Applicable Terms. Thanks for using Cinesseum. Cinesseum is a service provided by:
Your use of Cinesseum movies, series, trailers, pictures, and written content or services (“Content”) available is subject to these Cinesseum Terms and Conditions (“Terms”). Cinesseum is a “Service” as described in the Terms.
By accepting these Terms and Conditions of Service or using our Service, you understand that this is a legally binding instrument and agree to be bound by the Terms and Conditions herein. Please read these Terms and Conditions of Service in their entirety. If you do not agree to these Terms of Service, do not access or use our Service.
Access to and Use of Content. You may use Cinesseum to browse, locate, or view Content for your mobile, computer, tv, or other supported devices (“Device”). To use Cinesseum, you will need a Device that meets the system and compatibility requirements for the relevant Content, working Internet access, and compatible software (Chrome 60+, Firefox 40+, Safari 5+, IE 11+). The availability of Content and features will vary between countries and not all Content or features may be available in your country.
Third-Party Fees. You are responsible for any access or data fees incurred from third parties (such as your internet provider or mobile carrier) in connection with your use and viewing of Content and Cinesseum.
Updates. Related support libraries or Content may need to be updated, for example, for bug fixes, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Such Updates may be necessary in order for you to use Cinesseum or to access or use Content. By agreeing to these Terms and using Cinesseum, you agree to receive such Updates automatically and to be temporarily unable to access the Cinesseum website during a maintenance process.
Information about You. Cinesseum Privacy Policy explains how we treat your personal data and protect your privacy when using Cinesseum and is available at Privacy Policy. In addition, certain third parties (such as developers of Third Party Content and the manufacturers of your computer, mobile phone or other devices) may collect information about you when you use the Services. These third parties have their own privacy policies and will treat the information they collect about you according to these policies. We encourage you to review these privacy policies before providing any information to third parties. We are not responsible for the accuracy of any third party’s privacy policy or for ensuring that third parties comply with their privacy policies.
Eligibility; Registration and Account. The Services are intended solely for users who are twelve or older. Any registration for, or use of, the Services by anyone under the age of twelve is unauthorized, unlicensed and in violation of these Terms. You represent and warrant that you (a) will not use IP proxying or other methods to disguise the place of your residence, (b) will not use the Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms and (c) have not previously had your right to use the Services suspended or terminated.
To access and use features of the Service and Content, you are required to register for an Account (“Account”). By creating an account, you agree to (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice if you discover or otherwise suspect any security breaches related to the Service.
An account contains mandatory information: name, last name, and email address. Within the Account, once a user registers for it, the user has the option of adding additional data, such as location, country, date of birth, and gender, as well as personal affiliations towards favorite movie genres. These data are stored within that account and are used for better recommendations of Content on the platform. Once a user clears the Order, all data provided during the use of the platform is deleted (see more in our Privacy Policy).
Third-Party Content. Your use of services, applications, or content provided by third parties (“Third Party Content”) made available through the Services may be subject to additional end-user agreements. In the event that these agreements conflict with the provisions of these Terms, these Terms will govern. Cinesseum has no responsibility or liability with respect to your access to or use of the Third Party Content, or any content or functionality contained in such Third Party Content, your rights to which are solely provided pursuant to a license between you and the provider of such Third Party Content. In no event shall Cinesseum, be considered the licensor of the Third Party Content, to have granted any rights to use the Third Party Content, to have assumed any obligations with respect to the Third Party Content, or to have made any representations or warranties with respect to the Third Party Content.
Unauthorized Access to Accounts. You must keep your account details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of Cinesseum, including account names.
Deleted Accounts. If Cinesseum deletes your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing Cinesseum, your account details or any files or other Content that is stored with your account.
Malware protection. To protect you against malicious third party software, URLs, and other security issues, Cinesseum may receive information about your Device's network connections, potentially harmful URLs, and the operating system on your Device.
Changes to these Terms. If the Terms change, you will be given a notice, and the new Terms will be effective after such notice. Your continued use of Cinesseum following such notice will indicate your acceptance of the new Terms. The new Terms will apply to your use of all Content (including Content you have purchased in the past) and all subsequent purchases. If you do not agree with such changes, you will be given the opportunity to terminate your use of the Cinesseum.
Corrupted Content. When Content becomes available to you through your account, you should check the Content to ensure that it functions and executes as stated and notify us as soon as possible if you find any errors or omissions. See the Cinesseum Refund Policy for more information.
Free Content. Cinesseum may allow you to view or use Content free of charge on Cinesseum. Additional limitations may apply to your access and use of certain free Content.
Purchase of Content - Subscription. You can buy a subscription in order to watch Cinesseum Content (movies and series). When you subscribe to the Content on Cinesseum you will enter into a separate sale contract based on these Terms (as applicable) with the seller which will be Cinesseum d.o.o. Your contract for the purchase and use of Content is completed once you receive the Receipt on successfully processed payment on your email from Cinesseum confirming your purchase of that Content, and the performance of this contract begins as soon as the purchase is complete. Upon purchase competition, you can access all content on Cinesseum.
Subscription types. There are two subscription types on Cinesseum: monthly and yearly. With a monthly subscription, you get unlimited access to the Content on Cinesseum for one month, and with a yearly subscription, you get unlimited access to the Content on Cinesseum for one year. Please note that in both cases Cinesseum will continue to charge your card based on your subscription type as a recurring subscription. You can cancel your subscription at any time and Cinesseum will stop charging your credit card immediately after your cancelation. You can cancel your subscription by going to My Account/My Subscription.
Cinesseum Payments. In order to purchase Content through Cinesseum, you must have a Cinesseum Account. You are responsible for all amounts payable associated with purchases made through Cinesseum on your Cinesseum account. By clicking Complete Order button, you state that you have enough funds to purchase the subscription you chose. In case your credit card does bot have enough available funds, your transaction will be declined and you will not be able to purchase subscription with that card. In case you still want to purchase the subscription, you will need to add funds you credit card or to try with another credit card. Payment of Content can be made in one of the following ways: with payment cards - VISA, Maestro or MasterCard that support payment via the Internet. Payment by cards is realized in cooperation with AllSecure doo and AIK Bank ad and is done in a secure and certified way through AllSecure Paymet Gateway, by simply entering data from the payment card.
Check with the card issuing bank to see if your card supports online payments.
Data protection when paying by cards. When entering payment card data, confidential information is transmitted via the public network in a protected (encrypted) form using the SSL protocol, using the most modern methods of tokenization of sensitive data, and in accordance with PCI-DSS standards. At no time is the payment card information available to the merchant.
3D Secure protection for all merchants and customers. AllSecure Payment Gateway uses the highest global standards of data protection and privacy. All merchants using the AllSecure Payment Gateway are automatically included in 3D-Secure protection, guaranteeing customers the security of their purchases. Customer payment card numbers are not stored on the merchant's system and the registration itself is protected by SSL data encryption.
PCI DSS Standards - AllSecure Payment Gateway is constantly complying with all the requirements of card organizations in order to increase the level of security of merchants and customers. From 2005 until today, without interruption, the system has been certified as PCI-DSS Level 1, which is the highest standard in the industry. The PCI Data Security Standard (PCI-DSS) is a standard that defines the necessary security measures when processing, storing and transmitting sensitive card data. PCI Standards protect sensitive cardholder data during the entire payment process: from the moment of entering data at the merchant's point of sale, during communications between the merchant and relevant banks and card organizations, as well as the subsequent storage of this data.
Registration of payment methods. When you purchase any type of subscription on Cinesseum, you agree that your card data will be TOKENIZED, (stored in a certified manner so your subscription can be automatically renewed). This data is stored on AllSecure PCI-DSS level 1 certified servers. Thus tokenized card data is transmitted in a completely secure and certified manner. At no time does the merchant have access to card number data and other sensitive data, but he receives a reference number (token) which only he can use in accordance with the conditions agreed with the customer. You can deregister a previously registered card at any time by canceling your subscription. For more details on how to cancel your subscription, please check paragraph Subscription types.
Other payment processing methods. Cinesseum can provide you with a variety of payment processing methods to make it easier to purchase Content through Cinesseum. You must comply with all relevant terms and conditions or other legal agreement, whether with Cinesseum or a third party, that governs your use of a particular method of payment processing. Cinesseum may add or remove payment processing methods at its discretion. You are solely responsible for all amounts paid through your Cinesseum account.
Pricing. Pricing and availability of all Content displayed through Cinesseum are subject to change at any time prior to purchase.
Exchange rate. Please note that all payments will be effected in the Serbian currency – dinar (RSD). If the payment is done using foreign issuers payment cards, total amount of transaction will be converted into bank settlement currency, according to the current exchange rate of the Serbian National Bank. Once when transaction is settled the already converted amount will be converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.
Taxes. “Taxes” means any duties or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest. You are responsible for any Taxes and must pay for Content without any reduction for Taxes. If the Cinesseum is obligated to collect or pay Taxes, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of Cinesseum or the purchase of Content on or through Cinesseum. The reporting and payment of any such applicable Taxes are your responsibility.
Refund policy. If you have purchased a subscription to the Content but do not wish to use it and have not yet used it, you may cancel your subscription at any time and request a full refund. In the event that you have purchased a subscription to the Content and started using (watching) the purchased Content, you can still cancel your subscription at any time but cannot claim a refund. In case the Content have been damaged or in any way doesn't function as it is stated you can request full refund. The money will be refunded the same way you paid Content:
(a) In the event of a refund to a customer who has previously paid for one of the payment cards, in part or in full, regardless of the reason for the refund, Cinesseum is obliged to make the refund exclusively through the same VISA, Maestro or MasterCard used for payment. This means that our bank will, at our request, refund the funds to the cardholder's account.
(b) In the event of a refund to a customer who has previously paid via PayPal, in part or in full, regardless of the reason for the refund, the Cinesseum is obliged to refund exclusively through the PayPal payment method.
Except as expressly stated in the Cinesseum Terms, all sales are final, and no refund or exchange is permitted. If a replacement or refund is approved for any transaction, the purchase may be canceled and you may no longer be able to access the Content you purchased through that transaction.
In order to request refund please contact us on office@cinesseum.com and we will check your status within 3 working days. If you are eligible for refund, funds will be returned within 3 working days.
Complaints. If you are not satisfied with any aspect of the Cinesseum service, you may send us your complaint to office@cinesseum.com. We are obliged to start your complaint procedure within 5 working days upon receiving your email and to resolve it in a good faith and within a reasonable time frame. We will notify you by email when your compliant procedure starts and when it ends.
Authorization to Use Content. After completing a transaction for subscription or paying the applicable fees for Content, you will have the non-exclusive right, solely as expressly permitted in these Terms and associated policies, to access and view the applicable Content on your Devices or as otherwise authorized as part of the Service for your personal, non-commercial use only. All rights, title, and interest in Cinesseum and Content not expressly granted to you in the Terms are reserved.
Violation of Authorization Terms. If you violate any of the Terms, your rights under this license will immediately terminate, and Cinesseum may terminate your access to Cinesseum, the Content, or your Cinesseum Account without refund to you.
Restrictions: You may not:
Content, or attempt to modify any Content obtained through Cinesseum, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content.
Defective Content. Once Content is available to you through your account, you should check the Content to ensure that it functions and performs as stated, and notify us as soon as reasonably possible if you find any errors or defects. See the Cinesseum Refund Policy for more information.
Removal or Unavailability of Content. Subject to the Terms, Content that you subscribe to will be available to you through Cinesseum as long as Cinesseum has the right to make such Content available to you. In certain cases (for example, if Cinesseum loses the relevant rights, a service or Content is discontinued, there are critical security issues, or there are breaches of applicable terms or the law), Cinesseum may remove from your Account or cease providing you with access to certain Content that you have subscribed to. For Content sold by Cinesseum, you may be given notice of any such removal or cessation, when possible.
Multiple Accounts. If you have multiple Cinesseum Accounts with different user names, you will not be able to transfer Content and subscription into another account even though you are the owner of each such account and Cinesseum will not enable a feature of the relevant service allowing such transfers.
Limits on access. Cinesseum is limiting access to your Cinesseum Account to one Device and one browser only at the same time.
Ownership and Intellectual Property. Unless otherwise indicated, the Service is the property of Cinesseum or our providers or licensors and is protected by copyright, trademark, and other laws of the Republic of Serbia and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Cinesseum and the Cinesseum logo (“Cinesseum Marks”) are trademarks or registered trademarks of CINESSEUM DOO. The Cinesseum Marks and those of its affiliates may not be copied, imitated or used, in whole or in part, without prior written permission. All other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.
Indemnification. You agree to defend, indemnify and hold harmless Cinesseum and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, ” Cinesseum Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Cinesseum or a third party in relation to the Services; (c) your violation of any applicable law or any rights of any third party.
Limitation of Liability. The Cinesseum parties shall have no liability for any lost profits or other consequential, special, punitive, indirect, or incidental damages, arising from or related to your use or inability to use the services, even if a Cinesseum Party has been advised of the possibility of such damages. In no event shall the aggregate liability of the Cinesseum Parties arising out of or relating to the use of or inability to use the services exceed the greater of one hundred dollars ($100) or the amount you paid us to use our Services. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in these terms, nothing in these terms excludes or limits our liability for fraud or for death or personal injury caused by our negligence.
Governing Law. The laws of the Republic of Serbia, excluding its conflicts of law rules, govern your access to and use of the Services. Your access to and use of the Services may also be subject to other local, state, national, or international laws.
Dispute Resolution. Please read the following section carefully because it requires you to submit to binding arbitration (jury trial waiver) of any and all disputes (other than specified intellectual property claims and small claims) with Cinesseum and limits the manner in which you can seek relief from Cinesseum (no class arbitrations, class actions or representative actions or arbitrations). You further agree that all disputes, causes of action, claims, or controversies arising under these Terms that cannot be settled through informal negotiation will be resolved exclusively in the Republic of Serbia, Belgrade by competent courts, and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating all such claims to the extent allowed by law. The courts in some countries may not apply the Republic of Serbia to some types of disputes or allow you to consent to jurisdiction in the Republic of Serbia. If you reside in one of those countries, your country's laws will apply to such disputes related to the Services.
Severability. If any provision of these Terms is be deemed unlawful, void, or for any reason is unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Assignment. You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Cinesseum, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
When you use our services, you’re trusting us with your information. We understand this is a big responsibility and work hard to protect your information and put you in control.
This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, and delete your information.
We are helping thousands of people daily to view and enjoy the latest movies and tv series. You can use our services in a variety of ways to manage your privacy. For example, you can sign up for a Cinesseum Account if you want to view our content like actual movies or tv series. Across our services, you can adjust your privacy settings to control what we collect.
On behalf of Cinesseum, we undertake to safeguard the privacy of all our customers. We collect only required, basic data on customers/users and the data needed for operations and informing customers in accordance with good business practice and to provide good quality service. We enable our customers to opt out if they want or not to be removed from the mailing list used for the purpose of a marketing campaign. All the data on the users/customers are kept strictly confidential and are available only for employees that find these data necessary for operations. All employees of Cinesseum (and business partners) are responsible for observing the principles of privacy protection.
To help explain things as clearly as possible, we’ve made this Cinesseum Privacy Policy.
We want you to understand the types of information we collect as you use our services
We collect information to provide better services to all our users — from figuring out basic stuff like which language you speak, to more complex things like which category you are most interested in, or which movie you might like.
When you’re not signed in to a Cinesseum Account, we store the information we collect with our protected database tied to the browser, application, or device you’re using. This helps us do things like maintaining your language preferences across browsing sessions.
When you’re signed in, we also collect information that we store with your Cinesseum Account, which we treat as personal information.
When you create a Cinesseum Account, you agree to provide us with personal information that includes your email address, name, surname, and password. We need this information in order to create your Cinesseum Account so you will be able to use our services. After you create a Cinesseum Account you may also choose to add a date of birth, hometown country, current country, favorite movie category, or gender to your account.
Also, by registering Cinesseum Account you agree that you want to receive our emails. If you don’t want to receive our emails you can simply mark the email-checkbox in our registration form. You may also opt-out from our email list by clicking the Unsubscribe link at the bottom of any newsletter or automated email you received from us.
We also collect the content while you browse, watch, type, and look at the pages of our website when using our services. This includes things you’re typing in the search bar, movies you’re watching, categories you’re searching through and trailers you’re picking while searching for the best content for you.
Protection of transaction confidential data. When typing in the payment card data, confidential information is transmitted by means of public network in the protected (cryptic) form using the SSL protocol and PKI system, currently the most- up-to-date technology. The security of data when making a purchase is guaranteed by the payment card processor, Chip Card ad Belgrade, thus the complete process of collection is performed on the Chip Card’s side. The data on the payment card are at no moment available to our system, nor we are keeping them. The only data we do collect is a unique token from your transaction which we are getting from Chip Card after a successful purchase, and we are using it for auto-renewal of your subscription, as well as for cancellation of your subscription.
Your location, browsers & devices
We collect information about the location, browsers, and devices you use to access Cinesseum services, which helps us provide features like automatic movie suggestions and choosing the best content for you.
The information we collect includes unique identifiers, browser type, and settings, device type, and settings, operating system, mobile network information including the carrier name. We also collect information about IP address, crash reports, system activity, and the date, time, and referrer URL of your request.
We collect this information when a Cinesseum service on your device contacts our servers — for example when you log in to your Cinesseum Account or click on a specific movie. If you’re using a mobile device with Cinesseum, your device periodically contacts Cinesseum servers to provide information about your device and connection to our services. This information includes things like your device type, the carrier name, and crash reports.
Your activity
We collect information about your activity in our services, which we use to do things like recommending a movie you might like. The activity information we collect may include:
You can visit your Cinesseum Account to find and manage personal information that is saved in your account.
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
You may delete all your personal information at any time by going to the “My Account” section under your Cinesseum Account. At the bottom of the page, you will see the deletion button. By clicking it, you will delete all your personal information from our servers, except your purchase history, which we must keep by the law.
