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TERMS OF SERVICE

These Terms of Service govern your rights and obligations as users of the portals administered and managed by Top Cinema. Unless otherwise provided by Top Cinema, all new portals introduced and managed by Top Cinema shall be governed by these Terms of Service.

By registering an account with Top Cinema and accessing any of the Portals, you acknowledge and accept that your usage of the Portals (or any of them) shall be governed by these Terms of Service and any other specific rules, procedures, terms, and conditions for the products, services, or facilities offered, as determined or amended by Top Cinema at any time at its absolute discretion.

The Services are provided by Top Cinema.

1. Definitions

In these Terms of Service, the following words and expressions shall have the following meanings unless the context otherwise requires:

• Account: Your account registered with Top Cinema to facilitate your use of the Services available on the Portals (or any of them);
• Buyer: A person who purchases items on the Portals;
• Gift Card: An electronic gift card purchased on any of the Portals, which contains a stored value available for redemption on the Portals;
• Items: The goods and services listed by you for sale on the Portals. “Item” refers to any one of them;
• Parties: Collectively, Top Cinema and you. “Party” refers to any one of them;
• Portals: Collectively, the web portals presently known as top-cinema.com and such other web portals of Top Cinema administered and managed by Top Cinema;
• Services: The services provided by Top Cinema on the Portals, including, without limitation, reselling and retailing online movies and related merchandise, publishing, subject to the conditions in these Terms of Service;
• Purchased Item: Your item listed on the Portals purchased by the Buyer;
• Terms of Service: These Terms of Service governing the use of the Services by you, as amended from time to time as determined by Top Cinema in its absolute discretion.

2. License to Use

In consideration of your agreement to these Terms of Service and your continued observance and compliance with these Terms of Service, Top Cinema grants you a non-exclusive, non-transferable license to access the Portals and use the Services upon the terms and subject to the conditions stated herein.

3. Representations and Warranties

Each time you access the Portals (or any of them), you irrevocably and unconditionally represent and warrant that:

• You are above 18 years old. If you are under 18, your parents are aware of and have consented to your accessing the Portals and using the Services;
• Your personal information and the documentation submitted, including, without limitation, your full name, telephone number, correspondence address, and email address, are true and accurate. You shall immediately notify us in writing of any changes to your personal information;
• You shall keep your Account password secure and confidential. You shall not disclose your Account password to any unauthorized party and shall take all steps to prevent such disclosure;
• Unless otherwise permitted by Top Cinema, you shall not use the Services for any commercial purposes;
• You shall not use the Portals or the Services (or any of them) to conduct any fraudulent, immoral, or illegal activities or activities that may infringe the intellectual property rights of third parties;
• You shall not use any intellectual property belonging to Top Cinema or any publishers listed on the Portals, including, without limitation, trademarks or trade names, whether registered or not, without prior written consent from Top Cinema;
• You shall not be disruptive, offensive, or a nuisance in any manner whatsoever to other users of the Portals or Top Cinema employees.

4. Use of Services

• You shall procure, at your own cost and expense, the requisite equipment and software to connect and access the Portals and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with your connecting your equipment to the Portals (or any of them).
• It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for using the Services that Top Cinema may issue from time to time. Top Cinema shall not be liable for any errors, losses, or damages caused by your use of the Services.
• It is your responsibility to secure the information of your Account. Any notification or confirmation received by Top Cinema from your Account shall be deemed to have been issued by you, notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
• Top Cinema shall not be liable for acting on the notification or confirmation sent through your Account. Top Cinema shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by Top Cinema, notwithstanding any error, fraud, forgery, lack of clarity, or misunderstanding regarding the terms of such notification or confirmation. You shall immediately notify Top Cinema upon receipt of incomplete, garbled, or inaccurate data or information from Top Cinema. You shall also immediately notify Top Cinema upon receipt of any data or information not intended for you, and you shall delete such data or information from your Account.
• You acknowledge and agree that Top Cinema may, at its absolute discretion, refuse or permit you to use the Services without giving any reason or notice thereof.
• Unless otherwise permitted by Top Cinema in writing, you shall not upload, post, email, transmit, or otherwise make available any unauthorized or illegal activities on the Portals or directly to other users of the Portals.
• You shall not upload, post, email, transmit, or in any other manner make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Portals.
• You irrevocably and unconditionally allow and permit Top Cinema to send to your Account updates on services and events offered or provided by Top Cinema.

5. Payment

• You may pay for the Services in the currency available on the Portals in accordance with the prevailing exchange rate determined by Top Cinema at its absolute discretion.
• You shall be solely liable to make payments and applicable taxes, if any, in relation to and in connection with the usage of the Services (or any of them) through the Account.
• Top Cinema shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.
• Top Cinema shall be entitled to vary, modify, or remove the modes of payment available on the Portals (or any of them) at any time without prior notice to you.
• You are responsible for any fees, taxes, or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body.
• For customer service inquiries or disputes, you may contact us by email at customerservice@top-cinema.com. Where possible, we will work with you and/or any user selling on our website to resolve any disputes arising from your purchase.
• Top Cinema uses a third-party payment processor to manage all payments. Your use of this payment processor is governed by the third-party’s terms and conditions.
• Payments suspected of possible fraud or unauthorized use may be frozen, and additional information may be requested to verify the customer and the ownership of the cards or accounts used for the payment.
• Pseudonyms or fictitious names are prohibited.

6. Availability of Services

• The Services are usually available on a daily basis unless otherwise specified herein.
• There may be certain times when the Services are not available due to maintenance, malfunction of the Portals, or other reasons beyond the control of Top Cinema. Top Cinema makes no warranty that the Services will be available at the times stated herein.
• Unless otherwise provided in these Terms of Service, Top Cinema shall be entitled, at its absolute discretion, without notice to you, to change the procedures or mode of operation of the Services at any time and from time to time for any reason whatsoever.
• Notwithstanding any provisions to the contrary in these Terms of Service, Top Cinema shall be entitled to:
  • immediately terminate, discontinue, withdraw, or suspend your use of the Services without notice; or
  • impose conditions or restrictions on your use of the Service without notice.

8. Limitation on Liability

You agree and confirm that you shall not hold Top Cinema, its employees, agents, or licensees, liable for any special, incidental, or consequential damages arising out of and in relation to the Services or these Terms of Service.

9. Intellectual Property Rights

All copyrights, trademarks, and service marks belong to the corresponding owners/publishers, and Top Cinema is not related or associated with any of the said owners/publishers in any respect. All services offered on the Portals are offered by Top Cinema, not the owners/publishers.

10. Reliability of Portals

• You are aware that all transactions conducted on the Portals are through telecommunication and data networks, and you acknowledge that there may be delays in the transmission of data that may not be within Top Cinema‘s control, including, without limitation, delays or interruptions in the services due to system upgrades or malfunctions.
• You acknowledge and agree that neither Top Cinema nor any publisher shall be liable for any loss or damage whatsoever arising from or relating to any failure, delay, or malfunction in the performance of the Services.

11. Account Security

You are responsible for maintaining the confidentiality and security of your Account and for all activities that occur under your Account. You agree to notify Top Cinema immediately of any unauthorized use of your Account or any other breach of security.

12. Disclosure of Information

• Top Cinema may, in its absolute discretion, disclose your particulars, as set out in the Privacy Policy, to any person or legal entity as Top Cinema may be required to do by law or any governmental or regulatory authority.
• Top Cinema may also disclose your information to third parties if it believes such disclosure is reasonably necessary to enforce or apply the terms of any of our user agreements or to protect the rights, property, or safety of Top Cinema, our users, or others.

13. Applicable Laws

You hereby agree that the laws of the jurisdiction in which Top Cinema is domiciled shall govern the use of the Services and these Terms of Service. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.

14. Termination of Services

• Top Cinema may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
• Upon termination, your right to use the Services will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Services.
• All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Notices

All notices required under these Terms of Service shall be sent to Top Cinema at the following email address: customerservice@top-cinema.com. Top Cinema will send notices to the email address associated with your account, or by posting a notice on the Portals.

16. Privacy Policy

• Top Cinema collects and uses personal information in accordance with our Privacy Policy, which is incorporated into and made a part of these Terms of Service.
• We collect information to process your orders, communicate with you, and improve our services.
• You may request to access or modify your personal information by contacting us at customerservice@top-cinema.com.
• We will take all reasonable steps to protect the privacy and security of your personal information.
• We will not sell or rent your personal information to third parties without your explicit consent, except as required by law or as necessary to fulfill your requests (e.g., to process orders or provide customer service).

17. Refund Policy

• Refunds for physical products are handled on a case-by-case basis. Please contact us within 7 days of receiving your item if you wish to request a refund.
• Refunds for digital products (such as movie rentals or digital downloads) are not available once the item has been delivered.
• Refunds are not available for gift cards or other promotional items.

18. Assignment

You may not transfer or assign your rights or obligations under these Terms of Service without the prior written consent of Top Cinema. Top Cinema may assign or transfer these Terms of Service, in whole or in part, without restriction.

19. Waiver and Severability

• Failure by Top Cinema to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights.
• If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect.

20. Variation

Top Cinema may revise these Terms of Service from time to time by updating this page, with the new terms taking effect immediately upon posting. Your continued use of the Services after such changes constitutes your acceptance of the new Terms of Service.

If you have any questions regarding these Terms of Service, please contact us at customerservice@top-cinema.com.