Last Updated: 03 June 2020
Tibia provides a personalized service (subscription & freemium) that allows our users to access Tibia Content in various genres (Music, Sports, Podcast, Films & Faith) streamed over the Internet to certain Internet-connected TVs, computers and other smart devices.
1. Membership 1.1. Your Tibia membership will continue until terminated. To use the Tibia service you must have Internet access and a smart 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). 1.2. 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. 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 Tibia membership by visiting our website and clicking on the “Account/Profile” link available at the top of the pages of the Tibia website under your profile name.
2. Free Trials 2.1. Your Tibia membership may start with a free trial. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new members and certain former members to try the service. 2.2. Free trial eligibility is determined by Tibia at its sole discretion and we may limit eligibility or duration to prevent 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. We may use information such as device ID, method of payment or an account email address used with an existing or recent Tibia membership to determine eligibility. For combinations with other offers, restrictions may apply. 2.3. 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.
3. Billing and Cancellation 3.1. Billing Cycle. The membership fee for the Tibia service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the “Billing details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. 3.2. Payment Methods. To use the Tibia 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. 3.3. Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. 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). 3.4. Cancellation. You can cancel your Tibia membership at any time, and you will continue to have access to the Tibia service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched Tibia content. To cancel, go to the “Account” page and follow the instructions for cancellation. 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 Tibia using your account with a third party as a Payment Method and wish to cancel your Tibia 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 Tibia service through that third party. You may also find billing information about your Tibia membership by visiting your account with the applicable third party. 3.5. 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.
4. Tibia 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 Tibia service. Minors may only use the service under the supervision of an adult. 4.2. The Tibia 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 Tibia membership we grant you a limited, non-exclusive, non-transferable right to access the Tibia service and view Tibia 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.
4.3. You may view the Tibia 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 number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the “Account” page. 4.4. The Tibia 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 Tibia content.
5. Passwords and Account Access. The member who created the Tibia account and whose Payment Method is charged (the “Account Owner”) has access and control over the Tibia account and the Tibia ready devices that are used to access our service and is responsible for any activity that occurs through the Tibia 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 Tibia 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, Tibia or our partners from identity theft or other fraudulent activity.
6. Warranties and Limitations on Liability. The Tibia 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.
7. Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND TIBIA 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 Tibia 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.
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