Our Conditions
1. Platform
The Website and the Platform including all features and functionalities, instant streaming, our website and individual interfaces, and all materials and software associated therewith (the "service" or "service") are offered under the conditions and conditions stated in this document, called Conditions of Utilize ("Terms") together with the other agreements and documents referenced herein, including any future amendments to any of the foregoing (collectively, the "Agreement"). By using the Website and/or the Platform either as a Member Individual a recipient of an e-mail from a registered individual or the individual of ("you" or "your"), you agree to the Contract You agree the Contract is a binding contract between you and Calypso Trail Ltd with its registered office in Office B, Second Floor Rear Right Office, 18 North Street UK (Calypso Trail Ltd, "we"), the company that owns and operates the website (the "Site"). If you do not wish to be bound to these Conditions you should immediately stop using the Website and the Platform
2. The Contract
No contract or contract is formed and you have no rights to the Platform unless and until Calypso Trail Ltd has agreed to provide you the Platform Calypso Trail Ltd can amend or modify the Contract at any time, without prior notice. The changes become effective immediately upon posting such amended or modified conditions on the Website or if Calypso Trail Ltd otherwise notifies you of such amended or modified conditions If you continue using the Website and/or the Platform after Calypso Trail Ltd so posts or provides such notice of such amendments or modifications, you have accepted the Contract as amended or modified. If you do not accept and abide by such amended or modified Contract you should not utilize the Website or the Platform We can refuse any application to utilize the Services for any reason whatsoever.
3. License & Materials
License
Calypso Trail Ltd is pleased to grant you a non-exclusive limited license to utilize the Calypso Trail Ltd Services, including accessing and viewing the Materials on a downing-only basis through the website for personal, non-commercial purposes as set forth in these Conditions We reserve the right in our sole and absolute discretion to make changes and without notice in how we operate our platform Any description of how our platform works should not be considered a representation or obligation with respect to how the platform shall always be working in the future. We are constantly making adjustments to our platform and often these adjustments are not completely captured within these Conditions of Utilize
The Materials
You can only gain access to and view the Materials personally and for a non-commercial purpose in compliance with these Conditions You can not either directly or through the utilize of any device, software, internet website web-based platform or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Materials or any digital rights management mechanism, device, or other materials protection or gain access to control measure associated with the Materials including geo-filtering mechanisms. You can not either directly or through the utilize of any device, software, internet website web-based platform or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit the Materials unless expressly permitted by Calypso Trail Ltd in writing. You can not incorporate the Materials into, or stream or retransmit the Materials via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Calypso Trail Ltd in writing. Furthermore, you can not create, recreate, distribute or advertise an index of any significant portion of the Materials unless authorized by Calypso Trail Ltd. You can not build a business utilizing the Materials whether or not for profit. The Materials covered by these restrictions includes without limitation any text, graphics, layout, interface, 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 Materials including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Calypso Trail Ltd in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
Availability
The availability of the Materials shall change from time to time, and from country to country. The quality of the display of the materials can vary from computer to computer, and can be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Calypso Trail Ltd makes no representations or warranties about the quality of your instant watching experience on your display.
Geographic Limitation
You can instantly watch the Materials through the platform only in geographic locations where we offer our platform and have licensed such movie or TV show. The materials that can be available to watch shall vary by geographic location. Calypso Trail Ltd shall utilize technologies to verify your geographic location.
Credentials
You shall receive your unique login credentials via email, which shall arrive within 5 minutes of your successful activation.
4. Assistance Platform
To utilize the Services, any device that you want to utilize it on shall meet the minimum requirements of the Website i.e.: connection to the internet, web browser, Java Script, shockwave, flash. During the term and for Member Users, the Platform includes (a) a reasonable amount of assistance in the utilize of the Platform and reasonable diagnosing and attempting to resolve problems with the utilize or delivery of the Platform and (b) updates and revisions to the Website and Services that Calypso Trail Ltd elects to provide to Member Users generally (collectively, the "Support Services"). Assistance Services are only provided during Calypso Trail Ltd regular business hours and exclude weekends and Calypso Trail Ltd holidays. Calypso Trail Ltd can condition the timing and delivery of Assistance Services in whatever method or manner it chooses, which can include communication via email. In order to take advantage of the Assistance Services, you can be required to purchase additional or different equipment or services from third parties. Calypso Trail Ltd has no obligation to provide any other assistance, assistance maintenance, or other services or to perform any assistance by any other method, such as at your location. If Calypso Trail Ltd, in its sole discretion, agrees to provide any additional services, such additional platform shall be governed by these Conditions and Conditions.
5. Charges and Payment
The applicable charges shall be communicated to you through the Services and the Sites. This is a monthly membership to the Platform
Your monthly membership starts the moment you subscribe to the platform after a 3-day trial of £1.00. If you do not unsubscribe, the Platform shall automatically renew on a monthly (30 days) basis and you as the individual give permission for a monthly charge / fee of £39.99 via your credit card to occur.
The applicable charges for the recurring monthly membership are displayed in your member area and welcome email.
In the event of an unsuccessful recurring payment, Calypso Trail Ltd reserves the right to apply a discounted membership rate, allowing you continued gain access to to the Platform If this discounted rate cannot be processed successfully, a £3.00 administrative fee can be applied to maintain your membership until the full or discounted membership fee is successfully processed.
Calypso Trail Ltd, within the limits allowed by law, is not liable for any inconveniences or damages caused by usage of the particular Payment Method, especially delays or impossibility to make payment. In such case you should complain about those services to their provider, in the manner provided by their conditions and conditions. If the Payment was not accepted because of any reasons attributable to Calypso Trail Ltd, please contact us via e-mail address: [email protected]
Internet Gain access to Charges
You are liable for any costs you incur to gain access to the internet.
6. Cancellation
Term
Individual has the right to terminate the membership at any time starting from the time the registration was made. If the individual chooses to terminate the membership after the regular billing have started, the membership shall be cancelled immediately and the account shall run out at the end of the period that have been paid for.
To terminate your account, you can go to your account settings and choose terminate account. You can also call us at +44 808 160 7287 or email us at: [email protected].
Platform Termination
Except as stated below, you agree that Calypso Trail Ltd can modify, suspend, discontinue, or otherwise terminate the Platform or the Contract on a temporary or permanent basis, at any time, in whole or in part, for any reason or no reason, with or without notice, and without liability to you. For example and without limitation, Calypso Trail Ltd can terminate or suspend your gain access to to the Platform for lack of utilize for failure to pay account charges within the period of time designated by Calypso Trail Ltd; for registering more than one free account; for using multiple free accounts; for maintenance of the Website or performance of Assistance Services; for failure to follow the rules posted on the Website or in these Conditions for actions outside these Conditions or for any other reason determined by Calypso Trail Ltd. Unless you have violated the conditions and conditions of the Contract if you are a Paid Individual a material modification that negatively impacts the Platform or a suspension, discontinuance, or other termination of the Platform or the Contract shall occur at the end of the current term of the Platform Notwithstanding the foregoing, Calypso Trail Ltd can make a material modification that negatively impacts the Platform or suspend, discontinue, or otherwise terminate the Platform or the Contract at any time by refunding you the prorated portion of the charges you have paid for the current term of the Platform through the end of that term. Continuation of the Platform by a Paid Individual after any such material modification or suspension constitutes the Paid User's contract to waive any claim for any refund of charges
Other Remedies
In addition or as an alternative to termination, cancellation, or discontinuance of the Website and/or the Platform Calypso Trail Ltd can take whatever action it deems necessary or convenient, in its sole discretion, in the event of your breach of Contract Such actions can include, without limitation, suspending your gain access to to the Website and/or the Platform blocking your IP address, or any other technical or legal means at Calypso Trail Ltd disposal.
Effect of Termination
Upon expiration, termination, cancellation, or discontinuance of the Website and/or the Platform your right to utilize the Website and/or Platform shall cease in the time stated above, and you shall have no right to gain access to your account or any files or other materials contained in your account, although residual copies can be retained in Calypso Trail Ltd system. Calypso Trail Ltd can retain any such files or other materials at its discretion. Any suspension, termination or cancellation shall not affect your obligations to Calypso Trail Ltd under these Conditions of Utilize (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
7. Refunds
We shall process any refund due to you (less any deductions due to us) without undue delay and not later than the earliest of 7 days from the date you notify us of your decision to terminate Refunds shall be credited to your card within a maximum of 14 days from this date. We shall make the refund using the same means of payment that you used when you placed your order, unless you have agreed otherwise. These cancellation rights do not affect your legal rights.
8. Your Responsibilities
You agree to utilize the Services for lawful, non-commercial, and appropriate purposes only. You agree to observe the Services, Materials and embedding restrictions detailed above, and further agree that you shall not gain access to the Website or utilize the Services in a way that:
violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights
uses technology or other means to gain access to index, frame or link to the Services (including the Materials that is not authorized by Calypso Trail Ltd (including by removing, disabling, bypassing, or circumventing any materials protection or gain access to control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, gain access to to, or distribution of the Services)
involves accessing the Services (including the Materials through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized materials
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
damages, disables, overburdens, impairs, or gains unauthorized gain access to to the Services, including servers, computer network, or individual accounts
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Materials
uses the Services to advertise or promote services that are not expressly approved in advance in writing by Calypso Trail Ltd
collects personally identifiable information in violation of Calypso Trail Ltd Privacy Policy
encourages conduct that would constitute a criminal offence or give rise to civil liability
violates these Conditions or any guidelines or policies posted by Calypso Trail Ltd
interferes with any other party's utilize and enjoyment of the Services
attempts to do any of the foregoing
Accordingly, you undertake that:
you shall stream and watch Materials for personal, private utilize only (and not for any direct or indirect commercial purpose)
you shall not, and shall not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Materials
you shall not, and shall not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of any Materials or part of the means by which we stream the Materials to you
9. Suspension/Discontinuation
We hope not to, but we can change, suspend, or discontinue - temporarily or permanently - some or all of the Services (including the Materials and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Calypso Trail Ltd can do so in Calypso Trail Ltd sole discretion. You also agree that Calypso Trail Ltd shall not be liable to you for any modification, suspension, or discontinuance of the Services, although Calypso Trail Ltd can in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we can credit additional days of platform to your account). However, if Calypso Trail Ltd terminates your account or suspends or discontinues your gain access to to Services due to your violation of these Conditions then you shall not be eligible for any such credit, refund, discount or other consideration.
10. Copyright
All Materials is owned by Calypso Trail Ltd (or our affiliates and/or third-party licensors (as applicable)), unless indicated otherwise. The materials can not be used except as provided for in these Conditions and any other relevant conditions and conditions provided to you without our prior written permission.
You acknowledge and agree that certain Materials provided to you is the property of third-party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Conditions against you.
11. Trademarks
The logo and all other product or platform marks are trademarks of Calypso Trail Ltd. All other trademarks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to utilize alter or remove such material.
12. Force Majeure
Calypso Trail Ltd shall not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which can include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Calypso Trail Ltd infrastructure or connectivity to the internet or failure at an Calypso Trail Ltd co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Calypso Trail Ltd shall be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that Calypso Trail Ltd can reasonably require to recover from the effects of such Force Majeure Event.
13. Disclaimer of Warranties
You expressly understand and agree that your utilize of the website and/or the platform is at your sole risk. Calypso Trail Ltd and its suppliers provide the platform "as is" and without any warranty or condition of any kind, express, implied, statutory, or otherwise, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. Calypso Trail Ltd makes no warranty that the website or the platform shall meet your requirements or be uninterrupted, timely, properly stored or delivered, accurate, secure, error-free, or free of viruses or other harmful components, and the quality of any products, services, information or other material purchased or obtained by you through the platform shall meet your expectations. Any material transmitted or otherwise obtained through the utilize of the platform is done at your own discretion and risk and you shall be solely liable for any damage to your computer system or loss of data that results from the transmission of any such material.
14. Governing Law and Jurisdiction
These Website Conditions shall be governed by and construed in accordance with United Kingdom law You can bring legal proceedings in respect of Website Conditions in the United Kingdom courts.
As a consumer, you shall benefit from any mandatory provisions of the law Nothing in these Website Conditions including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law