Terms of Service
Please read carefully. These Terms of Service govern the use of FlixFling, LLC’s (“FlixFling,” “us,” “we,” or “our”) service as described below (the “FlixFling Service”). By clicking “I agree” upon account creation at www.flixfling.com/signin, you are indicating that you read this agreement, that you understand it, and that you consent to be bound by all of its terms and conditions, and that you are over the age of eighteen. If you do not agree to these terms, do not click “I agree” and do not use the FlixFling Service. If you do not accept these Terms of Service, you should not use the FlixFling Service, Applications, or our web site, www.FlixFling.com (the “Website”).
Changes to Terms of Service:
FlixFling reserves the right, from time to time, with or without notice to you, to change these Terms of Service in its sole and absolute discretion. The most current version of the Terms of Service will supersede all previous versions. The most current version of these Terms of Service can be accessed by clicking on the “Terms of Service” link located at the bottom of the Website. You should periodically visit the Terms of Service page on the Website so you are aware of the terms and conditions that apply to your use of the FlixFling Service and the Website. Your continued use of the FlixFling Service and the Website will represent your acceptance of the most current Terms of Service.
Description of FlixFling Service:
The FlixFling service is provided by FlixFling, LLC. The FlixFling Service is an Internet-based video on demand and subscription streaming entertainment service that provides access to a library of movies, images, television shows, artwork and/or other episodic content (“Content”) through your computer, your Internet-capable television and/or a proprietary device manufactured by FlixFling or a third party who is licensed to incorporate the FlixFling Service into its device(s) (collectively, the “FlixFling Connected Devices”). Please direct all questions regarding the FlixFling Service to [email protected].
FlixFling reserves the right in its sole and absolute discretion to change how it operates the FlixFling Service and the Website. You should not consider any description of how the FlixFling Service works to be a representation or obligation with respect to how the FlixFling Service will work in the future.
Activating the FlixFling Service:
In order to access and use the FlixFling Service, you must open an account online (“FlixFling Account”). During online setup of your FlixFling Account, these Terms of Service will be provided electronically. You can access a printable/downloadable version of these Terms of Service before selecting “I Agree” by visiting http://www.flixfling.com/terms
FlixFling Service Minimum Requirements:
You must have a high-speed Internet connection, a FlixFling account and a FlixFling Connected Device to use the FlixFling Service. You will be responsible for all costs associated with procuring and maintaining the Internet connectivity and FlixFling Connected Device(s) necessary to access and use the FlixFling Service, including but not limited to any internet connectivity, data transmission or airtime fees charged by internet service providers or mobile phone carriers while accessing the FlixFling Service or Content. The FlixFling Service is available only, and Content can be accessed only, within the 50 states of the United States of America and Canada.
Currently, you can either “rent” or “purchase” Content through the FlixFling Service or subscribe to a FlixFling channel. When you order Content for rental, you will be granted a non-exclusive, non-transferable limited license to access, use in accordance with any additional terms that may be provided with your FlixFling Device, and view the Content within the applicable exhibition period. When you purchase Content, you will be granted a non-exclusive, non-transferable limited license to access, use in accordance with any additional terms that may be provided with your FlixFling Device, and view the Content as often as you like subject to the applicable restrictions described below.
Free Subscription Trial:
If you are a first-time user of the FlixFling Subscription Service, you may be eligible for a free FlixFling trial to use to experience the FlixFling Subscription Service. The trial will be valid for use for up to the number of days specified in the offer when you sign up for your FlixFling Account. The free trial will give you access to the FlixFling channel for free during the specified free trial period. Only one free trial may be redeemed by each end user.
If you rent Content, you will typically have 48 hours to view the title once you complete your transaction.
If you purchase Content, you may view it for as long as you (i) are capable of accessing the FlixFling Service, and (ii) maintain an active FlixFling Account.
FlixFling’s authority to provide Content to you is subject to restrictions imposed by the movie studios and other distributors that make Content available to FlixFling (“Content Providers”). These Content Providers may designate limited periods of time when FlixFling is prohibited from renting, selling and/or streaming certain Content to you, including Content that you have previously purchased. You will be able to again rent, purchase and/or view such Content at the conclusion of these restricted periods.
If you have questions concerning the availability of Content that you have ordered, please contact FlixFling at [email protected].
By using the FlixFling Service, you are expressly agreeing that FlixFling is authorized to charge you any applicable rental, subscription or purchase fees or taxes and any other charges you may incur in connection with your use of the FlixFling Service to the payment method you provided during registration (or to a different payment method if you change your account information). The fees and charges for selected Content, applicable taxes and any other fees incurred will automatically be charged to your FlixFling Account. Fees are payable only in U.S. dollars. FlixFling may change the fees and charges in effect or add new fees and charges from time to time. There may be a temporary disruption of your access to the FlixFling Service until FlixFling can verify the validity of any new credit or debit card information.
Cancellation and Refunds:
You may cancel your FlixFling Account at any time by following the procedures outlined regarding cancellations at http://www.flixfling.com/faq. Any charges and fees paid for Content are non-refundable. Any FlixFling Credits or promotional codes you may have accrued are non-refundable.
Content purchased on FlixFling is nontransferable and will be deleted from your FlixFling Supported Device(s) and your FlixFling Account upon cancellation of your FlixFling Account. Cancellation of your FlixFling Account will also terminate your access to Content that you have purchased and/or rented.
You understand and agree that the Content is licensed by FlixFling from Content Providers. Copyrights in the Content are owned by the Content Providers and protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Except as expressly provided herein, no right, title or interest in the Content is transferred to you. All Content is licensed, not sold, transferred or assigned to you. You have a limited right in the Content for personal, non-commercial use only on FlixFling Connected Devices. You may not edit, modify, copy, distribute, transmit, download, display, perform, reproduce, publish, license, translate, create derivative works from, transfer, alter, adapt, sell, rent, lease or sublicense any Content, or facilitate any of the foregoing. Without limiting the generality of the foregoing, you may not (i) show any Content to any public audience or view it in a public location; (ii) duplicate, reproduce, transfer, record or create copies of Content or any portion thereof (including, without limitation, by “burning,” P2P file-sharing, posting, uploading or downloading) onto any physical medium, memory or device, including without limitation, CDs, DVDs, VCDs, portable media devices, computers or other hardware or any other medium now known or hereinafter devised. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated. You may not decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human-readable format. Any unauthorized copying or other activities that infringe upon the intellectual property rights of the Content Providers/owners of the Content is prohibited, and you expressly agree to the automatic termination of the FlixFling Service if you engage in any infringing activities. Upon any such termination, the Content will be deleted from your FlixFling Device(s).
Except as specifically granted herein, all rights to the Content are reserved by the owner of such Content.
We will determine the selection, availability and quality of all Content provided on the FlixFling Service. The selection, quality and availability of the Content offered can/may be unique to each FlixFling Account and FlixFling Device. Not all Content on the FlixFling Service is available at all times to all users. For example, Content that is available for rental may not be available for purchase and Content that is available for purchase may not be available for rental. Not all Content is appropriate for all users. If you are a parent, it is your responsibility to monitor the Content selections and viewing habits of your children. You can set certain parental controls in your account profile at http://www.flixfling.com/myaccount that allow you to control the availability of and/or access to certain Content.
You may link up to five (5) FlixFling Connected Devices to your FlixFling Account in order to view Content, provided such Linked Device may only by linked to a single FlixFling Account at a given time. You may not concurrently stream or view rented Content to more than one (1) Connected Device at any given time but you may view rented Content on up to two (2) Connected Devices during the rental period. For purchased Content, at any given time, not more than three (3) concurrent digital streams may be consumed from a single FlixFling Account
If you send us any submissions (e.g., e-mails, letters, postings to chat rooms, boards or contests), feedback, creative suggestions, ideas, notes, drawings, concepts or other information through the FlixFling Service, your FlixFling Account or any social media account FlixFling may maintain from time to time (e.g., Twitter, Facebook, Instagram, etc.) (collectively, “Submissions”), they will be deemed to be our property and we will not be liable for any use or disclosure of such Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to any and all Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. The content of any Submissions must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of the Submissions. We reserve the right (but not the obligation) to remove or edit any Submissions, but we do not regularly review posted Submissions.
Your Conduct on the FlixFling Website:
By accessing the FlixFling Website, you agree to use the FlixFling Service, features and functionalities associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any Submissions and/or other 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 FlixFling Website. You also agree not to interfere with the servers or networks connected to the FlixFling Website or the FlixFling Service or to violate any of the procedures, policies or regulations of networks connected to the FlixFling Website or FlixFling Service. You also agree not to impersonate any other person while using the FlixFling Website, and related features and that you will not conduct yourself in a vulgar or offensive manner while using the FlixFling Service or Website.
You are solely responsible for the activity on your FlixFling Account, including, but not limited to, any and all purchases made from your FlixFling Account, maintaining the confidentiality of your FlixFling Account password and restricting access to your FlixFling Device(s). You acknowledge and agree that you assume full responsibility for the conduct of those to whom you disclose your account information or password. If you use a public or shared computer or unprotected mobile device, you should always log out at the end of each visit to the FlixFling Website. If you believe that you may be victim of identity theft involving your FlixFling Account, you should notify customer service and report any information about this instance to your card issuers and local law enforcement. FlixFling reserves the right to place any account on hold at any time with or without notification to you in order to protect itself and its partners from what it believes to be fraudulent activity. FlixFling is not obligated to credit or discount a membership for holds placed on the account by either a representative of FlixFling or by the automated processes of FlixFling.
Termination by FlixFling:
We reserve the right to terminate your FlixFling Account and/or your use and access to the FlixFling Service at any time with or without cause. If your FlixFling Service is terminated for any reason, your credit card will be refunded any U.S. dollar balance that remains in your FlixFling Account. We have no obligation to refund fees paid for FlixFling Connected Devices [or any value, monetary or otherwise, you may have accrued as FlixFling promotional discounts or credits.]
Operational Limits/Force Majeure:
The provision of the FlixFling Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the FlixFling Service, including FlixFling’s ability to stream rented or purchased movies to you, may occur as normal events in the provision of the FlixFling Service and that FlixFling is not liable for such interruptions. You further understand and agree that FlixFling is not liable for any failure of performance due to any cause beyond its reasonable control, including acts of God, fire, explosion, vandalism, terrorism, cable cut, major weather disturbance, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, any law, order, regulation, direction, action or request by any government, civil or military authority, suspension of existing service in compliance with state and/or federal law, rules and regulations, or delays caused by you or your equipment.
You agree to configure FlixFling Connected Devices only in accordance with the user guides located at http://www.flixfling.com/faq. You will not, and will not allow anyone else to, open, tamper with or reverse engineer, decompile or disassemble your FlixFling Supported Device(s) (or any software contained within) or make any modifications, additions, attachments or alterations to the FlixFling Supported Device(s) (or any software contained within). Additionally, you agree not to, or attempt to, disclose or circumvent any security measures utilized as part of the FlixFling Service or FlixFling Device(s) (or the software contained within). You understand and acknowledge that the FlixFling Service and FlixFling Connected Devices (or the software contained within) incorporate and utilize propriety technologies, materials and Content of FlixFling, the Content Providers and other third-party licensors that are protected by copyright, patent, trade secret and other laws and that any use or disclosure of the FlixFling Service, Content or FlixFling Connected Devices (or the software within) contrary to these Terms of Service or any copying of the materials and/or Content residing in the FlixFling Connected Devices will result in substantial damages to us or our licensors and subject you to civil liabilities and/or criminal penalties.
Age Restrictions and Parental Control:
While FlixFling does distribute Content that may be watched by children, if you are under the age of 18, you may access and use the FlixFling Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. FlixFling is relying on your representation that you are at least 18 years of age. FlixFling would not allow you to enter these Terms of Service and would not allow you to access the FlixFling Service but for your representation that you are at least 18 years of age. FlixFling does not intentionally or knowingly collect personal information about children under the age of 13. If you are a parent or legal guardian entering into these Terms of Service for the benefit of a child under the age of 18, be advised that you are fully responsible for his or her use of the FlixFling Service, including all financial charges and legal liability that he or she may incur. You are responsible for the viewing selections of your children, and FlixFling shall have no liability whatsoever if your child, through mistake or otherwise, views Content that may be deemed objectionable to you or your child. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the FlixFling Service.
The FlixFling Service includes a parental control feature that lets you restrict access to certain Content. You can access Parental controls in your account profile.
Digital Millennium Copyright Act:
If you are a copyright owner or an agent thereof and believe that any Content, user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 51 2(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
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;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
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
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 designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, FlixFling, LLC, 1600 N. 5th Street, Philadelphia, PA 19122; e-mail to: [email protected]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support and other communications should be directed to FlixFling Customer Care at [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that content or a Submission of yours that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner or the copyright owner’s agent, or pursuant to the law, to post and use such content or Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good-faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
Your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Philadelphia County, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that the removed content may be replaced or no longer disabled in 10 business days.
Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counternotice, at our sole discretion.
Links to Third Party Websites:
The FlixFling Website may contain links to third-party sites which are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply that we endorse or accept any responsibility for the content on such third-party site.
Warranty Disclaimer; Limitation of Damages and Liability:
The entire risk arising out of the use and/or performance of the FlixFling service(s) remains with you. In no event shall FlixFling or it’s licensors or any of their offices, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or another pecuniary loss) arising out of this agreement or the use of or inability to use any service, even if FlixFling has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law. In no event shall we or any of our licensors be liable for any damages in excess of the amount paid for the application or the specific item of content giving rise to the applicable claim for damages. FlixFling’s licensors are intended third-party beneficiaries of this agreement, and shall have the right to enforce this agreement against you.
You agree that any violation or breach by you of these Terms of Service will result in irreparable harm to us, and that monetary damages will be an inadequate remedy, and you hereby agree that we shall be entitled to seek injunctive relief.
If any provision of these Terms of Service is deemed unlawful, void or for any reason unenforceable, then that provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Governing Law, Determination of Disputes:
This agreement shall be governed by the laws of the State of Pennsylvania, USA, without regard to or application of any choice of law or conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Philadelphia, in the State of Pennsylvania. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If either FlixFling or you employs any attorneys to enforce any rights arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
You agree to indemnify and hold FlixFling and its parents, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees made by any third party due to, or arising out of or related to your violation of this agreement, or your violation of any law, regulations or third-party right.
PLEASE DIRECT ANY QUESTIONS OR CONCERNS RELATED TO YOUR BILLS OR SERVICE TO: [email protected].
Note: FlixFling is a trademark of Invincible Pictures, LLC.
2014 FlixFling, LLC. All rights reserved. All brand and product names are trademarks or registered trademarks of their respective holders.