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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 Cinesseum website during a maintenance process.
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.
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.
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. You can purchase an e-ticket in order to watch Cinesseum Content (movies and series). When you buy Content on or using Cinesseum you will enter into a separate sale contract based on these Terms (as applicable) with the seller which will be Cinesseum Belgrade. 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 performance of this contract begins as soon as the purchase is complete. Upon purchase competition, you can access your e-ticket(s) in “My tickets” section under “My Account”.
Pre-sales. When you place a pre-sale for Content, your contract for the purchase and use of that item is completed when the Content is made available to you, but you will be charged for the purchase at the time of pre-sale. You cannot cancel your pre-sale at any time. We will need to cancel your pre-sale if the Content is withdrawn from sale through Cinesseum before it is made available in which case you will be returned any paid amounts.
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.
Other Payment Processing Methods. Cinesseum may make available to you various payment processing methods in addition to Cinesseum Account to facilitate the purchase of Content through Cinesseum. You must abide by any relevant terms and conditions or other legal agreement, whether with Cinesseum or a third party, that governs your use of a given payment processing method. Cinesseum may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchases you make on Cinesseum.
Pricing. Pricing and availability of all Content displayed through Cinesseum are subject to change at any time prior to purchase.
Exchange rate. All payments done by using Chip Card payment processor will be effected in Serbian currency – dinar (RSD). The amount your credit card account will be charged for is obtained through the conversion of the price in Dollar into Serbian dinar according to the current exchange rate of the Serbian National Bank. When charging your credit card, the same amount is 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 on 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.
All Sales Final. In case you purchased an e-ticket for the Content, but you don’t want to use it, you may cancel your e-ticket anytime and ask for a full refund by sending us an email to [email protected] In case you purchased an e-ticket for the Content and you started using (watching) the purchased Content, you cannot cancel your e-ticket and you may not ask for a refund. The money will be refunded the same way you paid for the Content:
Except as expressly set out in Cinesseum Terms, all sales are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction.
Complaints. If you are not satisfied with any aspect of Cinesseum service, you may send us your complaint to [email protected] 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 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 defect. See the Cinesseum Refund Policy for more information.
Removal or Unavailability of Content. Subject to the Terms, Content that you purchase 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 purchased. For Content sold by Cinesseum, you may be given notice of any such removal or cessation, when possible. If you are not able to use or view the Content before such removal or cessation, Cinesseum may offer you either (a) a replacement of the Content if possible or (b) a full or partial refund of the price of the Content. If Cinesseum issues you a refund, the refund shall be your sole remedy.
Multiple Accounts. If you have multiple Cinesseum Accounts with different user names, you will not be able to transfer Content and purchases 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 are 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 IVAN MAKSIMOVIĆ PR CINESSEUM. 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 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.