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Terms and Conditions

Last amended: 1st January 2016

  • Clause 1 - Terms and Conditions

    1.1 Acceptance of Terms and Conditions

    The Website at www.cinefuntv.com or www.cinefun.tv or an App meant to be run on a particular Device (the "SmartApp") is owned and operated by CineFunTV. References to "we", "us" or "our" are references to CineFunTV. References to "Website" or "SmartApp" are references to all the available CineFunTV end user applications. Our email address for correspondence is: support@cinefuntv.com. These terms and conditions ("Terms and Conditions") are deemed to incorporate our Privacy Policy and our End User License Agreement (EULA), which you should read together with these Terms and Conditions.

    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.

    1.2 Changes to Terms and Conditions

    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.

  • Clause 2 - Membership of and Subscription to CineFunTV

    2.1 Minimum Criteria

    To become a Member of CineFunTV or use or purchase any of the CineFunTV Products and Services, as a minimum:

    • you must be at least 18 years of age. Persons under the age of 18 are not permitted to join CineFunTV;
    • you must reside in the country where CineFunTV Products and Services are authorized and available and
    • you must agree to provide us with your personal details (including your name, email address, postal address and valid payment details), that are true and current, and you must agree to update us (through the "My account" section of the Website covered in section below)

    2.2 Becoming a Member

    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.

    2.3 Refusal of application

    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.

    2.4 Updating address details

    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 support@cinefuntv.com.

    2.5 Access to and filtering of Content

    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.

    2.6 Membership

    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.

    2.7 CineFunTV's Products and Services

    CineFunTV's Products and Services include:

    • the CineFunTV View Online Service (the additional terms and conditions for this service are set out in clause 7);
    • the Transactional Service (the additional terms and conditions for this service are set out in clause 7.3);

    2.8 Other Terms and Conditions, Rules incorporated

    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.

    2.9 Changing fees and charges

    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.

  • Clause 3 - Content

    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.

  • Clause 4 - CineFunTV Charges

    4.1 Payment

    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.

    4.2 Changing your CineFunTV Service Level

    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.

  • Clause 5 - Cancellation & Return policy and Termination By Us

    5.1 Cancellation of monthly subscriptions

    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.

    5.2 Cancellation of yearly without hardware subscriptions

    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.

    5.3 Subscription cancellation when payment made via 3rd party payment service, e.g., PayPal or Apple/iTunes Pay

    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.

    5.4 Return policy for the purchase of hardware

    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).

    5.5 Termination by us

    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.

  • Clause 6 - Promotional Offers

    6.1 Promotional Offers

    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.

    6.2 Certain conditions affecting promotional offers

    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.

  • Clause 7 - CineFunTV View Online Service

    7.1 Introduction

    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.

    7.2 Ways to watch Content

    You can stream and watch Content on the View Online Service in three ways:

    • on a Transactional basis, if available, by paying a fee for the opportunity to watch a Content as many times as you like during a set playback period; or
    • on a subscription basis, if available, which will allow active members with certain packages to watch Content; or
    • on a free basis, if available.

    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.

    7.3 Transactional Service

    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.

    7.4 Subscription

    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:

    • your subscription will consist of Package(s) where each Package will consist of Content;
    • your subscription will have a Subscription Start Date and a Subscription Renewal Date;
    • your Subscription Renewal Date will occur on the same date of your Subscription Period, it will be decided on the date of the Subscription Period when you first subscribed to any package;
    • you will not be able to change your Subscription Renewal Date (your "Subscription Cycle Date");
    • your credit/debit card or PayPal or any other payment mechanism will be charged on every Subscription Renewal Date thereafter, if Subscription Renewal Date falls on an invalid date (for example 29th February 2013) of the year, then your account will be debited on the earliest valid date (for example 28th February 2013) for that Subscription Period only;
    • you may have multiple Subscription Renewal Date per CineFunTV subscription Service depending upon subscription Service you have availed, i.e. each subscription will have a separate Subscription Renewal date;
    • if you change your Subscription then clause "4.2 Changing your CineFunTV Service Level" is applicable
    • if you amend your Subscription by unsubscribing to one or more Packages before your next Subscription Renewal Date, you will be charged for those unsubscribed packages as usual and you will be entitled to watch Content from those Package(s) until next Subscription Period only;
    • you will not be offered any refund whatsoever, if you cancel your Subscription package before next Subscription Renewal Date, you will still be entitled to view your packages until Subscription Renewal Date and your account will not be charged for that Subscription package from next Subscription Renewal Date onwards unless you amend your Subscription;
    • you will be allocated Content on each Subscription Renewal Date in line with your package for use during that Subscription Period;
    • we hold the right to amend Content for any package at any time, however, we will inform you prior to making any amendments, we may compensate this change by adding similar Content to your package or by reducing the price of your Subscription Period;
    • when you choose a Content to watch, you acknowledge that the run-time of a Content shall be determined by our records and systems and our decision as to a run time shall be final;
    • any additional package or Content awarded to you by us for any reason will expire at the end of the Subscription Period in which they are awarded and will not carry over into the next Subscription Period;

    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.

    7.5 Free

    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.

    7.6 Equipment, Systems and Connectivity

    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.

    7.7 Restrictions

    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 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; and
    • you will not stream or attempt to stream Content from anywhere outside authorized country or to use any technology to obscure or disguise your location. You acknowledge that we may use technologies to verify your location.

    7.8 Termination and Enforcement

    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.

  • Clause 8 - CineFunTV Social Media Application

    8.1 Introduction

    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).

    8.2 Restrictions

    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):

    • to disrespect, harass, bully, offend impersonate or spam other users of the CineFunTV Social Media Application;
    • to create or publish any abusive, defamatory, offensive, obscene or pornographic Content;
    • for any illegal, immoral or harmful purpose; or
    • to infringe the rights of any third party; and
    • 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 the CineFunTV Social Media Application.

    8.3 Variation

    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.

  • Clause 9 - Prohibited Use Of The Website

    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.

  • Clause 10 - Material On The Website

    10.1 Copyright

    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.

    10.2 CineFunTV Graphics and Trademarks

    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.

  • Clause 11 - User 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:

    • you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract;
    • your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate;
    • your User Material does not advertise any product or service or solicit any business;
    • your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and
    • in submitting your User Material you are not impersonating any other person.
    • CineFunTV is not held liable by anyone for any legal implications under breach of clause 11 - User Material or any other clause related to User Material mentioned in these terms or not mentioned here.
    If you are found in breach of this clause then we reserve the right to delete the User Material, delete your account and may suspend you from further usage of CineFunTV Products and Services, without prior notice. CineFunTV will not be held
  • Clause 12 - User Feeds or User Content

    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.

  • Clause 13 - Rights you licence

    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.

  • Clause 14 - Links To Other Websites / Services

    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.

  • Clause 15 - General Terms And Conditions

    15.1 Privacy

    We collect personal information about you through and in connection with your use of the website and your use and/or purchase of CineFunTV's Products and Services. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms and Conditions, and which may be accessed from our home page, is deemed to be incorporated into these Terms and Conditions.

    15.2 Promotion Codes

    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.

    15.3 Indemnity by you

    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.

    15.4 Disclaimer of Warranties and Limitations on Liability

    (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:

    • fraud; or
    • death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977); or
    • liability to the extent the same may not be excluded or limited as a matter of law.

    (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.

    15.5 Applicable Law

    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.

    15.6 Assignment/Transfer By Us

    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.

    15.7 Assignment/Transfer by You

    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.

    15.8 No Waiver

    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.

    15.9 Force Majeure

    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.

    15.10 Third Party Rights

    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.

    15.11 Entire Agreement

    These Terms and Conditions (including the Privacy Policy and any other terms and conditions or usage rules incorporated into these Terms and Conditions) constitute the whole agreement between you and us relating to their subject matter and supersede any prior agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter. Neither party has any liability to the other for a representation or statement not set out in these Terms and Conditions.

    15.12 Interpretation

    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.

  • Clause 16 - CINEFUNTV'S Contact Details

    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 support@cinefuntv.com.