Kinolubitel Website Terms of Service
Welcome to Kinolubitel website (the 'Site'), which is owned and operated by New Media Internet LLC ('we', 'us', or 'NMI'), a limited liability company organized in Delaware with a principal place of business at 304 Hudson St., 4th Fl., New York, NY 10013. NMI provides its services to you subject to the following terms of service (the 'Terms of Service'). By accessing and using this internet site, you accept these Terms of Service. Please read them carefully. To the extent any area of the Site contains specific terms and conditions governing its use, and, further, to the extent that those specific terms and conditions are inconsistent with these Terms, the specific terms and conditions shall prevail, unless otherwise provided herein.
1. EXPLANATION AND CHARGING POLICY: We are currently offering films to our subscribers on the Site. We may add other content in the future. You can access the portions of our site that allow the downloading of films only with a password. You may obtain a password from us by setting up an account and providing us with your credit card account information. Users of the Site may view films on an a-la-carte basis and will be charged for each individual viewing, or users may become subscribers to the Site and have unlimited access to films during a subscription period. We charge a subscription fee of $0.90 per one week period, $1.99 per two-week period or $3.98 per month. We charge the subscriptions fees on a recurring basis until you notify us that you wish to discontinue the service. We discontinue the service as of the end of the two-week or one-month period in which you notify us.
2. USE WITH RESPECT TO PASSWORDS AND COPIES OF FILMS: Only you and members of your immediate family are permitted to use your password. You are responsible for all uses of your password. You agree that with respect to any film you download, we do authorize you to make a copy onto your computer hard drive and/or onto a CD or DVD for private viewing on a television or computer monitor. We do not authorize you to make copies and provide them to any other person. To the extent we are technologically able, our intent is to make any unauthorized copying difficult. You do grant to us and authorize us to place a cookie in any download to you that would cause your computer to notify us any time you made a copy onto any kind of transportable storage device such as a CD ROM or DVD and to prevent you from making more than three (3) such copies of any content downloaded.
3. YOUR RIGHTS: NMI grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials provided hereon, provided that you comply fully with these Terms of Service. The contents of the Site are only for your use as a visitor and/or subscriber of the Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
Parts of the Site are open to all visitors and the entire Site is open to all subscribers. You must use your own common sense to judge, evaluate and decide about the usefulness of what you read here. We also do not vouch for the quality of the films available on the Site.
4. ACCESS AND USE CHARGES: Currently, there are no charges or fees for access and use of some parts of the Site. NMI does charge you to access the streaming and download sections of the Site, and NMI further retains the right to charge fees to access and/or use the entirety of the Site in the future. Subscription fees are set forth in Clause 1 above.
For purposes of registration as a subscriber, you agree to provide NMI with accurate, complete, and updated information required for the site subscription registration (вЂњRegistration DataвЂќ) in order to obtain access to the Site, including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including, without limitation, falsification of any Registration Data) may, at NMIвЂ™s option, result in immediate suspension or termination of your right to access and use the Site without refund of any sums you may have paid as a subscriber.
You agree to promptly update your Registration Data, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow the subscription help instructions to update your Registration Data.
5. REFUND POLICY: At its discretion, NMI may offer a refund in case of prolonged service interruption or malfunctioning login/account information.В Requests for a refund may be submitted via email to firstname.lastname@example.org.
6. COPYRIGHT AND TRADEMARKS: All materials on the Site, including, without limitation, text, images, software, audio and video clips, and databases (collectively, the вЂњContentвЂќ) are owned or controlled by NMI and/or its licensors, which retain all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of NMI.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of NMI or its employees, licensors, independent contractors, providers and affiliates (collectively, вЂњAffiliatesвЂќ) without the prior written permission of NMI or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of NMI;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies inaccurately that NMI sponsors or endorses or is otherwise connected with your own activities, products and services or those of third parties.
All Kinolubitel marks used on this Site are service Marks of NMI.
7. FORUMS: NMI may make available to users of the Site, e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the вЂњForumsвЂќ). NMI cannot review all communications made on or through the Site. However, NMI reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any materials which NMI in its sole discretion determines to violate the Terms of Service or to be in any other way offensive or contrary to any NMI policy.
8. 'OPT-IN' FOR SPECIAL NOTICES: NMI may periodically make special offers or communications to Subscribers on its Site. If you would like to receive such offers or communications, you may 'Opt-In' at any time by checking the 'Opt-In' box that appears on the email notices page of the Site, and providing the e-mail address you wish to use to receive such notices. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the same page. Selecting the 'Opt-In' option constitutes acceptance of NMIвЂ™s use of your e-mail address to send you notices pertaining to NMI, its products and services, the Site, and related topics.
9. YOUR PASSWORD AND RESPONSIBILITY: If you become a Subscriber, as part of the registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the Site, and agree that NMI will have no obligations with regard thereto.
You agree not to assign, transfer or sublicense your rights as a user to the Site.
10. INFORMATION PROVIDED: You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. NMI reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. Prior to making any decisions based on information posted on the Site, you are advised to verify the information. Neither NMI nor its Affiliates shall have any liability arising from your acts or decisions based upon the information provided on the Site.
11. LINKS TO OTHER SITES: The Site may contain links and pointers to other sites on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by NMI of any third-party site or any materials contained therein. NMI does not control, and is not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
12. AGE RESTRICTIONS: You represent and warrant to NMI that you are at least eighteen (18) years old and that you possess the legal right and ability to use the Site in accordance with this the Terms of Service.
13. INDEMNIFICATION: You hereby agree to indemnify, defend and hold harmless NMI from and against any and all liability and costs incurred by NMI in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. NMI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NMI.
14. DISCLAIMER OF WARRANTY: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NMI MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY NMI. NMI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEVERTHELESS, NMI WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SITE FREE OF VIRUSES, WORMS, TROJAN HORSES, AND ACTIVEX MALICIOUS CODE. DISCUSSION
15. LIMITATION OF LIABILITY: USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL NMI, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR NMI, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF NMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF NMI IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE. YOU HEREBY RELEASE NMI AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
16. Advertising: The Site uses an advertising service that is controlled and maintained by third parties. Such advertisements do not constitute an endorsement by NMI of any third-party site or any materials contained therein. NMI does not control, and is not responsible for, the availability, accuracy, or currency of such third-party advertisors or any information, content, products or services accessible from such third-party advertisements.
17. TERMINATION: In addition to any other rights of the parties set forth herein, either you or NMI may cancel or terminate your access to the Site. NMI also reserves the right to restrict, suspend or terminate your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms of Service. If NMI terminates these Terms of Service based on a breach of any portion of these Terms of Service, NMI reserves the right to refuse to provide use and/or access to any Services to you in the future. You acknowledge that NMI shall not be liable to you or any third party for any termination of your access to this Site.
(a) To the Terms of Service: NMI has the right to modify these Terms of Service and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to these Terms of Service shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of NMI in providing the Site, including without limitation
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the use or access of the Site, is to cancel your subscription in accordance with the subscription help instructions.
(b) To the Site: NMI has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site. NMI may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. We do not change your message, but we may edit or move it and/or edit its title in the interest of clarity and coherence of the ongoing conversation.
19. VIOLATIONS: If you have reason to believe that your work has been copied in a manner which constitutes copyright or other intellectual property infringement, you should notify NMI. Notification of copyright or other intellectual property infringement should include:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site, including any identifying number, if applicable.
- Your address, telephone number, and email address;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property ownerвЂ™s behalf.
NMI's Copyright Agent for notice of claim of copyright or other intellectual property infringement can be reached as follows:
New Media Internet LLC
304 Hudson Street, 4th Fl.
New York, NY 10013
20. GENERAL: These Terms of Service constitute the entire agreement between you and NMI with respect to the Site and supersede all prior agreements between you and NMI with respect to the Site. Failure by NMI to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Please do not suggest or encourage illegal activity. (NMI will cooperate with law enforcement officials as appropriate.) Interpretation and enforcement of these Terms of Service shall be governed by the laws of the state of New York (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of New York for any action arising out of or relating to your use of the Site. The federal and state courts of New York shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorneyвЂ™s fees. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.