Make Believe+ Subscriber Agreement
The Make Believe Group (“Make Believe+”, “we”, “us” “our”) welcomes you to the Make Believe+ Service. The ” Make Believe+ Service” includes the Make Believe+ website, application and associated content and services.
PLEASE READ THIS SUBSCRIBER AGREEMENT (“Make Believe+ SUBSCRIBER AGREEMENT “, OR “AGREEMENT”) CAREFULLY BEFORE USING THE Make Believe+ SERVICE.
THIS AGREEMENT WILL GOVERN YOUR USE OF THE MAKE BELIEVE+ SERVICE.
You agree to the Make Believe+ Subscriber Agreement by clicking “Agree & Continue” or other industry standard mechanism during the Make Believe+ registration process and ratify your agreement when you use any aspect of the Make Believe+ Service. If you do not agree to the Make Believe+ Subscriber Agreement, you may not use the Make Believe+ Service. We may amend this Agreement. Any such amendment will be effective thirty (30) days following our dispatch of a notice to you (and we may also post details of the amendment on the Make Believe+ Service). If you do not agree to any change to this Agreement, you must discontinue using the Make Believe+ Service. Our customer service representatives are not authorised to modify any provision of this Agreement, either verbally or in writing.
List of sections:
User Eligibility and Registration
Copyright License Grant and Restrictions
Use and Sharing of Your Information
Suspension and Termination
USER ELIGIBILITY AND REGISTRATION
Eligibility and Age Limitations. Only residents of the countries where we offer the Make Believe+ Service (collectively, the “Territory”) are eligible to register for a Make Believe+ account. This Make Believe+ Subscriber Agreement governs for residents of the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands. You must be 18 years of age or over to purchase the Make Believe+ Service. The Make Believe+ Service is provided to individuals for their personal, non-commercial use only. Companies, associations and other groups may not register for a Make Believe+ account or use the Make Believe+ Service. Individuals under the age of 18 are not eligible for a Make Believe+ account and are not permitted to provide personal information to Make Believe+.
Registration. Only individuals that have registered for a Make Believe+ account, provided certain information (e.g., a valid email address), and have agreed to the Make Believe+ Subscriber Agreement are eligible to use the Make Believe+ Service. You are responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Make Believe+ account. However, if you allow others to access your Make Believe+ account, this Agreement, as well any specific consents you may have provided, also applies to their access, use, and disclosure of information. You agree to immediately notify Make Believe+ of any unauthorized access to your Make Believe+ account. Make Believe+ will not be responsible for any losses arising from the unauthorised use of your Make Believe+ account, except where such unauthorized use is due to an act or omission by Make Believe+.
Notices. Any notices Make Believe+ delivers to you may be made as follows: (i) by email to the last email address provided by you and (ii) by posting a notice on the Make Believe+ Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details. You agree that we may take steps to verify the accuracy of information you provide.
Subscription and Auto-Renewal. Your subscription to the Make Believe+ Service includes enrolment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. We reserve the right to change our pricing and, in the event of a price change, we will notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorise us to charge your payment method for these amounts. You are responsible for all third-party Internet access charges in connection with your use of the Make Believe+ Service. Please check with your Internet provider for information on possible Internet data usage charges.
Free Trials. Your Make Believe+ Service subscription may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available to those who have not previously used one for the Make Believe+ Service. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register but you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing period or free trial. Cancellation will take effect at the end of the current billing period or free trial. To cancel your Make Believe+ subscription, navigate to https://www.makebelieveplus.com/my-account/subscriptions/, select your Subscription by clicking “View” and click “Cancel”. Cancellation will only take effect at the end of your current billing period (or end of your free trial), and you will still be able to access Make Believe+ until then. We do not refund or credit for partially used billing periods. You have a statutory right to withdraw within 14 days of signing up to the Make Believe+ Service. However, you acknowledge that when you signed up to the Make Believe+ Service you agreed to the immediate download of digital content and that if you access any digital content, you lose your right to withdraw from the Make Believe+ Service.
Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. We may share your payment information within The Make Believe Company to process the transaction. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, where applicable law allows, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Make Believe+ Service. You authorise us to continue to charge your card using the updated information. If a payment is not successfully authorised due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription by giving you notice. You also agree that we may charge your payment method on file if you decide to restart your Make Believe+ subscription, unless you specify an alternative payment method when you restart your subscription.
Subscriptions Obtained Through Third Parties. If you obtain a Make Believe+ Service subscription via a third party (e.g., an app store), that subscription is also subject to the third party’s terms, and the provisions in this Make Believe+ Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Make Believe+ Subscriber Agreement conflicts with the applicable third party’s terms. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your Make Believe+ Service subscription will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a Make Believe+ Service subscription obtained via a third party, please follow the cancellation instructions set out by the applicable third party.
COPYRIGHT LICENSE GRANT AND RESTRICTIONS
License. Within the Territory and subject to the terms and conditions in this Make Believe+ Subscriber Agreement, Make Believe+ grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
Install and make non-commercial, personal use of the Make Believe+ Service; and
stream or temporarily download copyrighted materials, including but not limited to videos, other entertainment, trailers, bonus materials, images, and artwork (the ” Make Believe+ Content”) that are available to you from the Make Believe+ Service.
This is a license agreement and not an agreement for sale or assignment of any rights in the Make Believe+ Content or the Make Believe+ Service. The purchase of a license to stream or temporarily download any Make Believe+ Content does not create an ownership interest in the Make Believe+ Content. Such Make Believe+ Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Make Believe+ Content, is owned by Make Believe+, its affiliates and/or other licensors, and is protected by the copyright laws of the United Kingdom, as well as other intellectual property laws and treaties.
Restrictions on Your Use of the Make Believe+ Content. You agree that as a condition of your license, you may not and agree not to:
circumvent or disable any content protection system or digital rights management technology used in connection with the Make Believe+ Service to control access to the Make Believe+ Content;
copy the Make Believe+ Content (except as expressly permitted by this Make Believe+ Subscriber Agreement);
rebroadcast, transmit or perform the Make Believe+ Content available via the Make Believe+ Service;
create derivative works of the Make Believe+ Content; or allow third parties to violate the above restrictions.
Restrictions on Your Use of the Make Believe+ Service. You agree that as a condition of your license, you may not and agree not to:
move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Make Believe+ Service and/or video player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player;
modify the Make Believe+ Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the Make Believe+ Content or the Make Believe+ Service;
access or use the Make Believe+ Service in a manner that suggests an association between you and/or any other party with our products, services or brands;
use the Make Believe+ Service for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theatre, etc.) or build a business utilizing the Make Believe+ Content or Make Believe+ Service, whether or not for profit;
create derivative works of any Make Believe owned components of the Make Believe+ Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Make Believe+ Service;
access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Make Believe+ Service using a robot, spider, scraper or other automated means or manual process without our express written permission;
damage, disable, overburden or impair the Make Believe+ Service;
use the Make Believe+ Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Make Believe+ Subscriber Agreement;
share your login credentials with third parties; or
otherwise allow third parties to violate the above restrictions.
Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above is a violation of the rights of Make Believe+ and the copyright holder.
Make Believe+ Compatible Devices. Use of the Make Believe+ Service requires compatible devices, and certain software may require periodic updates, and your use of the Make Believe+ Service may be affected by the performance of these elements. You can access Make Believe+ Content with almost any Internet-connected computer or through the Make Believe+ application available for certain mobile or other devices (Internet connection required) (each, a “Compatible Device”). For details concerning supported devices, operating systems, web browsers and optimal streaming support please visit our Help Centre. You can add a Compatible Device to your Make Believe+ account by downloading the Make Believe+ application to the Compatible Device and by signing into your Make Believe+ account through the application.
Internet Connection. You must have a high-speed Internet connection in order to access and use certain aspects of the Make Believe+ Service.
Streaming Make Believe+ Content. Make Believe+ Content can be streamed through the Make Believe+ Service over an active Internet connection.
Profiles. Make Believe+ offers the option to personalise use of the Make Believe+ Service through the creation of one or more profiles under one account.
Make Believe+ Content Availability. Certain Make Believe+ Content available through the Make Believe+ Service subscription may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are accessing the Make Believe+ Service, and we may use different technologies and methods to verify your geographic location.
Force Majeure. It is possible that the Make Believe+ Service and/or some or all Make Believe+ Content may not be available for streaming or downloading at any given time including (i) during any maintenance or update periods, (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties (“Force Majeure”). Make Believe+ will take reasonable efforts to provide you with as much prior notice as possible of service interruption. Where the Make Believe+ Service is unavailable for reasons beyond our control or our third-party service providers, Make Believe+ shall have no liability to you. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access Make Believe+. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice.
Suspension and Discontinuance of Make Believe+. You agree that we will not be liable to you for any suspension or discontinuance of the Make Believe+ Service. If you are a subscriber and we suspend or discontinue your subscription to the Make Believe+ Service, we will provide you with a credit, refund, discount or other form of consideration corresponding to the duration of your suspended or discontinued access. However, if we terminate your account or suspend or discontinue your access to the Make Believe+ Service due to your material violation of the Make Believe+ Subscriber Agreement, or as a result of Force Majeure, then you will not be eligible for any such credit, refund, discount or other consideration.
Promotional and Experimental Features. In our continued assessment of the Make Believe+ Service, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Make Believe+ Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of Make Believe+ shall be governed by this Make Believe+ Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement version.
USE AND SHARING OF YOUR INFORMATION
You acknowledge that Make Believe+ is the data controller responsible for the processing of your personal data in order to provide you with the Make Believe+ Service.
SUSPENSION AND TERMINATION
You agree that Make Believe+ may, in its sole discretion and without advance notice or liability to you, insofar as possible under local laws, restrict, suspend, or terminate your access to part or all of the Make Believe+ Service and to any Make Believe+ Content if Make Believe+ believes you are using or have used the Make Believe+ Service in material violation of the Make Believe+ Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, Make Believe+ may restrict or suspend your access to your Make Believe+ account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Make Believe+ reasonably believes that your Make Believe+ account has been created fraudulently, your Make Believe+ account has been accessed fraudulently, or anyone uses your Make Believe+ account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Make Believe+ also reserves the right, after notice to you, to terminate any Make Believe+ account that remains inactive for one year (failure to log in to your Make Believe+ account will constitute inactivity for purposes of this Make Believe+ Subscriber Agreement).
Upon termination of your Make Believe+ account, whether terminated by Make Believe+ or at your request (other than a cancellation of your subscription, in which case your subscription will continue to the end of the billing period), you will immediately lose the right to access streamed Make Believe+ Content through the Make Believe+ Service and within a limited period lose the right to view Make Believe+ Content downloaded within the Make Believe+ Service.
You understand and agree that the Make Believe+ Content you receive through the Make Believe+ Service is intended for informational and entertainment purposes only. The Make Believe+ Content does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
Make Believe+ Content Subjectivity. Make Believe+ Content tends to elicit varying reactions among different people. You may come across Make Believe+ Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation, and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Make Believe+ Content is appropriate for your family.
Photosensitivities. Make Believe+ Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivities.
Make Believe+ Content Quality. We use various technologies to provide you with an optimal viewing experience. For example, HD and 4K Ultra HD quality is available for certain Make Believe+ Content. That said, the playback quality of Make Believe+ Content, including resolution, may be affected by the format of the Make Believe+ Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices used, among other factors. The time it takes you to begin viewing Make Believe+ Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Make Believe+ Content you have selected, and the configuration of the device you are using.
Mobile Networks. When you access the Make Believe+ Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Make Believe+ Service may be prohibited or restricted by your network provider and the Make Believe+ Service may not work with your network provider or device.
Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Make Believe+ does not claim ownership over any ideas, suggestions, or other materials submitted. Contact Information.
You may contact Make Believe+ as follows: email@example.com
Disclaimers; liability limitation. You have certain legal rights with respect to the Make Believe+ Service and nothing in this Make Believe+ Subscriber Agreement affects those rights. Except as required by law or as expressly stated by Make Believe+, Make Believe, its affiliates, licensors, agents, and service providers (collectively “the Make Believe+ Parties”) do not offer and expressly disclaim any promises or guarantees in relation to the Make Believe+ Content and the Make Believe+ Service. You and not the Make Believe+ Parties assume the entire cost of all necessary servicing, repair or correction occasioned by use of the Make Believe+ Content and the Make Believe+ Service, except where any damage to a device or other digital content belonging to you is as a result of the supply of Make Believe+ Content and such damage is of a kind that would not have occurred had Make Believe+ exercised reasonable care and skill (in which case the limitation below shall apply in respect of such damage).To the extent not prohibited by applicable law, in no event shall the Make Believe+ Parties be liable for any personal injury, or any indirect, special, incidental or consequential damages of any kind, including lost profits and property damage, even if we were advised of the possibility of such damages, that result from the use of, or inability to use the Make Believe+ Content or the Make Believe+ Service, however caused. Nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control.
Jurisdiction. Any dispute between you and The Make Believe Group or its affiliates shall be settled by the competent Court as set forth in the applicable rules.
Choice of Law. This Make Believe+ Subscriber Agreement and any dispute or claim arising out of or in connection with this Make Believe+ Subscriber Agreement are governed by and construed in accordance with the laws of England and Wales, without prejudice to the mandatory rules that may apply in your country of residence.
Severability. If any provision of this Make Believe+ Subscriber Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You and Make Believe+ shall replace the unlawful, void or unenforceable part by provisions which are valid and binding and the effect of which given the contents and purpose of this Make Believe+ Subscriber Agreement, are, to the greatest extent possible, similar to that of the invalid, void or unenforceable part.
Survival. The provisions of this Make Believe+ Subscriber Agreement which by their nature should survive the termination of this Make Believe+ Subscriber Agreement shall survive such termination.
Dispute resolution. You can find out about the European Commission’s Online Dispute Resolution (ODR) platform here: http://ec.europa.eu/consumers/odr. At present, we do not use alternative dispute resolution (ADR), including through the ODR platform as a means of settling consumer complaints. If you have a complaint please contact us directly at firstname.lastname@example.org
Prevailing language. You acknowledge and agree that if any future amendments or communications are sent by the Make Believe+ Service in a different language as selected by you, those future amendments and communications shall be valid and in the case of amendments, shall be effective in law.