1. ACCEPTANCE OF TERMS OF SERVICE
We (hereafter referred to as “Provider”, “we”, “us” or “our”) offer premium games, bite-sized courses and other services optimized for mobile devices/ offer the ultimate destination for watching and engaging with the world’s best films. These services are available as a browser-based application (“Services”).
Please take the time to read and understand the Terms of Service. If you do not agree with the Terms of Service, Additional Terms as well as the Privacy Policy, please don’t use the Sites or any of the Services.
The Terms of Service, Additional Terms and Privacy Policy may be updated without prior written notice to you at any time. These changes will form part of the Terms of Service, even if you do not re-use the Sites. You are responsible for being familiar with any amendments or modifications of the Terms of Service, Additional Terms and Privacy Policy.
Full access to the Service can be provided by a fee-based subscription which can be purchased for different periods and will be automatically renewed if not cancelled. We grant our subscribers full access to the content as long as they have an active subscription.
You are fully responsible for all activities that occur through your subscription. That responsibility includes, but is not limited to, the responsibility that you ensure timely payment of any fees, tariffs or other charges for getting access to the Services or any products and services made available through the Services. You agree to notify us immediately in case you become aware of or suspect unauthorized use of your subscription or any other breach of security.
To make the most out of our Service you must have the necessary mobile communication means with easy internet access. Some wireless applications are only available for a select number of mobile devices. This is an issue with its manufacturers, hence out of the control of Provider. To prevent any disappointment, we ask you to check the compatibility of your device before subscribing to the Service.
You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Provider’s operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Provider shall have the right to immediately terminate or suspend the Service.
In order to use the Service you (a) must at least have reached the age as per the rules and regulations of your country of residence and have bill payer’s permission to sign-up for and use the Service on his behalf and (b) agree on behalf of the bill payer and yourself to be bound by the Terms of Service, Additional Terms and Privacy Policy.
The charges will be invoiced through the mobile bill you receive from the mobile operator of your network or through any other selected payment method. Separate text message fees and/or network fees from your mobile operator or payment processor can apply.
In the free welcome message or email you will find information about the Service fee and the frequency of the Service. We ask you to check and store this welcome message or email.
All fees, including fees for existing subscription contracts, are subject to change upon notice from us. We will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription effective immediately upon termination.
In the event of an unsuccessful recurring payment, we reserve the right to bill a discounted membership rate in exchange for full and uninterrupted access to the service. In cases whereby the discounted rate is unsuccessfully charged, a €1.99 administrative fee may be applied in order to keep your subscription active until a full or discounted subscription fee can be processed successfully.
You are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by Provider, and you are fully liable for all actions carried out involving the use of your password or account. You should contact Provider if you notice or suspect that unauthorized use has been made of your password or account, or any other breach of security.
Provider may provide you with access to some Services without being registered, such as sign-up via your mobile device for the Service. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.
We reserve the right to upgrade, amend, suspend or discontinue the Services without prior notification at any time. You agree that we shall not be liable to you or to any third party for any amendment, suspension or discontinuance of the Services.
f. you will not reproduce, copy, sell, resell or use the Service, in whole or in part.
Where we suspend or prohibit or block your access to the Services or a part of the Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Our use of your personal information is governed by our Privacy Policy. Our Privacy Policy forms an integral part of the Terms of Service, and by agreeing to the Terms of Service, you also represent that you have read and understood our Privacy Policy and give consent to the way we may handle your personal information as detailed in our Privacy Policy.
You agree to indemnify, defend and hold harmless Provider, its parent companies, subsidiaries, related entities, affiliates, subcontractors and their respective directors, officers, agents, employees and their representatives from and against any and all claims, damages, lawsuits, demands, actions, liabilities, or other proceedings brought against it by any third party due to, arising out of, or related to: (i) your access to and use of the Service, the content, the downloads, Software and Sites, including without limitation, your downloads from the Sites; (ii) your violation of the Terms of Service and/or Additional Terms; (iii) any alleged breach by you of any express or implied representation(s) or warranty(ies); or (iv) violation of any law, regulation or third party rights by you, or any third party using your account. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Provider in connection with or arising from any such claim, lawsuit, action, liabilities, demand or other proceeding.
When your country of residence is part of the European Union and you have purchased a subscription, you have the right to withdrawal from a subscription within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of purchase of subscription. To exercise the right of withdrawal you must inform us of your decision to withdraw from the purchase by an unequivocal statement. You may use enclosed European model withdrawal form, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you withdraw from the purchase, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdrawal from the purchase. You will not incur any fees as a result of such reimbursement. If you us the Service during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the subscription, in comparison with the full coverage of the subscription. The right of withdrawal does not apply for renewal of subscription.
The inclusion of any advertising or promotion on our Sites or in our Services does not constitute any endorsement by Provider of such content, product, service or company. Provider shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties. You agree that provider is not liable for any damage of any nature whatever that may be the result of such transactions.
You agree to make no claim of interest in or ownership of any Intellectual Property Rights and you acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, other than the rights expressly granted in the Terms of Service and/or Additional Terms.
You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Service or the Software except in the event that Provider has given you explicit written permission to do so.
Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and the Sites solely in accordance with the Terms of Service and Additional Terms, as long as you do not copy, alter or amend any Software, source codes or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those, or otherwise attempt to find a source code, and you agree not to sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licenses for those, encumber those with security rights or otherwise transfer those. You guarantee that you will not amend the content, the Software and Intellectual Property Rights in any way or use amended versions of the Software and Intellectual Property Rights, including (but not limited to) in order to gain unauthorized access to the Service. You guarantee that you will only use the interface provided by the Provider in order to access the Service. Provider herewith grants permission to make only one copy of the information on the equipment you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment for private purposes.
We respect the intellectual property rights of others and expect you to do the same. We enforce third party’s intellectual property rights and can, in appropriate circumstances, suspend or terminate the accounts of subscribers or users who are infringers. We will respond expeditiously to claims of copyright infringement committed using our Services and/or Sites, if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the our website by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to our Designated Copyright Agent. Upon receipt of the notice as described below, we will take whatever action, in own sole discretion, it deems appropriate, including removal of the challenged content from the Services and/or Sites.
g. THE SERVICE IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF SEEKING AND, THE PROVIDER IS NOT PROVIDING MEDICAL TREATMENT OR ADVICE.
YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES, SHALL THE PROVIDER PARTIES BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, THE CONTENT, SOFTWARE AND SITES, EVEN IF PROVIDER’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN THIS SECTION, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY PROVISION OF THIS SECTION IS INVALID OR UNEFORCABLE, THEN THE INVALIDITY OR UNENFORCABILITY OF THAT PROVISION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER POVISION. FURTHERMORE, SUCH COURT SHALL HAVE AUTHOIRTY TO REFORMULATE SUCH INVALID OR UNENFORCEABLE PROVISION TO PRESERVE THE INTENT OF THE PARTIES HERETO. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, THIRD PARTY SERVICES MADE AVAILABLE THROUGH THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES. IN NO EVENT SHALL THE PROVIDER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO REGISTER FOR THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES.
You may not transfer any of your rights or delegate any of your obligations under this agreement without our prior written consent. Nothing in this agreement affects your statutory rights as a consumer.
The Cyprus law is applicable to the relationship between you and Provider, regardless of provisions of applicable international law. You and Provider hereby waive any right to jury trial with respect to any action brought in connection with the Terms of Service and/or Additional Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Disputes will be submitted to final and binding arbitration under the rules of the arbitration association in your country. Any failure by Provider to exercise or invoke certain rights or stipulations laid down in the Terms of Service and/or Additional Terms, in no way constitutes a waiver or renunciation of those rights or stipulations.
In the event any provision of the Terms of Service and/or Additional Terms, is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.
In certain cases, if the Cypriot court decides, notwithstanding anything to the contrary in these Terms of Service and Additional Terms, the applicable federal laws of your country of residence will govern the relationship between you and Provider under these Terms of Service and Additional Terms. You and Provider hereby waive any right with respect to any action brought in connection with the Terms of Service and Additional Terms (i) to a jury trial, and (ii) to join any claim with the claim of any other person or entity in a lawsuit, arbitration or other proceeding, or to otherwise file a class action or seek relief on a class basis. Except as provided herein, disputes will be submitted to final and binding arbitration before a single arbitrator through telephone hearing or by in-person hearing in the county where you reside, in Dallas Texas, or in any other location that you and we mutually agree to. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude you or us from (i) seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or (ii) filling claims on an individual basis, if they qualify under applicable rules, in an appropriate small claims court.