Terms of DIAKUBIK subscription
1. General Provisions
1.1. This document (hereinafter — the Terms) shall establish the rules of providing DIAKUBIK on a subscription basis for the buyer (User) provided by MULTIKUBIK, LLC (hereinafter – MULTIKUBIK).
1.2. Subscribing for DIAKUBIK the User shall be considered having accepted these Terms and provisions of the documents referred to herein, unconditionally and completely, with no exceptions.
For the purposes hereof the Personal cabinet shall mean the User’s account at MULTIKUBIK (its affiliates’) services (including mobile applications) containing information about the User and other information connected with 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/diacube-conditions.
1.4. Within DIAKUBIK subscription the User:
1.4.1. shall be granted CINEMOOD Cloudsubscription on the terms published at https://cinemood.com/cnmd-cloud-conditions;
1.4.2. shall be granted full access to all DIAKUBIK functions (also “Kubik” hereinafter) according to the description given on page https://cinemood.ru/diacube/.
1.5. The User shall acknowledge and agree that Kubik functionality is limited: Kubik complies with the properties given on page https://cinemood.ru/diacube and is fit for purpose only subject to:
1.5.1. User’s payment for CINEMOOD Cloud subscription during each Subscription period within the framework of the Subscription term (as defined in par. 2.2 hereof);
1.5.2. User’s compliance with these Terms and requirements of the documents the Terms refer to as well as of the documents regulating CINEMOOD Cloud subscription.
In case of non-compliance with above said conditions the consequences specified in par. 2.7 hereof shall ensue.
1.6. Purchasing DIAKUBIK on a subscription basis the User shall:
1.6.1. 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;
1.6.2. 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;
1.6.3. 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;
1.6.4. 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;
1.6.5. сonfirm its consent with the rules and terms provided for in the documents:
- Terms of providing CINEMOOD Cloud service (http://support.cinemood.com/cnmd-cloud-conditions);
- Terms of using DIAKUBIK on a subscription basis (https://support.cinemood.com/diacube-conditions)
2. Subscription terms
2.1. The possibility of purchasing DIAKUBIK on a subscription basis is available to any full-aged citizen of the Russian Federation.
2.2. Subscribing for DIAKUBIK on a subscription basis 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 CINEMOOD Cloud service and hand over Kubik to the User and the User shall pay for the cost of CINEMOOD Cloud service. The User shall pay for each Subscription period which can be chosen by the User itself out of the following values (1 month, 3 months, 6 months and 12 months).
The amount of payment for Subscription period for DIAKUBIK on a subscription basis to be transferred by the User to MULTIKUBIK account shall be specified in the Personal cabinet.
The subscription shall become valid upon Kubik activation by the User and shall expire on respective day of the last month of the term.
The Subscription period equaling one month shall start from the subscription payment date and shall expire in 30 days.
2.3. The User shall pay for subscription for DIAKUBIK on a subscription basis by way of prepayment. 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 added to the Personal cabinet (including that added at subscribing for DIAKUBIK on a subscription basis prior or after it) shall be deemed Attached card. MULTIKUBIK may write off the amount equaling the subscription cost for DIAKUBIK on a subscription basis from any of Attached cards.
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.
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.
2.4. Access to DIAKUBIK on a subscription basis shall be deemed to be granted to the User for the Subscription term in full upon User’s payment for subscription at MULTIKUBIK server subject to the payment being reflected in MULTIKUBIK electronic payment accounting system (or upon any other moment in cases provided for in the Personal cabinet).
MULTIKUBIK obligations on granting access to DIAKUBIK on a subscription basis to the User within the subscription shall be deemed fulfilled irrespective of whether the User requested for respective MULTIKUBIK performance within CINEMOOD Cloud subscription during the subscription period and also irrespective of the actual number and amount of User’s enjoying respective CINEMOOD Cloud benefits within the Subscription term.
2.5. When subscribing the User shall instruct MULTIKUBIK during the Subscription term within each Subscription period to charge payment for subscription for DIAKUBIK on a subscription basis (subscription payment) specified by MULTIKUBIK as of the payment date up to the expiration of the Subscription term.
2.6. MULTIKUBIK may terminate CINEMOOD Cloud subscription in cases provided for by the terms of CINEMOOD Cloud subscription (https://support.cinemood.com/cnmd-cloud-conditions) or on the other grounds provided for herein. In case of termination of CINEMOOD Cloud subscription for MULTIKUBIK mini cinema shall be also terminated and the consequences provided for in par. 2.7.2 hereof shall ensue.
2.7. Should Attached card lack sufficient amount of funds to extend the subscription and in the absence of the possibility of writing off respective amount from Attached card for any reason MULTIKUBIK may:
2.7.1. terminate the User’s access to CINEMOOD Cloud as from the date of beginning of unpaid Subscription period (or from the later date) at its own discretion or maintain the possibility of User’s accessing to CINEMOOD Cloud until subscription payment writing off from Attached card;
2.7.2. deactivate Kubik functionality as from the date of beginning of unpaid Subscription period (or from the later date) at its own discretion or maintain the possibility of User’s using Kubik until subscription payment writing off from Attached card;
2.8. Accepting these 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 subscription for DIAKUBIK on a subscription basis 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 at cube activation;
- by pressing “Subscribe” button (or other button of the similar function) confirming the User’s consent with these Terms.
2.9. The User shall confirm its consent that the personal information submitted by the User to MULTIKUBIK within the subscription for DIAKUBIK on a subscription basis 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 within CINEMOOD Cloud subscription.
2.10. The User shall monitor information on subscription for DIAKUBIK on a subscription basis status by itself in the Personal Cabinet (paid Subscription period, subscription cost, other information) and also monitor amendments to the Terms on page https://support.cinemood.com/cnmd-cloud-conditions.
2.11. The User shall acknowledge and agree that Kubik deactivation in cases provided for by par. 1.5 and 2.7 hereof shall not serve as the ground for revising subscription cost for the paid Subscription period or returning the funds to the User. Should subscription for DIAKUBIK on a subscription basis be resumed upon expiry of one or several unpaid Subscription periods the User shall be granted full access to CINEMOOD Cloud subscription and all its benefits without limitation.
3. Other terms and limitations
3.1. MULTIKUBIK shall reserve the right to deny User’s access to DIAKUBIK on a subscription basis at its own discretion and/or deactivate Kubik functionality and/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 including the documents they refer to, 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. 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.
3.3. In cases provided for in applicable law at paying for subscription for DIAKUBIK on a subscription basis, at return of the funds obtained following such payment the cashier’s receipt shall be sent to the e-mail address created during registration at MULTIKUBIK service during Kubik activation under the account the User was authorized for payment or to the subscriber’s number specified by the User in using MULTIKUBIK (its affiliates’) services.
3.4. Unless expressly provided otherwise in the Personal Cabinet, the User cannot transfer its rights and/or obligations within the subscription for DIAKUBIK on a subscription basis to third parties fee-based or free of charge.
3.5. The warranty period for Kubik shall be specified in operational documentation. Should Kubik break down within the warranty period the User shall have the right for free warranty maintenance in cases provided for by warranty terms. In the other cases including those when Kubik malfunction occurred through the User’s fault the repair shall be performed by the User’s efforts and at its own expense.
3.6. All the questions and claims connected with the Agreement shall be sent to firstname.lastname@example.org through applying to the help desk.