Terms of Use
1. Scope of Application and Use
"1.1 These Terms of Use shall apply to use of the offering on the website https://trinianplay.com (hereinafter “Website”) and in the TrinianPlay apps (hereinafter "TrinianPlay" in both cases) of TRINIAN ENTERPRISE LTD (hereinafter "we" or "us")."
1.2 The use of the service on TrinianPlay is intended for personal and non-commercial use only and only for users of adult age. Any user who is not yet an adult must have the permission of his/her parents or legal guardian, insofar as this is legally permissible, and the parents or legal guardian must have acknowledged these Terms of Use.
1.3 Applications for mobile devices (TrinianPlay apps or apps) are normally not provided by us directly, but by a third-party provider (hereinafter "App Store"). We do not warrant that TrinianPlay will be identical on all mobile terminal devices in terms of functionality and design. Additionally, users should view their respective App Store's terms of use.
1.4 TrinianPlay shall be made available "as it is" and "as available" without any warranty whatsoever being provided explicitly or by implication. We expressly refuse to give any representations or warranties, including implied warranties of merchantability, applicability for a specific purpose, availability, safety, ownership or non-infringement of rights.
We do not warrant that TrinianPlay is free of inaccuracies, faults, bugs or interruptions, or that it is reliable, faultless, complete and otherwise valid. We do not warrant that TrinianPlay meets the user's requirements, that it will be available without interruption, or that the results of its use will be accurate or reliable, that the quality of the products, services, information or other material received via TrinianPlay will meet the user's expectations, or that faults regarding TrinianPlay will be rectified.
Use of TrinianPlay shall take place at the user's own discretion and his/her own risk. The user shall bear sole responsibility for all damage or loss incurred as a result of his/her use of TrinianPlay, including damage to his/her system or loss of data.
1.5 We reserve the right to adapt and update these Terms of Use.
2. Usage Options
2.1 Users can use TrinianPlay's offerings without having to create an account. On TrinianPlay, users can, among other things, discover films and series and obtain information on where these can be legally streamed.
2.2 However, users can also use TrinianPlay with a free account. To do so, they merely need to register using a Google or Facebook account or an email address. A free account has the advantage that users can create a personal watchlist and access it from any device by logging in. In addition, users with an account can connect to the TrinianPlay TV app.
5. Liability
5.1 We preclude, insofar as permissible, all liability for indirect or accidental damage or loss, consequential damage or loss, lost profit, quantifiable pecuniary losses that arise from or in connection with the use of TrinianPlay, regardless of whether such damage or loss is due to breach of contract, breach of warranty or tort (including, but not limited to, negligence and product liability) or to any other financial loss. In this respect, it is irrelevant whether or not the possibility of such damage or loss has been pointed out to the user.
5.2 This limitation of liability shall not apply to wrongful intent or gross negligence or to loss arising from injury to life, limb or health.
5.3 TrinianPlay may contain links to third-party websites over whose content we have no influence. Therefore, we are also unable to provide any warranty for such external content. The respective provider or operator of the sites shall always be responsible for the content. The sites linked to were checked for possible breaches of the law at the time of the creation of the link, and no unlawful content was detectable.
Without any specific indications of a violation of the law, however, it is unreasonable to expect continual monitoring of the content of the sites linked to. Upon becoming aware of violations of the law, we shall remove such links immediately.6. Service Content, Software and Copyright
6.1 Users acknowledge and agree that TrinianPlay may contain information, materials, content or features, including software underlying the Website (“Service Content”) that are protected by copyright, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by TrinianPlay, users agree not to modify, copy, reverse engineer, reverse assemble or otherwise attempt to discover any source code in the Website, or to frame, scrape, rent, lease, loan, sell, assign, sublicense, distribute or create derivative works based on, or reproduce, display, publicly perform, or otherwise use the Service Content in any way for any public or commercial purpose or transfer any right or interest in the Website, in whole or in part. In connection with the use of the Website users will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If users are blocked by TrinianPlay from accessing the Website (including by blocking of IP address), users agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website and Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website or distributed in connection therewith are the property of TrinianPlay, our affiliates and our licensors. Any rights not expressly granted herein are reserved by TrinianPlay. If users violate any part of this Terms of Use, the right to access and/or use the Service Content and Website shall automatically terminate and users shall immediately destroy any copies they have made of the Service Content.
6.2 Without prejudice to our other rights or remedies, we reserve the right to take legal proceedings against users for reimbursement of all costs or losses resulting from the breach of this section of the Terms of Use, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.
6.3 Where the content on this site has not been created by us, the copyrights of third parties shall be respected. We request that the user inform us accordingly if he/she becomes aware of any copyright infringement. Upon becoming aware of violations of the law on TrinianPlay, we shall remove such content immediately.
7. Data Privacy
We process personal data exclusively in accordance with the provisions of the General Data Protection Regulation and the relevant data protection laws. Detailed information on the processing of users' personal data can be found in the Privacy Policy.
8. Miscellaneous
8.1 These Terms of Use are subject to German law.
8.2 TrinianPlay does not participate in an alternative dispute settlement procedure before a consumer dispute resolution entity and is not legally obliged to do so. Users can find the link to the EU's consumer dispute resolution portal here.
8.3 If any individual provision of the Terms of Use is or becomes ineffective or inoperable, this shall not affect the effectiveness of the remaining provisions.