Terms & Conditions

1. Digital Solution

The Interface and the Digital solution including all features and functionalities, instant streaming, our website and participant interfaces, and all offerings and software associated therewith (the "service" or "service") are offered under the clauses and conditions stated in this document, called Clauses 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 Interface and/or the Digital solution either as a Member Participant, a recipient of an e-mail from a registered participant or the participant of ("you" or "your"), you agree to the Accord. You agree the Accord is a binding contract between you and Tempra Vanillo Ltd with its registered office in Suite 31a, Philpot House, Station Road, Rayleigh, Essex SS6 7HH, UK (Tempra Vanillo Ltd, "we"), the company that owns and operates the website. If you do not wish to be bound to these Clauses you should immediately stop using the Interface and the Digital solution.

2. The Accord

No contract or accord is formed and you have no authorizations to the Digital solution unless and until Tempra Vanillo Ltd has agreed to provide you the Digital solution. Tempra Vanillo Ltd could amend or modify the Accord at any time, without prior notice.

The changes become effective immediately upon posting such amended or modified clauses on the Interface or if Tempra Vanillo Ltd otherwise notifies you of such amended or modified clauses. If you continue using the Interface and/or the Digital solution after Tempra Vanillo Ltd so posts or provides such notice of such amendments or modifications, you have accepted the Accord as amended or modified. If you do not accept and abide by such amended or modified Accord you should not utilize the Interface or the Digital solution. We could refuse any application to utilize the Services for any reason whatsoever.

3. License & Offerings

License

Tempra Vanillo Ltd is pleased to grant you a non-exclusive limited license to utilize the Tempra Vanillo Ltd Services, including accessing and viewing the Offerings on a download-only basis through the interface for personal, non-commercial purposes as set forth in these Clauses. We reserve the right in our sole and absolute discretion to make changes and without notice in how we operate our digital solution. Any description of how our digital solution works should not be considered a representation or obligation with respect to how the digital solution is intended to always be working in the future. We are constantly making adjustments to our digital solution and often these adjustments are not completely captured within these Clauses of Utilize.

The Offerings

You could only log into and view the Offerings personally and for a non-commercial purpose in compliance with these Clauses. You could not either directly or through the utilize of any device, software, internet interface, web-based digital solution or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Offerings or any digital authorizations management mechanism, device, or other offerings protection or log into control measure associated with the Offerings including geo-filtering mechanisms.

You could not either directly or through the utilize of any device, software, internet interface, web-based digital solution or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit the Offerings unless expressly permitted by Tempra Vanillo Ltd in writing. You could not incorporate the Offerings into, or stream or retransmit the Offerings via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Tempra Vanillo Ltd in writing. Furthermore, you could not create, recreate, distribute or advertise an index of any significant portion of the Offerings unless authorized by Tempra Vanillo Ltd. You could not build a business utilizing the Offerings whether or not for profit.

The Offerings 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 Offerings including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Tempra Vanillo Ltd in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

Availability

The availability of the Offerings is intended to change from time to time, and from country to country. The quality of the display of the offerings could vary from computer to computer, and could be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Tempra Vanillo Ltd makes no representations or warranties about the quality of your instant watching experience on your display.

Geographic Limitation

You could instantly watch the Offerings through the digital solution only in geographic locations where we offer our digital solution and have licensed such movies or TV shows. The offerings that could be available to watch are intended to vary by geographic location. Tempra Vanillo Ltd is intended to utilize technologies to verify your geographic location.

Credentials

You are intended to receive your unique login credentials via email, which is intended to arrive within 5 minutes of your successful activation.

4. Assistance Services Digital Solution

To utilize the Services, any device that you want to utilize it on shall meet the minimum requirements of the Interface i.e.: connection to the internet, web browser, Java Script, shockwave, flash. During the term and for Member Users, the Digital solution includes (a) a reasonable amount of assistance in the utilize of the Digital solution and reasonable diagnosing and attempting to resolve problems with the utilize or delivery of the Digital solution and (b) updates and revisions to the Interface and Services that Tempra Vanillo Ltd elects to provide to Member Users generally (collectively, the "Support Services").

Assistance Services are only provided during Tempra Vanillo Ltd regular business hours and exclude weekends and Tempra Vanillo Ltd holidays. Tempra Vanillo Ltd could condition the timing and delivery of Assistance services in whatever method or manner it chooses, which could include communication via email. In order to take advantage of the Assistance services, you could be required to purchase additional or different equipment or services from third parties. Tempra Vanillo Ltd has no obligation to provide any other assistance, assistance services maintenance, or other services or to perform any assistance by any other method, such as at your location. If Tempra Vanillo Ltd, in its sole discretion, agrees to provide any additional services, such additional digital solution shall be governed by these Clauses and Conditions.

5. Expenses and Payment

The applicable expenses are intended to be communicated to you through the Services and the Sites. This is a monthly access arrangement to the Digital solution.

The applicable expenses for the recurring monthly access arrangement are displayed in your member area and welcome email.

In the event of an unsuccessful recurring payment, Tempra Vanillo Ltd reserves the right to apply a discounted membership rate, allowing you continued access to the Service. If this discounted rate cannot be processed successfully, an administrative fee of up to £3.00 may be applied to maintain your subscription until the full or discounted subscription fee is successfully processed.

Tempra Vanillo Ltd, within the limits allowed by legal framework, is not answerable for any inconveniences or damages caused by usage of the particular Payment Method, especially delays or impossibility to make payment. In such cases you should complain about those services to their provider, in the manner provided by their clauses and conditions. If the Payment was not accepted because of any reasons attributable to Tempra Vanillo Ltd, please contact us via e-mail: [email protected]

Internet Access Charges

You are answerable for any costs you incur to log into the internet.

6. Cancellation

Term

Participants have the right to deactivate the access arrangement at any time starting from the time the registration was made. If the participant chooses to deactivate the access arrangement after the regular billing has started, the access arrangement is intended to be cancelled immediately and the registration is intended to run out at the end of the period that has been paid for.

To deactivate your registration you could go to your registration settings and choose deactivate registration. You could also call us at +44 1268 437503 or email us at: [email protected]

Digital Solution Termination

Except as stated below, you agree that Tempra Vanillo Ltd could modify, suspend, discontinue, or otherwise terminate the Digital solution or the Accord 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, Tempra Vanillo Ltd could terminate or suspend your log into to the Digital solution for lack of utilize, for failure to pay registration expenses within the period of time designated by Tempra Vanillo Ltd; for registering more than one free registration; for using multiple free accounts; for maintenance of the Interface or performance of Assistance services; for failure to follow the rules posted on the Interface or in these Clauses; for actions outside these Clauses; or for any other reason determined by Tempra Vanillo Ltd.

Unless you have violated the clauses and conditions of the Accord, if you are a Paid Participant, a material modification that negatively impacts the Digital solution or a suspension, discontinuance, or other termination of the Digital solution or the Accord is intended to occur at the end of the current term of the Digital solution. Notwithstanding the foregoing, Tempra Vanillo Ltd could make a material modification that negatively impacts the Digital solution or suspend, discontinue, or otherwise terminate the Digital solution or the Accord at any time by refunding you the prorated portion of the expenses you have paid for the current term of the Digital solution through the end of that term. Continuation of the Digital solution by a Paid Participant after any such material modification or suspension constitutes the Paid User's accord to waive any claim for any refund of expenses.

Other Remedies

In addition or as an alternative to termination, cancellation, or discontinuance of the Interface and/or the Digital solution, Tempra Vanillo Ltd could take whatever action it deems necessary or convenient, in its sole discretion, in the event of your breach of Accord. Such actions could include, without limitation, suspending your log into to the Interface and/or the Digital solution, blocking your IP address, or any other technical or legal means at Tempra Vanillo Ltd's disposal.

Effect of Termination

Upon expiration, termination, cancellation, or discontinuance of the Interface and/or the Digital solution, your right to utilize the Interface and/or Digital solution is intended to cease in the time stated above, and you are intended to have no right to log into your registration or any files or other offerings contained in your registration, although residual copies could be retained in Tempra Vanillo Ltd's system. Tempra Vanillo Ltd could retain any such files or other offerings at its discretion. Any suspension, termination or cancellation is intended to not affect your obligations to Tempra Vanillo Ltd under these Clauses of Utilize (including, without limitation, proprietary authorizations 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 are intended to 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 deactivate. Refunds are intended to be credited to your card within a maximum of 14 days from this date. We intend to make the refund using the same means of payment that you used when you placed your order, unless you have agreed otherwise. These cancellation authorizations do not affect your legal authorizations.

8. Your Responsibilities

You agree to utilize the Services for lawful, non-commercial, and appropriate purposes only. You agree to observe the Services, Offerings and embedding restrictions detailed above, and further agree that you are intended to not log into the Interface or utilize the Services in a way that:

Violates the authorizations of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary authorizations
Uses technology or other means to log into, index, frame or link to the Services (including the Offerings) that is not authorized by Tempra Vanillo Ltd
Involves accessing the Services through any automated means, including "robots," "spiders," or "offline readers"
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 log into to the Services, including servers, computer network, or participant accounts
Removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services
Uses the Services to advertise or promote services that are not expressly approved in advance in writing by Tempra Vanillo Ltd
Collects personally identifiable information in violation of Tempra Vanillo Ltd Privacy Policy
Encourages conduct that would constitute a criminal offence or give rise to civil liability
Violates these Clauses or any guidelines or policies posted by Tempra Vanillo 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 are intended to stream and watch Offerings for personal, private utilize only (and not for any direct or indirect commercial purpose)
You are intended to not, and are intended to not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Offerings
You are intended to not, and are intended to 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 authorizations management technology or software that is part of any Offerings or part of the means by which we stream the Offerings to you

9. Suspension/Discontinuation

We hope not to, but we could change, suspend, or discontinue — temporarily or permanently — some or all of the Services (including the Offerings and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Tempra Vanillo Ltd could do so in Tempra Vanillo Ltd's sole discretion. You also agree that Tempra Vanillo Ltd is intended to not be liable to you for any modification, suspension, or discontinuance of the Services, although Tempra Vanillo Ltd could in its sole discretion provide you with a credit, refund, discount or other form of consideration. However, if Tempra Vanillo Ltd terminates your registration or suspends or discontinues your log into to Services due to your violation of these Clauses then you are intended to not be eligible for any such credit, refund, discount or other consideration.

10. Copyright

All Offerings are owned by Tempra Vanillo Ltd (and/or third-party licensors (as applicable)), unless indicated otherwise. The materials could not be used except as provided for in these Clauses and any other relevant clauses and conditions provided to you without our prior written permission.

You acknowledge and agree that certain Offerings provided to you are the property of third-party licensors and without prejudice to any and all other authorizations and remedies available, each such licensor has the right to directly enforce relevant provisions within these Clauses against you.

11. Trademarks

The logo and all other product or digital solution marks are trademarks of Tempra Vanillo 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

Tempra Vanillo Ltd is intended to not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on registration of events beyond its reasonable control, which could 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 Tempra Vanillo Ltd's infrastructure or connectivity to the internet or failure at a Tempra Vanillo Ltd co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Tempra Vanillo Ltd is intended to 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 Tempra Vanillo Ltd could reasonably require to recover from the effects of such Force Majeure Event.

13. Disclaimer of Warranties

You expressly understand and agree that your utilisation of the interface and/or the digital solution is at your sole risk. Tempra Vanillo Ltd and its suppliers provide the digital solution "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. Tempra Vanillo Ltd makes no warranty that the interface or the digital solution is intended to 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 digital solution is intended to meet your expectations. Any material transmitted or otherwise obtained through the utilisation of the digital solution is done at your own discretion and risk and you are intended to be solely answerable for any damage to your computer system or loss of data that results from the transmission of any such material.

14. Governing Legal Framework and Jurisdiction

These Website Clauses shall be governed by and construed in accordance with the United Kingdom legal framework. You can bring legal proceedings in respect of Website Clauses in the United Kingdom courts.

As a consumer, you are intended to benefit from any mandatory provisions of the legal framework. Nothing in these Website Clauses, including the paragraph above, affects your authorizations as a consumer to rely on such mandatory provisions of local legal framework.

15. Legal Jurisdiction and Dispute Resolution

Any disputes will first be handled informally. If we can't resolve the issue, it will be handled through binding arbitration under the laws of the United Kingdom.