Terms and Conditions Applicable to the Cineve Streaming Service
These Terms and Conditions took effect from 1 February 2020.
1. General Provisions
1.1. These Terms and Conditions of Use apply to the use of the service of the streaming portal Cineve, owned by the company Unlimited Media OÜ (hereinafter the “Service”).
1.2. By using the Service, you agree to abide by these Terms and Conditions of Use. Unlimited Media retains the right to change these Terms and Conditions of Use at any time at its sole discretion. Such changes will take effect when published on the website of the streaming portal Cineve (hereinafter the “Website”), or when presented to you in some other appropriate manner. Your continued use of the Service after such changes will also mean that you agree to abide by the Terms and Conditions of Use. Visit the Website regularly to check if the Terms and Conditions of Use have been changed. If you do not agree to abide by these Terms and Conditions of Use, you may not use the Service or access content.
1.3. Translations of these Terms and Conditions of Use from English into other languages are for your convenience of use, and such translations are not deemed effective as an agreement. The English version is superseding at any time, and constitutes the only applicable version of the agreement or Terms and Conditions of Use.
2. Service Provider
2.1. The service provider is the company Unlimited Media OÜ (hereinafter “Unlimited Media”). Registry code: 11533544. Address Laki 14a, Tallinn
2.2. The Service provision region is the Baltic States: the territories of the Republics of Estonia, Latvia, and Lithuania.
2.3. The Service provider may change the Service provision region according to the licence conditions of the content provided.
3.1. The Service is an entertaining streaming service (Video-on-Demand), by means of which Unlimited Media makes accessible and digitally distributes films, TV shows, and other media content (hereinafter collectively and individually the “Content”) to individual users for personal use according to these Terms and Conditions of Use.
3.2. Depending on what part of the Service you have subscribed to, you can choose between different Content and functions, and times of use.
3.3. A part of the Service is available only for a charge, other parts are available for free. The charges for the different parts of the Service apply as provided on our Website or elsewhere in the Service at the time you subscribe to the Service or to a part of it.
3.4. You must pay for the Service according to the instructions provided on our Website or elsewhere in the Service at the time you subscribe to the Service or to a part of it.
3.5. The subscription period and termination of the part of the Service you have subscribed to corresponds to the information provided on the Website or elsewhere in the Service at the time you subscribe to the Service or to a part of it.
3.6. Unlimited Media may change the Content selection at any time, while not being obliged to inform the user about this. You agree that the Content, which is available at the time you subscribe to the Service or to a part of it, may not be available later on.
3.7. Further information about the Service, its charges and different functions can be found on the Website.
4. Terms and Conditions of Use of the Service
4.1. To use the Service, you must select film watching on the Website; while doing so, you must agree to abide by the instructions of use of Unlimited Media.
4.2. To use the Service, you also need appropriate hardware, software, and a proper internet connection; all the conditions are provided in clause 5 of these Terms and Conditions: Technical Requirements for the Use of the Service. Unlimited Media is not responsible for ensuring such hardware, software, and internet connection.
4.3. To use a chargeable part of the Service, you must register using a valid e-mail address, Facebook account, or Google account, while Unlimited Media retains the right to check and verify its validity at any time.
4.4. If you are under 18 years of age, you must have your parent’s or caregiver’s permission to use the Service. By using the Service, you confirm being at least 18 years old, or that you have your parent’s, guardian’s, or caregiver’s permission to use the Service. Parents should be aware of what their children are doing on the internet.
5. Technical Requirements for the Use of the Service
5.1. To use the Website Services, you need an internet connection with a download speed of at least 1 Mbit/sec with 5 Mbit/sec being optimal, and the systems of the device you use must satisfy the following technical requirements:
5.2. Minimum hardware requirements:
5.2.1. Processor: 1 gigahertz (GHz) or faster
5.2.2. RAM: 1 gigabyte (GB)
5.2.3. Graphics: DirectX 9 or later
5.2.4. Screen: 800 x 600
5.3. Minimum software requirements:
5.3.1. Operating system
220.127.116.11. Windows 7 or MacOS 10 (or a later version) if you are using a computer
18.104.22.168. Android 7.0 or ios 10 (or a later version) if you are using a smart phone or a tablet
5.3.2. Web browser
22.214.171.124. Safari 6, Google Chrome 35, Internet Explorer 10, Firefox 28 (or a later version)
5.4. Configuration subject to minimum requirements will not ensure playback of videos with HD quality. To test your hardware, first watch trailers or free content.
6. Service Subscription
6.1. You can subscribe to the Service in 2 ways – on a pay-per-view basis (rent 1 film for 48 hours), or on a subscription basis (a library for 7 or 30 days). Please note! The library does not include all the films available on the Cineve Website. This is mainly so because for some films, there is no licence for subscription video on demand (SVOD).
6.2. The films available on the Website are grouped under categories, you can find the price of the film next to the film description. Each film also has a label showing in what way it can be streamed (pay-per-view basis, library/subscription basis, or for free with ads).
6.3. The price of pay-per-view rental is shown right next to the relevant button, the prices of subscription based rentals can be found in the pop-up window, which appears at the time of subscription and allows you to choose the desired rental period.
6.4. All prices are in euros, and include all the taxes applicable to you.
6.5. Unlimited Media may change the selection and price of films without prior notification. Subscription to a film you choose is calculated based on the current price.
7. Payment for Subscription
7.1. The use of a chargeable Service requires registration on the Website. You can do this using your e-mail address, or your Facebook or Google account.
7.2. Payment is charged in a secure environment of the payment service provider outside Cineve’s Website.
7.3. The agreement will take effect and the film you have purchased will be ready for streaming immediately after Unlimited Media has received confirmation of successful payment on the Website, and payment confirmation appears on the screen of your device. This moment also marks the beginning of your streaming period.
7.4. When you purchase a subscription based Service, you can also activate the automatic renewal service. In this case, when the period ends, you will be automatically charged for the cost of the next period, and the subscription period will be renewed under the same conditions originally chosen. By default, the automatic renewal service is turned off, and is activated only at the request and responsibility of the user.
7.5. Unlimited Media cannot accept responsibility for a third party purchasing the Services, using your bank or credit card information without your knowing.
8. Service Quality and Responsibility
8.1. Unlimited Media will make an effort for the Service to work. However, from time to time, there may be technical problems or a need for maintenance that can cause interruptions in the Service provision.
8.2. If the Service is unavailable and this is caused by a fault of Unlimited Media, you will be entitled to compensation in proportion to the charge you have paid for the time during which the Service was unavailable. Instead of monetary compensation, Unlimited Media may offer free access to the Service according to the time during which the Service was unavailable. To gain compensation or free access, you must submit a relevant request within at least 14 days from the time during which the Service was unavailable. Without prejudice to the provisions of this clause, or to any other provisions contained in these Terms and Conditions of Use, Unlimited Media will not accept responsibility for the non-availability of, or shortcomings in the Service if these are caused by the user, or are due to problems with internet connectivity or another condition beyond the control of Unlimited Media.
8.3. From time to time, Unlimited Media carries out Service updates and maintenance; at that time the Service may be unavailable. Unlimited Media tries to arrange the introduction of updates and maintenance work outside the peak hours of use. Without prejudice to the provisions of clause 8.2, or to any other provisions contained in these Terms and Conditions of Use, you will not be entitled to compensation or free access if the Service was unavailable due to the introduction of updates or maintenance work.
8.4. The service is provided “as is”, and no guarantees, neither direct nor indirect, are provided as to the quality and availability, suitability or fitness for purpose of the Content and other data and the Service provided. You also admit that the software industry cannot ensure a total absence of program faults.
8.5. EXCEPT AS PROVIDED IN CLAUSE 8.2, UNLIMITED MEDIA (INCLUDING BUT NOT LIMITED TO ITS AFFILIATES AND SUBCONTRACTORS, EMPLOYEES, EXECUTIVES, AND OFFICERS) AND ITS LICENSORS WILL UNDER NO CIRCUMSTANCES ACCEPT RESPONSIBILITY FOR ANY INJURIES FROM SUSPENSION OF WORK, LOSS OR ERASURE OF DATA, LOSS OF PROFIT, OR THIRD PARTY CLAIMS, OR OTHER INDIRECT LOSSES.
8.6. Unlimited Media retains the right to change or discontinue, whether temporarily or permanently, the functions and properties of the Service, notifying about this within a reasonable time, and when exercising this right, Unlimited Media will not have any responsibilities towards you.
9.1. In compliance with the Law of Obligations Act §53, subsection 4, clause 7¹, you agree that after executing the payment for your subscription, you waive the right to withdraw from the agreement or to request a refund (apart from the cases set out in 8.2), considering that the Service provided through the Website is digital film streaming, which is not delivered to you on a tangible medium and is readily streamable for you.
10. Intellectual Property
10.1. Provided that you have paid all the required fees for the Service according to these Terms and Conditions of Use, Unlimited Media will grant you a personal, limited, non-exclusive, non-transferable, and unassignable right to stream and use, privately and individually, content subscribed to for non-commercial purposes, using a media program to display its Content, which enables to watch streamable content online. The display of Content must be limited to private watching by you yourself and your family or friends, while you receive no charges or compensation for this.
10.2. You do not have the right to use, transfer, display, or show the Content, or make it available in any way other than that permitted in the Terms and Conditions of Use. For example, you may not, without limitation, (a) sell, rent, lease, distribute, air, sublicense the Content to third parties, or otherwise make the Content available to them; (b) copy, transfer, distribute, or upload the Content regardless of whether or not the Content used is chargeable; (c) display the Content at commercial establishments or in public spaces regardless of whether or not the Content used is chargeable; (d) attempt to block, evade, modify, repel, or otherwise ignore the digital rights of the management system that are part of the Service or Content; (e) use the Service or Content for any commercial or illegal activity.
10.3. The Content and any other content made available through the Service or on the Website, including design, text, graphics, images, videos, information, apps, software, music, sound, and other files are property of Unlimited Media or its licensors. You have no right to the Service or Content aside from the right unambiguously granted to you under these Terms and Conditions of Use, and the entirety of the right over the Service and Content, their property and interest belong to Unlimited Media and its licensors. Unlimited Media or its licensors will under no circumstances grant you any right to, property of, or interest in the Content, and the right to watch digital content will not grant you any property rights over the Service or Content. The rights associated with the software and media program of Unlimited Media are detailed in individual licence agreements.
11. Use of Computer Resources
11.1. You agree that Unlimited Media has the right to allow the Service to use the storage space of your hardware, processor, and your internet connection bandwidth, computer, video game console, workstation, or another media device. However, this may only be done with the aim of mediating the process, functions, and operations of the network to which the Service is connected, and by means of which it is working, also to facilitate the transfer of data or other articles to you and other users of the Service.
11.2. If you are using internet abroad, the Service may likewise use the storage space of your hardware, processor, and your internet connection bandwidth, computer, video game console, workstation, or another media device. This may involve additional charges imposed by your internet service provider. Consult your internet service provider for further information about additional charges. By using the Service, you agree to accept responsibility for such additional charges to your internet service provider, and agree to compensate Unlimited Media for any third party claims for additional charges concerning the additional charges imposed by your internet connection provider.
12.1. Cookies are small text files, which are stored on your devices (such as the computer, cell phone, tablet, etc.) when you visit and use websites and/or apps.
12.2. Without cookies, some parts of Cineve may not function properly. For example, cookies must be allowed throughout the period of Content availability, unless you may not be able to use the Service.
12.3. You can always choose in your web browser whether or not to accept cookies. However, keep in mind that necessary cookies are, as the name implies, necessary, and the Website may not function if you decline them.
12.4. If you have allowed cookies, you can always clear the cookies from your device later on. The relevant instructions (according to your web browser) are available on the internet.
12.5. You can also block cookies on the Cineve Website, but this means Unlimited Media will not be able to guarantee that the Website is functioning normally.
13. Privacy and Processing of Personal Data
13.1. You agree that from time to time, Unlimited Media may collect your personal data and Service use data, and analyse them, using third party technical solutions, provided that while doing this, Unlimited Media and the third party adhere to the following privacy policies under the European General Data Protection Regulation (GDPR):
13.1.1. Personal data are used to administer your subscription to a Service (for example, film streaming) provided to you on the Website.
13.1.2. The processing of personal data is done in order to perform the agreement signed with the customer, and to use the Services provided by Unlimited Media.
13.1.3. The processing of personal data is done to fulfil commitments arising from legislation (for example, bookkeeping and consumer dispute settlement).
13.1.4. Access to personal data is granted to the employees of Unlimited Media who can access personal data to solve technical issues related to the use of the Website, and to provide customer support service.
13.1.5. Transfer of personal data to processors (for example, bookkeeping and data hosting) is done based on agreements signed with Unlimited Media and the processors. The processors are obliged to ensure appropriate protection measures when processing personal data.
13.1.6. You can access and modify your personal data on the Website on your user profile. Chargeable services cannot be used without a user account.
13.1.7. Since the processing of personal data is done based on the customer’s consent, the customer may withdraw their consent at any time, notifying about this via the contact form on Cineve’s Website.
13.1.8. When a customer account is closed on the Website, the personal data are erased, unless such data need to be stored for bookkeeping or consumer dispute settlement.
13.1.9. In case of disputes as to payments, and consumer disputes, personal data are stored until settlement of the claim, or until the end of the limitation period provided in the Republic of Estonia legislation.
13.1.10. Personal data necessary for bookkeeping is stored for seven years.
13.1.11. To erase personal data, you must contact customer support via the contact form on Cineve’s Website. An erasure request is responded to no later than within a month, specifying the data erasure period.
13.1.12. Disputes as to the processing of personal data are settled via customer support. The supervisory authority is the Data Protection Inspectorate of the Republic of Estonia (located at Tatari 39, Tallinn, 10134, e-mail: firstname.lastname@example.org).
14. Additional Provisions
14.1. If you are in breach of these Terms and Conditions of Use, or of the licence agreement for the software or media program of Unlimited Media, your right to use the Service is terminated immediately, and your access to the Content is suspended without refunding any charged paid.
14.2. You agree to use the Service at your own risk, understanding that when using the Service, you may be exposed to content that you may find offensive, obscene, abusive, defamatory, harassing, scary, malicious, or condemnable. Unlimited Media has no responsibility towards you for any such content. The types and descriptions of the Content, such as genres and categories, are for your convenience of use only, and Unlimited Media is not responsible for their accuracy.
15. Transfer of Rights
15.1. Unlimited Media may, whether in part or in full, transfer its rights and obligations under these Terms and Conditions of Use to a third party without your consent.
16.1. If at any time, any of the provisions of these Terms and Conditions of Use are held to be invalid or unenforceable to any extent, the other provisions of these Terms and Conditions of Use will remain in force unchanged. All the provisions of these Terms and Conditions of Use are valid and applied to the extent permitted by law.
17. Dispute Settlement
17.1. These Terms and Conditions of Use are governed by the law of the Republic of Estonia. All disputes, dissentions, and claims, which arise from these Terms and Conditions of Use, or which relate to them or to their violation, termination, or invalidity, are settled in the Estonian courts, with Harju County Court being the court of first instance.
17.2. With regard to illegal copying or distribution of the Content or the Service, Unlimited Media may bring a damages action or court proceedings before any court with appropriate competence.