TWEEN XSTREAM TERMS OF USE

These Terms of Use govern your use of our services and constitutes an agreement between you and XrossBeat Media (Pty) Ltd. and supersede any and all prior agreements and/or understandings between you and XrossBeat Media (Pty) Ltd. in whatever form or format as relating to these Terms of Use.

For ease of communication XrossBeat Media (Pty) Ltd. is herein also referred to as “Tween Xstream” or “we” or “us” or by similar pronouns. As used in these Terms of Use “Tween Xstream services”, “our services” or “services”, unless the context clearly otherwise indicates, means the service provided by Tween Xstream for discovering and watching digitised versions of Tween Xstream productions and programs, including features and functionalities, recommendations and reviews, the website, user interfaces as well as content and software relating to our services. By visiting, browsing or using Tween Xstream website/platform or service you accept and agree to be bound by these Terms of Use. If you do not agree or accept the terms, you may not use Tween Xstream services. Before making any decisions or entering into any agreements and/or transactions with Tween Xstream you should apprise yourself of relevant detail such as the nature, description, content and cost/subscription charges of our products and services via our Tween Xstream website.

Please note that:

1. These Terms of Use may contain hyperlinks that may contain further terms and conditions governing your use of Tween Xstream services. Some of the hyperlinks may require access to our website. If you are viewing these Terms of Use using an application or through a third-party website/platform, you may need to visit our website to view the hyperlinked terms.
2. These terms of use by reference also include our Privacy Policy and End User License Agreement as may be updated from time to time.
3. Tween Xstream may from time to time make amendments to any part of the Terms of Use. Revised versions will be effective immediately, except in respect of existing subscribers to whom the revised versions shall apply effective 30 days after notification thereof by posting the revised version on this website, unless otherwise agreed.
4. If we offer varying membership or promotional plans with differing terms and conditions, such differing terms and conditions will be disclosed to you upon sign-up or in other communications available to you.

ACCESS

Tween Xstream provides a subscription service that allows subscribing members to access movies, TV shows and other programs/productions (collectively referred to as “content”) streamed or otherwise diffused over the internet to compatible internet–connected devices.

Tween Xstream services may be provided through:

• Tween Xstream’s website (this website) or,
• A Tween Xstream mobile application or,
• A third-party website or content distribution platform to access and use Tween Xstream content you will need to use internet-connected TV’s, personal computers, portable media players and/or other devices with appropriate features, applications and functionality capable of interacting with our service.

The requirements for compatible devices may vary from time to time as may be required by changing technology, systems and software for the use of or services.

Compatibility may also be affected by the features and functionality of third-party websites, platforms and applications you may wish to use to access our services. While we may provide guidelines for compatibility, we cannot guarantee that any device or third-party application, site or platform will necessarily be 100% compatible and capable to interact with our services.

SUBSCRIBING FOR MEMBERSHIP

To subscribe for and use our services you need to have internet access and a compatible Tween Xstream ready device. We may require submission of certain compulsory personal information prior to activating your subscription, including payment information, which we may authenticate. Subscription for Tween Xstream membership will be on a monthlyor annual basis until cancelled/terminated.

PRICING, BILLING AND CANCELLATION

A subscriber must pay a monthly or annual subscription fee determined by us from time to time in order to enjoy access to our products and services.

Pricing:

Prices for our products and services, as applicable from time to time, will be displayed on our website and is subject to change. Our subscription fee will include VAT but excludes hardware/access device costs required to access our website as well as all costs associated with any third-party website, software, applications you may require or use to access our services and products – which will be for your own account. Kindly also note that you will be responsible for all internet charges required to access our services and same is not included in our service charges. Please check with your internet provider for more information on internet packages and data usage charges. We reserve the right in our sole discretion to adjust pricing for our services or any component thereof from time to time for reasons such as differing membership/subscription plans/options and promotional plans/offers and price changes. You accordingly acknowledge that the amount we charge may vary and you authorise us to charge these varying amounts in accordance with the authorised payment method(s).

Price changes to your prevailing subscription fees will only apply and will be effective 30 days after notification of the change to you by posting thereof on this website or by any other communication available to you. In the event that we should offer you as the subscriber various subscription plans/options, each plan/option shall be subject to such additional terms and conditions as may apply to the relevant plan/option which will be disclosed to you on our website or in other communication available to you. Where we (either ourselves or through our business arrangements with third parties) in our sole discretion make promotional offers to you as subscriber, such promotional access to our products and services shall be subject to such additional terms and conditions as may apply to the relevant promotion which will be disclosed to you on our website or in other communication available to you.

Billing & charge changes:

Subscription fees will be charged on a monthly or annual basis. The monthly subscription fee must be paid by the subscriber each month in advance and for every month during which the subscriber remains a registered user of or subscriber to our products and services. By not cancelling your subscription prior to your monthly billing date you authorise us to charge your next month’s subscription fees and charges in accordance with the authorised payment method(s). Subscription fees will be charged to your authorised payment method monthly on a calendar day as close as possible to the day of first payment of subscription fees for your current subscription. The payment date may however change if your payment method does not successfully settle your payment obligation or if the date numerical on which first payment was made does not occur in a particular month or if processing of the payment is delayed or postponed by virtue of bank remittance processes or any other circumstances beyond our reasonable control. We are not responsible for acts, omissions, failures, delays and/or errors on the part of any third-party bank, payment aggregators or payment facilities providers including your authorised payment method(s).

Kindly take note that payment methods generally attract transactional bank charges. For certain payment methods or payments remitted from certain jurisdictions the issuer of your payment method may charge a foreign transaction fee and/or other charge. Local tax charges may vary depending on the payment method used. Check with your service provider for more details.

It is important that you manage your payment resources to ensure successful settlement of your payment obligations. If payment is not successfully settled for any reason (whether due to expiry, insufficient funds, or otherwise) and you do not cancel your account, we may suspend your access to our services until your obligations have been fully discharged and a valid and active payment method has been verified.

Where we successfully process payment using the authorised payment method(s) and you challenge such transaction, we may temporarily suspend your access to our services subject to resolution of your challenge and may permanently revoke access if warranted by resolution of your challenge.

Payment method(s):

By subscribing to Tween Xstream services and providing or designating a payment method(s) you authorise us to charge you and recover from you in accordance with the authorised payment method(s) the fees and charges in connection with your subscription for and use of our products and services. We currently only accept bank card payments (debit and credit card facilities) as primary method for payment for our services. We however reserve the right to require your authorisation of an alternative payment method to back up the primary payment method if the primary payment method should be declined or no longer available to meet your payment obligations for any reason. You authorise us to charge your subscription fees in accordance with such alternative payment method should the primary payment method not be successful for any reason. To the extent that any subscription fees may not be successfully recovered using the authorised payment method(s) you remain liable for any uncollected amounts.

You are responsible to advise us of any change in your payment information and to update your information on our website. Failure to do so may result in suspension of access to our products and services. We may update your payment related information and method(s) using information provided by you and/or payment service providers. Following any update, you authorise us to continue to charge in accordance with the updated payment method(s).

Cancellation:

You may cancel your subscription at any time without reason. If you cancel your subscription your account will close at the end of the current billing month and you will continue to have access to our services through to the end of the current monthly billing period provided that your subscription fees are fully paid up to date including for the current billing month. Payments are non-refundable and there are no refunds or credits for partially used contents or time periods. Refunds, credits and promotions are at our sole and absolute discretion and no refunds, credits and promotions considered or indulged by us in any instance shall impose any obligation on us to provide same in any similar or other instance in future. Please be aware that, where you use a third-party payment method and wish to cancel your subscription for our products and services, you may need to terminate your payment arrangement with such third party to terminate payment of subscription fees.

TWEEN XSTREAM SERVICES

Tween Xstream provides SVOD services streamed or otherwise diffused over the internet to compatible internet–connected devices.

Age restriction:

You must be 18 years of age or the age of majority as applicable in your country/ territory to legally subscribe for the services of Tween Xstream. While we strive to provide content suitable for viewers of all ages, it is recommended that individuals under the age of 18 or applicable age of majority only be allowed to use our services with the involvement and/or under supervision of a parent or legal guardian, under such person’s account and subject to these Terms of Use.

Viewing rights:

During subsistence of your subscription for Tween Xstream services and subject to payment of applicable fees and compliance with the Terms of Use, you are granted a limited, non-exclusive, non-transferrable right to temporarily access our service platforms and view Tween Xstream content. The service is for your personal non-commercial use only and you may not share it with individuals or any other entity beyond your household. Except as stated above, no right title or interest shall be transferred to you by virtue of your subscription for the service.

Some content may be available for temporary download and offline viewing on supported devices. This content is referred to as offline titles. Restrictions may apply including without limitation to the number of offline titles that will be allowed per account and/or per device, the period within viewing rights may be exercised and during which offline titles will remain accessible.

Replay function on the platform will only be available for a limited time (which will be disclosed on the website) after first stream or download of the particular program where after the replay option will lapse. You may not use the service for use it for public performances.

Subscribers may submit written request to Tween Xstream for special permission to use the services for non-theatrical exhibition to audiences at locations accessible to the public, in educational and institutional facilities, oil rigs and fields, corporate locations , nursing homes, hospitals, churches, prisons, hotels and motels, restaurants, pubs, clubs libraries, military bases, governmental facilities and other similar locations, airlines, trains and other in transit exhibition on public and/or commercial transportation. Permission will be in the sole and absolute discretion of Tween Xstream and may be granted subject to such conditions as Tween Xstream may consider suitable, including (without limitation) that no entry fees shall be levied, that specified Tween Xstream promotional videos be played before and after each exhibition.

Restrictions on use and misuse:

You agree to use Tween Xstream service and all features and functionality associated therewith in accordance with all applicable laws, rules, regulations and other restrictions on use of the service and content therein. You agree not to archive, reproduce, distribute, modify, exhibit, perform, publish, license, create derivative works/adaptations from, offer for sale or use (except as expressly authorised in these Terms of Use) content and information contained on or obtained through our service platform. You further agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protection measures in Tween Xstream services; use any robot, spider, scraper or other automated means to access our service; decompile, reverse engineer or disassemble any software or other products or processes accessible through our service; insert any code or product or manipulate the content of our service in any way; or use any data mining, data gathering or extraction method. In addition you agree not to upload , post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Tween Xstream services, including software viruses or any other computer code, files or programs. We may terminate or restrict your use of our services if you violate these Terms of Use or engage in illegal, fraudulent or improper use of our services.

Availability and accessibility:

The availability of content to view may vary from time to time and from country to country. You may view Tween Xstream content primarily in the country in which you have established your account and only in geographical areas where we offer our services and have licensed the content.

Tween Xstream service is based on software developed by or for Tween Xstream and is designed to enable access through compatible devices i.e. devices that are capable of interacting with our platform and service. Software, functionalities and features may vary by device and medium and you acknowledge that in order to use our services you may need third-party software that is governed by third-party licenses. You agree to automatic receipt of updated versions of Tween Xstream and related third party software.

Quality:

The quality of display of the streaming of content may vary from computer to computer and device to device. Factors affecting quality include location, bandwidth available through and speed of your internet connection, your device capabilities and settings. Not all content is available in all formats such as HD, Ultra HD or HDR. Default playback settings on cellular networks exclude HD, Ultra HD or HDR content. The minimum connection speed for SD quality is 0.5 Mbps, however we recommend a faster connection for improved viewing experience. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content (defined as 1080p or higher) and HDR content. The time lapse before you can begin to view Tween Xstream content will vary depending on factors such as your location, available bandwith, internet speed, the content selected and the configuration of your Tween Xstream compatible and ready device. While we strive to provide a pleasant viewing experience, we cannot make any representation or provide any warrantee about the quality of your viewing experience on your device.

Upgrades and tests:

We upgrade and test various aspects of our service on ongoing basis. These may include our website, user interfaces and promotional features, delivery and pricing. We will also expand and update our library on an ongoing basis. You agree that we may include or exclude you from these tests without notice. You may opt-out of participation in such tests at any time by notifying us accordingly.

Suspension of service:

• We may suspend part or all of our Tween Xstream services, the operation of our website or your sue of our services or your Tween Xstream account in any of the following circumstances:
• For downtime to perform maintenance on and/or updates to our website or technology used in rendering our services,
• Should we become aware or suspect actual or threatened fraud or unauthorised use of our website, our services, the content of our platform or your account,
• If we have reasonable grounds to believe that our website, our services or the content of our platform is being used negligently, fraudulently, illegally or outside the scope of your permitted use,
• If you do not comply with your obligations,
• If we have reasonable grounds to believe that your password has been lost or stolen or disclosed to unauthorised third parties,
• If we become aware that any information provided by you is false, inaccurate, incomplete, outdated or misleading.
• If we are required to do by law, a court order or regulator,
• If you fail to pay for our services on time or if we are unable to collect payment using your authorised payment method(s).

You will be notified of the suspension of services or your account where it is reasonably practical to do so. The suspension will continue for so long as we reasonably believe to be appropriate and in the event of default in payment for as long as all uncollected amounts due to us remain unpaid, upon receipt of which you will have the option to either cancel your subscription or request reactivation of your suspended subscription account.

PASSWORD AND ACCOUNT ACCESS

The subscriber who creates the Tween Xstream account and whose payment method is charged is the account holder who will have control over the Tween Xstream account and devices used to access our services. The account holder will be responsible for all activity that occurs through his/her Tween Xstream account. The account holder should maintain control over any Tween Xstream ready devices, usernames and passwords and details of payment methods associated with the account to avoid anyone from accessing and abusing the account or any information obtainable from it. The account holder is responsible for the accuracy of account information and for updating such information relating to your account. We advise that you always access your account directly via our website rather than through a hyperlink in another communication or platform. We may terminate your account or place your account on hold in order to protect you, Tween Xstream and/or third parties from identity theft or fraudulent activities.

DISCLAIMERS AND LIMITATION ON LIABILITY

Tween Xstream services are provided “as is” and ” as available” without warranty of any kind. We do not guarantee, represent of warrant that the use of Tween Xstream services will be uninterrupted or error free. Tween Xstream may permanently or temporarily take down this website or any content in its sole discretion. This website or any content may be unavailable during periods of scheduled downtime for maintenance or as required by law. Tween Xstream specifically disclaims liability for the use by you or any other person of this website, any devices used to access our services (even if Tween Xstream ready) and any applications associated with or used to interact with Tween Xstream services/platforms (including their ongoing compatibility with our services.) Tween Xstream is not responsible for third-party platforms, services and applications. The use of third-party platforms and applications with our services may not be authorised in all areas where you wish to access our services. Use of third-party applications will be at your sole option and risk and you agree to indemnify Tween Xstream from any damages or losses resulting from improper use of third-party applications.

Tween Xstream does not guarantee that all content will be perceived by all users as Christian in nature or faith based or suitable for all viewers. Viewer discretion is advised. To the extent allowed under the applicable laws, neither Tween Xstream, nor its affiliates or any of its directors, shareholders, officers, employees, or licensors shall be liable to you for any loss of whatever nature and specifically not for any special, indirect and consequential damages (all of which are waived by you). In no event shall the liability of Tween Xstream (either jointly or severally) exceed USD50.00 or its equivalent in converted currency.

To the extent permitted under the applicable law, you and Tween Xstream agree that you may each bring claim against the other only in your/its individual capacity and not as plaintiff or class member in any class or representative proceeding. Where permitted under the applicable law and in the absence of any differing agreement between you and Tween Xstream, 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. These terms will not limit any non-waivable warrantees or non-waivable constitutional and consumer protection rights that you may be entitled to by virtue of the applicable laws.

INTELLECTUAL PROPERTY

Tween Xstream service, including all content provided on the service is protected by Copyright, Trademark, trade secret and/or other intellectual property laws and treaties.

COPYRIGHT

Content is subject to copyright and is either owned by Tween Xstream or licensed from third parties. We will use our best endeavours to notify you if we should lose the right to provide you with any content.

TRADEMARKS

Tween Xstream name and logo are registered trademarks and may not be used in any manner or passed off in ways that imply sponsorship or endorsement of any person, entity service or product, without the appropriate written permission to do so. Any product branded with Tween Xstream name or logo is a reflection on Tween Xstream. We do not approve of or allow others to make, sell or give-away anything with our name and/or logo on it.

PATENTS

Tween Xstream services may be covered by patents. For information on patents relating to pour services please contact sales@tweenovate.com. Software installed on Tween Xstream ready devices to enable streaming of content may contain open source (free) software licenses and/or commercial software licenses. Tween Xstream Terms of Use do not alter the rights or obligations you may have under such third-party software licenses.

Thank you for respecting the intellectual property rights attaching to and associated with our services and platforms.

GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed in all respects by the laws of South Africa without regard to conflict of law provisions. Although we will be entitled to enforce our rights in any court of competent jurisdiction you hereby consent to the exclusive jurisdiction and venue of the courts in Randburg, South Africa regarding all disputes relating to these Terms of Use, your use of our services, this website and any content provided by us.

DISPUTE RESOLUTION

Any dispute, difference or question which may at any time arise between concerning the interpretation of this agreement or the rights or obligations of the parties, shall be referred for decision by a single arbitrator to be agreed upon between the parties or, in default of agreement for 14 (fourteen) calendar days, an advocate of the High Court of South Africa of at least 10 years standing to be appointed at the request of either party in accordance with and subject to the rules of the Arbitration Foundation of South Africa for the time being in force. The decision of the arbitrator(s), who will be competent to make an order as to their own costs, will be final and binding on the parties. All arbitrators acting in terms hereof shall be domiciled in the Republic of South Africa.

VALIDITY

If any of the provisions of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality and unenforceability of the remainder of the provisions shall remain in full force and effect.

COMMUNICATIONS

All communications of a formal nature and which relate to these Terms of Use shall be made and exchanged in writing. No verbal communications will have any binding effect. We will provide all our communications relating to your account to you in electronic format only.

ASSIGNMENT

Tween Xstream shall be entitled to cede, delegate, assign and transfer any or all its rights and obligations in terms of these Terms of Use to any third-party and you agree to cooperate with us when the need for same arises.

CUSTOMER SUPPORT

If you need any information about our services or assistance with your account, please visit our helpdesk at sales@tweenovate. We will use our best endeavours to assist you by using remote access tools (if consented to by you) or by other means. In the event of any conflict between information provided by the helpdesk and any portion of our website, these Terms of Use will prevail.