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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 the 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.
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 [email protected] 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 [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 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.