1. Service
The Site and the Service, including all features and functionalities, instant streaming, our website and user
interfaces, and all content and software associated therewith (the " service" or "service")
are
offered under the terms and conditions stated in this document, called Terms of Use ("Terms") together
with the other agreements and documents referenced herein, including any future amendments to any of the
foregoing
(collectively, the "Agreement"). By using the Site and/or the Service, either as a Member User, a
recipient of an e-mail from a registered user, or the user of ("you" or "your"), you agree
to
the Agreement. You agree the Agreement is a binding contract between you and The
company with its registered office in Via delle Industrie 33 Lissone MB Italy, Telephone: , VAT
Number: 11080830968 (The company, “we”), the company that owns and operates the website
(the
"Site"). If you do not wish to be bound to these Terms, you should immediately stop using the Site and
the
Service.
2. The Agreement
No contract or agreement is formed and you have no rights to the Service, unless and until The company has
agreed to
provide you the Service. The company may amend or modify the Agreement at any time, without prior notice. The
changes become effective immediately upon posting such amended or modified terms on the Site or if The company
otherwise notifies you of such amended or modified terms. If you continue using the Site and/or the Service
after
The company so posts or provides such notice of such amendments or modifications, you have accepted the
Agreement as
amended or modified. If you do not accept and abide by such amended or modified Agreement, you should not use
the
Site or the Service.
We may refuse any application to use the Services for any reason whatsoever.
3. License & Content
License
The company is pleased to grant you a non-exclusive limited license to use the The company Services, including accessing and viewing the Content on a downing-only basis through the site, for personal, non-commercial purposes as set forth in these Terms. We reserve the right in our sole and absolute discretion to make changes and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always be working in the future. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
The Content
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by The company in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by The company in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by The company. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by The company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
Availability
The availability of the Content will change from time to time, and from country to country. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. The company makes no representations or warranties about the quality of your instant watching experience on your display.
Geographic Limitation
You may instantly watch the Content through the service only in geographic locations where we offer our service and have licensed such movie or TV show. The content that may be available to watch will vary by geographic location. The company will use technologies to verify your geographic location.
4. Support service
To use the Services, any device that you want to use it on shall meet the minimum requirements of the Site, i.e.: connection to the internet, web browser, Java Script, shockwave, flash. During the term and for Member Users, the Service includes (a) a reasonable amount of assistance in the use of the Service and reasonable diagnosing and attempting to resolve problems with the use or delivery of the Service, and (b) updates and revisions to the Site and Services that the company elects to provide to Member Users generally (collectively, the "Support Services"). Support Services are only provided during regular business hours and exclude weekends and The company holidays. The company may condition the timing and delivery of Support Services in whatever method or manner it chooses, which may include communication via email. In order to take advantage of the Support Services, you may be required to purchase additional or different equipment or services from third parties. The company has no obligation to provide any other assistance, support, maintenance, or other services or to perform any assistance by any other method, such as at your location. If The company, in its sole discretion, agrees to provide any additional services, such additional service shall be governed by these Terms and Conditions.
5. Fees and Payment
This is a monthly subscription to the Service charged at USD 39.99. Your monthly subscription starts the moment
you
subscribe to the service with the opt-in option selected. The Services will automatically renew on a monthly
basis
and you as the user give permission for a monthly charge / fee via your credit card to occur. There is no
minimum
contract period and you may cancel any time.
The company, within the limits allowed by law, is not
responsible for any inconveniences or damages caused by usage of the particular Payment Method, especially
delays or
impossibility to make payment. In such case you should complain about those services to their provider, in the
manner provided by their terms and conditions. If the Payment was not accepted because of any reasons
attributable
to The company, please contact us via e-mail address: By the acceptance of hereby
Terms
of Use, you declare, that all the payments shall be made with the funds from a legitimate source.
Internet Access Charges
You are responsible for any costs you incur to access the internet.
6. Cancellation
Term
User has the right to cancel the subscription at any time starting from the time the registration was made. If
the
user chooses to cancel the subscription, the account will be cancelled at no extra cost. If the user chooses to
cancel the subscription after the regular billing have started, the subscription will be cancelled immediately
and
the account will run out at the end of the period that have been paid for.
To cancel your account, you
may
go to your account settings and choose cancel account. You may also call us at or email us at :
.
Service Termination
Except as stated below, you agree that The company may modify, suspend, discontinue, or otherwise terminate the Service or the Agreement, on a temporary or permanent basis, at any time, in whole or in part, for any reason or no reason, with or without notice, and without liability to you. For example and without limitation, The company may terminate or suspend your access to the Service for lack of use; for failure to pay account fees within the period of time designated by The company; for registering more than one account; for using multiple accounts; for maintenance of the Site or performance of Support Services; for failure to follow the rules posted on the Site or in these Terms; for actions outside these Terms; or for any other reason determined by The company. Unless you have violated the terms and conditions of the Agreement, if you are a Paid User, a material modification that negatively impacts the Service or a suspension, discontinuance, or other termination of the Service or the Agreement will occur at the end of the current term of the Service. Notwithstanding the foregoing, The company may make a material modification that negatively impacts the Service or suspend, discontinue, or otherwise terminate the Service or the Agreement at any time by refunding you the prorated portion of the fees you have paid for the current term of the Service through the end of that term. Continuation of the Service by a Paid User after any such material modification or suspension constitutes the Paid User's agreement to waive any claim for any refund of fees.
Other Remedies
In addition or as an alternative to termination, cancellation, or discontinuance of the Site and/or the Service, The company may take whatever action it deems necessary or convenient, in its sole discretion, in the event of your breach of Agreement. Such actions may include, without limitation, suspending your access to the Site and/or the Service, blocking your IP address, or any other technical or legal means at The company disposal.
Effect of Termination
Upon expiration, termination, cancellation, or discontinuance of the Site and/or the Service, your right to use
the
Site and/or Service will cease in the time stated above, and you will have no right to access your account or
any
files or other content contained in your account, although residual copies may be retained in The company
system.
The company may retain any such files or other content at its discretion.
Any suspension, termination
or
cancellation will not affect your obligations to The company under these Terms of Use (including, without
limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense
and
context are intended to survive such suspension, termination or cancellation.
7. Refunds
We will make any refund due to you (less any deductions due to us) without undue delay and not later than the earliest of 14 days from the date you notify us of your decision to cancel or in the case of any Goods, (ii) the date we either receive the Goods back from you or (iii) we receive evidence the Goods have been returned (such as a proof of posting receipt). We will make the refund using the same means of payment that you used when you placed your order, unless you have agreed otherwise. These cancellation rights do not affect your legal rights.
8. Your responsibilities
You agree to use the Services for lawful, non-commercial, and appropriate purposes only. You agree to observe
the
' Services, Content and embedding restrictions detailed above, and further agree that you will not access
the
Site or use the ' Services in a way that:
- violates the rights of others, including patent,
trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
uses technology or
other means to access, index, frame or link to the Services (including the Content) that is not authorized by
The
company (including by removing, disabling, bypassing, or circumventing any content protection or access control
mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access
to,
or distribution of the Services)
- involves accessing the Services (including the Content) through any
automated means, including "robots," "spiders," or "offline readers" (other than
by
individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the
extent necessary for, creating publicly available search indices - but not caches or archives - of the Services
and
excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized
content)
- introduces viruses or any other computer code, files, or programs that interrupt, destroy,
or
limit the functionality of any computer software or hardware or telecommunications equipment
- damages,
disables, overburdens, impairs, or gains unauthorized access to the Services, including 's servers,
computer
network, or user accounts
- removes, modifies, disables, blocks, obscures or otherwise impairs any
advertising in connection with the Services (including the Content)
- uses the Services to advertise or
promote services that are not expressly approved in advance in writing by The company
- collects
personally
identifiable information in violation of The company Privacy Policy
- encourages conduct that would
constitute a criminal offence or give rise to civil liability
- violates these Terms or any guidelines
or
policies posted by The company
- interferes with any other party's use and enjoyment of the
Services
- attempts to do any of the foregoing
Accordingly, you undertake
that:
- you will stream and watch Content for personal, private use only (and not for any direct or
indirect commercial purpose)
- you will not, and will not encourage or assist any other person to,
copy,
reproduce, lend, rent, broadcast, distribute or transmit any Content
- you will not, and will not
encourage
or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or
otherwise tamper with any security, encryption or other rights management technology or software that is part of
any
Content or part of the means by which we stream the Content to you
9. Suspension/Discontinuation
We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that The company may do so inThe company sole discretion. You also agree that The company will not be liable to you for any modification, suspension, or discontinuance of the Services, although The company may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if The company terminates your account or suspends or discontinues your access to Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
10. Copyright
All Content are owned by The company (or our affiliates and/or third-party licensors (as applicable)), unless
indicated otherwise. The materials may not be used except as provided for in these Terms, and any other relevant
terms and conditions provided to you without our prior written permission.
You acknowledge and agree
that
certain Content provided to you is the property of third-party licensors and without prejudice to any and all
other
rights and remedies available, each such licensor has the right to directly enforce relevant provisions within
these
Terms against you.
11. Trademarks
The logo and all other product or service marks are trademarks of The company. All other trademarks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.
12. Force Majeure
The company will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to The company infrastructure or connectivity to the internet or failure at an The company co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, The company will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that The company may reasonably require to recover from the effects of such Force Majeure Event.
13. Disclaimer of Warranties
You expressly understand and agree that your use of the site and/or the service is at your sole risk. The company and its suppliers provide the service "as is" and without any warranty or condition of any kind, express, implied, statutory, or otherwise, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. The company makes no warranty that the site or the service will: meet your requirements or be uninterrupted, timely, properly stored or delivered, accurate, secure, error-free, or free of viruses or other harmful components, and the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations. Any material transmitted or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the transmission of any such material.
14. Governing Law and Jurisdiction
These Website Terms shall be governed by and construed in accordance with us law. You can bring legal
proceedings in
respect of Website Terms in the us courts. If you live in a part of the us or any other Member State of the
European
Union, you can bring legal proceedings in respect of these Website Terms in either the us courts or the courts
of
your home country.
As a consumer, you will benefit from any mandatory provisions of the law of the
country
in which you are resident. Nothing in these Website Terms, including the paragraph above, affects your rights as
a
consumer to rely on such mandatory provisions of local law.