MyPentas provides a personalized subscription service that allows our members to access live-streams and video-on-demand content (“MyPentas Content”) streamed over the Internet to certain computers and other mobile devices (“MyPentas Ready Devices”).
1.1. To use the MyPentas Service you must have Internet access and a MyPentas Ready Device, and purchase Credits (as defined in clause 2.3 below) by making payment to us as laid out in our plan comparison (“Payment”) unless you are using the option of free service which is limited in use and only enables a preview of certain content. Payment to us shall be made via a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party “Payment Method”). Unless you cancel your membership before your billing date, you authorize us to deduct the Payment for Credits you purchase (see “Cancellation” below). Your MyPentas membership will continue until terminated by you.
1.2 We may from time to time offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your MyPentas membership by visiting our website and clicking on the “Account” link available at the top of the pages of the MyPentas website under your profile name.
- Free Trials
2.1. Your MyPentas membership may start with a free trial by providing the option on our website although we are not obligated in any way to do so. The duration of the free trial period (if any) of your membership and any other terms and conditions will be specified during sign-up and is intended to allow new members and certain former members to try the MyPentas Service.
2.2. Free trial eligibility is determined by MyPentas at its sole discretion and we may at our own option limit eligibility or duration for any reason, including but not limited to preventing free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible or for any other reason. Members of households with an existing or recent MyPentas membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent MyPentas membership to determine eligibility. For combinations with other offers, restrictions may apply.
2.3. For paid subscription, viewing of MyPentas Content is based on credits purchased by you using the Payment Method (“Credits”) and top up of credits is carried out by you. We will charge the membership fee for the next billing cycle to your Payment Method at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the price of each Credit and end date of your free trial period, visit our website and click the “Billing details” link on the “Account” page.
- Billing and Cancellation
3.1. Access to content. Your access to the MyPentas Content will be dependent on the Credits required for each viewing as indicated in the user’s account information.
3.2. Payment Methods. To use the MyPentas service, you shall purchase Credits at your own option using one or more Payment Methods provided on the website. You authorize us to charge all payments for Credits purchased by you using any Payment Method and you remain responsible for any uncollected amounts. If a payment is not successfully settled for any reason, we may suspend your access to the service until we have successfully received all amounts due.
3.3. You can cancel your MyPentas membership at any time, and you will continue to have access to the MyPentas Content until usage of all your Credits. To the extent permitted by the applicable law, payments for credit purchases are refundable if the user has purchased credits accidentally, if there are errors or for accidental duplicate transactions made. Credits purchased by the user must be reported to us within 24 hours of the transaction for a monetary refund. Partial refunds will not be permitted. MyPentas content can also be refundable within this time period. However, MyPentas content can only be refunded for credits. Additionally, credits provided by our partners through any giveaways or promotions are considered non-refundable and cannot be exchanged for cash. To request a refund, kindly send an email to email@example.com with the email used to register for your MyPentas account, as well as your order number and a screenshot of your purchase found in Purchase History. To cancel, go to the “Account” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close.
3.4. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our Service from time to time;however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
- MyPentas Service
4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the MyPentas Service. Minors may only use the service under the supervision of an adult.
4.2. The MyPentas Service and any content viewed through the Service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your MyPentas membership we grant you a limited, non-exclusive, non-transferable right to access the MyPentas Service and view MyPentas Content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances. Any unlawful use of the website and Content of MyPentas is strictly prohibited.
4.3. You may view the MyPentas Content primarily within the country in which you have established your account and only in geographic locations where we offer our Service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The MyPentas Services is only available on the device you have selected at the time you registered your membership.
4.4. The MyPentas service, including the content library, is regularly updated at our own discretion. In addition, we continually test various aspects of our Service, including our website, user interfaces, promotional features and availability of MyPentas Content.
4.6. The quality of the display of the MyPentas content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching MyPentas content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected and the configuration of your MyPentas ready device
4.7. MyPentas software is developed by, or for, MyPentas and is designed to enable viewing of MyPentas content through MyPentas Ready Devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the Service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the MyPentas and related third-party software.
- Passwords and Account Access.
The member who created the MyPentas account and whose Payment Method is charged (the “Account Owner”) has access and control over the MyPentas account and the MyPentas Ready Devices that are used to access our service and is responsible for any activity that occurs through the MyPentas account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the MyPentas Ready Devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, MyPentas or our partners from identity theft or other fraudulent activity.
- Warranties and Limitations on Liability.
The MyPentas Service is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.
- Class Action Waiver.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND MYPENTAS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and MyPentas agree otherwise, the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
8.2. Unsolicited Materials. MyPentas does not accept unsolicited materials or ideas for MyPentas content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to MyPentas.
8.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.