Terms & Privacy Policy

CATHAYPLAY TERMS & PRIVACY POLICY  

 

Welcome to CATHAYPLAY, the ultimate destination for discovering and watching independent Chinese films! We provide our customers with access to motion pictures, short films streamed over the Internet to computers, iOS, and Android mobile devices as well as Internet-connected TVs, game consoles and set-top boxes(a “Device”). These Terms & Privacy Policy are subject to change without prior written notice at any time, in Company’s sole discretion, and such changes shall apply to any purchases made after such changes are posted. Therefore, you should review these Terms & Conditions prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms & Privacy Policy, do not make any purchases.  

PLEASE READ THESE TERMS & PRIVACY POLICY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.  

TERMS  

 
1 Registered Customers, Pay-Per-View, Voucher, Subscription, Billing, and Cancellation  
 
 
Becoming a Registered Customer  

You may register as a Cathayplay registered customer of the Website free of charge (a "Customer"). To become a Customer, submit your email address to CATHAYPLAY and create a password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  

 
Pay-Per-View  

Pay-Per-View (a “PPV”) is a type of CATHAYPLAY service by which a Customer can purchase a film or a bundle of films to watch via Device.   

In PPV you can watch the film according to the following conditions: 1) Access Period (For how long the content can be accessed by the Customer after purchasing it. Once the access period is over, the user will not be able to watch the content): 14 days; 2) Watch Period (For how long the user can view the content.): 7 days.  

This means a Customer will be able to watch the film in 14 days for 7 days after purchasing it.   

 
Voucher  

Voucher (a “Voucher”) is a type of CATHAYPLAY service by which a Customer can redeem a Voucher that is issued by CATHAYPLAY to watch a film or a bundle of films.  

With Voucher you can watch the film according to the same conditions as PPV.

 
Subscription  

You may purchase CATHAYPLAY Subscription service (a “Subscription”) to watch the films. During the Subscription Period, you can watch the entire films in CATHAYPLAY site.  

Your CATHAYPLAY monthly or yearly subscription will continue month to month or year to year unless and until you cancel your subscription. You must have Internet access and provide us with a current, valid, accepted method of payment (a “Payment method”) to use the CATHAYPLAY Subscription service. We will bill the subscription fee to your Payment Method. You must cancel your subscription before it renews in order to avoid billing of the next period's subscription fees to your Payment Method.  

  

Billing  

  

 Recurring Billing.  

 By starting your CATHAYPLAY subscription, you authorize us to charge you a monthly or an annual subscription fee at the then-current rate to your Payment Method.  

Price Changes.  

 We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following email notice to you.  

Billing Cycle.  

 The subscription fee for our service will be billed at the beginning of the paying portion of your subscription unless and until you cancel your subscription. We automatically bill your Payment method monthly or yearly. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below if your Payment Method has not successfully settled. Your renewal date may change due to changes in your Subscription.  

No Refunds.  

 PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, you will not be able to access any content from our website. However, you can browse our website.   

Payment methods  

 You may edit your Payment Method information by visiting our website and clicking on "Subscription" under settings. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.  For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.  

 
Cancellation  

You may cancel your CATHAYPLAY subscription at any time, and you will not be able to access any content from our website. However, you can browse our website.  WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. To cancel, go to the "MY PLANS" under your account.  

  

2 Passwords & Account Access  

  

  1. A User has access and control over the CATHAYPLAY account. A User’s control is exercised through use of the User's password and therefore to maintain exclusive control, the User should not reveal the password to anyone. In addition, if the User wishes to prohibit others from contacting CATHAYPLAY Customer Service and potentially altering the User’s control, the User should not reveal the Payment method details (e.g., last four digits of their credit or debit card) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.  
  1. BY SHARING THE CATHAYPLAY SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE USER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD SUBSCRIBERS COMPLY WITH THE TERMS & CONDITIONS AND SUCH USER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD SUBSCRIBERS.  
  1. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the CATHAYPLAY website and not through a hyperlink in an email or any other electronic communication, even if it looks official. CATHAYPLAY reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. CATHAYPLAY is not obligated to credit or discount a subscription for holds placed on the account by either a representative of CATHAYPLAY or by the automated processes of CATHAYPLAY.  

3 Governing Law  

  

These Terms of Use shall be governed by and construed in accordance with the laws of the country in which the entity that is providing the CATHAYPLAY service to you (as defined above) has its registered offices. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your local jurisdiction.  

4 Applications  

  

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the CATHAYPLAY service. These Applications may import data related to your CATHAYPLAY account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and CATHAYPLAY is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY CATHAYPLAY AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.  

5 Use of Information Submitted  

  

CATHAYPLAY is free to use any comments, information, ideas, concepts, reviews, techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the CATHAYPLAY service, including the CATHAYPLAY website and user interfaces, without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the CATHAYPLAY service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note CATHAYPLAY does not accept unsolicited materials or ideas for films and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to CATHAYPLAY. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against CATHAYPLAY and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.  

6 Customer Support   

If you need the assistance of any kind, click on the "Help Center” in the footer. There you will find the answers to many frequently asked questions, or you can contact us through the “Contact Us” link as well.  

7 Copyright   

CATHAYPLAY respects the intellectual property rights of others and expects its users to do the same. CATHAYPLAY enforces third party’s intellectual property rights and can, in appropriate circumstances, suspend or terminate the accounts of members or Users who are repeat infringers. CATHAYPLAY will respond expeditiously to claims of copyright infringement committed using the CATHAYPLAY platform and/or website if such claims are reported to CATHAYPLAY’s Designated Copyright Agent identified in the sample notice below.  

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the CATHAYPLAY website by completing the following Notice of Alleged Infringement (“Notice”) and delivering it to CATHAYPLAY’s Designated Copyright team. Upon receipt of the Notice as described below, CATHAYPLAY will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the CATHAYPLAY website.  

To file a Notice of Alleged Infringement, please:  

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of copyrighted works that you claim have been infringed.  
  1. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the CATHAYPLAY website or the exact location where such material may be found.  
  1. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.  
  1. Include both of the following statements in the body of the Notice:  
  1. “I hereby state that I have good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”  
  1. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”.  
  1. Provide your full legal name and your electronic or physical signature.  

Finally, deliver this Notice, along with all items completed to CATHAYPLAY’s Designated Copyright team: copyright@cathayplay   
  
 

8 General Terms & Conditions  

  

Privacy  

 We collect personal information about you through and in connection with your use of the website and your use and/or purchase of CATHAYPLAY's Products and Services. All information that we collect about you is subject to our Privacy Policy,   

  

Indemnity by you  

 You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.  

Disclaimer of Warranties  

COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY FILMS MADE AVAILABLE ON THIS SITE. FILMS AND MOVIE GIFTS ARE PROVIDED OR SOLD “AS IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.  

Limitations on Liability  

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  

  

PRIVACY POLICY  

The CATHAYPLAY Privacy Policy is designed to help you understand how we collect and use the personal information you decide to share, and help you make informed decisions when using CATHAYPLAY  

By using or accessing CATHAYPLAY, you are accepting the practices described in this Privacy Policy.  

If you have questions or concerns regarding this statement, you should contact our privacy team: privacy@cathayplay.com 

The Information We Collect  

When you visit CATHAYPLAY you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Website use information collected by us as you interact with our Website.  

When you register with CATHAYPLAY, you provide us with certain personal information, such as your name, your email address any other personal or preference information that you provide to us.  

When you enter CATHAYPLAY, we collect your browser type and IP address. This information is gathered for all CATHAYPLAY visitors. In addition, we store certain information from your browser using “cookies.” A cookie is a piece of data stored on the user’s computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to log in when you come back to CATHAYPLAY. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.  

When you use CATHAYPLAY, you may set up your personal profile, form relationships, send messages, perform searches and queries, form groups, set up events, add applications, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.  

You post your own private or personal information on the Website at your own risk. Although we allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that the information you post on the Website will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of user information may remain viewable in cached and archived pages or if other Users have copied or stored your information.  

If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend’s email address. We will automatically send your friend a one-time email or instant message inviting him or her to visit the site. CATHAYPLAY stores this information to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at privacy@cathayplay to request that we remove this information from our database.  

CATHAYPLAY may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other users of the CATHAYPLAY service through the operation of the service (e.g., photo tags) in order to provide you with more useful information and more personalized experience.  

By using CATHAYPLAY, you are consenting to have your personal data transferred to Singapore and/or the United States of America and processed.  

Use of Information Obtained by CATHAYPLAY  

When you register with CATHAYPLAY, you create your own profile. Your profile information, as well as your name, email, and photo. We may occasionally use your name and email address to send you notifications regarding new services offered by CATHAYPLAY that we think you may find valuable.  

CATHAYPLAY may send you service-related announcements from time to time through the general operation of the service.   

Generally, you may opt-out of such emails here, though MUBI reserves the right to send you notices about your account even if you opt-out of all voluntary email notifications.  

CATHAYPLAY may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people in a network like a band or a movie and personalizing advertisements and promotions so that we can provide you with CATHAYPLAY. We believe this benefits you. You can know more about the world around you and, where there are advertisements, they’re more likely to be interesting to you. For example, if you put a favorite movie in your profile, we might serve you an advertisement highlighting a screening of a similar one in your town. But we don’t tell the movie company who you are.  

We may use information about you that we collect from other sources, including but not limited to Social Network Platforms where we have a presence, newspapers and Internet sources such as blogs, instant messaging services, Social Network Platform developers and other users of CATHAYPLAY, to supplement your profile.   

Links  

CATHAYPLAY may contain links to other websites or be accessed through other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by CATHAYPLAY.  

Third-Party Advertising  

Advertisements that appear on CATHAYPLAY are sometimes delivered (or “served”) directly to users by third-party advertisers. They automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and “web beacons” (also known as “1×1 gifs”) to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. MUBI does not have access to or control of the cookies that may be placed by the third party advertisers. Third-party advertisers have no access to your contact information stored on CATHAYPLAY unless you choose to share it with them.  

This privacy policy covers the use of cookies by CATHAYPLAY and does not cover the use of cookies or other tracking technologies by any of its advertisers.  

Changing or Removing Information  

Access and control over most personal information on CATHAYPLAY are readily available through the profile editing tools. CATHAYPLAY users may modify or delete any of their profile information at any time by logging into their account. Information will be updated immediately. Individuals who wish to deactivate their MUBI account may do so on their account page. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to members of CATHAYPLAY.  

Where you make use of the communication features of the service to share information with other individuals on CATHAYPLAY, however, (e.g., sending a personal message to another CATHAYPLAY user) you generally cannot remove such communications.  

Security  

CATHAYPLAY takes appropriate precautions to protect our users’ information. Your account information is located on a secured server behind a firewall. When you enter sensitive information, we encrypt that information using secure socket layer technology (SSL). (To learn more about SSL, go to http://en.wikipedia.org/wiki/Secure_Sockets_Layer). Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services.  

Terms of Use, Notices, and Revisions  

Your use of CATHAYPLAY and any disputes arising from it is subject to this Privacy Policy and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them and will indicate at the top of this page the policy’s new effective date. If we make material changes to this policy, we will notify you here, by email, or through a notice on our home page. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.  

If you have any questions about this privacy policy, please contact us at privacy@cathayplay.com  

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