Welcome to Rextale, provided to you by REXTALE INC., a Scotland limited liability company, which does business as RexTale, and which will be referred to here as “RexTale,” the “Company,” or by words such as “us,” “we,” or “our”. As used here, the term “Website” means www.rextale.com, be it the full version of it, designed for PCs, or the mobile version of the website, working on mobile devices. The Website will enable you to browse, purchase access to, and read, in digital form, the RexTale magazines and any related content available through the Website (“Digital Content”). The term “Service” refers to each of, and any combination of, the Website, the Digital Content, and related RexTale services for discovering and watching our digital magazines, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.
To use the Rextale service you must have Internet access and an appropriate device. Also, to use the RexTale service in any of its forms, solicited in this agreement, you must be registered in the RexTale system. In order to get access to paid content, you must have a current, valid, accepted method of payment.
Passwords & Account Access
The member who created the RexTale account and whose Payment Method is charged (the “Account Owner”) has access and control over the RexTale 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 not reveal the password nor the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) 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.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the RexTale website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We can terminate your account or place your account on hold in order to protect you, RexTale or our partners from identity theft or other fraudulent activity.
Quality of Display
The quality of the display of the RexTale magazines and streaming videos may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching a movie or TV show will vary based on a number of factors, including your location, available bandwidth at the time, the magazine or specific video you have selected and the configuration of your device.
The RexTale RexTale display software is developed by, or for, RexTale and is designed to enable the display and streaming of content from RexTale through to appropriate devices. This software may vary by device and medium, and functionalities may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you will automatically receive updated versions of the RexTale and related third-party software. If your RexTale ready device is sold, lost or stolen, please deactivate your account or change your password. If you fail to deactivate your account or change your password, subsequent users may access the RexTale service through your account and may be able to access certain of your account information.
Changes to the Price and Service Plans
We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following email notice to you.
Limited License to Digital Content
Subject to your complete and ongoing compliance with all the terms and conditions set forth in this Agreement and any applicable Supplemental Terms (including, without limitation, payment of any applicable fees, including fees for Digital Content you license), the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Digital Content for your personal, non-commercial use. Such license does not confer on you any ownership interest in such Digital Content. Words such as “purchase” or “sale” (and similar terms, including all tenses), as applied to Digital Content (including any Digital Content the Company makes available for free), refer to the grant to you of a limited license as described herein.
The RexTale service and any content viewed through the service are for your personal and non-commercial use only. During your RexTale membership we grant you a limited, non-exclusive, non-transferable, license to access the RexTale service and view the RexTale magazines on a streaming-only basis. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
Limitations on Use
You may not, and may not encourage, authorize, or assist others to:
- Reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the Service, or make or attempt to make any modification to the Service;
- Modify, defeat, interfere with, or circumvent any feature of the Service, including any security or access control mechanism, including features requiring payment of the applicable purchase price for any Digital Content;
- Attempt to probe, scan or test the vulnerability of the Service or to breach any security or authentication measures, regardless of your motives or intent;
- Attempt to damage, interfere with, or disrupt the Service to any user, processor, host or network, including by submitting a virus, worm, Trojan horse or any other similar means;
- Attempt to disguise the origin of any message or transmittal that you send to or through the Service, including by forging headers or otherwise manipulating identifiers;
- Pretend that you are, or that you represent, someone else or impersonate any other individual or entity;
- Intercept any system data, personal information, or other data relating to the Service;
- Remove any proprietary notices or labels on the Digital Content or other components of the Service;
- Access or use the Service for any unlawful purpose;
- Take any action that would impose an unreasonable or disproportionately large load on our network or other infrastructure;
- Use or launch any automated system, including any “deeplink”, “page-scrape”, “robot,” “spider,” “offline readers,” or other method or system that accesses, acquires, copies, or monitors any part of the Service in a manner that sends more requests to the Company’s servers or other infrastructure in any period of time than a human being could reasonably produce in the same period of time by conventional manual means (provided that the Company grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and the Company reserves the right in its sole discretion and at any time to revoke such permission either generally or in specific cases).
The Company reserves the right to revoke your access to the Digital Content if you violate the terms of this Agreement, any applicable Supplemental Terms, or the Company cannot lawfully continue to permit such license. You acknowledge and agree that Digital Content may not be available to view, use or display under certain conditions, such as due to restrictions imposed by owners or licensors of Digital Content or if the Company or the owner or licensor of the Digital Content no longer has the legal rights necessary to authorize distribution of that Digital Content. The Company may modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable before you access it but after you purchase it, your sole and exclusive remedy, and the Company’s sole and exclusive obligation, is a refund of the purchase price paid for such Digital Content. Any unauthorized use by you of the Digital Content automatically terminates the license set forth in this Agreement, without prejudice to any other remedies provided by applicable law or this Agreement.
If you are prohibited under applicable law from using the Service you may not use it.
You must be at least eighteen (18) years old to use the Service, except to the extent that a different minimum age is stated in any applicable Supplemental Terms, in which case such different minimum age applies to the services covered by such Supplemental Terms. Use of the Service by anyone under the age of eighteen (18) (or under such other age as may apply under applicable Supplemental Terms) is unauthorized and unlicensed. In all cases, if you are under eighteen (18) years old, you may only use the Service with the approval of your parents or guardian.
Use of the Service for a commercial purpose is unauthorized and unlicensed.
RexTale does not accept unsolicited materials or ideas for movies or TV shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to RexTale.
Intellectual Property and Other Rights
The Service is owned and operated by the Company. The Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service (the “RexTale Materials”), are protected by the laws of the United States and other jurisdictions relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark laws, as well as laws relating to data protection and security. All RexTale Materials, including intellectual property rights therein and thereto, are the property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use the RexTale Materials except as expressly authorized by this Agreement. The Company reserves all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest in or to the RexTale Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement.
We respect the intellectual property rights of others. If you believe that any content on the Service infringes your intellectual property rights, you should contact us using the information below and provide sufficient information for us to investigate the claim further.
If you wish to submit a notification of copyright infringement under the Digital Millenium Copyright Act, please submit a written notice that includes (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted, (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent to receive notices of claimed copyright infringement is:
Rextale Production Lp
Suite 4238 Mitchell House
5 Mitchell Street
Fees and Payment
Certain features of the Service, such as purchasing a license to view certain Digital Content, require the payment of fees. All such fees must be paid in advance. All transactions are final and, except as expressly provided herein, the Company does not issue any refunds. The Company reserves the right to modify prices and fees applicable to future transactions at any time for any reason in its sole discretion.
Third Party Fees
The use and operation of your mobile or other device and your use of mobile or fixed network services in connection with your use of the Service may be subject to separate third party terms of service and fees (such as roaming, data, and other applicable fees charged by your mobile network operator). You are solely responsible for payment of any and all such fees and compliance with any and all applicable terms.
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
Warranties and Limitations on Liability
The RexTale service is provided “as is” and without warranty. In particular, our service may not be uninterrupted or error-free. You waive all special and consequential damages against us, and any direct damages exceeding one month’s membership fee. 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.
To the maximum extent permitted by applicable law, all matters arising out of or relating to this Agreement shall be governed by the laws of Scotland.
Use of the Service is unauthorized and unlicensed wherever it is unlawful under applicable law. You may not use the Service at any place or in any manner that would violate any applicable technology control, export, or import laws. Any offer of any feature, product or service is void where prohibited. The Company may limit or deny to any person, in its sole discretion, access to any feature, product or service.
If any provision of this Agreement is held to be unlawful, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect, and to the maximum extent permitted by applicable law, the illegal, invalid or unenforceable provision shall be amended to achieve as closely as possible the common intentions of the parties as expressed in the original term.
Captions and Terminology
The title of and captions in this Agreement are for the convenience of the reader and shall not affect the interpretation of the Agreement. The terms “include,” “includes,” “including,” and “such as” mean “include, without limitation,” “includes, without limitation,” “including, without limitation,” and “such as, but not limited to,” respectively.
The Company may, in its sole discretion, assign its rights and/or delegate its duties under this Agreement. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the Company, which the Company may withhold in its sole discretion, shall be void.
This Agreement is the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, arrangements, understandings, and representations, whether oral or written, regarding the subject matter hereof. This Agreement may be changed only by the Company.
Failure by the Company to exercise, or delay in exercising, a right, power, or remedy available under this Agreement or applicable law shall not constitute a waiver of that right, power or remedy. Waiver by the Company of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or other breach of this Agreement.