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Delivering content, including advertisements, relevant to your interests on CineFunTV sites and third party sites.
The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer.
On both CineFunTV-owned and operated sites and unaffiliated sites, CineFunTV displays interest-based advertising using information you make available to us when you interact with our sites, content, or services. Interest-based ads, also sometimes referred to as personalised or targeted ads, are displayed to you based on information from activities such as watching films or TV series on our sites or visiting sites that contain CineFunTV content or ads.
Cookies enable us to learn about what ads you see, what ads you click, and other actions you take on our sites and other sites. This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can be careful not to show you the same ones repeatedly.
We do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads. We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalised ad or content are part of the group that the ad or content is directed towards (for example, users in a particular geographical area or users who browsed or watched a certain movie category). Also, some third-parties may provide us information about you (such as demographic information or sites where you have been shown ads) from offline and online sources that we may use to provide you more relevant and useful advertising.
Our service is not only available via our website on a PC or laptop. It is also available via applications on consumer electronics devices connected to the Internet, for example, smart TV's, Tablets, Set Top Boxes, DVD Players or Blu Ray players or media centres. To provide our service on those devices, we have to use identifying tokens to recognize your device and associate it with your account. Those tokens are not normally called "cookies" but they work in a similar way to cookies. What we use the tokens for will depend on what functionality the application has. We do not use these tokens to display advertising to you on devices but we may use the information collected via the token (e.g., the fact you watched a particular content) to display interest-based advertising as described in the section "Internet Advertising" above. You can de-activate or uninstall our services from your device and, in doing so, remove these tokens from it at any time.
Amended 01 October 2013.
If you do not register as a Member of CineFunTV, the information we collect from you is limited. We log your IP address in order to help diagnose problems with our servers, administer the Website and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on the type of Internet connection. Either way, it would be extremely difficult for us to identify you through your IP address, and we make no attempt to do so. If you reach the Website by clicking on a link or advertisement on another website, then we also log that information. All of this information is collected and used only in aggregate; that is, it entered into our database, where we can use it to generate overall reports on our visitors and may generate reports about individual visitors.
If you choose to register as a Member of CineFunTV, you will be able to take advantage of all the features on the Website. CineFunTV collects some or all of the personally identifiable information set out below when you subscribe to the CineFunTV service register as a Member of CineFunTV, when you access and use the Website and/or when you use CineFunTV's Products and/or Services. The information we collect will vary depending on the circumstances, e.g., if you stream film or TV content, we will collect most of this
information. If you simply use some of our services, (such as writing a review or entering a competition) we may only collect more limited information.
If you do not want to receive emails from us with offers, news and information, you can email your preference at email@example.com and we will remove you from the distribution list.
All information you provide to us is stored on secure servers that are protected in secure facilities including firewall protection and located in those countries that form part of the European Economic Area or are considered to provide adequate protection for personal information under the European Union Data Protection Directive (95/46/EC).
'Cookies' are small text files that are stored by the browser on your computer. Websites are able to read and write these files, which allows them to store things like personalisation details and user preferences. For more information, see our Cookies and Internet Advertising Policy.
We also may share your personal information with third parties (i.e. agents or sub-contractors) specifically engaged by CineFunTV to provide services to us, in which case we will require those parties to keep that information confidential and secure and to use it solely for the purpose of providing the specified services to us.
Companies and individuals registered in the CineFunTV Affiliate Program receive aggregate information about customers that they direct to CineFunTV through links on their websites. No personally identifiable information is provided to affiliate members; the information collected from our affiliates is used strictly for the affiliates program and will not be used for general marketing purposes.
CineFunTV also provides analysis of our customers in the aggregate to prospective partners, advertisers, movie distributors, a broadcaster and other third parties. We do this so that our business partners and we can understand you better, and so we can keep bringing you first-rate services. We may also disclose, on an anonymous basis, literal statements made by our customers. At no time, however, will we disclose personal information about specific customers.
CineFunTV has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We will continue to enhance our security procedures as new technology becomes available.
For transmitting your personal information to us, we use a secure server. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
Your CineFunTV account information is password-protected for your privacy and security. You can play an important role in keeping your personal information secure by maintaining the confidentiality of your password used on the CineFunTV website. We recommend that you change your password from time to time for additional security. Please advise us immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security.
Access authorisation is granted only to staff of CineFunTV and to our agents or subcontractors if necessary for the performance of our operations or for them to provide services to us. Any information accessed by those agents or subcontractors is required to be kept confidential and secure and is not permitted to be used for any purpose except to provide their services to us.
Backups are run to prevent loss of information, and our Internet servers are housed in secure facilities.
(Attention: Privacy Officer) CineFunTV, 388 Selsdon Road, South Croydon CR2 0DE, United Kingdom Email: firstname.lastname@example.org.
Last amended: 1st January 2016
Your use of the SmartApp and/or purchase of any of CineFunTV's Products and Services whether accessed via the Website or "SmartApp" are at all times subject to these Terms and Conditions as applicable (which forms a legally binding contract between you and us) and all applicable laws.
By accessing the Website and/or purchasing CineFunTV's Products and Services, you agree to these Terms and Conditions. If you disagree with these Terms and Conditions, please restrain from using the Website and/or purchasing any of CineFunTV's Products and Services.
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access and use of the Website and/or purchase of any of CineFunTV's Products and Services will be the version that is current and displayed on the Website as at each date you access the Website or use and/or purchase CineFunTV's Products and Services (as applicable). Your use of the Website or your use and/or purchase of CineFunTV's Products and Services after changes are made means that you agree to be bound by such changes.
To become a Member of CineFunTV or use or purchase any of the CineFunTV Products and Services, as a minimum:
Provided that you meet the Minimum Criteria above, you may register as a CineFunTV registered user of the Website free of charge (a "Member"). To become a Member you need to go to the relevant section of the Website, then submit your email address to CineFunTV and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices.
Refusal of any application to become a CineFunTV Member or receive to use or purchase any of CineFunTV's Products and Services for any reason whatsoever will be at sole discretion of CineFunTV. Please note that by supplying your contact number and/or email address on joining us you grant us permission to contact you via phone and/or by email communication regarding your account and any special offers or promotions that we may offer you from time to time.
If you change address, you must update your address details in the relevant section of the website to ensure that no postal communications are sent out to the wrong address or no payment fails. Please ensure this is done before you move as you will be liable for any communication posted to the wrong address or any failed payments due to mismatch in address details. You may also update us about change in your address details by sendng an email to email@example.com.
Some of the Content provided on the Website may not be suitable for anyone under 18 years of age. We advise parents or guardians to supervise their children's use of the Website.
As a CineFunTV Website Member you will receive access to certain sections, features and functions of the Website that are not available to non-members. After you have become a Member of CineFunTV, you may also subscribe to use and/or purchase CineFunTV's Products and Services. Please note that there are additional Terms and Conditions that apply to your use and/or purchase of such CineFunTV Products and Services.
CineFunTV's Products and Services include:
Any terms and conditions, additional usage rules or similar on the Website relating to any CineFunTV Product and Service that you use and/or purchase from us are deemed to be incorporated into these Terms and Conditions.
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of CineFunTV's Products and Services. We will notify Members by email at least 30 days in advance of any such change. If you do not agree to the change, you may cancel your membership through the "My account" section of the Website. And cancellation policy is deemed to be applied.
Content includes any TV channel, Film, Documentary, TV Series, Live TV, Music Video, Member uploaded content and any other content available to members as part of CineFunTV's Products and Services.
As a subscriber to CineFunTV, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of CineFunTV Products and Services. The subscription charges for CineFunTV Products and Services will be charged on the day immediately after your free trial ends (if applicable) or if you are not eligible for a free trial, on the day you subscribe to the CineFunTV Products and Services; and, from then on, on the calendar day corresponding to the commencement of your membership subscription (a "Subscription Renewal Date"). We will automatically charge you, using your specified payment method, each period (monthly unless otherwise specified) (your "Subscription Period") on or before your Subscription Renewal Date unless you cancel. All fees and charges are non-refundable. We do not provide refunds for cancellations partway through the billing period. Please note that should your account fall into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a minimum handling charge of £50 for all such cases. This charge may increase depending upon expenses incurred in debt recovery. You agree not to hold us responsible for banking charges incurred due to payments on your account.
You may change your CineFunTV subscription Service level as often as you like, through the relevant section of the Website. You may upgrade or downgrade existing subscription Service. Any change in subscription Service level is measured by the different costs of the Services you are changing from and to, not by the features of those different services. Our Transactional Service is not a subscription service. Subscription Service value will be displayed on the relevant section of the Website before you choose to purchase. Cancellation of any subscription Service level will be as per clause "Clause 5 - Cancellation & Return policy and Termination By Us" and new subscription Service will be as per clause "7.4 Subscription". Additional charges, resulting from any change, are non-refundable.
You may cancel your subscription to CineFunTV's service at any time. To cancel, go to the "My account" section of the Website and follow the instructions. Cancellation request will take effect immediately and a confirmation email will be sent to you. Upon cancellation of your account or subscription, no refund whatsoever will be made and you will be able to watch your services until your "Subscription Renewal Date". We are unable to accept or guarantee cancellation requests via email or by letter.
In addition, if the user has made subscription payment using 3rd party payment service(s), e.g., PayPal or Apple/iTunes Pay or any similar service used in future then the user is responsible to cancel any recurring subscription payments set on those 3rd party payment service providers themselves. CineFunTV doesn't have access to users personal accounts held with such 3rd party payment service providers and in no circumstances should be held liable for whatsoever in this regard.
We offer a 14 days return policy with any hardware purchased from CineFunTV. The hardware should be returned in its original packaging and in perfect condition. The refund will be processed once the Roku box is received and checked. The return policy applies only for the purchase of hardware from CineFunTV. Our return policy does not apply to monthly or yearly subscriptions (see clauses 5.1 and 5.2 for cancellation of monthly and yearly subscriptions).
We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice. If we terminate your use of our service for any other reason or no given reason, then we would give you 30 days notice of termination.
From time to time, we may run promotional offers. Promotional offers can only be used for the services specified, if any, and cannot be used with any other offers.
Our promotional offers may be subject relevant terms and conditions to that particular offer.
Promotional offers cannot be used in conjunction with any other discount, offer or gift or promotion. Promotional offers are not redeemable for cash, and are neither refundable nor transferable. Promotional offers are subject to these Terms and Conditions. The validity period of the offer will vary depending on what service is selected. Recipients of promotional offers must be at least 18 years old, residents of the authorized country where CineFunTV Products and Services are available and may require a valid address and debit/credit card to verify their age.
This section sets out the terms and conditions of our View Online Service, which allows you to stream Content to your PC, laptop, smart TVs, streaming boxes, tablets, smart phones, media centre or other authorized device capable of receiving it (a "Device"). When we use the word Device we include any service, guide, portal or gateway integrated with that Device. Where use of a Device requires you to download any software, which we provide to you, our End User License Agreement (EULA) will apply to your download and use of that software.
The quality of the display of Watch Online Content may vary from Device to Device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of your Internet connection. CineFunTV makes no representations about the quality of your Watch Online display.
We may limit, condition, terminate, charge for or otherwise modify your use of the View Online Service at anytime without notice; however, we will give you notice before we institute any additional charges for the View Online Service or any part of it. You acknowledge that due to requirements or requests from Content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Content may not be viewed, or may cease being viewable, on our View Online Service on some or all Devices.
You can stream and watch Content on the View Online Service in three ways:
Content may not be able to be watched in all of these ways or on some or all Devices. You acknowledge that Content you watch may contain advertising or other marketing messages before, during and/or after them.
When you buy Content on a transactional basis, you will have a period of time (usually 24 hours, but this may vary) within which you must watch the Content (the "Playback Period"). You can watch the Content as many times as you like within that Playback Period but you cannot extend the Playback by stopping, pausing or restarting the Content. If you want to watch a Content after the Playback Period ends, you will have to purchase the Content (and pay the applicable fee) again. The Playback Period may be different for different Content and the period displayed on the Website when you buy the Content will be the one that applies. We reserve the right to change the Playback Period for any Content at any time. We will only change the Playback Period for Content that you have already paid for if required to do so under our agreements with our licensors.
If you are an active member of our Service and your current Service package allows you to do so, you may watch Content on the View Online Service as part of your Service package. You can check whether this is the case in the "My account" section on the Website.
If your ability to watch Content on the View Online Service is subject to a Subscription Period (your "Subscription Period"), then the following paragraphs apply:
We may from time to time permit customers to watch Content generally made available on a subscription basis who would not otherwise be entitled to do so. That permission may be in the form of a credit or promotional offer that allows the recipient to watch such Content for a limited period of time and its terms will be made clear at the time that permission is given.
To watch Content on a free basis you are not required to pay any fee or be a member of our Subscription Service, however, you have to register on CineFunTV website to gain access to free Content.
Your ability to watch Content will depend on you having the necessary equipment, systems and connectivity. Before you buy Content, you must ensure that you have all necessary equipment, systems and connectivity to stream and watch the Content properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to watch Content. Minimum system requirements are specified in the relevant section of the Website but even compliance with these does not guarantee that you will be able to watch Content successfully.
We may determine in our sole discretion from time to time which Devices are authorized for you to watch Content on. Devices are manufactured, sold and/or operated by entities other than CineFunTV and we do not take responsibility for or otherwise warrant the performance of any Device, including the continuing compatibility of the Device with our View Online Service or vice versa. By using the View Online Service, you agree to look solely to the entity that manufactured, sold and/or operates the Device (as applicable) for any issues related to the Device and/or its compatibility with the View Online Service or vice versa. Any issues related to our View Online Service and its functionality, including any system requirements, are covered and limited by these Terms.
You acknowledge that the availability of the View Online Service and in particular the streaming of Content may be affected by Internet traffic congestion or by other network, ISP, electronic, computer or other communication problems or failures and that we are not responsible for the failure of any Content to stream or to continue streaming due to any such congestion, problem or failure.
You acknowledge all intellectual property and other rights in the Content that you watch are owned by our licensors or us. To enforce those rights, we may stream Content to you using technology that protects digital information and limits your ability to watch the Content in accordance with certain usage rules established by us and/or our licensors (whether in these Terms and Conditions and/or on the relevant pages of the Website and/or displayed on a Device). Accordingly, you undertake that:
You acknowledge that, in addition to any rights that we or licensors have, any breach of these Terms and Conditions will entitle us to terminate your use of the service immediately and without notice. You specifically acknowledge our licensors have the right to directly enforce relevant provisions within these Terms and Conditions against you. We reserve the right to change, suspend, or cease the View Online Service, or any part of it at any time and without notice to you. In particular, we reserve the right to remove any Content from our catalogue or package or to cease your streaming and watching of any Content on the Website or any Device if necessary to comply with our obligations to our licensors. You agree that we will not be liable to you if we exercise those rights, even if your streaming or watching of a Content is affected by the change, suspension or cessation.
You may choose to use the CineFunTV Social Media Application. If you use the CineFunTV Social Media Application you understand, and acknowledge and agree that your activity on CineFunTV's Products and Services, including your past current and future queue, history, lists, reviews and ratings will be replicated on the CineFunTV Social Media Application and made available to other users of the CineFunTV Social Media Application who are your friends on Social Media. We make the CineFunTV Social Media Application available to you in accordance with, and subject to, our End User License Agreement (EULA).
You must use the CineFunTV Social Media Application in accordance with these Terms & Conditions and in particular you undertake that you shall not use the CineFunTV Social Media Application in any manner which We, in our sole discretion, deem unacceptable, including (without limitation):
We reserve the right, in our sole discretion, to remove, edit or cease to make available the CineFunTV Social Media Application at any time and we may do this with or without giving you any prior notice.
You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Website. You agree not to interfere with the servers or networks underlying or connected to the Website or our services or to violate any of the procedures, policies or regulations of networks connected to the Website.
You agree not to impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose. In order to provide you with an easy-to-use service, CineFunTV will place a 'cookie' (a small text file) on any computer you use to access the CineFunTV website. When you revisit the CineFunTV website, this cookie may enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
All materials (including software and Content whether downloaded or not) contained on the Website is owned by CineFunTV (or our partners or third party vendors our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of Content that you may purchase from the Website to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain Content on the Website 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 and Conditions against you.
CineFunTV, the CineFunTV logo and all other CineFunTV product or service marks are copyrights of CineFunTV. 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 license or right to use, alter or remove such material.
11.1 The Website or other CineFunTV Products and Services may let you submit material to us: for example, you can review Content, create and share user collections or any other activity. You may be able to upload video, images or sounds. In these Terms and Conditions, we use the term "User Material" to refer to any material of any kind that you submit to us, including text, files, images, photos, videos, sounds and musical or literary works. It may/may not include the account information you provide when you register or become a Member or when you subsequently change that information.
11.2 This clause 11 (User Material) of these Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these Terms and Conditions, then you should not do so.
11.3 We do not systematically review User Material submitted by users. We are not responsible for the Content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
11.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Website or any of CineFunTV's Products and Services, particularly where User Material breaches this clause 11 (User Material) of these Terms and Conditions and we may do this with or without giving you any prior notice.
11.5 We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to CineFunTV an irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media. The license you grant us will terminate when your User Material is removed from our website
11.6 We may link User Material or parts of User Material to other material, including material submitted by other users or created by CineFunTV and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on the Website or to promote, market or advertise CineFunTV. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to or on to User Material.
11.7 Each time you submit User Material to us, you represent and warrant to us as follows:
12.1 As a CineFunTV member you may submit User Feeds or User Content ("Content"). You understand that whether or not Content is published, CineFunTV does not guarantee any confidentiality with respect to Content.
12.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to CineFunTV and other users of CineFunTV Products and Services. These are described in clause 8 of these Terms (Rights you licence).
12.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. CineFunTV does not endorse any Content or any opinion, recommendation, or advice expressed therein, and CineFunTV expressly disclaims any and all liability in connection with Content.
12.4 You represent and warrant that you have (and will continue to have during your use of CineFunTV Products and Services) all necessary licenses, rights, consents, and permissions which are required to enable CineFunTV to use your Content for the purposes of the provision of CineFunTV Products and Services by CineFunTV, and otherwise to use your Content in the manner contemplated by the CineFunTV Product & Services and these Terms.
12.5 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for CineFunTV to use or possess in connection with the provision of CineFunTV Products and Services.
12.6 You agree that Content you submit to CineFunTV Products and Services will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant CineFunTV the licence referred to in paragraph 8.1 below.
12.7 On becoming aware of any potential violation of these Terms, CineFunTV reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
12.8 You further understand and acknowledge that in using CineFunTV Products and Services, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CineFunTV with respect to any such Content.
13.1 When you upload or post Content to CineFunTV, you grant: to CineFunTV, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of CineFunTV Products and Services and otherwise in connection with the provision of CineFunTV Products and Services and CineFunTV's business, including without limitation for promoting and redistributing part or all of CineFunTV Products and Services (and derivative works thereof) in any media formats and through any media channels; to each user of CineFunTV Products and Services, a worldwide, non-exclusive, royalty-free licence to access your Content through CineFunTV Products and Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of CineFunTV Products and Services and under these Terms.
13.2 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
We may provide links to other websites or services for you to access, including Social Media through the CineFunTV Website. You acknowledge that any access is at your sole discretion. We do not review or endorse any external websites or services. We are not responsible in any way for: (a) the availability; (b) the privacy practices, (c) the Content, advertising, products, goods or other materials or resources on or available from; or (d) the use to which others make of; these websites or services. We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
Any promotion code or offer provided on the Website or via any Device or via our distributor network cannot be used in conjunction with any other promotion code or offer, past or present.
You agree to indemnify and hold the CineFunTV, its subsidiaries, third party vendors, licensors and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, including clause 11 (User Material) and clause 12 (User Feeds or User Content) or any violation by you of any applicable laws or the rights of any third party.
(a) Nothing in this clause 15.4 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit CineFunTV's liability for:
(b) CineFunTV's Products and Services, the Website and its Content are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of CineFunTV's Products and Services, the Website or its Content. We assume no liability or responsibility for any errors or omissions in the Content of CineFunTV's Products and Services or the Website, any failures, delays, or interruptions or our provision of the View Online Service. Subject to clause 15.4(a), we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our Website is accurate, complete or current.
(c) Subject to clause 15.4(a), in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this clause 15.4(c) to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
(d) Subject to clauses 15.4(a), 15.4 (b) and 15.4(c) our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the Website, or any website Content or your use of CineFunTV's Products and Services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of CineFunTV's Products and Services in the month preceding any such claim.
The Website and CineFunTV's Products and Services are controlled by CineFunTV. Your use and/or purchase of the Website or CineFunTV's Products and Services is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from or in connection with your use of the website and/or your use and/or purchase of CineFunTV's Products and Services we provide are subject to the non-exclusive jurisdiction of the English courts.
You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms and Conditions to any third party. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other third party.
CineFunTV memberships, subscriptions and your other rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website or any of CineFunTV's Products and Services, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control. This should include natural disasters such as cyclone, etc.
Subject to clauses 11, 12, 13, 15.3 and 15.4 and any provisions which confers a benefits on third parties and licensors as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999. In accordance with these terms and conditions, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party.
In these Terms and Conditions, unless the context requires otherwise: i) any phrase introduced by the words "including", "include", "in particular", "for example", "for e.g." or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
All correspondence to CineFunTV, including any queries you may have regarding your use of the Website, your use and/or purchase of CineFunTV's products and services or these Terms and Conditions, should be sent via email to firstname.lastname@example.org.