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Terms of Service and Use
LAST UPDATED May 9, 2010
The content on the Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, music, photos, and the like ("Content") and the trademarks, service marks and logos contained therein are owned by or licensed to FLiXER, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Content on the Website is provided solely for your information and personal use and cannot and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners. You agree not to engage in the use, copying, or distribution of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions obtained from the Website for any commercial purposes. If you download or print a copy of the Content of User Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any aspect of the Website.
USE OF WEBSITE
Furthermore, you agree not to use or launch any automated system, such as "robots," "spiders," "offline readers," and the like, that might cause access to the Website in a way that would deliver more messages to the server(s) of the Website in a certain period of time than a person can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Website grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Website reserves the right, generally or specifically, to revoke these exceptions. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).
THIRD PARTY CONTENT
Website feeds in the RSS format are provided free of charge for use by individuals for personal, non-commercial uses. Attribution to the Website must be provided in connection with your use of the feeds. If you provide this attribution with a graphic, please use the FLiXER logos and trademarks ("Marks") that FLiXER has included in the feed itself. FLiXER reserves all rights in and to the Marks, and your right to use the Marks is limited to providing attribution in connection with these RSS feeds. By using the FLiXER RSS news feed, you agree to be bound by these Terms. FLiXER reserves the right to cease offering these RSS feeds at any time or require you to cease distributing these RSS feeds at any time for any reason.
You may be required to register as a member in order to access certain sections or features of FLiXER. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be completed using a valid email address and it is your responsibility to maintain the privacy and security of your password. A unique user name is required for use of FLiXER. We may disable your account if your user name intentionally impersonates another person, appropriates their rights, or is offensive, obscene, or racist. FLiXER reserves the right to cancel accounts at its sole discretion.
The Website shall permit at any time you and others the right to submit movies content, comments, reviews, video, artwork, etc. ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. However, you understand that whether or not such User Submissions are published, FLiXER does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the results of posting or publishing them. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Website to use and have access with respect to the User Submissions all patent, trademark, trade secret, copyright or other proprietary rights.
Use and Storage of User Submissions: FLiXER may establish general practices and limits concerning your use of the Website and its features, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the Website, the maximum disk space that will be allotted on FLiXER servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time. You agree that FLiXER has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Website. You acknowledge that FLiXER reserves the right to log off and remove accounts that are inactive for an extended period of time. You further acknowledge that FLiXER reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Our community features are designed to allow you to share information with others and to provide you with the opportunity to post comments, communicate with outher users, participate in forums and receive updates.
When you sign up for the community features "Community Features", you will be asked to create a username and password. In addition, you will have the opportunity to build a profile, including your picture, instant messaging addresses, and an "about me" section. You will be asked which information, if any, you wish to have displayed in your public profile. With the exception of your user name, you do not have to provide or agree to display any information in your public profile in order to use the Community Features.
IF YOU CHOOSE TO ALLOW THE INFORMATION YOU PROVIDE TO BE DISPLAYED IN YOUR PUBLIC PROFILE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE WEBSITE AND VISITORS TO THE WEBSITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION TO BE SHARED IN A PUBLIC FORUM, DO NOT PROVIDE THE INFORMATION.
User Code of Conduct
We want you to be able to express yourself and your point of view while using our community features, but certain kinds of speech simply do not belong on the Website. Therefore, you may not post or share content that:
- is obscene, pornographic or sexually explicit
- depicts graphic or gratuitous violence
- makes threats of any kind or that intimidates, harasses, or bullies anyone
- is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful
While we are not responsible for the conduct of our users, we expect you to act responsibly. Therefore, when using our community features, you may not:
- post any content that would encourage or provide instructions for a criminal offense or which would violate any local, state, national or international law
- impersonate any person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity
- use our Website to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- post or share any personally identifiable or private information of any third party
- solicit passwords or personal information from anyone
- post 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
- register for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the Service or the Site
- engage in any predatory or stalking conduct.
- create voting blocs, sell or barter votes, or in any other way manipulate the voting system
This User Code of Conduct is subject to change at any time at our Website's sole discretion.
NOTICE OF COPYRIGHT ISSUES
If you are a copyright owner or an agent thereof and believe that any 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 512(c)(3) for further detail):
- 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, 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;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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.
FLiXER's designated Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent/Legal Department
1112 Montana Avenue #340
Santa Monica, CA 90403
contact [AT] flixer [DOT] com
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to FLiXER customer service through our contact form. 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 your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User 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 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 San Francisco, California, 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, FLiXER may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it 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 counter-notice, at FLiXER's sole discretion.
FLiXER may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the Website.
DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FLiXER, AFFILIATE SITES OR THE OWNERS, WEBMASTERS OR ANY OTHER PERSONNEL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.
Your exclusive remedy for any claim shall be limited to the subscription fee paid by you for the subscription term during which the event giving rise to the claim occurred or U.S. $25.00, whichever is greater. In no event shall liability to you exceed the amount paid by you for your subscription fee. The limitations, exclusions and disclaimers set for above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.
REMEDIES, CHOICE OF LAW AND FORUM
Any controversy or claim arising out of or relating to this Agreement or any Website services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of San Mateo, California, USA and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or FLiXER may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, USA necessary to protect the rights or property of you or FLiXER pending the completion of arbitration.
This contract shall be governed by California law, regardless of the choice of law rules of any jurisdiction.