KINOSCOPE TERMS & CONDITIONS   

Welcome to KINOSCOPE, an online platform dedicated to presenting films by established and emerging filmmakers. It praises a broad variety of cinematic works through curated streaming/VOD exhibition. We provide our subscribers with access to motion pictures, streamed over the Internet to computers, iOS and Android mobile devices as well as Internet-connected TVs. These Terms & Conditions are subject to change without prior written notice at any time, in Organization’s sole discretion, and such changes shall apply to any purchases made after such changes are posted. Therefore, you should review these Terms & Conditions prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms & Conditions, do not make any purchases.

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

• Registered Users, Subscribers, Free Trials, Billing and Cancellation

 

Becoming a Registered User

You may register as KINOSCOPE registered user of the Website free of charge (a “User”). To become a User, submit your email address to KINOSCOPE as well as first and last name and create a password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

Ongoing Subscription

Your monthly subscription, which starts with a free trial, will continue month to month until you cancel your subscription. You must have Internet access and provide us with a current, valid, accepted method of payment (a “Payment method”) to use the KINOSCOPE Subscription service. We will bill the subscription fee to your Payment method. You must cancel your subscription before it renews in order to avoid billing of the next period’s subscription fees to your Payment method.

Free Trials

Your KINOSCOPE membership starts with a free trial. The free trial period of your membership lasts for 14 days, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service. KINOSCOPE reserves the right, in its absolute discretion, to determine your free trial eligibility.

We will begin billing your Payment method for subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period.

You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. We will continue to bill your Payment method for your subscription fee until you cancel.

Billing

Recurring Billing.

By starting your KINOSCOPE subscription, you authorize us to charge you a monthly fee at the then current rate, and any other charges you may incur in connection with your use of the MUBI service to your Payment method. 

Price Changes.

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. 

Billing Cycle.

The subscription fee for our service will be billed at the beginning of the paying portion of your subscription unless and until you cancel your subscription. We automatically bill your Payment method monthly. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment method has not successfully settled. Your renewal date may change due to changes in your Subscription. 

No Refunds.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

Insufficient Funds.

If a payment is not successfully settled, due to expiration, insufficient funds reoccurring charging will be applied with limited time, if not succeeded your membership will be cancelled automatically.

Cancellation

You may cancel your KINOSCOPE subscription at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS.

 

• Passwords & Account Access

 

1. 1. 1. A User has access and control over the KINOSCOPE account. A User’s control is exercised through use of the User’s password and therefore to maintain exclusive control, the User should not reveal the password to anyone. In addition, User should not reveal the Payment method details (e.g., last four digits of their credit or debit card) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
      2. BY SHARING THE KINOSCOPE SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE USER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD SUBSCRIBERS COMPLY WITH THE TERMS & CONDITIONS AND SUCH USER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD SUBSCRIBERS.
      3. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the KINOSCOPE website and not through a hyperlink in an email or any other electronic communication, even if it looks official. KINOSCOPE reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. KINOSCOPE is not obligated to credit or discount a subscription for holds placed on the account by either a representative of KINOSCOPE or by the automated processes of KINOSCOPE.

 

• Governing Law

 

These Terms of Use shall be governed by and construed in accordance with the laws of the country in which the entity that is providing the KINOSCOPE service to you (as defined above) has its registered offices. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your local jurisdiction.

 

• Use of Information Submitted

 

MUBI is free to use any comments, information, ideas, concepts, reviews, techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the KINOSCOPE service, including the KINOSCOPE website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the KINOSCOPE service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note KINOSCOPE does not accept unsolicited materials or ideas for movies, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to KINOSCOPE.

Customer Support

If you need assistance of any kind email info@kinoscope.org with words “Customer Support” in subject.

 

• Copyright

 

KINOSCOPE respects the intellectual property rights of others and expects its Users to do the same.

General Terms & Conditions

Privacy

 We collect personal information about you through and in connection with your use of the website and your use and/or purchase of KINOSCOP’s Products and Services. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms & Conditions.

Idemnity by you

 You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.

Disclaimer of Warranties

COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY FILMS MADE AVAILABLE ON THIS SITE. FILMS AND MOVIE GIFTS ARE PROVIDED OR SOLD “AS IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

Limitations on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.