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CINE-BOOKS TERMS OF SERVICE

Last updated: June 26, 2024.

Terminology

As used herein, the following terms shall mean:

  • "Administrative Emails" shall mean emails containing the information related to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices, information to you regarding your purchases, including any enhanced features that may be made available, links to your password change request, changes to our terms of service or policies, service or operational matters);
  • "App" shall mean a CINE-BOOKS application possessed and developed by/for the Company, which is available for download on mobile, tablet, laptop, desktop or other devices;
  • "Associates" – affiliates, officers, directors, employees, agents, licensors, contractors, suppliers and business partners of the Company;
  • "CINE-BOOKS Account", "Account" – the user's account that you create using our Website or the App to get access to our Services;
  • "CINE-BOOKS Materials" shall mean the scripts, source code, object code and other human-readable and computer-interpretable code, libraries and other software components, text, audio, photographical, graphical, animation, visual and other content (including website and software GUI design), geographical, geological and other maps, plans, sketches, whether or not protected by copyright, trademarks, service marks, trade names, utility models, industrial designs, commercial and trade secrets, know-hows, databases, semiconductor topography, patents and geographical indications which are a part of the Services, domain names on the Internet, domain registered rights and similar rights arising from laws or recognized in any jurisdiction, the rights for which are either registered or not registered by the Company;
  • "cine-books", "Product" "Products"shall mean our products, e.g. particular eBooks enhanced with Digital Content that can be viewed (read, listened and watched) on computers, mobile devices and other devices via our Website, the App or third-party apps;
  • "Company" or words such as "us," "we," or "our" shall mean the CINE-BOOKS Entertainment Ltd., registered at Archiepiskopou Makariou III, 1, Mitsis Building No.3, Office 310, 1065, Nicosia, Cyprus, which does business as CINE-BOOKS and provides the Service to you via the Website, the App or third-party apps
  • "Digital Content" shall mean each of and any combination of the components of our Products (including texts, photos, video, animations, audio, any other constituent elements), and any related content available via our Website, the App or third-party apps;
  • "Intellectual Property Right(s)" shall mean any rights, including proprietary and moral (non-proprietary) rights, whether registered or unregistered, legal or beneficial, in CINE-BOOKS Materials, as they described in these Terms;
  • "Invited Submissions", "Submissions" − content, including text, data, photographs, graphics, images, information, video clips, audio clips, and any combination of these elements, any concepts, creative ideas, suggestions, stories, or other potential content you or other end users submit to us;
  • "Marketing Emails" shall mean emails we send you to let you know about products, special offers, promotional announcements, surveys, events or other issues relating to the world of cine-books and other content that might interest you;
  • "Personal Data" shall mean any data about you that specifically identifies you as an individual and information about your activities, such as information about your use of the Services, when directly linked to personally identifiable information;
  • "Privacy Policy", "Policy" shall mean the document which is the integral part of the Agreement and which describes our privacy practices with regard to your Personal Data, available at Privacy Policy.
  • "Service" shall mean each of, and any combination of the Products with all Digital Content, offered to you by the Company, and the Website and the App, through which the Products are offered; this also includes any new features, tools and resources added to the current version of the Services and offered through the Services;
  • "Similar or Identical Content" shall mean the content similar or identical to your Postings and Submissions;
  • "Social Networks" shall mean third-party social media websites, plug-ins and applications, such as those offered by Facebook, Twitter and others;
  • "Terms of Services", "Terms", "Agreement" − these Terms of Service; an agreement between you and the Company;
  • "Tracking Technologies" shall mean new and hereafter developed technologies that enable tracking and collection of information about your activity on our Services or on other Company or third party services.
  • "User Content" shall mean collectively Postings and Submissions;
  • "User Postings", "Postings" − any posts on our Services and information, content, ideas and opinions (like book reviews, comments, discussions, etc.) you or other end users exchange via certain features of our Service;
  • "Website" shall mean a website possessed and developed by/for the Company, which is available at cine-books.com.

1.  Overview

Welcome to CINE-BOOKS!

Important! Please read these Terms carefully before using the Service, as they affect your obligations and legal rights, including, but not limited to, waivers of rights, limitation of liability, and your indemnity to us.

We are a technology provider and a book-publishing company that provides our members with access to the store with the cine-books. Our Services also provide photos, videos, reviews, articles and other information regarding the cine-books.

The Website and the App will enable you to browse, purchase licenses to and read or use in other ways cine-books in digital form and any Digital Content related to our Products, available through the Website, the App or third-party apps.

These Terms together with the Privacy Policy, govern your use of the Service and constitute a legally binding agreement between you and the Company.

2.  Your Acceptance of Terms

A. This Agreement governs the Terms for the CINE-BOOKS Service. Access to all Services is given to you on the condition that you accept and agree with the Terms. Use of the Services indicates your consent with these Terms. If you do not agree to all the terms and conditions, then you may not access the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

B. If you are prohibited under applicable law from using the Service you may not use it.

By using the Services, you represent and warrant that you are a legal adult, that you meet all other eligibility and residency requirements, and that you are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms.

You must not access Services if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Product under the laws of the country in which you are resident or from which you access or use cine-books.

C. Age Restrictions. In order to use and access the features and services provided by this Service you must be at least 18 years of age but in any way not less than the applicable age of majority (legal adulthood) where you are located).

If you are under the age of legal adulthood, you must have your parent or legal guardian's permission to use CINE-BOOKS Service.

You must comply with any additional age restrictions that might apply for the use of the specific Products through our Services.

D. We reserve the right to refuse the Services provision to anyone for any reason at any time. We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice at any time.

3.  Limitations on Use of the Service

A. The Services are for your personal and non-commercial use only. You may not sell, rent, lease, lend, transfer, assign, sublicense, share any rights to, reproduce, distribute, publicly display or perform, modify, or prepare any derivative work based on the Services or their components, or publish or otherwise make it available to others (except as part of the proper use or operation of those Services).

You may not, and may not encourage, authorize, or assist others to,

(a) reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the Services and/or extract any files from them,

(b) or make or attempt to make any modification to the Services,

(c) modify, defeat, interfere with, or circumvent any feature of the Services, including any security or access control mechanism, including features requiring payment of the applicable purchase price for any Digital Content,

(d) attempt to probe, study or test the vulnerability of the Services or to breach any security or authentication measures, regardless of your motives and/or intent,

(e) attempt to damage, interfere with, or disrupt the Services to any user, processor, host or network, including by submitting a virus, worm, or Trojan horse,

(f) pretend that you are, or that you represent, someone else or impersonate any other individual or entity,

(g) intercept any system data, personal information, or other data relating to the Services,

(h) access or use the Services for any unlawful purpose,

(i) take any action that would impose a disproportionately large or unreasonable load on our network or other infrastructure,

(j) use or launch any "robot", "spider", "page-scraper", "deeplink" or other automated means to access, acquire, copy, or monitor any part of the Service.

B. The Apps are developed and designed by or for the Company to browse, purchase licenses to and read or use in other ways our Products on your devices.

These Apps may vary by device, OS and medium, and functionalities may also differ on different devices. You acknowledge that the use of the Services may require third-party software that is subject to third party licenses. You agree that you will use updated versions of the App and related third-party software. You fully understand all the risks related to your using of not updated versions of the App and related third-party software.

4.  Limited License to Products

A. Subject to your complete and ongoing compliance with all the terms and conditions set forth in this Agreement the Company grants you the personal right (known as a license) to access the Products for your personal, non-commercial use only (regardless of whether you got access by making a payment, by subscription, by using internal currency (“credits”) or in any other way or the Company places the Products free of charge).

The license is:

  • "personal" (meaning that you may not use the Product for any commercial purpose);
  • "limited" (meaning that you can only use the Product for the purposes we set out in this Agreement);
  • "non-exclusive" (meaning that we can grant the same and similar licenses to other people as well);
  • "non-transferable" (meaning that the license is only for your benefit and you may not transfer any of the rights that we grant to you to any other person);
  • "non-sublicensable", (meaning that you also may not sub-license any of the rights that we grant to you to any other person);
  • "revocable" (meaning that we can terminate this license in certain circumstances, which are explained further below);
  • and conditional on your compliance with this Agreement.

Your license to access the Products is not limited by territory. Thus, the license applies worldwide unless the applicable law or the law of the country of your location forbids such license in certain countries.

Such license does not confer on you any ownership interest in such Products. Words such as "purchase", "payment", "sale", "get", "access", "try" or "download" (and similar terms, including all tenses), as applied to the Product (including any Product the Company makes available for free), refer to the granting to you of a limited license as described herein.

B. Unless and to the extent that we have expressly authorized you in writing, you must not:

(a) archive, copy, reproduce, or download any Product or/and any part of it from the Services (except as part of the proper use or operation of those Services);

(b) modify, distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, offer for sale, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Product or/and any part of it;

(c) make any commercial use (i.e. for profit) of the Product or/and any part of it;

(d) remove, circumvent, obscure or alter copyright, patent, trademark or other proprietary rights notices and any of the content protections affixed to Product or/and any part of it.

C. The Company makes the Products available to you subject to the following conditions:

(a) you can only get the access to the Products if it is legal for you to have access to that Products in your home country, by using the Services you confirm that you are a legal adult and have a right to use such Services;

(b) you may only obtain Products from us (or from any person or third party that we authorize for this purpose) and you must not obtain Products from any other person or attempt to do so;

(c) we reserve the right to refuse your request(s) to acquire Products, and we also reserve the right to limit or block any request to acquire or obtain Products for any reason;

(d) the Company ensures your guaranteed access to the Products without interruption for at least one (1) year following the date of their purchase. However, we may change, replace or update any Product at any time at our sole discretion without notice to you. Notwithstanding the guarantee indicated above, we may discontinue offering of any Product to you when it is explicitly set out in this Agreement (for instance, for certain violations of the Terms or in the case of restriction of access to the Products by its owner or licensor of the Product).

D. Limitation on Product license.

The license on each individual Product is not limited by time. You are able to access or use the Product unless the license is revoked by the Company. The Company solely reserves the right to revoke your license to the Product and solely at any time terminate the access or use of the Product in the following cases:

(a) in the case of discontinuance of the Product support. In this case, when the support of a certain Product will come to an end, not less than thirty (30) calendar days before the closing date of the Product, we will notify you via email or via other method selected solely by us;

(b) in any case, including a single violation by you of this Agreement or of other key documents. Any unauthorized use by you of the Product and Digital Content automatically terminates the license set forth in this Agreement, without prejudice to any other remedies provided by applicable law or this Agreement;

(с) in any case if the Company cannot lawfully continue to permit such license. You acknowledge and agree that Product may not be available to view, use or display under certain conditions, such as due to restrictions imposed by owners or licensors of Product, or if the Company or the owner or licensor of the Product no longer has the legal rights necessary to authorize distribution of that Product. This also occurs in case of bankruptcy and any changes in the statutory activity of the Company that make the continuance of the license impossible or unlawful.

In all cases, the Company does not pay any compensation, does not make any returns, and does not cover any losses.

E. Limitation for devices

You can use your CINE-BOOKS Account to synchronize cine-books purchased via our Services only for a limited number of devices. The Company may at its sole discretion limit the number of devices on which you can use your personal CINE-BOOKS Account irrespective to the number of devices on which the Account shall be permitted for use under the terms of third-parties platforms.

5.  Registration

To use certain parts of the Service (such as purchasing of Products on the Website, synchronization of purchases between devices, writing comments, etc.) you may be asked to provide registration details.

By registration, you create your personal CINE-BOOKS Account. You do not have to pay any registration fees to create an Account.

It is a condition of use of this Service that all the details you provide be correct, current, and complete. If we consider for any reason the details are not correct, current, or complete, we have the right to refuse your access to the Service, or any part of it, and to terminate or suspend your Account.

By using any Products, you also agree that your Account is personal and cannot be transferred or traded with any other user. You can use your purchased cine-books from your personal Account only and you hereby confirm you will not in any case make the Digital Content purchased via your Account public.

Electronic Communications. We will send you Administrative and Marketing Emails in electronic form only to your email address provided during registration. For more information, see the Privacy Policy.

Deactivation/Termination of Your Registration. You may deactivate your registration with the Services, at any time and for any reason, by sending an email request to our support team. We may terminate your use of and registration with the Services at any time if you violate these Terms, in particular, the Rules of Conduct, set out in Section 8 hereof. We may discontinue your use of and registration with the Services without prior notice and without any liability or further obligation of any kind whatsoever to you or any other party at our sole discretion, when we find such measures reasonable and/or necessary in a particular situation.

6.  Purchases and Payments

A. Certain features of the Service, such as purchasing a license to view certain Product, require the payment.

All such payments must be paid in advance. All transactions are final and, except as expressly provided herein, the Company does not issue any refunds.

If you have problems with the payment (for example, the money was charged, but your purchased cine-book has not appeared in your Account) – send a letter to our support team. All issues related to the incorrect payments are solved individually. We may, but are not obliged to make any refunds.

The Company reserves the right to change prices and fees applicable to future transactions at any time for any reason at its sole discretion and without notice.

B. You are able to purchase the Products via our Website, the Apps or using third-party platforms (such as Apple App Store, Google Play, Amazon App Store, etc.).

Cine-books purchased through our Website or via our Apps shall be multiplatform and be accessible from all supported devices via your personal CINE-BOOKS Account.

Cine-books purchased using third-party platforms via in-app purchases (or as an individual App), shall be accessible via that third-party account, that you used for purchase on that particular platform, unless you have directly connected the purchases made with several accounts/platforms with the tool available at your CINE-BOOKS Account.

We are not responsible for those third-party platforms and do not have any control over them. All questions, payments, refunds, purchases recovery and any other issues are the subject of their own policies, terms of use, rules and regulations.

When you are logged in on your devices with your personal CINE-BOOKS Account, all your cine-books purchased via in-app purchases of third-party platforms could be connected to your CINE-BOOKS Account with the respective tool and displayed in your Account on the Website as well as in the Apps for each particular third-party platform.

Each cine-book purchase made via in-app purchases can be connected to one CINE-BOOKS Account only.

C. Each cine-book is a finished product that is presented to you in such a way "as is". By using or intending to use cine-books or any part of it (no matter whether it is available for purchase or free of charge) – you must ensure that:

(a) you are a legal adult in accordance with age restrictions set out in these Terms;

(b) you are the direct owner of your personal CINE-BOOKS Account through which you are using the Services;

(c) all information that you submit is true and accurate (this includes, without limitation, your credit card number, billing address, expiration date);

(d) you are authorized to use the particular credit card or other accepted method of payment.

IF YOU ARE READING CINE-BOOKS ON THIRD-PARTY PLATFORMS SUCH AS APPLE APP STORE, GOOGLE PLAY, AMAZON APP STORE, ETC., YOU MUST ALSO COMPLY WITH ALL TERMS AND CONDITIONS SET BY THOSE THIRD-PARTY PLATFORMS.

D. Third Party Fees. The use and operation of your mobile or other device and your use of mobile or fixed network services in connection with your use of the Service may be subject to separate third-party fees (such as roaming, data, and other applicable fees charged by your mobile network operator). You are solely responsible for payment of any and all such fees.

7.  Delivery Policy

You have the possibility to purchase and receive the Products via our Website or the Apps, using third-party platforms (such as Apple App Store, Google Play, Amazon App Store etc.) in accordance with these Terms of services.

Upon making payment for the Products via Website successfully, purchased Products will be added to your CINE-BOOKS Account in My Library section on CINE-BOOKS website and shall be deemed to be delivered to you upon such adding. Such Products will immediately become available for synchronization on your compatible devices using your CINE-BOOKS Account, once your compatible devices are connected to a wireless network.

In case of in-app purchases (or as an individual App) using third-party platforms, upon making payment for the Products successfully, you will get all relevant instructions and confirmations via a particular third-party platform interface. We are not responsible for those third-party platforms and do not have any control over them. All questions, payments, refunds, delivery, purchases recovery and any other issues are the subject of their own policies, terms of use, rules and regulations.

In any case, if you do not contact us within 24 hours from making payment successfully, the Products you purchased will be considered received by and delivered to you.

8.  Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control, nor input (this includes, without limitation, the aforementioned third-party platforms).

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

9.  User Submissions and Postings

9.1. General Rules

A. Certain features of our Services may enable you or other end users to post User Content through the Website or the App.

By submitting User Content, you hereby represent and warrant to us that you own all necessary rights to all Postings and Submissions you provide and that you act in accordance with the Rules of Conduct below.

To the fullest extent permitted by applicable laws, the Company excludes all responsibility and liability for the User Content or for any losses or expenses resulting from their use and/or appearance on the Service or elsewhere.

You acknowledge that your indemnification obligation as described in Section 16 applies to your User Content. Your User Content may be used with or without the name you use in connection with such postings. You agree that the Company is not responsible for the User Content, posted whether by you or anyone else.

B. The Company does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by the Company's staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send to the Company any unsolicited submissions.

С. You acknowledge that Similar or Identical Content may have been or may in the future be submitted to the Company by other persons, or may have been or may in the future be made public by other persons.

You agree that you are not entitled to any compensation from the Company, will not assert any claim against the Company, and the Company will not be liable to you, for any matter relating to such Similar or Identical Content, including the reproduction, sale, distribution, public display, public performance, exploitation of, and the making of derivative works based on such Similar or Identical Content. You acknowledge that it would not be feasible for the Company to offer features involving User Postings without your agreement to the terms of Section 8.

D. You understand and agree that in any event, any material you send to us will not be treated as confidential.

9.2. Rules of Conduct

A. Please act responsibly when using this Service. You may only use this Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Service. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by the Company) or privately transmitted on or through this Service are the sole responsibility of the sender, not the Company, and that you are responsible for all material you upload, post or otherwise transmit to or through this Service.

B. The Company requires that you do not submit any User Content or otherwise make available on this Service any content, or act in a way, which in our opinion:

(i) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

(ii) seeks to exploit or harm children;

(iii) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;

(iv) violates any law or may be considered to violate any law;

(v) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

(vi) advocates or promotes illegal activity;

(vii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(viii) advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Service;

(ix) solicits funds, advertisers or sponsors;

(x) includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

(xi) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Service;

(xii) copies any other pages or images on this Service except with appropriate authority;

(xiii) includes MP3 format files;

(xiv) amounts to a "pyramid" or similar scheme;

(xv) amounts to "data warehousing" (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;

(xvi) disobeys any policy or regulations established from time to time regarding use of this Service or any networks connected to this Service; or

(xvii) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (i) to (xvi) above.

9.3. Moderation/Monitoring

The Company shall have the right, but not the obligation, to monitor any User Content or other material posted on/submitted to our Website and in our Apps. The Company shall have the right at its sole discretion to edit, refuse to post or remove any material submitted or posted to our Website and in our Apps. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, at its sole discretion, finds to be in violation of this Agreement or otherwise objectionable.

10.  Use of the Submitted User Content

By posting or uploading any User Content to the Website and/or the Application and/or by providing any communication or material to the Company, you automatically and irrevocably:

(i) grant and assign to us a non-exclusive, worldwide, royalty-free, perpetual, unrestricted, irrevocable, transferable, sub-licensable (through multiple tiers), right, in any media existing now or in the future, by any person authorized by the Company, to use, copy, reproduce, distribute, publicly display, publicly perform, edit, modify, adapt, translate, exploit, and prepare derivative works based on and/or other exploitation by the Company of your User Content, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights and insofar as possible in perpetuity;

(ii) warrant that you are the owner of the User Content and entitled to enter into this Agreement; and

(iii) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that the Company shall not be liable for any use or disclosure of such User Content.

The Company will consider any User Content you provide to us and/or contribute to this Service as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by additional terms appearing elsewhere on this Service in which event those additional terms will determine how we will treat your Invited Submissions.

11.  Third-Party Sites and Services

The pages of these Services, including User Postings, may contain links to third-party websites and services. Such links are provided for your convenience, but their presence does not mean that they are recommended by the administration of the Company. In addition, the Company does not guarantee their safety and conformity with any user expectations. We are not responsible for any aspect of those third party websites or services. The Company assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and resources.

12.  Privacy (Personal Data)

The Company respects your privacy and has established certain policies and procedures relating to the collection and use of your Personal Data in connection with your use of the Service. Please, check our Privacy Policy to be aware of the policies and procedures applied to your use of the Service.

13.  Intellectual Property and Other Rights

All CINE-BOOKS Materials, including Intellectual Property Rights therein and thereto, are the property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use the CINE-BOOKS Materials except as expressly authorized by this Agreement. You shall not acquire any right, title or interest in or to the CINE-BOOKS Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement.

In order to avoid doubts, to Intellectual Property Rights shall belong, including but not limited to, the following:

  • right to use the CINE-BOOKS Materials in all ways; exclusive right to let third parties use the CINE-BOOKS Materials and any derivative intellectual property created on their bases; exclusive right to prevent and/or prohibit illegal use of intellectual property by third parties; right to circulate the CINE-BOOKS Materials in a way of first sale, alienation in other way, including rent and lease, in a way of another transfer before the first sell of counterparts of the CINE-BOOKS Materials; right to provide access to any CINE-BOOKS Materials reproduced in any material form to unlimited range of people, including providing network access, including Internet and in other ways; right to change, translate, adopt and in other way create derivative works based on or using the CINE-BOOKS Materials; right to create collective works in way of inserting or including the CINE-BOOKS Materials or derivative works created on the basis of the CINE-BOOKS Materials; right to copy, produce, circulate, sell, lease, transfer, assign, provide license and sub-license for the CINE-BOOKS Materials; right to apply applications for registration and to receive protective documents regarding copyrights, inventions, useful models, production prototypes, trademarks for goods and services and other types of intellectual property on the basis of the CINE-BOOKS Materials; right to import and export the CINE-BOOKS Materials; right to keep confidentiality with respect to any information related to the CINE-BOOKS Materials; right to advertise the CINE-BOOKS Materials in any form, by any means, via the Internet, radio, television, printed and other media, in other way; any other proprietary intellectual property rights that may be provided by law applicable to this Agreement, depending on the circumstances; and besides
  • all rights to databases in their full terms and conditions arising from the Regulations of the United Kingdom "The Copyright and Rights in Databases" as of 1997 and legislation of all jurisdictions in the European Union, which implemented Directive № 96/9/EU as of 11 March 1996 on the legal protection of databases;
  • all rights related to and arising out of new and useful inventions, discoveries, production prototypes, technologies, and works of art and all other patent objects, including all related improvements and know-how under the laws of any jurisdiction and all applications and the rights to submit applications for Patent Letters of the United States of America and all other countries, all Patent Letters obtained under these applications and all reissues, extensions, renewals, separated applications and re-applications (including for partial extension) in their full terms and conditions;
  • rights to all other intellectual and industrial property and proprietary rights throughout the world, besides the aforementioned, including all techniques, methods and concepts and appearance.

The Company reserves all rights not expressly granted in this Agreement.

14.  Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT ANY SERVICES WILL BE AVAILABLE AT ALL TIMES, IN ALL COUNTRIES AND/OR ALL GEOGRAPHIC LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER PARTICULAR SERVICES FOR ANY PARTICULAR LENGTH OF TIME (UNLESS WE EXPRESSLY SAY OTHERWISE AS PART OF THE SERVICES).

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. THE COMPANY MAKES NO REPRESENTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, OF ANY KIND, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, APPROPRIATENESS, AND TIMELINESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE.

THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA THAT MAY RESULT FROM YOUR USE OF THE SERVICE.

15.  Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DOES NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS SERVICE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CINE-BOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

THE COMPANY DOES NOT ACCEPT ANY RESPONSIBILITY RELATED TO THE OPERATION OF ANY SOFTWARE, THE PRESENCE OF COMPUTER VIRUSES OR OTHER MALICIOUS CODE ELEMENTS, DANGEROUS OR DESTRUCTIVE FILES, WHICH CAN SPREAD OR IN ANY OTHER WAY AFFECT THE SOFTWARE AND HARDWARE AS A RESULT OF USING THE SERVICES BY YOU, ACCESSING INFORMATION OR DOWNLOADING ANY PRODUCTS OR DIGITAL CONTENT.

WITHOUT LIMITATION, YOU (AND NOT CINE-BOOKS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.

THE TOTAL AMOUNT OF THE COMPANY'S AGGREGATE LIABILITY IN CONNECTION WITH THE COMPLETE OR PARTIAL USE OF THE SERVICES OR THE FILES PROVIDED THEREIN, MAY NOT EXCEED THE AMOUNT YOU SPENT ON PURCHASING OUR PRODUCTS WITHIN THE LAST ONE HUNDRED AND EIGHTY (180) DAYS.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

16.  Changes to Terms and Assignment

You can access the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Services. You should review this Agreement regularly while you are connected to the Internet so that you are aware of the most current rights and obligations relating to use of the Service. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Services following the posting of any changes to these Terms constitutes acceptance of those changes.

If you do not accept changes to this Agreement, you may cancel your use of our Services. To see when these Terms were last updated, please see the "Last Updated" section above.

17.  Indemnification and Compensation for Damages

Consenting to the terms of this Agreement, you agree to indemnify, defend and hold the Company and its Associates harmless from and against all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by the Company and any Associates in the following cases:

  • from any and all use of your CINE-BOOKS Account in violation of this Agreement or the failure to fulfil any obligations relating to your Account incurred by you or any other person using your Account;
  • purposeful or casual usage of the Products and/or Digital Content made with the CINE-BOOKS Account, regardless of whoever entered the authorization;
  • as a result of, or in connection with, any breach or alleged breach by you or anyone acting on your behalf of any of the terms and provisions of this Agreement.

Should your usage of the Services cause damages to the Company or its Affiliates, you should reimburse for such damages in full in accordance with the applicable law.

18.  Governing Law and Dispute Resolution

These Terms shall be governed by, construed and enforced in accordance with the laws of Cyprus.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported and/or re-exported from the country you reside in.

Both we and you shall seek to resolve by negotiations any dispute of any kind between you and any member of the Company arising under these Terms (including any questions regarding their implementation, execution, validity or termination).

If we fail to agree in negotiations within ninety (90) calendar days from the date of their beginning, the dispute shall be finally settled by the respective competent state court of Cyprus with jurisdiction over the case.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

19.  Legal Restrictions

Use of the Service is unauthorized and unlicensed wherever it is unlawful under applicable law. You may not use the Service at any place or in any manner that would violate any applicable technology control, export, or import laws. Any offer of any feature, product or service is void where prohibited. The Company may limit or deny to any person, at its sole discretion, access to any feature, product or service.

20.  Assignment

The Company may, at its sole discretion, assign its rights and/or delegate its duties under this Agreement. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the Company, which the Company may withhold at its sole discretion, shall be void.

21.  Contact Information

If you have any questions regarding the use of Services or regarding these Terms, you should contact our support team.




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