General Terms and Conditions

Last updated: 15 August 2024 1. Introduction These General Terms and Conditions govern Customer's use of the service stroplay.com ("Service" as available on the website located at stroplay.com ("Website"). The name and details of the provider offering you the Service can be found in the welcome email sent to you upon subscribing to the Service. In addition, it can be found after logging in to the website stroplay.com in the footer of this website, and on the My Account details page on stroplay.com/account. The company offering you the Service is hereinafter referred to as "Provider" "we" or "us". The Provider provides a platform that connects the Customer with a streaming platform provided by the Provider or by a third party affiliated with the Provider. These general terms and conditions apply to every offer made by the Provider and to every Agreement concluded between the Provider and the Customer. The Agreement will be concluded electronically. Before the Agreement is concluded, the text of these general terms and conditions will be made electronically available to the Customer, in such a way that the Customer can easily store them on a Durable Data Carrier. If this is not reasonably possible, prior to conclusion of the Distance Agreement, it will be indicated where the general terms and conditions will be sent free of charge upon request of the Customer by electronic means or otherwise. If Customer does not agree with these General Terms and Conditions, Customer is prohibited from using or accessing this website or using any other services provided by Provider. The Provider reserves the right to review and amend any of these General Terms and Conditions at the Provider's sole discretion. Upon doing so, the Provider will update this page. Any changes to these General Terms and Conditions will take effect after 14 days from the date of publication. These General Terms and Conditions were last updated on March 10, 2023 2. Subscription Customer's subscription to the Service will continue until terminated. To use the Service Customer must have internet access, and provide the Provider with a current, valid, accepted method of payment ("Payment Method"). Unless Customer cancels Customer's subscription before Customer's billing date, Customer authorizes the Provider to charge the subscription fee for the next billing cycle to Customer's Payment Method. Upon registration, the Customer is obliged to provide the correct, by the Provider requested information. If information that is necessary for the performance of the Services change, the Customer informs the Provider promptly. The Provider may offer a number of subscription plans. Some subscription plans may have differing conditions and limitations, which will be disclosed at Customer's sign-up or in other communications made available to Customer. Subscriptions are concluded for an indefinite period of time, unless offered otherwise. If a fixed period subscription was offered, such subscription will be tacitly renewed with successive terms equal to the initial term, insofar allowed and in accordance with applicable law, and unless the Customer cancels the subscription prior to the moment of renewal. 3. Free Trials and Promotional Offers. From time to time the Provider may offer a subscription with a free trial. The duration of the free trial can be for a limited period of time. In order to sign up for the free trial Customer may be required to enter Customer's billing information. Customer will not be charged by the Provider until the free trial has expired. Unless Customer cancelled Customer's subscription before the end of the free trial, the Provider will automatically charge Customer's Payment Method for the applicable subscription fees on the last day of the free trial period. At any time and without notice, the Provider reserve the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer. The Provider may also offer special promotional offers, plans or subscriptions ("Offers"). Offer eligibility is determined by the Provider at the Provider's sole discretion and the Provider reserves the right to revoke an Offer and put Customer's account on hold in the event that the Provider determines Customer are not eligible. The eligibility requirements and other limitations and conditions will be disclosed when Customer sign-up for the Offer or in other communications made available to Customer. 4. Billing The subscription fee for the Service will be charged to Customer's Payment Method on the specific payment date. The length of Customer's billing cycle will depend on the type of subscription that Customer chooses when Customer signed up for the service. To use the Service Customer must provide one or more Payment Methods. Customer authorizes the Provider to charge any Payment Method associated to Customer's account in case Customer's primary Payment Method is declined or no longer available to the Provider for payment of Customer's subscription fee. Customer remains responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and Customer does not cancel Customer's account, the Provider may suspend Customer's access to the service until the Provider have successfully charged a valid Payment Method. Separate terms and conditions and additional fees from the service provider of the Payment Method as selected by Customer may apply. The Provider may change the Provider's subscription terms and the price of the Provider's Service from time to time; however, any price changes or changes to Customer's subscription will apply no earlier than 30 days following communication to Customer (via the Website or in Customer's Account). 5. Cancellation Customer can cancel Customer's subscription at any time, and Customer will continue to have access to the Service through the end of Customer's billing period. Payments are non-refundable and the Provider does not provide refunds or credits for any partial subscription periods or unused content. To cancel, go to Customer's "Account" page and follow the instructions for cancellation or send an unambiguous statement to the Provider's support team at customer@stroplay.com. The Provider can cancel or alter the Agreement without any ground at any time. 5.4 The Provider is not liable for any (further) damage. Only the Customer is liable for any further damage caused by the cancelation or alteration. 6. Service Customer must be at least the age of majority to become a subscriber to the Service. The Service and any content accessed through the Service are for Customer's personal and non-commercial use only and may not be shared with individuals other than this within Customer's household. During Customer's subscription the Provider grants Customer a limited, non-exclusive, non-transferable right to access the Service and the content available through it. Except for the foregoing, no right, title or interest shall be transferred to Customer. The Service cannot be used for public performances. The content that may be available will vary per country and will be updated from time to time. Customer may access the Service and content primarily within the country in which Customer have established Customer's account. Content may not be available in certain countries. Customer agrees not to: • • modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this Website or in the Service; remove any copyright or other proprietary notations from any materials and software on this Website or from the Service; transfer the materials to another person or "mirror" the materials on any other server; knowingly or negligently use this Website, the Service or any of its associated services in a way that abuses or disrupts the Provider's networks or any other service Provider provides; use this Website, the Service or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material; use this Website, the Service or its associated services in violation of any applicable laws or regulations; use this Website or the Service in conjunction with sending unauthorized advertising or spam; harvest, collect or gather Customer data without such Customer's consent; or use this Website, the Service or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties. The quality of the display of the content may vary from device to device, and may be affected by a variety of factors, such as Customer's location, the bandwidth available through and/or speed of Customer's internet connection. Customer is responsible for all internet access charges. The Provider allows a maximum of 5 internet-enabled end-use devices to access the Service at the same time, unless offered otherwise. Any limitations that may apply to the chosen subscription plan are mentioned in the account of the Customer. 7. Passwords and Account Access. The Customer who created the account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the account. Details of Customer's account (eg. email and/or password) and details of the Payment Method should not be revealed to others. Customer is responsible for updating and maintaining the accuracy of the information Customer provides to the Provider relating to Customer's account. The Provider can terminate Customer's account or place Customer's account on hold in order to protect Customer, the Provider or the Provider's partners from identity theft or other fraudulent activity. 8. Intellectual Property The intellectual property in the materials contained in this website are owned by or licensed to Provider and are protected by applicable copyright and trademark law. The Provider grants the Provider's Customers permission to download one copy of the materials for personal, non-commercial transitory use. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if Customer violates any of these restrictions or the General Terms and Conditions, and may be terminated by Provider at any time. The Customer is not entitled to multiply and/or disclose the products and results of the Services to third parties, or the information contained therein or otherwise known to him, unless the Provider explicitly authorizes this in writing. The Provider may implement technical measures to protect the Service and materials from unauthorized changes, use, reproduction or publication. If the Provider has implemented such measures, the Customer may not attempt to remove or circumvent them. 9. Links 9.1 Provider has not reviewed all of the sites linked to its Website or Service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Provider of the site. Use of any such linked site is at Customer's own risk and the Provider strongly advises Customer make Customer's own investigations with respect to the suitability of those sites. 10. Liability The Provider's Website, the Service and the materials contained therein are provided on an 'as is' basis. To the extent permitted by law, Provider makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights. In no event shall Provider or its suppliers be liable for any consequential loss suffered or incurred by Customer or any third party arising from the use or inability to use this Website, the Service or the materials on this Website or Service, even if Provider or an authorized representative has been notified, orally or in writing, of the possibility of such damage. In the context of this Agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, Agreement, equity, tort (including negligence), indemnity or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to Customer. No liability will be assumed by the Provider for interpreting information provided on the platform, in particular content available on the platform such as movies, series, games and other content. The Customer is responsible for the correct delivery of his personal information, such as name, address details and other information required for the correct execution of the Agreement. The Provider cannot be held responsible for damage resulting from incorrect information provided by the Customer that is required for the proper execution of the Agreement. The Provider cannot be held liable for damage resulting from sharing or making available otherwise of the Usernames and/or password of the Customer. Storing Usernames and/or passwords on a Durable Data Carrier, or in any other way by the Customer will be borne entirely by the Customer. Furthermore, the Provider cannot be held liable in any way for the unauthorized distribution of Usernames and/or passwords of the Customer, in case Customer makes use of third party support programs to store or remember the Usernames and/or passwords. 11. Right of Withdrawal 11.1 If Customer is a European user and register for a subscription, Customer may change Customer's mind for any or no reason within fourteen (14) days starting from the day Customer signs up for the relevant service (the "Withdrawal Period") in accordance with the following: 11.1.1 If Customer signs up for a free trial, Customer agrees that the Withdrawal Period for the subscription for which Customer is receiving the free trial ends fourteen (14) days after Customer starts the free trial. If Customer does not cancel the subscription before the free trial ends (in accordance with Section xx), Customer loses Customer's right of withdrawal and the Provider will be authorized to automatically charge Customer's Payment Method the agreed monthly fee until Customer cancels the subscription. 11.1.2 If Customer purchases a subscription without a free trial, the Provider will be authorized to automatically charge Customer's Payment Method the agreed monthly fee until Customer cancels the subscription. Customer agrees that the Withdrawal Period is available for fourteen (14) days after Customer's initial purchase but Customer will lose Customer's right of withdrawal once Customer uses or accesses the Service during that period. Customer may exercise Customer's right of withdrawal in accordance with the above by contacting the Provider (via email at customer@stroplay.com). Customer may choose, but Customer is not required to, use the below form. Customer will receive a full refund of all monies paid. Alternatively Customer can send the Provider a letter or the below form at the address as communicated on the Provider's Website. I/The Provider hereby give(s) notice that I/The Provider withdraw(s) from my/the Provider's Agreement of sale of the following goods for the provision of the following service. Ordered on/received on, • Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date 12. Miscellaneous 12.1 These Terms of Use shall be governed by and construed in accordance with the laws of the country of where the Provider has registered office. Any term of these General Terms and Conditions which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these General Terms and Conditions is not affected. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. The Provider will send Customer information relating to Customer's account or subscription (e.g. payment authorizations, changes in password, confirmation messages) in electronic form only, for example via emails to Customer's email address provided during registration. 13. More information and assistance To find more information about the Provider's service and its features, if Customer needs assistance with Customer's account, please contact the Provider via email at customer@stroplay.com. The Provider has an adequately known complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the Agreement must be submitted to the Provider within 14 days, fully and clearly described, after the Customer has noted the deficiencies. Complaints can be referred to the Provider by means of an Unambiguous Statement, with respect to the provisions in Article 2 under g of these conditions. 14. Complaints Complaints submitted to the Provider are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Provider will respond within the period of 14 days with an acknowledgement of receipt, and an indication when the Customer can expect a more elaborate reply. If the complaint cannot be resolved by mutual Agreement, a dispute arises that is susceptible to the dispute settlement. Any disputes between parties arising from this Agreement shall, if not otherwise agreed between the parties or unless provided otherwise by mandatory law, be submitted by the most diligent party to a competent court of the district where the Provider has its registered office. If by judicial decision one or more articles of these conditions are declared invalid, other provisions of these general terms and conditions will remain in full force, and Provider and Customer will enter into consultation in order to agree on new provisions to replace the void or nullified provisions, in which the purpose and intent of the void or voided provision are taken into Account as much as possible. General Terms and Conditions, version 15 August 2024