EVIL PENGUIN TV – TERMS OF USE

 

 

EVIL PENGUIN TV is owned by MOTORMUSIC BVBA, a company established under the laws of Belgium, having its registered office at 2800 MECHELEN, Kanunnik De Deckerstraat 22-24 and with company number 0453.832.316. Both EVIL PENGUIN TV and MOTORMUSIC BVBA are hereinafter referred to as “EP”.

EP provides a personalized subscription service that allows members to access Belgium’s finest art affairs (classical music – jazz – choral music - opera - dance - (music) theatre) (“EP content”) streamed over the internet to certain internet-connected TV’s, computers and other devices.

These Terms of Use govern your use of our service. As used in the Terms of Use, “EP service”, “our service” or “the service” means the personalized service provided by EP for discovering, watching and listening to EP content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service. 

1. Membership

1.1 You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the EP service. Minors may only use the service under the supervision of an adult.

1.2 To use the EP service you must have internet access and an EP ready device, and provide us with one or more Payment Methods. "Payment Method" means 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. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below). 

1.3 We may 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. 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.

The following membership plans exist:

  • A free membership, with access only to the “weekly freebie”, a weekly video that can be watched for free and streamed unlimited.

  • A monthly membership, where you pay a fixed price per month and have access to the weekly freebie and the entire catalog of EP. The monthly membership shall be renewed tacitly per month, unless a request for termination has been sent to ellen@evilpenguin.eu at the latest the 15th of the current month.

  • An annual membership, where you pay a fixed price per year and have access to the weekly freebie and the entire catalog of EP. The annual membership shall automatically end after one (1) year and shall then, at your request, be renewed for a consecutive period of one (1) year.

2. Billing and Cancellation

2.1 Payment Methods

To use the EP service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. 

The prices we charge for our services are listed on our website. Depending on your subscription, the price will be charged on a monthly or yearly basis.

2.2 Updating Payment Methods

You can update your Payment Methods on the website. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). 

2.3 Cancellation

You can cancel your EP membership at any time, and you will continue to have access to the EP service through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial - month membership periods or unwatched EP content. To cancel your membership, get in touch with ellen@evilpenguin.eu.

We may permanently or temporarily terminate or suspend your membership without notice or liability whatsoever, if in our sole determination you violate any provision of these Terms of Use or any applicable laws or regulations.

2.4 Changes to the Price and Subscription Plans

The prices we charge for our service are listed on our website. 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 to subsequent billing cycles following notice of the change(s) to you.

 

3. EP Service

3.1 The EP 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 EP membership we grant you a limited, non-exclusive, non-transferable right to access the EP service and view EP 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.

3.2 The EP service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of EP content.

3.3 You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the EP service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the EP service; use any robot, spider, scraper or other automated means to access the EP service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the EP service; insert any code or product or manipulate the content of the EP 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 the EP service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service. 

 

4. Indemnification

You agree to indemnify and hold EP harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against EP by any third party due to or arising out of or in connection with your use of the EP service.

 

5. Limitation of Liability

To the maximum extent permitted by applicable law, EP shall in no event be liable for any indirect, punitive, incidental, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. To the maximum extent permitted by applicable law, EP assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

6. Miscellaneous

6.1 Survival

If any provision or provisions of these Terms of Use shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.​

6.2 Changes to the Terms of Use 

EP may, from time to time, change these Terms of Use. We will notify you at least thirty (30) days before such changes apply to you.

6.3 Electronic Communications

EP will send you information regarding your account in electronic form only, via e-mails to the e-mail address provided during registration.

6.4 Governing law and Jurisdiction

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Belgium. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Antwerpen (Belgium). The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.