AGREEMENT BETWEEN USER AND Flixpress LLC
The Flixpress LLC Web Site is comprised of various Web pages operated by Flixpress LLC. The Flixpress LLC Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Flixpress LLC Web Site constitutes your agreement to all such terms, conditions, and notices.
Flixpress LLC reserves the right to change the terms, conditions, and notices under which the Flixpress LLC Web Site is offered, including but not limited to the charges associated with the use of the Flixpress LLC Web Site.
TERMS OF SALE
ACCOUNT SECURITY & ELIGIBILITY
To make any purchase on or through the Flixpress.com (including, without limitation, purchase of credit, customizable templates, ), you must be a Registered User and comply with these Terms of Sale (including the Flixpress.com Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Flixpress.com sells its products and services only to those who can legally make purchases with a credit card/debit card. If you are under 18, you may make purchases on or through the Flixpress.com only with the involvement of a parent or guardian. Flixpress.com reserves the right to refuse or cancel any customer order or terminate any customer account with Flixpress.com, at any time in its sole discretion (except as prohibited by law).
Flixpress LLC may seem it fit to refund a certain amount of credit due to error on our part. Under any other conditions, the user-deposited credit is non-refundable, unless required by Law. We are not obligated to, but may choose to credit a certain amount of you've spent on a certain template back to your Flixpress.com account because of template errors, or unavailability of adequate support during the time of your request. You may use the Flixpress.com credit to correct the issue yourself.
Flixpress LLC owns exclusive and reserved copyright to the content on the site, including music, animation, and rendered material. Some of the content is being sub-licensed for royalty-free use by third parties. You are granted a non-exclusive royalty free license to use the rendered videos from Flixpress.com for both commercial and non-commercial use. Reselling material rendered using Flixpress.com is permitted if the videos are not sold as a part of a library or video stock. Under no circumstances you are permitted to submit any part of the content generated on FlixPress.com to any Content Identification systems, such as, but not limited to YouTube Content ID, or any other system that would prevent similar content from being used by other users. If you have any further questions about licensing, feel free to contact us at info(at)flixpress.com
PRODUCT AND SERVICES AVAILABILITY & ERRORS
Flixpress LLC may revise, discontinue or modify products or services offered on or through the Flixpress LLC site, at any time without prior notice to you, If a product or service offered by you is or becomes unavailable, Flixpress LLC may decline or cancel your order (and issue you a refund if you have paid for the order), with no further liability or obligation to you. If a product or service offered by you is or becomes unavailable, Flixpress LLC may, in its sole discretion, offer to substitute your order with another product or service of equal or greater value, and will make such substitution only with your written or recorded consent.
While we strive to eliminate errors on the Flixpress.com, we do not warrant that all products, services, information and content offered on the Flixpress.com will be accurate, complete, reliable, current, or error-free. Unless expressly otherwise noted, all products, services, information and content offered on the Flixpress.com are provided “as is” without warranty of any kind. In the event of an error by Flixpress.com in processing or delivering your order, Flixpress.com may, at its election: (1) correct such error and revise your order accordingly if necessary (including charging the correct price and billing you for any undercharged amount or refunding to you any overcharged amount, as the case may be); or (2) cancel your order affected by the error and issue a refund of the credit purchase amount actually paid by you for such order. By placing an order on or through the Flixpress.com, you acknowledge and agree that, in the event of an error by Flixpress.com in processing or delivering your order, your sole remedy is to cancel your order.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Flixpress LLC Web Site, you warrant to Flixpress LLC that you will not use the Flixpress LLC Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Flixpress LLC Web Site in any manner which could damage, disable, overburden, or impair the Flixpress LLC Web Site or interfere with any other party's use and enjoyment of the Flixpress LLC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Flixpress LLC Web Sites.
USE OF COMMUNICATION SERVICES
The Flixpress LLC Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Flixpress LLC has no obligation to monitor the Communication Services. However, Flixpress LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Flixpress LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Flixpress LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Flixpress LLC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Flixpress LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Flixpress LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Flixpress LLC spokespersons, and their views do not necessarily reflect those of Flixpress LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Flixpress LLC OR POSTED AT ANY Flixpress LLC WEB SITE
Flixpress LLC does not claim ownership of the materials you provide to Flixpress LLC (including feedback and suggestions) or post, upload, input or submit to any Flixpress LLC Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Flixpress LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Flixpress LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Flixpress LLC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Flixpress LLC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Flixpress LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Flixpress LLC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Flixpress LLC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Flixpress LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Flixpress LLC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Flixpress LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : support(at)Flixpress.com
Flixpress LLC reserves the right, in its sole discretion, to terminate your access to the Flixpress LLC Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Flixpress LLC Web Site. Use of the Flixpress LLC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Flixpress LLC as a result of this agreement or use of the Flixpress LLC Web Site. Flixpress LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Flixpress LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Flixpress LLC Web Site or information provided to or gathered by Flixpress LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Flixpress LLC with respect to the Flixpress LLC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Flixpress LLC with respect to the Flixpress LLC Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Flixpress LLC Web Site are: Copyright 2011 by Flixpress LLC LLC and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent at info(at)Flixpress.com. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.