TERMS AND CONDITIONS

1.1 Acceptance of Terms and Conditions
The website at www.azcinemaonline.com (the “Website”) is owned and operated by Narimanfilm MMC. References to "we", "us" or "our" are references to Narimanfilm MMC. We are a company registered in Azerbaijan, and our address for correspondence is: F. Gurbanov Str. . Baku AZ1003 Azerbaijan (email: info@azcinemaonline.com). ("Terms and Conditions") are deemed to incorporate our Privacy Policy and our End User Licence Agreement, which you should read together with these Terms and Conditions.

Your use of the Website and your use and/or purchase of Az Cinema Online's Products and Services whether accessed via the Website or any other Device is at all times subject to these Terms and Conditions as applicable (which forms a legally binding contract between you and us) and all applicable laws.

By accessing this Website or using and/or purchasing Az Cinema Online's Products and Services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Website and do not use and/or purchase Az Cinema Online's Products and Services.

1.2 Changes to Terms and Conditions
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website and your use and/or purchase of Az Cinema Online’s Products and Services will be the version that is current and displayed on this Website as at each date you access this Website or use and/or purchase Az Cinema Online’s Products and Services (as applicable). Your use of this Website or your use and/or purchase of Az Cinema Online's Products and Services after changes are made means that you agree to be bound by such changes.

2 Refusal of application
We may refuse any application to use the services of Az Cinema Online for any reason whatsoever.

3 Terms and Conditions, Rules incorporated
Any terms and conditions, additional usage rules or similar on this Website or on a Device relating to any Az Cinema Online Product and Service that you use and/or purchase from us are deemed to be incorporated into these Terms and Conditions.

4 Changing fees and charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of Az Cinema Online’s Products and Services.

5 Watch Online Service

5.1 Introduction
This document sets out the terms and conditions of our Watch Online service, which allows you to stream films, TV shows and other content ("Films") to your PC, laptop, television, DVD player, Blu Ray player, media centre or other authorized device capable of receiving it (a "Device"). When we use the word Device we include any service, guide, portal or gateway integrated with that Device. Where use of a Device requires you to download any software which we provide to you, our End User License Agreement will apply to your download and use of that software,

The quality of the display of Watch Online Films may vary from Device to Device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of your internet connection. Az Cinema Online makes no representations about the quality of your Watch Online display.

We may withdraw Watch Online functionality entirely from our service or from any package or category of users. We may also limit, condition, terminate, charge for or otherwise modify your use of the Watch Online service at any time without notice. You acknowledge that due to requirements or requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Films may not be viewed, or may cease being viewable, on our Watch Online service at all or on some or all Devices.

5.2 Ways to stream and watch a Film
You can stream and watch Films on the Watch Online service in two ways:

  1. on a transactional basis, by paying a fee for the opportunity to watch a Film as many times as you like during a set playback period; or
  2. on a free (ad-supported) basis.

Films may not be able to be streamed and watched in both these ways or on some or all Devices.

5.3 Transactional
When you Rent a Film, you will have a period of time (usually 7 days, but this may vary) within which you must watch the Film (the "Playback Period"). You can watch the Film as many times as you like within that Playback Period but you cannot extend the Playback by stopping, pausing or restarting the Film. If you want to watch a Film after the Playback Period ends, you will have to Rent the Film (and pay the applicable fee) again. The Playback Period may be different for different Films and the period displayed on the Website when you Rent the Film will be the one that applies. We reserve the right to change the Playback Period for any Film at any time. We will only change the Playback Period for a Film that you have already Rented for if required to do so under our agreements with our licensors.

5.4 Free
To watch a Film on a free (ad-supported) basis you are not required to pay any Rental fee. You acknowledge that Films you watch may contain advertising or other marketing messages before, during and/or after them. We reserve the right to require you to provide us with personal details and payment card details to verify your identity and/or age.

5.5 Equipment, Systems and Connectivity
Your ability to stream and watch Films will depend on you having the necessary equipment, systems and connectivity. Before you Rent a Film, you must ensure that you have all necessary equipment, systems and connectivity to stream and watch the Film properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to stream and watch Films.

We may determine in our sole discretion from time to time which Devices are authorized for you to stream and watch Films on. Devices are manufactured, sold and/or operated by entities other than Az Cinema Online and we do not take responsibility for or otherwise warrant the performance of any Device, including the continuing compatibility of the Device with our Watch Online service or vice versa. By using the Watch Online service, you agree to look solely to the entity that manufactured, sold and/or operates the Device (as applicable) for any issues related to the

Device and/or its compatibility with the Watch Online service or vice versa. Any issues related to our Watch Online service and its functionality, including any system requirements, are covered and limited by these Terms.

You acknowledge that the availability of the Watch Online service and in particular the streaming of Films may be affected by internet traffic congestion or by other network, ISP, electronic, computer or other communication problems or failures and that we are not responsible for the failure of any Film to stream or to continue streaming due to any such congestion, problem or failure.

5.6 Restrictions
You acknowledge all intellectual property and other rights in the Films that you stream and watch are owned by us or our licensors. To enforce those rights, we stream Films to you using technology that protects digital information and limits your ability to watch the Film in accordance with certain usage rules established by us and/or our licensors (whether in these Terms and Conditions and/or on the relevant pages of the Website and/or displayed on a Device). Accordingly, you undertake that:

    1. you will stream and watch Films for personal, private use only (and not for any direct or indirect commercial purpose);
    2. you will not, and will not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Film;
    3. you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of any Film or part of the means by which we stream the Film to you; and

5.7 Termination and Enforcement
You acknowledge that, in addition to any rights that we or licensors have, any breach of these Terms and Conditions will entitle us to terminate your use of the service immediately and without notice. You specifically acknowledge our licensors have the right to directly enforce relevant provisions within these Terms and Conditions against you. We reserve the right to change, suspend, or cease the Watch Online Service, or any part of it at any time and without notice to you. In particular, we reserve the right to remove any Film from our catalogue or to cease your streaming and watching of any Film on the Website or any Device if necessary to comply with our obligations to our licensors. You agree that, except for a reasonable refund in respect of any Film you have Rented to watch on a transactional basis, we will not be liable to you if we exercise those rights, even if your streaming or watching of a Film is affected by the change, suspension or cessation.

6 Prohibited Use Of The Website

6.1
You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Website. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to the Website.

6.2
You agree not to impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose. In order to provide you with an easy-to-use service, Az Cinema Online will place a 'cookie' (a small text file) on any computer you use to access the Az Cinema Online website. When you revisit the Az Cinema Online website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.

7 Material On This Website

7.1 Copyright
All materials (including software and content whether downloaded or not) contained on the Website or the Watch-Online Service are owned by Narimanfilm MMC (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of content that you may purchase from the Website or the Watch Online Service to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, and any other relevant terms and conditions provided to you without our prior written permission.

You acknowledge and agree that certain content on the Website is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you.

7.2 Trade marks
Az Cinema Online, the Az Cinema Online logo and all other Az Cinema Online product or service marks are trade marks of Az Cinema Online (Narimanfilm MMC). All other trade marks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.

8 Links To Other Websites / Services
We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability; (b) the privacy practices, (c) the content, advertising, products, goods or other materials or resources on or available from; or (d) the use to which others make of; these websites or services. We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

9 General Terms And Conditions

9.1 Privacy
We collect personal information about you through and in connection with your use of the website and your use and/or purchase of Az Cinema Online’s Products and Services. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms and Conditions, and which may be accessed from our home page or by clicking here is deemed to be incorporated into these Terms and Conditions.

9.2 Promotion Codes
Any promotion code or offer provided on the Website or via any Device cannot be used in conjunction with any other promotion code or offer, past or present.

9.3 Indemnity by you
You agree to indemnify and hold the Az Cinema Online, 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 legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, or any violation by you of any applicable laws or the rights of any third party.

9.4 Disclaimer of Warranties and Limitations on Liability
(a) Nothing in this clause (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit Az Cinema Online's liability for:

    1. fraud; or
    2. death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977); or
    3. liability to the extent the same may not be excluded or limited as a matter of law.

(b) Az Cinema Online's Products and Services, the Website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of Az Cinema Online's Products and Services, the Website or its content. We assume no liability or responsibility for any errors or omissions in the content of Az Cinema Online's Products and Services or the Website or our provision of the Watch Online Service.We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.

(c) Subject to the sub clause ‘(a)’ above, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of the above clauses to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

(d) Subject to the sub clauses (a), (b) and (c) above our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the Website, or any website content or your use of Az Cinema Online’s Products and Services shall not exceed in aggregate the greater of $1 and/or the total amount paid by you to us in respect of Az Cinema Online's Products and Services in the month preceding any such claim.

9.5 Applicable Law
The Website and Az Cinema Online’s Products and Services are controlled by Az Cinema Online. Your use and/or purchase of the Website or Az Cinema Online’s Products and Services is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England. Disputes arising from or in connection with your use of the website and/or your use and/or purchase of Az Cinema Online’s Products and Services we provide are subject to the non-exclusive jurisdiction of the English courts.

9.6 Assignment/Transfer By Us
You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms and Conditions to any third party. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other third party.

9.7 Assignment/Transfer by You
Az Cinema Online accounts or profiles and your other rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.

9.8 No Waiver
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

9.9 Force Majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website or any of Az Cinema Online’s Products and Services, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

9.10 Third Party Rights
Subject to various clauses above, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999. In accordance with clause 1.2, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party.

9.11 Entire Agreement
These Terms and Conditions (including the Privacy Policy and any other terms and conditions or usage rules incorporated into these Terms and Conditions) constitute the whole agreement between you and us relating to their subject matter and supersede any prior agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter. Neither party has any liability to the other for a representation or statement not set out in these Terms and Conditions.

9.12 Interpretation
In these Terms and Conditions, unless the context requires otherwise: I any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

10 AZ CINEMA ONLINE'S Contact Details
All correspondence to Az Cinema Online, including any queries you may have regarding your use of the Website, your use and/or purchase of Az Cinema Online's products and services or these Terms and Conditions, should be sent to the address set out in clause 1.

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