1. General Provisions
1.1. This document (hereinafter — the Terms) shall establish CINEMOOD Cloud subscription rules for the user of MULTIKUBIK mini cinema (User) supplied by MULTIKUBIK, LLC (hereinafter — MULTIKUBIK).
1.2. Subscribing for CINEMOOD Cloud the User shall be deemed having accepted these Terms and provisions of the documents referred to herein, unconditionally and completely, with no exceptions. Should the User disagree with the provisions of the above said documents, the User shall terminate CINEMOOD Cloud subscription in the Personal Cabinet.
For the purposes hereof, the Personal Cabinet shall mean the User’s account at MULTIKUBIK (its affiliates’) services (including mobile applications) containing information on the User and other information connected with the User’s using the said services, available for the User upon authorization with User’s login and password at MULTIKUBIK (its affiliates’) services.
1.3. These Terms can be changed by MULTIKUBIK without any special notice, revised Terms entering into force upon its posting on the Internet at the address specified in this paragraph unless otherwise provided for in revised Terms. The Terms as amended are always available at the following page: https://support.cinemood.com/cnmd-cloud-conditions.
1.4. Should MULTIKUBIK introduce any changes to the Terms in the manner set forth in par. 1.3 hereof, which the User disagrees with, it shall terminate subscription in the Personal Cabinet.
1.5. Having subscribed for CINEMOOD Cloud, the User shall:
1.5.1. confirm that it is legally capable and has reached the age required by the legislation of the Russian Federation for making the transactions provided for herein;
1.5.2. guarantee reliability of personal information submitted at registration and in the course of using MULTIKUBIK (its affiliates’) services and at subscribing, assume all responsibility for the accuracy, completeness and adequacy thereof. The User shall assume all possible risks connected with its actions performed with mistakes or discrepancies in submitting personal information;
1.5.3. confirm that it has read in full and agreed unconditionally with these Terms and also understood provisions hereof and those of the documents referred to herein;
1.5.4. give its consent to receipt of advertisement and information messages. The User may refuse receiving advertisement messages in the manner provided for in the User agreement for MULTIKUBIK services (https://support.cinemood.com/terms-of-use) or following the instructions contained in the message received;
1.5.5. сonfirm its consent with the rules and terms provided for in the documents:
- User agreement of MULTIKUBIK services(https://support.cinemood.com/terms-of-use/);
- other documents specified in the Personal Cabinet defining the terms of providing particular content to the User.
2. CINEMOOD Cloud Subscription
2.1. Possibility of subscribing for CINEMOOD Cloud shall be available only to the User authorized at MULTIKUBIK services in the manner provided for in the User agreement for MULTIKUBIK services (https://support.cinemood.com/terms-of-use), as well as by user agreements of its affiliates and third parties – CINEMOOD Cloud subscription partners), specified in the Personal Cabinet.
2.2. Full and up-to-date list of the benefits currently provided within paid subscription for CINEMOOD Cloud, is given at page https://support.cinemood.com/cnmd-cloud-content. Besides, other benefits specified in the Personal Cabinet can be available to the User on the terms specified therein.
2.3. Subscribing for CINEMOOD Cloud the User shall conclude an agreement with MULTIKUBIK (hereinafter – the Agreement) on the terms provided for herein as well as by provisions of Cl.429.4 of the Civil code of the Russian Federation (subscriber’s contract). Under the contract MULTIKUBIK shall give the User access to the benefits of CINEMOOD Cloud for the Subscription period and the User shall pay for subscription (except for the cases specified in par. 3.8 hereof).
For the purposes hereof the Subscription period shall mean the period of time (e.g., month or year) specified at page https://support.cinemood.com/cnmd-cloud-content or in the Personal Cabinet which subscription is made and respective payment is specified for.
2.4. The amount of payment for CINEMOOD Cloud subscription to be transferred by the User to MULTIKUBIK account shall be specified in the Personal Cabinet. And unless stated otherwise in the Personal Cabinet, the payment shall be taken for each CINEMOOD CloudSubscription period defined by the User at subscribing.
The Subscription period equaling one month shall start from the subscription payment date and shall expire in 30 days.
The subscription period equaling one year shall commence upon the subscription payment date and shall expire on respective day and month of the calendar year following the subscription payment date.
2.5. The User shall effect payment for CINEMOOD Cloud subscription in the manner provided for by this paragraph. For the purposes of subscribing and having further opportunity of paying for subscription the User shall add its bank card and/or electronic payment means to its Personal Cabinet (Attached card). For the purposes hereof any bank card and/or electronic payment means added to the Personal Cabinet (including those added at subscribing for CINEMOOD Cloud prior or after it) shall be deemed Attached card. MULTIKUBIK may write off the amount equaling CINEMOOD Cloud subscription cost from any of attached cards.
MULTIKUBIK may write off (block) the amount of 100 rubles in order to confirm validity of Attached card which shall be returned to the User in case of successful transaction. Unsuccessful attempt of writing off the said amount shall mean impossibility of adding this Attached card and taking out/paying for subscription.
By specifying Attached card data and subsequent use of Attached card the User shall confirm and guarantee specifying reliable and full information about valid bank card issued in its name; its compliance with the rules of international payment systems and requirements of the bank issuing the Attached card including those concerning procedure of non-cash settlement; specifying reliable and full information about electronic payment means; compliance with electronic money operator’s requirements.
MULTIKUBIK shall reserve the right to request User’s proving the data specified by it in the Personal Cabinet, including Attached card data and request supporting documents in this connection (in particular, identity papers), nonsubmission whereof at MULTIKUBIK discretion can be equated with submitting unreliable information and lead to the consequences provided for in par. 3.1 hereof.
2.6. Access to CINEMOOD Cloud benefits shall be deemed to be granted to the User for the Subscription period in full upon User’s payment for subscription at MULTIKUBIK server subject to the payment being reflected in MULTIKUBIK electronic payment accounting system.
MULTIKUBIK obligations on granting access to CINEMOOD Cloud benefits to the User within the subscription shall be deemed fulfilled irrespective of whether the User requested for respective MULTIKUBIK performance during the subscription period or not and also irrespective of the actual number and amount of User’s enjoying respective benefits within the Subscription period.
2.7. Within CINEMOOD Cloud subscription the benefits submitted by MULTIKUBIK or third parties (MULTIKUBIK partners) included into CINEMOOD Cloud subscription shall be available to the User. The said benefits shall be provided to the User by MULTIKUBIK or its partners whose benefits shall be included in CINEMOOD Cloud subscription on demand, i.e. in connection with the User’s requesting for respective benefits available in CINEMOOD Cloud, subject to fulfilment of the terms specified on page https://support.cinemood.com/cnmd-cloud-content or in the Personal Cabinet.
2.8. When subscribing the User shall instruct MULTIKUBIK within each Subscription period defined according to the terms specified on page https://support.cinemood.com/cnmd-cloud-content to charge payment for CINEMOOD Cloud subscription (subscription payment) specified by MULTIKUBIK as of the payment date up to the moment of the User’s refusal to extend the subscription for the next Subscription period.
2.9. The User shall acknowledge and agree that CINEMOOD Cloud subscription shall be taken out for indefinite period of time by default starting from the moment of paying for the first Subscription period. The User may refuse from extending the subscription for the next Subscription period in its Personal Cabinet. In such case the User’s access to CINEMOOD Cloud shall be terminated from the day following the last day of paid Subscription period. Besides, CINEMOOD Cloud subscription can be terminated by MULTIKUBIK in the other cases or on the other grounds provided for herein.
2.10. Should Attached card lack sufficient amount of funds to extend the subscription MULTIKUBIK may maintain the possibility of User’s accessing to CINEMOOD Cloud until subscription payment writing off from Attached card. MULTIKUBIK may deem the absence of sufficient amount of funds on Attached card for long period of time as the User’s refusal to extend the Subscription as from the commencement date of unpaid Subscription period.
2.11. Accepting this Terms the User shall instruct MULTIKUBIK on the User’s behalf to make orders on writing off funds from the User’s account (which Attached card is tied to) in favor of MULTIKUBIK for CINEMOOD Cloud subscription and to send the said orders to the User’s issuing bank through the acquiring bank.
The User shall give its consent to automatic writing off of the funds from its account in payment for CINEMOOD Cloud subscription upon its order given in the manner provided for in this paragraph hereof and shall acknowledge that the orders for writing off the funds from its account allocated in accordance with this paragraph hereof shall be the orders of the User itself and actions of the processing center and acquiring bank aimed at writing off the funds in accordance with this paragraph hereof shall be performed with the User’s consent.
The funds shall be written off automatically in accordance with this paragraph hereof subject to observing the following conditions:
- User’s entry of all required details of Attached card;
- activation of the service for automatic funds writing off from Attached card as follows: automatically for the first payment;
- by pressing “Subscribe” button (or other button of the similar function) confirming the User’s consent with these Terms.
2.12. The User shall confirm its consent that the personal information submitted by the User to MULTIKUBIK while using MULTIKUBIK services and within CINEMOOD Cloud subscription including that submitted at subscription taking out and payment, can be transferred by MULTIKUBIK to CINEMOOD Cloud subscription partners for the purposes of fulfilment of partners’ obligations to the Users in provision of the benefits included in CINEMOOD Cloud subscription.
2.13. The User shall monitor information on CINEMOOD Cloud subscription status by itself in the Personal Cabinet (paid Subscription period, subscription cost, the list of available content) and also monitor amendments to the Terms on page https://support.cinemood.com/cnmd-cloud-conditions, page https://support.cinemood.com/cnmd-cloud-content and in the Personal Cabinet.
2.14. The User shall acknowledge and agree that the list of the content provided within CINEMA Cloud and given on page https://support.cinemood.com/cnmd-cloud-content and in the Personal Cabinet can be changed, including additions/reductions.
2.14.1. Access to the benefits shall be granted to the User for the whole Subscription period paid by the User if such content was specified in the Personal Cabinet as of the moment of User’s payment for CINEMOOD Cloud subscription for respective Subscription period.
2.14.2. Any changes in the list of available benefits (subject to the provisions provided for in par. 2.14.1 hereof) shall enter into force upon the date of entering respective change into the Personal Cabinet (unless other effective date for the changes has been specified in the Personal Cabinet).
2.14.3. Should any new benefits appear they shall be provided upon the date of appearance thereof in the Personal Cabinet, unless other term has been specified on page https://support.cinemood.com/cnmd-cloud-content or in the Personal Cabinet.
2.15. The User shall acknowledge and agree that any change in the list of CINEMOOD Cloud benefits in the above manner shall not serve as the ground for cancelling CINEMOOD Cloud subscription, revising its cost for the paid Subscription period or returning the funds. The User shall acknowledge and agree that particular benefits within CINEMOOD Cloud can be unavailable in the User’s region (assumed geographic region of the User’s location defined automatically by MULTIKUBIK). Some contents can be unavailable to the User according to the terms of the documents regulating its use (including the documents regulating the use of MULTIKUBIK services and those of CINEMOOD Cloud, subscription partners within which the benefits shall be provided), however the said circumstances shall not serve as the ground for cancelling CINEMOOD Cloud subscription, revising its cost for the paid Subscription period or returning the funds.
3. Other terms and limitations
3.1. MULTIKUBIK shall reserve the right to deny User’s access to CINEMOOD Cloud subscription at its own discretion or to limit the User’s access to CINEMOOD Cloud (or to particular Service functions, whenever it shall be technically possible) using its Personal Cabinet or fully block the User’s account, including cases of discovering incompleteness of the data submitted by the User or unreliable data submitted by the User, User’s breach hereof or of the legislation of the Russian Federation. In case of account blocking in connection with User’s submitting unreliable data on itself or in case of User’s breach hereof the amount of the subscription payment paid by the User for the current Subscription period shall not be subject to recalculation/return.
3.2. MULTIKUBIK may change the amount of the payment for CINEMOOD Cloud subscription. And the User having taken out and paid for CINEMOOD Cloud subscription (with automatic subscription extension) shall be notified of such change at least 10 (ten) calendar days prior to its entry into force as follows (at MULTIKUBIK choice): by posting revised Terms at: https://support.cinemood.com/cnmd-cloud-conditions, by posting information on new payment amount in the Personal Cabinet, in sales and advertisement materials provided to the Users. While the cost of the Subscription period actually paid by the User as of introduction of respective changes shall not be adjusted.
3.3. Generally, User’s identification shall be performed based on its account data at MULTIKUBIK services. MULTIKUBIK may use other data for User’s identification, including data on the person effecting payment when such identification does not lead to infringement of the rights of the parties, third parties, or violation of applicable law.
3.4. In cases provided for in applicable law at paying for CINEMOOD Cloud subscription, at return of the funds obtained following such payment the cashier’s receipt shall be sent to the e-mail address created at Kubik activation during creation of the account whereunder the User was authorized for payment or to the subscriber’s number specified by the User in using MULTIKUBIK (its affiliates’) services.
3.5. Unless expressly provided otherwise in the Personal Cabinet, the User cannot transfer its rights and/or obligations within CINEMOOD Cloud subscription to third parties fee-based or free of charge.
3.6. The User shall not abuse the benefits granted to it within CINEMOOD Cloud.
3.7. The User shall comply with all requirements of the documents regulating the terms of using the benefits within CINEMOOD Cloud subscription.
3.8. Should the User be granted access to CINEMOOD Cloud benefits without its independent subscription taking out and/or payment, the User shall confirm its consent with these Terms by performing the actions aimed at obtainment of the benefits within CINEMOOD Cloud.
3.9. MULTIKUBIK may grant access to CINEMOOD Cloud benefits at its discretion to Users of MULTIKUBIK (its affiliates’) services without taking out the subscription in the manner set forth herein. In such case User’s performing the actions aimed at obtainment of the benefits within CINEMOOD Cloud shall serve as confirmation of the User’s consent with these Terms.
3.10. MULTIKUBIK shall undertake all reasonable measures and shall perform all reasonable actions aimed at maintaining operational capability of MULTIKUBIK (its affiliates’) services within which CINEMOOD Cloud benefits shall be granted. And the User shall be aware of the possibility of occurrence of technical malfunctions and failures in the said service operation and shall agree that MULTIKUBIK shall have no technical possibility of foreseeing occurrence thereof, notifying the User thereof in advance or fully rule out the possibility of occurrence thereof. Occurrence of such malfunctions or failures irrespective of the reasons and consequences cannot serve as the ground for applying the sanctions to MULTIKUBIK.
3.11. MULTIKUBIK shall not be liable for the disputes and discrepancies originating between the User and the partners providing benefits for CINEMOOD Cloud except for the cases when such disputes are caused by MULTIKUBIK violating its obligations under the contracts with such partners.
3.12. All the questions and claims connected with the Agreement shall be sent to firstname.lastname@example.org through applying to the help desk.