Audiovisual works of varied durations and formats (“Films”) may from time to time be made available to you (“you” or “User”) by Bazaar, Inc. (DBA MUBI) or its corporate affiliates (collectively, “us”, “we”, “MUBI” or “the Company”) through MUBI’s web site (the “Site”) and through the websites or platforms provided by social networking service providers (the “Social Network”). Although streaming of most films will be FREE, when purchasing any Films through the MUBI, you signify that you have read, understand and agree to be bound by the Terms of Service in effect at the time of purchase (“Terms of Service”).
These Terms of Service 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 to the Site or the Social Network. Therefore, you should review these Terms of Service prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Service, do not make any purchases on the Site or the Social Network.
PLEASE READ THESE TERMS OF SERVICE 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.
To make a purchase on the Site or on the Social Network you must be a registered user of either the Site or the Social Network. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. The Company sells its Films only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on the Site or the Social Network only with the involvement of a parent or guardian. The Company reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
We accept Visa, MasterCard and American Express, credit cards and certain debit cards, as forms of payment. By submitting an order through The Site or the Social Network, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount.
Regarding any Film that you purchase through the Site, you acknowledge and agree that upon making such Films available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such Films, regardless of any failure or inability to view such Films.
Although we are committed to preserving a wonderful user experience, under no circumstances do your acquire rights to delivery of any FREE Films and content.
Company may revise, discontinue or modify certain Films at any time without prior notice to customers, and certain or all Films may become unavailable without notice. Company shall have no liability of any kind if a Film that has been ordered is unavailable.
We attempt to be as accurate as possible and eliminate errors on the Site; however we do not warrant that any Film or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site or in the Social Network, in an order confirmation, in processing an order, delivering a Film or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing, at our option, Movie Credits as described below), with a value at least equal to the amount charged to your credit card.
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and , and Company reserves the right to collect such taxes or other fees from you at any time.
Company’s gift movie service allows you to select a purchase a Movie Credit that will allow recipient to view one or more Films from the MUBI Film Library and post a still of the selected Film on the recipient’s profile along with a message from you (the “Gift Movie”). The length of time the Gift Movie still will remain posted on the recipient’s profile (unless hidden or deleted by the recipient) will be determined by Company in its sole discretion, but it will remain there for a minimum of two weeks unless hidden or deleted by the recipient. The Gift Movie service is a service (notwithstanding any use of the terms “purchase,” “buy,” “sell,” “order” or the like on the Site, Social Network or in these Terms of Service), and neither you nor your recipient obtains or retains any rights or ownership interest of any kind in or to any Gift Movie you send or receive through the Gift Movie service, and neither you nor the recipient may reproduce, distribute, transfer, modify or otherwise use the Gift Movie in any manner other than as expressly authorized by Company. All use of the Gift Movie service is for your personal, non-commercial use only.
In addition to purchasing Gift Movies each time you wish to send them, the Company may allow you to pre-purchase Gift Movies by purchasing credits (the “Movie Credits”). Each Movie Credit you purchase may be redeemed later for a Gift Movie that is available for $2.00 or less. The Company may in its sole discretion allow you to apply your Movie Credits toward other goods or services in addition to such Gift Movies. Movie Credits have no monetary value and cannot be redeemed for cash. Movie Credits are non-refundable and non-transferable.
Any Film purchased for viewing from the Company, including without limitation Gift Movie services are final, non-cancelable and nonrefundable after 20 minutes of purchase or as otherwise determined by Company in its sole discretion. User may reuse his uncharged Movie Credit by cancelling his order within the first 20 minutes of viewing after purchase is made.
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.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
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.
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Service, and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to any products or services be instituted more than three (3) years after the cause of action arose.
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.
These Terms of Service constitute the entire agreement between you and Company regarding purchases you make on the Site or the Social Network, superseding any prior agreements between you and Company relating to such purchases. The failure of Company to exercise or enforce any right or provision of these Terms of Serviceshall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.