Eureka Entertainment Inc.

Last Revised: June 9, 2023

This Terms of Service was amended as of June 9, 2023 and is effective as of that date. The English language version of this terms of service is the controlling version regardless of any translation.

Description of Service

These Terms of Service are applicable to all users of our Online Media services and content distribution services and community providing Services to users through its website Services and related domains, sub domains, and mobile and desktop applications, streaming & TV (individually and collectively the “Services”).

These Terms govern your use of the Eureka Services, including but not limited to all functionalities, features, Streaming Services, audio, visual, games, software, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by Eureka Entertainment Inc. (hereinafter referred to indifferently as “Eureka” or the “Company” “We,” “Us,” “Our,” with or without capitalisation).

In addition to these Terms of Service, the Privacy Policy applies to your use of the Site and the Services (as defined below). The Privacy Policy is incorporated by reference into the Terms of Service and forms an integral part thereof. The Terms of Service and the Privacy Policy shall collectively be referred to as the “Agreement” which constitutes a binding legal agreement between you and us as well as governing the relationship between you and us.

The components used in this website including the design and layout is the property of the Company and may not be cloned and/or redistributed in any manner. Any use of the website even remotely similar to this website can and will be challenged by the owner of the website and where necessary, legal action will be taken. For any matters concerned with the use of elements of this website, prior permission should be consulted with and approved by the owner of the website.

Acceptance and Changes to Terms

YOU SHOULD CAREFULLY READ THESE TERMS.

By accessing, browsing, using, or creating an account or using the Services on the site, you are creating a binding contract between you and us, and you are acknowledging that you have read, understood, and agreed to be bound by these terms. If you disagree with any part of these Terms and Conditions then you may not access the Service.

The Company shall have the right, at its sole discretion, to modify, add, or remove any Terms or Conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. you agree to review these Terms of Service from time to time by accessing the section of the site labeled “Terms of Use,” and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes, even if you did not take the time to read the changes.

Access and Use of Service

In order to access and use certain features of the site, and in order to become a subscriber, you will need to register for an account. This will require you to create a unique user identifier, such as an email address (your “User ID”), and a password.

When you create an account, and each time you log in to the account tied to your User ID, you represent, warrant and agree that: (a) you are at least 18 years old, (b) you are using your actual identity, (c) you have provided only true, accurate, current and complete information during the account creation and login process, and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.

If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.

Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Services, you are solely responsible for compliance with the laws and regulations of your jurisdiction, and Company makes no claims or representations that its Services are lawful in any specific location.

Users registering for the Services and uploading User Generated Content must be at least eighteen (18) years of age.

Restrictions. Certain of our Services may be “blacked out” in your area (e.g., local broadcast channels, sporting events, and/or other content for which you do not have the rights to access); if you circumvent or attempt to circumvent any of these “blackouts,” then you may be subject to legal action brought by us or third parties. Certain of our Services may have additional restrictions and your access to such Services will be subject to those restrictions.

The Video & Gaming Content

The Content is available for permissible viewing and gaming usage on or through the Eureka Services websites.

You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms of Use. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content, Eureka Services or any digital rights management mechanism, device, or other content protection or access control measure associated with the Eureka Services or the Content, including geo-filtering mechanisms. You may not use technologies to access or use the Eureka Services or Content from territories where Eureka does not have rights or does not offer services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, make available, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Eureka Services or Content unless expressly permitted by Eureka in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or inline links unless expressly permitted by Eureka in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of any significant portion of the Content unless authorized by Eureka. You may not seek to develop, build, or otherwise promote a business, product, or service utilizing the Eureka Services or the Content, whether or not for profit. The Eureka Services and Content covered by these restrictions includes without limitation any text, graphics, layout, interface, technology, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Eureka Services or the Content, including without limitation montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Eureka in writing. The foregoing prohibitions apply even if you intend to give away the derivative materials free of charge.

Bundled Subscription Options

We may offer a subscription bundled with other subscription services, including subscriptions to third-party products and services. Third-party subscriptions, products, and services are governed by terms of use issued by those third parties.

The Video & Game Player

You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video & Game Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Player in any manner that enables users to view the Content without: (i) displaying visibly both the Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Player is located; and (ii) having full access to all functionality of the Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.

Internet Connection

You are responsible for any costs you incur to access the internet.

In order to access and use our Services, you must have a broadband, wireless, or similar internet connection, and you will need to obtain such internet connection (including sufficient levels and required equipment related thereto) from a third-party internet or similar wireless service provider at your sole cost and expense (“Internet Connectivity”). It is your responsibility to obtain and maintain the Internet Connectivity necessary to access and use our Services. Eureka is not responsible for your Internet Connectivity (or the amount of data consumed by you in connection with your use of any of our Services). The time it takes to access and use any of our Services (e.g., watching a movie or TV show) will vary based on a number of factors, including your location, your Internet Connectivity, the available bandwidth at the time of your request, the format of our Services you are attempting to access, the device(s) you use to access our Services, and other factors outside of our control.

Our Services, including, without limitation, Video Streaming, Gaming and other content, use adaptive bitrate streaming (“ABS”), which creates multiple versions of each program, recorded at different bitrates, to optimize playback of the applicable audiovisual content at any given time based upon the capabilities of the applicable playback device and available internet bandwidth.

Eureka makes no representations or warranties about the speed or quality of your watching experience on your or any device, and reserves the right change our Services (e.g., the format) based on the specifications of your Internet Connectivity (e.g., if your Internet Connection or device do not meet our required standards for accessing and viewing high-definition (“HD”) content, then any HD content accessed by you may be automatically re-formatted by us in an attempt to improve your experience). We suggest that you ensure that your Internet Connectivity, Permitted Device(s) (as defined below) and configuration are compatible with our Services and the format thereof. By accessing or using our Services, you agree to look solely to the entity that provides your Internet Connection for any issues related to such connection and/or its compatibility with, or sufficiency for accessing and using, any of our Services.

Devices

Not all devices are compatible, or permissible, for use with our Services. By accessing or using any of our Services, you agree to look solely to the third party that manufactured and/or sold you the device for any issues related to such device, the operating system thereon, and/or its or their compatibility with any of our Services.

Your Conduct

The Services may be used only for lawful purposes relating to streaming and downloading video content, software, and Game Playing and the usage of this platform for that purpose. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than those designated by the Company.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.

Further, you understand that the site strives to protect its security and integrity and those of its users. you therefore agree that you will not:

• access or attempt to access any other user's account;
• attempt to obtain or ascertain any other user's username, password and/or personal information by any means whatsoever;
• attempt to elude our security systems;
• use the site in any manner that may adversely affect the functionality of the site, the site's availability to other users, or the rights of other users of the site; or
• upload or submit any content containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.

Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations. We may suspend or terminate your access to the site at any time, including if we are investigating any suspected noncompliance with these terms.

User Information

You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorization to register for the Services. The Company reserves the right in its sole discretion to decide whether the information you input, or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.

If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up-to-date. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any e-mail.

You agree that any notice, agreement, disclosure or other communication that we send you by e-mail will satisfy any legal communication requirements, including that such communication be in writing.

Company reserves the right to offer Company or third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving Third-Party services and products.

Your privacy rights are set forth in our Privacy Policy.

Username/Password/Security

Your User ID and password are unique to you, and you agree not to disclose or share your User ID or password to or with any Third-Party. You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. you also agree that you will be solely responsible for any activities conducted on or through the site, including any orders placed, in connection with your User ID and password regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer.

If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your account and/or the Content & Services.

If you become aware of any loss, theft or unauthorized use of your User ID or password, you agree to immediately notify the Company by contacting us at info@totalcontent.net

Proprietary Rights

The Service includes a variety of content, marks, data, works, and material of Eureka and third parties (hereinafter together referred to as the “Content”), including but not limited to logos, trademarks, look & feel, trade names, software, games, layouts, information, text, data, music, video, images, scripts, designs, graphics, button icons, instructions, and illustrations.

In addition, the brand names and any other trademarks, service marks and/or trade names used on this Site (the “Trademarks”) are the trademarks, service marks and/or trade names of the Company, its affiliates or its licensors (as applicable) and these entities reserve all rights to such Trade Marks.

Unless otherwise specified in writing, all Content is owned, controlled, or licensed by Eureka or its licensors. All Content is copyrighted under copyright laws and/or other intellectual property laws protecting it from unauthorized use. The Trademarks, the logos and designs may not be used without Eureka's express written permission. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Eureka or any other third party.

As between you and Eureka, Eureka and/or Eureka's licensors exclusively own, control and retain all right, title and interest in and to the Eureka Services and the Content, including all associated intellectual property rights. You acknowledge that the Eureka Services, including without limitation the Content, are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Eureka Services, including without limitation the Content.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other proprietary rights in the Account. All right in and to the Account are and shall remain owned and inure to the benefit of Eureka.

We may make Content available for you to download or use. Such Content will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the Content, then the following license, in addition to the other terms of these Terms of Use, shall govern your use of such Content. We grant you a personal, nonexclusive, nontransferable, limited license to install the Content on any single computer or device. The Content is protected by copyright and other intellectual property laws and treaties and is owned by us or our licensors. You may not sell or redistribute the Content. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations regarding your use of the Content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph. We may automatically check your version of the Content and update it to improve its performance and capabilities. If you shut down the Content during an automatic update or otherwise interfere with the installation of the update, the content may be damaged and/or cease to operate.

The Service is continuously evolving and Eureka may require that you accept updates to the Content and the Service. Such an update may take place with and without notification.

Use of Services

Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.

The Company grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes the right to watch videos on the Company's website and applications, and if/where applicable stream and/or download any of the videos and content.

If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of their account information when applicable.

Access to Services - Subscriptions & Purchases

The Services may allow you to stream videos, play games and access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent, or pay per view, the Company grants you a non-exclusive, non-transferable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you, play the Games and download any Software provided by the Company.

Our games are provided for your personal entertainment use only. Therefore, you may not resell or otherwise use the games for commercial use.

"AS IS" and "AS AVAILABLE" Disclaimer

The Company makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Payments & Billing

We offer different subscription plans. For more information about our subscription options, please visit the relevant page on our website and our FAQs. We may not be able to provide Services to every location, so please check with us to see if we can deliver Services to your area before signing up.

The digital content and games available under specific payment plans, including download, pay per view, subscription, membership, or rent will change from time to time at the sole discretion of the Company. The Company makes no guarantee as to the availability of a specific payment plan.

Except when required by law, paid subscription fees are non-refundable. Certain refund requests for subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Subscriptions are automatic regular payments that continue for the Subscription Period until cancelled.

Subscription fees are charged automatically at or before the beginning of each Subscription Period. Our payment processor, Apple's App Store, Google's Google Play or Amazon platform may place a temporary "authorisation hold" or "pending charge" on your payment card before any payment is due (including during a free trial period).

A Subscription is automatically renewed at the end of each Subscription Period unless you cancel it at least 1 hour before the expiry of the current Subscription Period. If you do not cancel the Subscription at least 24 hours before the expiry of the current Subscription Period, the Subscription fees for the next Subscription Period will be taken during the 24 hours before the expiry of the current Subscription Period.

If a Subscription fee cannot be taken due to the absence of monetary funds, invalidity of credit card or for any other reasons, the Subscription will not automatically end. The Subscription will automatically restart as soon as valid payment details are provided. Cancellation of a Subscription can only be done at your manual request

WHEN YOU REGISTER FOR A SUBSCRIPTION PACKAGE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) ARE AUTHORIZED TO CHARGE YOU FOR YOUR SUBSCRIPTION. DEPENDING ON THE TYPE OF SUBSCRIPTION, YOU MAY BE CHARGED ON A MONTHLY OR ANNUAL BASIS FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES. YOUR SUBSCRIPTION WILL BE CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.

Your subscription will continue in effect unless and until you cancel your subscription or when the Company terminates the subscription. you must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.

IN ORDER TO CANCEL A SUBSCRIPTION, YOU MUST EMAIL US AT info@totalcontent.net. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

From time to time, if we are legally permitted to do so, we may offer free trials of certain subscriptions and/or specified products. If we offer you a free trial, the specific terms of your free trial will be provided in the materials describing the trial, or at registration.

ONCE A FREE TRIAL ENDS, WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELLING YOUR SUBSCRIPTION ARE PROVIDED IN OUR CANCELLATION POLICY, DESCRIBED ABOVE. YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL IS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN.

We may offer you the ability to purchase subscriptions for other people through the site as gifts. The specific gift offers may change from time to time, so you should check the site for the latest information.

We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. However, if we change the amounts associated with your subscription, the changes will not apply until your next periodic payment is due. For example, if you have purchased a Quarterly Subscription for which you were billed in full for the year at the beginning of the subscription, the pricing change will not apply to you until your subscription is renewed for the following year, regardless of the timing of our price increase. The viewing of any content or products after the effective date of any price change will confirm your acceptance of those changes, unless you cancel your subscription in accordance with our cancellation procedures (which are described above).

By providing a credit card or other acceptable payment method, you represent and warrant to us that you are authorized to use that payment method, and that you authorize us (or our Third-Party payment processor) to charge that payment method for the total amount of your subscription.

If at any time your payment method cannot be verified, is invalid, or otherwise is not accepted, your subscription may be suspended or cancelled until you are able to resolve the problem to our satisfaction.

If you ever want to change or update your payment information, you can do so by logging into your account and making the applicable edits.

We reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products, and to substitute products without prior notice. If you are not satisfied with any substitution, please contact us at info@totalcontent.net

Our videos & games are provided for your personal entertainment use only. Therefore, you may not resell or otherwise use the games for commercial use.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for a Free Trial, you will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Links to Third-Party Web Sites

We and others may provide links to web pages, web sites, and various resources or locations on the web (collectively, “Third-Party Sites”). Links to Third-Party Sites are provided only for the convenience of users of the site. We do not operate, control, endorse or guarantee any Third-Party Sites. When you access any Third-Party Site through a link posted on the site, please carefully read the terms and conditions of use, privacy policy and other policies of such Third-Party Site. Our policies do not apply to any Third-Party Site. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

References to any third-party products or services by trade name, trademark, manufacturer, supplier, vendor, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by or thereof, or any affiliation therewith, by us.

YOU AGREE THAT YOUR USE OF ANY THIRD-PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY SITES.

Intellectual Property

“Eureka” and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is prohibited.

We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the content and the site, which are protected by applicable intellectual and proprietary rights and laws.

The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) are the sole and exclusive property of the Company and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United Kingdom, the United States and other countries, as well as those of the European Union.

You agree that the Company owns and retains all rights to the Services and that all content is solely owned and controlled by the content provider. All such materials are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of United Kingdom, the United States and other countries, as well as those of the European Union.

You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any content without our prior express written consent.

Use of Software

If the Services require or include downloadable software such as an app, or use of software provided by the Company for third parties, the Company grants a personal, limited, non-exclusive, and non-transferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to activities through the Website.

You shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.

You shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.

This License does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.

You agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the Company. you agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any Third-Party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any Third-Party.

You acknowledge and agree that use of the Content may require the Company to acquire user's mobile phone number and perhaps additional such information in order to obtain access Content.

You agree that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. The Company may use this information, as long as it is in a form that does not personally identify a user.

The Company shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. your continued use of the Software constitutes acceptance of and agreement to such changes.

This License is effective until terminated the user or the Company at its sole discretion. your rights under this license will terminate automatically without notice if you fail to comply with any terms of this License. Upon termination, you shall cease all use of the Software and delete all versions of the Software possessed by you.

The warranty and limitation of liability provisions set forth below apply also to the use of the Software.

Copyright Infringement Notification

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that site content infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the site, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the site the material that you claim is infringing is located; Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law. These requirements must be followed to give us legally sufficient notice of infringement.

We suggest that you consult your legal advisor before filing a DMCA notice. The United States Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury. There can be penalties for false claims under the DMCA.

The Company has designated support to receive notices of claims of copyright infringement. you can contact info@totalcontent.net

Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

WE ATTEMPT TO DISPLAY THE VIDEOS, GAMES, CONTENT AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.

THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.

THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.

THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY'S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.

THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD-PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY'S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.

Limitation of Liability

IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE, INCLUDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE OR ANY SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR BY OUR AUTHORIZED REPRESENTATIVE, OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES IN WHICH CASE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES IN THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.

Additional Terms and Conditions

Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between you and the Company.

These Terms of Service shall be governed by and construed in accordance with the laws of England & Wales applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). you irrevocably consent to the exclusive jurisdiction of the courts located in the England & Wales in connection with any action arising out of or related to these Term of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.

YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.

If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party's right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.

You may not assign these Terms of Service or any of your rights or obligations hereunder.

Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual user and it does not create any rights for any other parties.

Injunctive Relief

In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If you are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service

CONTACT

If you have any questions about these Terms and Conditions, you can contact us by email: info@totalcontent.net