TERMS OF SERVICE

Thank you for using our (“Movie Club”, “provider”, “we”, ”us”) service (“the service”) on this website (“website”).

These Terms of Service govern your use of our service. As used in these Terms of Service, “Movie Club Service”, “Movie Club Content” or “the service” means the subscription service provided by Movie Club to you (“member”, “members”, ”you”). References to “you” in these Terms of Service indicate the member who created the Movie Club service account and whose payment method is successfully charged and subscription of the service is activated.

BY ENTERING TO, ACCESSING OR USING THIS WEBSITE OR ITS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE FOLLOWING TERMS OF SERVICE INCLUDING THE TERMS OF THE PRIVACY POLICY AND YOU AGREE TO BE BOUND BY THEM. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THIS WEBSITE OR ITS SERVICE AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL CONTRACT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT USE THE SERVICE PROVIDES IN THIS WEBSITE OR ITS SERVICES IN ANY MANNER WHATSOEVER.

1. Membership

  1. 1.1 Your Movie Club membership will continue until terminated. To use the service you must have internet access and a device that can support you to proceed for the payment to complete the signup process. Payment for the service can be made via the payment methods that are available to your country, territory or region. For example, if you reach the signup page to complete the payment and notice only Credit Card payment method is available, this means you can sign up for the service with only Credit Card. Payment method means a current, valid and accepted method of payment, as may be updated from time to time. Unless you cancel your membership before your billing cycle date, you authorize us to charge the subscription membership fee for the next billing cycle to the payment method that you have opted for. (see “Cancellation”)
  2. 1.2 We may offer a number of subscription plans and please choose the plan wisely that suits your needs. In the event if you don’t see any other plans than the one you are seeing, this means the service is only offering a single plan at that time. Please close the website if the plan is not interesting to you or you may continue the signup process if the plan suits you well. You may also check your subscription status from time to time by visiting the profile of your account created.

2. Billing

  1. 2.1 By activating your membership, you are expressly agreeing that we are authorized to charge you a monthly recurring membership fee at the then current rate and any other charges that you may incur in associate with your use of the provider service to the primary payment method you provided during signup or to a different payment method if you changed your account information then. In case your payment method is declined for your subscription fee, you remain responsible for any uncollected due amounts. If a payment is not successfully settled or otherwise and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method. For some payment methods, the provider may charge you certain fees such as foreign transaction fees or other fees relating to processing of your payment method. Local tax charges may also vary depending on the payment method you are using. Please do take note that Movie Club is not responsible for any additional charges, fees, taxes that may be collected from the provider of your payment method used or the local authority or government agencies other than the subscription fee of the service. Please check with your payment method provider for details of the fees and taxes that you may incur.
  2. 2.2 The service subscription membership fee is listed on the website during your signup process. Please read carefully the terms of billing and price before you give your consent to charge the subscription membership fee to your payment method. We reserve the right to offer under our own commercial criteria, discounts or other promotion (“promotion”) to you through the website. Promotion offer or price changes shall be prompted to you marked and identified as such. By agreeing to these Terms of Service, you acknowledge that the amount billed may vary from each subscription period, which may include the difference amount due to the promotion offer or price changes. You will be notified for any price changes whether it is a discounted price or an increased price prior to the effective date of the changes (“price adjustment”). In order for you to continue to enjoy the service after the price adjustment, you must agree to the adjustment in price of your membership fee. If you do not agree with the price adjustment, you may cancel your membership any time before the price adjustment effective date or your payment method next billing cycle. You can continue to access the service until the last day of your billing cycle if you choose to cancel your membership prior to the price adjustment. In the event if you do not cancel your membership before the price adjustment effective date, you are deemed voluntarily to agree and accept for the price adjustment and we are allowed to charge the new price to your membership.
  3. 2.3 Tax rates are based on the rates applicable at the time of your monthly membership fee. These amounts can change over time with local tax requirements in your country, territory or region. Any change in tax rate will be automatically applied based on the account information you provide.

3. Cancellation

  1. 3.1 You can cancel your Movie Club membership at any time, and you will continue to have access to the service through the end of your billing cycle. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused of your Movie Club service. Nonetheless, at any time and for any reason, Movie Club reserves the right to offer you a refund not in the form of money but credit and it is solely at our discretion. The provision of credit in one instance does not entitle you to credit in the future for similar instances nor does it obligate us to provide credit in the future under any circumstance. To cancel your membership, simply go to the “Account” page and follow the instructions for the cancellation or you may send us an email. If you cancel your membership, your account will automatically close at the end of your current billing cycle and you will no longer be able to access the service. If you signed up for the service using your account with a third party payment method, please contact the provider on how to cancel the auto billing.
  2. 3.2 Any suspension or cancellation of your membership will not affect your obligations under these Terms of Service including without limitation, proprietary rights and ownership, indemnification and limitation of liability which by their sense and context are intended to survive such suspension or cancellation.

4.Withdrawal Right

You agree that the withdrawal right for the monthly recurring membership fee for which you are receiving a trial ends forty-eight (48 hours) after you start the trial period. If you don’t cancel the service before the trial ends, you lose your right of withdrawal and authorize us to automatically charge to your payment method the agreed price each month until you cancel the service.

5. Service

  1. 5.1 You must be at least 18 years old or the age of majority in your province, territory or country to become a member to use the service. Minor may use the service under the supervision or an acknowledgement of an adult of your parental or guardian.
  2. 5.2 The Movie Club service and any content accessed through the service are for your personal and non-commercial use only. During your membership, we grant you a limited, non-exclusive, non-transferable right to access the service. Except for the foregoing, no right, title or interest shall be transferred to you. Except as explicitly authorized by us, you agree not to archive, reproduce, distribute, modify, publish, resell, rebranding for commercialization purposes other than what has been stipulated in your subscription plan.
  3. 5.3 The service including the content library is regularly updated and may also add new features. You may access all the features and content as long as your membership plan is still active
  4. 5.4 You agree to use the service including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations or other restrictions on use of the service or content therein. You agree not to alter, degrade, block or thwart the content or other elements of the service including copyright notice and trademark. You are also not allowed to send or transmit any material designed to destroy, interrupt or limit the functionality of the service software and hardware or any equipment associated with the service and not limited to viruses such as Trojan Horse or any codes, files and programs.
  5. 5.5 We may suspend or terminate your membership if you violate these Terms of Service or are deemed to be fraudulent in use of the service.

6. Copyright

All contents are owned by Movie Club (or our affiliates and or third party licensors as applicable) unless indicated otherwise. The material may not be used except as expressly stated in these Terms of Service and any other relevant terms provided to you without our prior written permission. You acknowledge and agree that certain contents provided to you are 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 provisions within these Terms of Service against you.

7. Trademarks

Provider, the provider logo and all other provider product or service marks are trademarks of the provider. All other trademarks, logos, images, products and company names displayed or referred to on the website or any devices are the property of their respective owners. Nothing grants you any license or right to use, alter or remove such material.

8. Changes

We may change or alter the Terms of Service at any time including the billing (see “billing”). We encourage you to always review the Terms of Service periodically to ensure you are aware and acknowledge the changes before you continue to use the service. You may find the most recent version available in this website with the indication of the last updated date. If you continue to use the service after the most recent version of Terms of Service published, your use indicates that you agreed and acknowledged this new version of Terms of Service. It is important that you read, aware and understand this Terms and Service and all its relevant terms including the Privacy Policy regularly to ensure you are familiar with the most updated Terms of Service. You should not continue to use the service if you do not agree to the changes or alterations of the Terms of Service and all its relevant terms.

9. Force Majeure

Provider will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control which may include without limitation denial-of service attacks, strikes, shortages, riots, insurrections, fires, flood, storm, explosions, act of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortage, failure of the internet or extraordinary connectivity issues experienced by the internet service provider or the telecommunication provider and the unrelated to provider infrastructure or connectivity to the internet or failure at provider co-location facility (each a “force majeure event”). Upon the occurrence of a force majeure event, the provider will be excused from any further performance of its obligations affected by the force majeure event for so long as the event continues, and for such failure period of time that the provider may reasonably require to receiver from the effects of such force majeure event.

10. Account Access

You are responsible for any activity that occurs through the Movie Club account. By allowing others to access your Movie Club account, you agree that such individuals are acting on your behalf and that you are also bound by any changes that they make in your account of the service. To prevent unauthorized users from accessing the account, you should always maintain control over the account and not reveal your username or password or the payment method associated with the account to anyone. You agree to provide and maintain accurate information of your account including a valid email address so that we can send you account related notices. You also agree we can terminate your account or place your account on hold in order to protect you, Movie Club or our partners from identity theft or other fraudulent activity.

11. Warranties and Limitation on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND OR THE SERVICE IS AT YOUR SOLE RISK. PROVIDER AND ITS AFFILIATE PARTNERS PROVIDE THE SERVICE “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OR MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTY THAT THE SERVICE MAY NOT BE UNINTERRUPTED OR ERROR-FREE, MEET YOUR REQUIREMENT, TIMELY, PROPERLY STORED OR DELIVERED, ACCURATE, SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY SUCH MATERIAL. YOU WAIVE ALL SPECIAL, INDIRECT AND CONSEQUENTIAL DAMAGES AGAINST US. THESE TERMS WILL NOT LIMIT ANY NON-WAIVABLE WARRANTIES OR CONSUMER PROTECTION RIGHTS THAT YOU MAY BE ENTITLED TO UNDER THE MANDATORY LAWS OF YOUR COUNTRY OF RESIDENCE, TERRITORY OR REGION.

12. Indemnification

You agree to indemnify and hold Movie Club harmless from and against any reasonably foreseeable direct losses, damages and reasonable expenses including reasonable attorney fees and cost suffered or incurred by Movie Club arising our of or related to (i) your breach of any of these Terms of Service including any additional terms and conditions incorporated herein, (ii) any activity in which you engage on or through the service, and (iii) your violation of any law or the rights of a third party.

13. Class Action Waiver

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND MOVIE CLUB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Movie Club agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise precise over any form of a representative or class proceeding.

14. Miscellaneous

  1. 14.1 Governing law. These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Cyprus. These terms will not limit any consumer protection rights that you may be entitled under the mandatory laws of your country of residence.
  2. 14.2 Customer support. To find out more about the service or any problem or inquiry during your visit to the service, you may always contact us and our customer support may best be able to assist you. In the event of any conflict between these Terms of Service and the information provided by the customer support or other parts of the website, these Terms of Service shall prevail.
  3. 14.3 Survival. If any provision or provisions of these Terms of Service shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Last Updated on 02nd April, 2024