Terms of Use

1. The Service

XSHORTPLAY (the "Service") is a personalized service that offers, recommends, and helps you discover digital movies, television shows, and other video content (collectively, "Digital Content") and other services as provided in this Agreement. If you are under 18 years of age, or the age of majority in your location, you may use the Service only with the involvement of a parent or guardian. We personalize content and features as part of the Services, including showing you recommendations on Digital Content, features, and services that might be of interest to you. We also endeavor to continuously improve the services and your experience with them.

2. Subscriptions/Memberships

Offers and pricing for subscriptions (also referred to at times as memberships), the subscription services, the extent of available Subscription Digital Content, and the specific titles available through subscription services, may change over time and by location without notice (except as may be required by applicable law). Unless otherwise indicated, any price changes are effective as of the beginning of the next subscription period. If you do not agree to a subscription change, you may cancel your subscription (see "Cancellation" below).

3. Cancellation of Subscriptions/Memberships

If you signed up for your subscription directly through us, you may cancel at any time by visiting Your Account and adjusting your membership settings, by contacting our customer service, or by using any cancellation form that we make available to you. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for XSHORTPLAY using your account with a third party as a Payment Method and wish to cancel your XSHORTPLAY membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the XSHORTPLAY service through that third party.

4. Payment Methods

If you sign up for your video-only subscription or membership through us and are billed by us, then the billing terms described below will apply to your subscription or membership:

• If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you.
• If you purchase a subscription or start a free trial for a subscription, your subscription will automatically continue, and you authorize us (without further notice, unless required by applicable law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for you.
• UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE PERIODIC SUBSCRIPTION FEE INCLUDING ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON FILE FOR YOU.
• If all payment methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge. You can use "Your Account" settings to update your designated payment method(s).

If you signed up for your subscription through a third party and are not billed directly by us, then the billing terms provided by the third party will apply to your subscription or membership.

5. Promotional Trials

We sometimes offer eligible customers various trial or other promotional memberships, which are subject to this Agreement except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Trial members may at any time (through Your Account) choose not to continue to paid membership at the end of the trial period.

6. General Restrictions

You may not:

• Transfer, copy, or display the Digital Content, except as permitted in this Agreement.
• Sell, rent, lease, distribute, or broadcast any right to the Digital Content.
• Remove any proprietary notices or labels on the Digital Content.
• Attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service.
• Use the Service or Digital Content for any commercial or illegal purpose.

7. Additional Terms

a. Termination
We may terminate your access to the Service, including any subscription available as part of the Service, at our discretion without notice (except as may be required by applicable law). If we do so, we will give you a pro-rated refund of your subscription fee (if any); however, if you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice, and XSHORTPLAY may, in its discretion, immediately revoke your access to the Service and to Digital Content without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded.

b. Explicit Content
By using the Service, you may encounter content that may be offensive, indecent, or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and XSHORTPLAY has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and XSHORTPLAY does not guarantee their accuracy.

c. Communications
We may send you promotions or otherwise communicate with you electronically, which may include email, push notifications, or posts to your Message Center, and you hereby consent to receive those communications (unless you are a customer in the UK, European Union, Turkey, or Brazil, in which case you separately decide whether or not you wish to receive these communications). These communications will be in accordance with the XSHORTPLAY Privacy Notice of your Video Marketplace. To stop receiving marketing communications from XSHORTPLAY, update your marketing communication preferences from Your Account.

d. Updates and Modification of Service
XSHORTPLAY may modify the Service (including any subscription), any Digital Content from time to time (i) to improve existing, or add new, functionality and/or features, (ii) to improve or maintain the user experience, (iii) for operational or technical reasons, (iv) to support maintaining quality and quantity of content included in the Service, or (v) for legal or security reasons. If you are located in the EU or the UK (or if otherwise required by applicable law) and such changes materially and adversely impact the usability of the Services (“Material Changes”):

• We will notify you via email or other electronic communication regarding the scope, time, and reason for the Material Change at least 30 days before they take effect.
• You may also cancel the Service at any time within 30 days after the Material Changes take effect, and we will give you, if applicable, a prorated refund of any fees paid for the billing period of your membership.

XSHORTPLAY reserves the right to suspend or discontinue the Service, or any part of the Service, at any time and without notice (except as required by applicable law or set out above), and XSHORTPLAY will not be liable to you should it exercise such rights, even if your ability to use Digital Content is impacted by the change.

e. Amendments
XSHORTPLAY reserves the right to make changes to this Agreement for legal or regulatory reasons; for security reasons; to enhance existing features or add additional features to the Service; to reflect advancements in technology; to make reasonable technical adjustments to the Service; and to ensure the ongoing operability of the Service at any time by posting the revised terms in connection with the Service or on your Video Marketplace. You will be able not to accept these changes by canceling your membership at any time. To the maximum extent permitted by law, your continued use of the Service or Software following any changes will constitute your acceptance of such changes. However, any increase in subscription fee will not apply until your subscription is renewed.

f. Reservation of Rights; Waiver
The Service and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

g. Disputes/Conditions of Use
Any dispute or claim arising from or relating to this Agreement or the Service is subject to the governing law, disclaimer of warranties and limitation of liability, dispute resolution and class action waiver (if applicable), and all other terms in the XSHORTPLAY Conditions of Use of your Video Marketplace. You agree to those terms on behalf of yourself and all members of your household and others who use the Service under your account by using the Service. YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.

h. Severability
If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

i. Your Legal Rights
We have a legal duty to supply the Service and Digital Content in conformity with this Agreement. If there is a problem with the Service or any Digital Content, the laws of your country may give you additional rights and remedies. Such laws apply in addition to your rights under this Agreement.

8. Contact Information

For questions or concerns about our website, please contact us at support@xshortplay.com.

9. Choice of Law and Dispute Resolution

You consent and agree that the Terms will be exclusively governed by the laws of Hong Kong applicable to contracts entered into and performed within Hong Kong and notwithstanding any conflict of law principles.

You and XSHORTPLAY agree that any dispute, claim, or controversy between you and XSHORTPLAY arising in connection with or relating in any way to these Terms or to your relationship with XSHORTPLAY (whether based in contract, tort, fraud, misrepresentation, or any other legal theory, and regardless if the claims arise during or after the termination of the Terms) will be determined by mandatory binding arbitration.