Terms and Conditions

CINEMASTHAN TERMS OF USAGE

Cinemasthan provides a personalized subscription service that allows our members to access movies and other digital entertainment content (" Cinemasthan Content") streamed over the Internet to certain Internet-connected TVs, computers and other devices

You have accepted these Terms of Use, which govern your use of our service.

As used in these Terms of Use, " Cinemasthan's Service", "our service" or "the service" means the personalized service provided by Cinemasthan for discovering and watching Cinemasthan's content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH CINEMASTHAN (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

1. Subscription
1.1. Cinemasthan has Monthly and annual subscriptions packages. Your Cinemasthan Subscription will continue and automatically renew until terminated. To use the Cinemasthan service you must have Internet access and a Cinemasthan ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.

1.2. We may offer a number of Subscription plans, including Subscriptions offered by other platforms in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some Subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Cinemasthan Subscription by visiting our website and clicking on the "Account" link available at the top of the pages under your profile name.

2. Promotional Offer
We may from time to time offer special promotional offers, plans or Offers. Offer eligibility is determined by Cinemasthan at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Old Members with an existing or recent Cinemasthan Subscription may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent Cinemasthan Subscription to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the offer or in other communications made available to you.

3. Billing and Cancellation
3.1. Billing Cycle.
The Subscription fee for the Cinemasthan service and any other charges you may incur in connection with your use of the service. Method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Subscription fees are fully earned upon payment. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. If you signed up on Cinemasthan using your account with a third party as a Payment Method, you can find the billing information about your Cinemasthan Subscription by visiting your account with the applicable third party.

3.2. Payment Methods.
To use the Cinemasthan service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method.

3.3 Updating your Payment Methods.
You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using the information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

3.4. Cancellation.
You can cancel your Cinemasthan Subscription at any time, and you will continue to have access to the Cinemasthan service through the end of your billing period. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. If you cancel your Subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for Cinemasthan using your account with a third party as a Payment Method and wish to cancel your Cinemasthan Subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Cinemasthan's service through that third party.

3.5. Changes to the Price and Subscription Plans.
We reserve the right to change our subscription plans or 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. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

3.6. No Refunds.
Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

4. Cinemasthan Service
4.1. You must be at least 16 years of age to become a member of the Cinemasthan service. Individuals under the age of 16 may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

4.2. The Cinemasthan service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Cinemasthan Subscription, we grant you a limited, non-exclusive, non-transferable right to access the Cinemasthan service and view Cinemasthan content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

4.3. You may view Cinemasthan content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page.

4.4. The Cinemasthan service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of Cinemasthan content.

4.5. Some Cinemasthan content is available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.

4.6. You agree to use the Cinemasthan service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on the use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Cinemasthan service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Cinemasthan service; use any robot, spider, scraper or other automated means to access the Cinemasthan service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Cinemasthan service; insert any code or product or manipulate the content of the Cinemasthan service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Cinemasthan service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

4.7. The quality of the display of the Cinemasthan content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. SD, HD, Full HD availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as SD, HD, Full HD and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Full HD content. The minimum connection speed for SD quality is 1.0 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 3.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 15.0 Mbps per stream is recommended to receive full HD. Please check with your Internet provider for information on possible Internet data usage charges. Cinemasthan makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Cinemasthan content will vary based on a number of factors, including your location, available bandwidth at the time, the Cinemasthan content you have selected and the configuration of your Cinemasthan ready device.

4.8. The Cinemasthan software is developed by, or for, Cinemasthan and may solely be used for authorized streaming and viewing of content from Cinemasthan through Cinemasthan ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Cinemasthan and related third-party software. If you do not accept the foregoing terms, do not use our service.

4.9. By using our service, you agree to look solely to the entity that manufactured and/or sold you the Cinemasthan ready device for any issues related to the device and its compatibility with the Cinemasthan service. We do not take responsibility or otherwise warrant the performance of Cinemasthan ready devices, including the continued compatibility with our service.

5. Passwords and Account Access
The member who created the Cinemasthan account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the Cinemasthan account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Cinemasthan ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Cinemasthan or our partners from identity theft or other fraudulent activity. Cinemasthan is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Cinemasthan or by the automated processes of Cinemasthan. If your Cinemasthan ready device is sold, lost or stolen, please deactivate the Cinemasthan ready device. If you fail to log out or deactivate your device, subsequent users may access the Cinemasthan service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "Account" page of our website

6. Disclaimers of Warranties and Limitations on Liability
6.1. THE CINEMASTHAN SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE CINEMASTHAN SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CINEMASTHAN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CINEMASTHAN SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. CINEMASTHAN SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, CINEMASTHAN READY DEVICES, AND CINEMASTHAN SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL CINEMASTHAN, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

7. Arbitration Agreement
7.1. You and Cinemasthan agree that any dispute, claim or controversy arising out of or relating in any way to the Cinemasthan service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, Arbitration Act India governs the interpretation and enforcement of this provision, and that you and Cinemasthan are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Cinemasthan Subscription.

7.2. If you elect to seek arbitration or file a small claim court action, you must first send to Cinemsthan, by certified mail, a written Notice of your claim ("Notice"). The Notice to Cinemasthan must be addressed to RIFF FILM CLUB. If Cinemasthan initiates arbitration, it will send a written notice to the email address used for your Subscription account. A Notice, whether sent by you or by Cinemasthan, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Cinemasthanand you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Cinemasthan may commence an arbitration proceeding or file a claim in small claims court.

8. Miscellaneous
8.1. Governing Law.
These Terms of Use shall be governed by and construed in accordance with the laws of the state of India without regard to conflict of law’s provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

8.2. Unsolicited Materials.
Cinemasthan does not accept unsolicited materials or ideas for Cinemasthan content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Cinemasthan Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Cinemasthan and its affiliates regarding the use of such materials and ideas, even if the material or an idea is used that is substantially similar to the material or idea you sent.

8.3. Feedback.
Cinemasthan is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Cinemasthan service, including the Cinemasthan website and user interfaces, worldwide and in-perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing marketing products and creating, modifying or improving the Cinemasthan service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

8.4. Customer Support.
To find more information about our service and its features, or if you need assistance with your account, please visit the Cinemasthan Help Center on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website, these Terms of Use will control.

8.5. Survival.
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

8.6. Changes to Terms of Use and Assignment.
Cinemasthan may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Cinemasthan service.

8.7. Communication Preferences.
We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.