hour accessible line or for international customers. You will also have to authorize any applicable changes in pricing to be charged to your Payment Card.
You can also cancel your Monthly Premium Membership at any time. See further details below.
Please note that should you cancel your Membership you may be able to enter the Members Area and view available Content. You will not be entitled to benefit from the use of our Content or any of the other features available on the Site. Should you wish to access Content you will be required to upgrade your Membership to a Monthly Membership Plan.
We may, at our discretion, provide promotional offers, including but not limited to a free trial period, which may be subject to terms and conditions different from these Terms. Any additional and/or differential terms will be disclosed to you at the time of sign-up. You are solely responsible for reviewing any additional terms governing the promotional offer.
Promotional costs will only be applicable during the specified promotional period. At the end of the promotional period, your Monthly Premium Plan will automatically renew and the Monthly Premium Cost will become payable at the end of the next Billing Period.
By subscribing to a Monthly Premium Membership, you authorize us or our payment processor to charge the applicable recurring subscription fees to your designated Payment Card unless and until you cancel your subscription. We automatically charge your Payment Card on the calendar day corresponding to commencement of your subscription. The interval of time between each payment due date will correspond to the term of your Monthly Premium Plan (the "Billing Period"). In the event your Monthly Premium Membership began on a day not contained in a subsequent month following your registration, we charge your Payment Card on the last day of the subsequent month (e.g. if your Monthly Premium Membership commenced on January 31, your Payment Card would next be billed on February 28).
If, for any reason, we are unable to charge the Monthly Premium Cost to your Payment Card, you will have nine (9) calendar days (or other period as advised by your financial institution) from the date the charge was declined to make the details related to your Payment Card valid. If we are unable to charge your Payment Card after the expiration of this period, your Monthly Premium Membership and/or any other applicable part of the Service will be suspended until we have successfully charged a valid Payment Card.
You agree that, on registration for a Membership, you authorize us to place a pre-authorization hold (usually between USD $ 1.00 to 2.00) to validate on your Payment Card to validate your billing address and other Payment Card information. This temporary hold will be released in typically three (3) to seven (7) business days. We advise that you check with your service provider for details of their authorization arrangements. You agree that we will not be responsible for any results, such as an overdraft fee, that may occur to your account with a financial institution as a result of such authorizations.
We reserve the right to charge you reasonable “administrative” fees" for: (i) tasks we may perform outside the normal scope of our Services, (ii) additional time and/or costs may incur in providing our Services, and/or (iii) your noncompliance with this Agreement (as we determine in our sole and absolute discretion). These fees may include, but are not limited to: (i) customer service issues that require additional personal time or attention; (ii) disputes that require accounting or legal services, whether performed by or by external professional retained by ; (iii) recouping any and all costs and fees, including the cost of Services, incurred by as the results of chargebacks or other payment disputes brought by you, your bank or Payment Card processor.
Be aware that your Payment Card issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment. Local tax charges may vary depending on the payment method used. Check with your service provider for details.
If you elect to use a different Payment Card from the one you selected during registration, or if there is a change in your Payment Card’s validity or expiration date, you may edit your Payment Card the details in the "My Account" section of the Site. You are solely responsible for keeping your Payment Card details up to date and, through acceptance of these Terms, you authorize us to continue billing you and acknowledge and accept that you will remain responsible for any accumulated unpaid fees.
If your Payment Card expires and you do not edit your Payment Card information or cancel your account, you authorize us to continue billing you, and you will remain responsible for any accumulated unpaid fees relating to our Service.
You agree not to use the Site or Services in any way that:
All Account Details you submit must be accurate and updated, where appropriate via the "My Account" area login. You are required to keep your private information including your password confidential. You will not be required to disclose your password to any of our representatives. You should notify us by email at [email protected] if your password is lost or stolen, or you suspect any unauthorized use of your account.
Respecting intellectual property rights is important to us. If you deem that we have infringed your intellectual property rights e.g. copyright, you must alert us, in writing, and provide us with the following details:
This information should be sent to [email protected] The supply of the aforementioned information in no way constitutes an admission on our part as to any alleged infringement and shall be used for investigative purposes only.
Our Service is provided "as is" and "as available".
We make no guarantee as to the availability of a specific item of Content or the minimum amount of Content available in any Monthly Premium Plan. Additional terms applicable to a given Membership will be indicated upon sign-up. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. We assume no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. We are not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site.
Under no circumstance shall we, our affiliates, and/or any of their respective directors, officeholders, employees, brokers or other representatives be liable for any direct, indirect, incidental, or aggravated losses (including loss of data, revenue or profit, loss of or damage to your property, as well as unaffiliated claims) or any additional losses of any kind, arising out of or in connection with: the Site; any Materials or information appearing on the Site; any software, tools, tips, goods, or offerings available through, found in or publicized on the Site; any link provided on the Site.
To the fullest extent applicable under law, you agree to indemnify and hold harmless , our directors, shareholders and officers from damages, losses and reasonable legal fees and costs related to: (a) your violation of these Terms; and; (b) your utilization of the Site or our Service; (c) any user Consent; or (d) any violation of any law or the rights of a third party.
All assertions, problems, or controversies (regardless whether in contract or regulation, or otherwise, and regardless whether current, past, or future) arising out of or with reference to: (a) the Terms; (b) the Site; (c) the Service; (d) any advertising campaign relating to the Terms or the Site (collectively "Claims").
Where permitted by applicable law you and agree that each party may bring claims against each other in an individual capacity. You agree not to commence or participate in any class or representative action against us.
All of the Terms and Conditions must be managed by, interpreted and enforced with regards to the regulations of , without reference to conflict of laws.