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Terms

Overview:

Welcome to Istikana. We are an online subscription service, providing our members with access to motion pictures, television and other audio visual entertainment ("movies & TV shows") streaming over the Internet to certain Internet-connected TV's, computers and other devices ("Istikana ready devices"). We've put together here some detailed terms and conditions. You should read and understand them as they govern your use of our service.

These Terms of Use provide that all disputes between you and Istikana will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Istikana.

These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works. For your convenience, we've indexed the Terms of Use so as to help you more easily navigate and access areas of interest. We hope you enjoy your Istikana experience.

Please note that these Terms of Use include embedded hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain Istikana ready devices (for example, game consoles or Internet enabled televisions), you may need to visit the website to review these additional hyperlinked terms.

Acceptance of Terms of Use

These Terms of Use, which include our Privacy Policy and End User License Agreement ("EULA") govern your use of the Istikana service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the "Istikana service" or "service"). By using, visiting, or browsing the Istikana service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Istikana service, including our website and user interfaces.

These Terms of Use govern your use of the Istikana service and you should read them carefully. The Istikana service is provided by Istikana, Inc., or one of its affiliated companies.

Changes to Terms of Use

Istikana reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and EULA, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of the pages of the Istikana website. The most current version of the Terms of Use will supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Use are updated.

Privacy and Communications Preferences

Any personally identifying information submitted through the Istikana service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using our service, you are consenting to receive certain communications from us. For example, Istikana may send you newsletters about new Istikana features, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there.

By using the Istikana service, you consent to receiving electronic communications from Istikana. These communications may include notices about your account and information concerning or related to our service. These communications are part of your relationship with Istikana and you receive them as part of the Istikana membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Membership and Billing

Billing

By starting your Istikana membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Istikana service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information).

Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit the settings page of you device to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your Istikana membership or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.

If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Membership

Your Istikana membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Cancellation

You may cancel your Istikana membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, visit our website and click on "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership."

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

How Our Streaming Service Works

Istikana is an online subscription service providing its members with access to movies & TV shows streaming over the Internet to Istikana ready devices. These devices are manufactured and sold by entities other than Istikana.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Availability. The availability of movies & TV shows to instantly watch will change from time to time, and from country to country. The quality of the display of the streaming movies & TV shows 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. Istikana streams a little bit of data as a buffer each time you start a movie or TV show. Frequently starting and stopping movies & TV shows will result in a minor increase to the amount of data Istikana streams to you per hour. In most cases this will be less than a few minutes worth. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Istikana makes no representations or warranties about the quality of your instant watching experience on your display.

Start Time: The time it takes to begin watching a movie or TV show instantly will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show you have selected and the configuration of your Istikana ready device. For example, high-speed action scenes or special effects at the opening of a movie or TV show may slightly delay its start time. In addition, you must be connected to the Internet throughout the watch instantly experience.

Geographic Limitation: You may instantly watch a movie or TV show through the Istikana service only in geographic locations where we offer our service and have licensed such movie or TV show. The content that may be available to watch will vary by geographic location. Istikana will use technologies to verify your geographic location.

Istikana streaming software: Istikana streaming software is developed by, or for, Istikana and is designed to enable instant streaming of content from Istikana through Istikana ready devices. This software may vary by device and medium, and functionalities may also differ between devices. This software is licensed to you by Istikana pursuant to these Terms of Use and solely for the purpose of using the Istikana service and for no other purpose whatsoever. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE.

Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and Istikana reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Istikana service through such software at any time, without prior or any notice.

END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE ISTIKANA SOFTWARE END USER LICENSE AGREEMENT AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE ISTIKANA AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.

We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. In addition, Istikana ready devices are manufactured and sold by entities other than Istikana. A Istikana ready device is any electronics equipment that is authorized to decode and capable of decoding movies & TV shows that are transmitted over the Internet by Istikana. These devices may include mobile devices, stand alone set-top boxes, Internet connected Blu-ray DVD players, Internet-connected HDTVs, and game consoles. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Istikana service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.

In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all movies &TV shows may not be watched, or may cease to be available for watching instantly, through our service on some Istikana ready devices.

Features & Functionality

Social Media

For members in certain countries, you'll be able to take advantage of various social features as part of the Istikana service, such as Facebook, Twitter and other social media services. These features are designed to share information with others - the essence of social media. Please pay careful attention to your Facebook settings as well as your Privacy Settings in Facebook which will impact this feature and may give you some control over the information that is shared and who it is shared with. Also, please see our Privacy Policy to learn more about the scope, extent and uses of information we gather. Please note that your privacy settings on Facebook do not control information disclosure on Istikana

Account activity will be posted to the Facebook account at your discretion.

We hope that you find the social media sharing features to be a great way to share information, including discovering new movies & TV shows. Facebook may also offer ways to manage the information you share with Istikana. See the Facebook website for details.

We and Facebook are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Use.

Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Istikana service. These Applications may import data related to your Istikana account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Istikana is not responsible for and does not endorse the content of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY ISTIKANA AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. Some of these Applications may even use Istikana trademarks. Unless otherwise noted by Istikana on the Istikana website, Istikana is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your Istikana account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Istikana account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Istikana has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold Istikana harmless for the sharing of information relating to your Istikana account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your Istikana account information with, through or by any other means identified on an Application. In addition, the Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application's access to your Istikana account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Istikana, unless otherwise indicated by Istikana. ISTIKANA DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

Account Access; Identity Protection

In order to provide you with ease of access to your account and to help administer the Istikana service, Istikana implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Istikana service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account details and for restricting access to your Istikana ready device. If you disclose your details to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a Istikana ready device, you should logout and/or deactivate the device before doing so. Similarly, if your Istikana ready device is lost or stolen, please deactivate the Istikana ready device. If you fail to log out or deactivate your device, subsequent users may access the Istikana service through your account and may be able to access certain of your account information.

Disclaimers of Warranties and Limitations on Liability

THE ISTIKANA SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE ISTIKANA SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ISTIKANA SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. ISTIKANA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ISTIKANA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT ISTIKANA MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE ISTIKANA SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. ISTIKANA SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, ISTIKANA READY DEVICES, AND ISTIKANA SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Istikana service or on the Istikana website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Istikana service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Istikana website, user interfaces, or otherwise through the Istikana service; and (vii) any losses or damages arising from the use of the content provided on the Istikana website, user interfaces, or otherwise through the Istikana service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the Istikana service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies &TV shows from the Istikana service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not represent or guarantee that your use of the Istikana service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Istikana or its affiliated parties.

IN NO EVENT SHALL ISTIKANA, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ISTIKANA SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE ISTIKANA SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE ISTIKANA SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. ISTIKANA MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING ISTIKANA READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service. Click here to view the Istikana End User License Agreement.

Intellectual Property

Copyright

The Istikana service, including all content included on the Istikana website and user interfaces, or delivered to members as part of the service, including, but not limited to, movies & TV shows you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Istikana or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Istikana on our website and user interfaces, or in connection with the Istikana service are the exclusive property of Istikana and its licensors and are protected by the copyright and trade secret laws in the territories in which the Istikana service operates and by international treaty provisions.

Content shall not be reproduced or used without express written permission from Istikana or its licensors. You agree to adhere to the restrictions set forth under "Istikana streaming software" and "Limitations on Use." You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Istikana service, not to insert any code or product or manipulate the content of the Istikana service in any way, and not to use any data mining, data gathering or extraction method. Istikana reserves the right to terminate your membership hereunder if Istikana, in its sole and absolute discretion, believes that you are in violation of Istikana software restrictions, restrictions against copying movies & TV shows provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of Istikana and its licensors. Istikana does not promote, foster or condone the copying of movies &TV shows or any other infringing activity. The use of the Istikana service, including movies &TV shows made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Istikana service, including any on the Istikana website and user interfaces.

Entertainment and Service Content

We distribute movies, television, and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Istikana service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Istikana service are those of the respective authors or producers and not of Istikana, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Istikana, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Istikana service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Istikana service.

Use of Information Submitted

Istikana is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Istikana service, including the Istikana website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Istikana service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note Istikana does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Istikana. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Istikana and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies &TV shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Customer Service

If you need assistance with your account, you may find answers anytime on our FAQ page within your device, where you will find the answers to many frequently asked questions. If that does not solve your issue, we are always reachable on support@istikana.com where we will reply to you as soon as we reasonably can.

Your Conduct in Accessing the Istikana Service

By accessing the Istikana service, including the Istikana website and user interfaces, you agree to use the Istikana service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Istikana service. You also agree not to impersonate any other person while using the Istikana service, conduct yourself in a vulgar or offensive manner while using the Istikana service, or use the Istikana service for any unlawful purpose.

You agree that all of the foregoing restrictions apply not only to the Istikana service, but also to the servers and networks connected to any portions of the Istikana service whether operated by Istikana or third parties ("Networks"). You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else\u2019s use of Networks, use Networks to gain unauthorized access to any service, data, account or other networks, use Networks to falsify any protocol or email header information (e.g., "spoofing"), use Networks to send "spam" (i.e., unsolicited bulk email or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks.

Limitations on Use

Unless otherwise specified, the Istikana service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the Istikana service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (unless otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Istikana service, without our express written consent. Istikana does not promote, foster or condone the copying of movies & TV Shows, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Istikana service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Istikana without our express written consent. You may not purchase search terms or use any meta tags or any other "hidden text" utilizing the Istikana name or trademarks without our express written consent. Any unauthorized use of the Istikana service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.

Claims of Copyright Infringement

It is the policy of Istikana to respect the intellectual property rights of others. Istikana does not condone the unauthorized reproduction or distribution of movies, TV shows, or other copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Istikana service, please notify us by emailing us on content@istikana.com .

Please note that we will not be able to respond to customer service or other unrelated issues submitted through the copyright claims email above. For queries that are not related to copyright matters, please email us on support@istikana.com

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Arbitration Agreement

You and Istikana agree that any dispute, claim or controversy arising out of or relating in any way to the Istikana service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Istikana are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Istikana membership.

If you elect to seek arbitration, you must first send to Istikana, by certified mail, a written Notice of your claim ("Notice"). The Notice to Istikana should be addressed to: Istikana, Ltd., Suite 6, Mill Mall, P.O.Box 3085, Wickhams Cay1, Road Town, Tortola, British Virgin Islands ("Notice Address"). If Istikana elects to seek arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Istikana, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Istikana and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Istikana may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Istikana or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Istikana receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Istikana and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Istikana\u2019s last written settlement offer made before an arbitrator was selected (or if Istikana did not make a settlement offer before an arbitrator was selected), then Istikana will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

YOU AND ISTIKANA 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, unless both you and Istikana agree otherwise, the arbitrator 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.