Terms and Conditions
FOR ONLINE SERVICES by “Cinecheetah.com B.V.”
1. Subject and scope of the Terms and Conditions
This Cinecheetah.com.com Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Cinecheetah.com (“Cinecheetah.com,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of Cinecheetah.com owned-and-operated websites, applications, and embeddable video players (collectively, the “Services”).
1.1. The Video on Demand service “Cinecheetah.com” (hereinafter “VOD service”) is a service of M&N MediaGroup BV, The Netherlands (hereinafter “Cinecheetah.com”).
1.2. Cinecheetah.com offers users the opportunity to retrieve various types of content to stream from VOD service. By creating an account, viewing videos, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
The Service may allow you to:
(i) access Digital Content on a pay-per-view (PPV) basis for viewing during a limited period of time (for example, through Cinecheetah.com rent Digital Content for on-demand viewing over a limited period of time ("Rental Digital Content"), purchase Digital Content for on-demand viewing over an indefinite period of time ("Purchased Digital Content"), purchase Digital Content for pay-per-view viewing over a limited period of time ("PPV Digital Content"), and/or (v) access Digital Content on a free, ad-supported or promotional basis for viewing over a limited period of time ("Free Digital Content").
(ii) Digital Content may be available as Subscription Digital Content, Rental Digital Content, Purchased Digital Content, PPV Digital Content, Free Digital Content, or any combination of those, and in each case is subject to the limited license grant below.
Your use of Digital Content is subject to the Cinecheetah.com Usage Rules (the "Usage Rules"). The Usage Rules provide important information, including the time during which you are authorized to view different types of Digital Content (the "Viewing Period") and limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and viewed.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
2. Conclusion of user agreement
2.1. The conclusion of a user agreement is a prerequisite for using the VOD service. For this purpose, the user must register in advance, providing first name, last name, payment information, and email address. Cinecheetah.com only grants usage of its content to natural persons. Age Requirements: You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
2.2. The contractual relationship between Cinecheetah.com and the user shall be formed when the user's payment order is executed. If the VOD service is activated at an earlier time, the user agreement shall be concluded through said activation.
2.3. Cinecheetah.com shall not be obligated to accept the user’s offer to conclude a user agreement.
3. Scope of services
3.1. After the user agreement is concluded, Cinecheetah.com shall provide the user with the content included in the Cinecheetah.com service during the period of use indicated in the subscription or pay per view viewing time and shall grant the user the ability to call up paid content through streaming. “Streaming” in the sense of these General Terms and Conditions should be understood as the transmission and simultaneous, unaltered use of the material by the user, during which process no permanent copies of the content are to be stored on the user's device.
3.2. The content provided by Cinecheetah.com to the user is legally protected, through copyright and licensing rights. Upon conclusion of the user agreement, the user shall be granted only a limited right of use to the content, which is non-exclusive, subject to charge or free of charge (as indicated in the content description), non-transferable, not subject to sub-licensing to the content within the contractually defined limits (streaming), in the non-public realm and for non-commercial purposes, under observance of the other provisions of the contractual relationship. The user is prohibited from unlawfully copying, distributing or transmitting the services and contents and/or to use and/or utilise them in any other form for commercial and/or non-commercial purposes. Unauthorised uses/utilisations will be prosecuted under civil and criminal law.
3.3. If Cinecheetah.com has sufficient reason to suspect, in particular due to a warning or notification by a copyright holder, that the user is violating the rights of a third party under its use of the VOD service, Cinecheetah.com shall be entitled to issue the user a warning and, if the violation is repeated, to block access by the user temporarily or permanently. The right to terminate the user agreement for just cause shall remain unaffected.
3.4. Cinecheetah.com reserves the right to temporarily restrict its services when it deems necessary due to the system's capacity limits. Temporary disturbances, impairments or interruptions in the service may also occur as the result of emergencies or catastrophic events, atmospheric conditions and geographic situations as well as technical interruptions, disruptions in the power supply or due to technical changes in Cinecheetah.com systems (e.g. improvements of the network, moving the system locations), due to other measures (e.g. maintenance work, repairs, etc.) that are required for the proper or improved performance of services or that are caused by a case of force majeure (including strikes and lockouts). The foregoing applies mutatis mutandis to disturbances, impairments, or interruptions in third party data transmission systems that are used by Cinecheetah.com to fulfil the duties under the user agreement.
3.5. Usage of the VOD service requires the user to have an internet connection with any telecommunications service provider. The user's relevant Internet provider via which the content is transmitted holds the sole responsibility for the transmission network. Depending on the Internet connection used, and depending on the internet supplier and rate, with rates which are subject to time or data volume limits, using the VOD service may lead to significant additional costs, which shall be borne by the user.
3.6. The User's access to the service shall be limited to access by three (3) different IP addresses for the same user. The service may be accessed by a maximum of three (3) different devices, of which not more than three devices may access the service at the same time.
3.7 Restrictions on Pay Per View and Video on Demand Services
Pay Per View and Video on Demand Services are provided solely for personal and residential use.
4. Payment conditions
4.1. Upon conclusion of the user agreement, the user undertakes to pay a monthly usage fee for the subscription or a payment per view. Payment shall be made exclusively through a payment method approved by Cinecheetah.com. The user shall indicate its desired method of payment during registration, and, upon registration, the user gives its consent to use this payment method.
4.2. The usage fee shall be invoiced monthly, at the beginning of the accounting month by a subscription or only by a payment per view, and shall be due for immediate payment. The first accounting month shall begin on the day the contract is concluded, and shall end on the same day in the following month (e.g. 10 January to 10 February).
4.3. The user registration starts with a defined free period by a subscription. From the beginning of the second accounting month Cinecheetah.com will charge a monthly fee according to the current applicable rate in accordance with sections 4.1 and 4.2. The user is only entitled to one (1) month free, even in case of re-registration.
4.4. The user shall only have a right of offset insofar as its counterclaim against Cinecheetah.com is deemed to be legally valid or is uncontested or recognised. Rights of retention shall remain unaffected.
5. Duration and termination of contracts
5.1. The user agreement shall be concluded for the term of one month (duration). The agreement shall be extended automatically by an additional month.
5.2. Both parties reserve the right to termination for just cause.
6. Specific duties and obligations of the user
6.1. The user ID, user name and password have to be stored in a safe place to avoid misuse and loss. Passwords and login data may not be transmitted to third parties. The user declares that there are no legal restrictions in his country of residence that prohibit the consumption of the offered services. In particular, the user must ensure that the access data are not made available to minors and that no use by minors will occur. The user will immediately notify Cinecheetah.com if he suspects that unauthorised third parties have gained access to the user ID, the username, and the password.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
6.2. The user agrees that he will not use this service fraudulently; in particular that he will not violate the rights of any third parties, e.g. personality rights, nor transmit any information with illegal or unethical content that incites discrimination or racial hatred, that incites, glorifies or downplays violence, glorifies war, or is apt to cause serious ethical harm to children or youths or interfere with their well-being. Cinecheetah.com is authorised to block access in case of a substantiated non-compliance with these rules. The right to extraordinary termination of the user agreement shall remain unaffected.
6.3. The Cinecheetah.com company will not assume any reliability if the credit card data (e.g. credit card number, user name and password) are misused by third parties and/or the data are lost. If the credit card data are misused, the participant immediately has to notify the credit institute (bank) that issued the credit card.
7. Data security
7.1. When handling the user's inventory and connection data, Cinecheetah.com will adhere to the legal regulations about data security and take all technical and organisational measures that are required for data protection and data security within their sphere. Cinecheetah.com will adhere to the legal specifications about telecommunications secrecy and take precautions against any violation of the telecommunications secrecy according to the applicable provisions or the state of technology. All personal data collected by Cinecheetah.com shall be saved and processed exclusively for the purpose of executing the user agreement.
7.2. The Cinecheetah.com company agrees not to transmit any of the participant's personal data unless this is expressly requested by the participant. The data compilation, processing and usage for the substantiation, contents and changes of the contractual relationship or any other legal specifications are not affected by the user's agreement. At the latest, Cinecheetah.com will delete the user's data upon the expiration of the calendar year following the termination of the user agreement, unless legal regulations or a claims procedure require longer storage.
7.3. The user also agrees to the collection, processing and use of the following connection data: a) personal authorisation identifiers such as reference number, password and pseudonym; b) the beginning and end of the respective connections according to date and time; c) the service used by the user;
8. Right of cancellation and cancellation policy
8.1. Right of cancellation. You can withdraw your registration at any time. After you've canceled, you maintain access to Cinecheetah.com until the end of your monthly accounting period. To the extent permitted by applicable law, payments are non-refundable and we do not offer refunds or credits for partial registration periods or for content that has not been looked at. For your registration to cancel, go to the "My Account", where you can cancel the subscription. If you cancel your registration, your account will be closed automatically at the end of your current accounting period. If you want to see if your account is closed, go to 'My Account'.
9. Refund Policy
All purchases are final and non-refundable. Refunds are not available for, among other things, partial subscription periods or unwatched videos. Notwithstanding the foregoing, Cinecheetah.com has the right, but not obligation to, in its sole discretion, issue refunds if it determines that the circumstances warrant a refund.
10. Compatible devices
To stream or download Digital Content, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time (a "Compatible Device"). Some Compatible Devices may be used only to stream Digital Content, some may be used only to download Digital Content, and some may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
11. Jurisdiction and other
11.1. The legal relationships between the contractual parties shall be subject exclusively to the law of the Netherlands, which is authoritative for the legal relationships of domestic parties.
11.2. No oral agreements supplement this contract. Any changes and additions to the contract and these conditions must be in writing subject to subparagraph 1.2.
11.3. If one or more of the clauses of this agreement are invalid or become invalid - in whole or in part - this shall not affect the validity of the remaining provisions. These conditions shall apply in accordance with Dutch law. These terms do not limit the mandatory consumer protection law that you deserve as possible under the applicable legislation in your country.
11.4. If you need information about the service, you can use our FAQ.
11.5. This term shall be exclusively governed by and construed in accordance with the laws of the Netherlands, without having regard to the conflict of law provisions. The provisions of the United Convention on Contracts for the International Sale of Goods are excluded.
11.6. All disputes between the Parties arising from or in connection with this Agreement or any agreement, arrangement or undertaking arising therefrom shall be submitted to the exclusive jurisdiction of the competent court in Hilversum, the Netherlands.
M&N MediaGroup BV
TAX number: NL857241989B01