If you do not agree with these Terms, immediately stop using our Services.
We reserve the right to change, update or cease to offer our or any part of our Services or to update these Terms at our discretion. If we do, we will post notice of the changes at our website.
ACCOUNT SPECIFIC TERMS
Your Free Account allows you to store up to 1 day of video and export up to 2 minutes of 360p video content per month, free of charge. However, there are a few restrictions on this. First, we may limit, change, or modify the functionality that we provide to Free Accounts at anytime. Second, we reserve the right to embed a watermark or to add a bumper (including a third-party bumper) in any videos published from your Free Account. You agree not to remove watermarks/bumpers from such videos unless you upgrade to a Premium, Pro or Enterprise Accounts (collectively, our “Paid Accounts”). By embedding a watermark or adding a bumper in such videos, we are not endorsing, and we assume no liability for, the content of such videos or their use. Finally, you agree that we may terminate your Free Account at any time, without notice and, if your Free Account is inactive for ninety (90) days, we may also delete any or all of your media files and created videos without providing additional notice.
You may not use the Services to create User Content for any sales or commercial use, meaning you cannot resell, receive license fees or advertising revenue, including partner programs operated by YouTube.com, Twitch.tv, Ustream.tv, or similar programs. If the operator of a partner program seeks to confirm our policy, please point them to these terms as we do not have the resources to respond to all requests.
Your Account allows you to store up to 30 days of video and export up to 10 minutes of video content per month.You may not use the Services to create User Content for any sales or commercial use, meaning you cannot resell, receive license fees or advertising revenue, including partner programs operated by YouTube.com, Twitch.tv, Ustream.tv, or similar programs. If the operator of a partner program seeks to confirm our policy, please point them to these terms as we do not have the resources to respond to all requests.
Your Account allows you to store up to 60 days of video and export up to 30 minutes of video content per month. You may not use the Services to create User Content for any sales or commercial use, meaning you cannot resell, receive license fees or advertising revenue.
Your Account allows you to store up to 90 days of video and export up to 60 minutes of video content per month. Resale of User Content is limited to one-time use sales and cannot be sold to parties that plan to resell or distribute the content for reuse.
Your Account allows you to store unlimited video as long as your Enterprise account remains in good standing and export up to 180 minutes of video content per month. Resale of User Content is limited to one-time use sales and cannot be sold to parties that plan to resell or distribute the content for reuse.
Your Account allows you to create 1080p content at no additional charge, the duration of storage as well as additional features are dependent on the account level purchased. Flixpress offers you the option to upgrade your Free Account to a Paid Account for a fee. We offer monthly, quarterly and annual subscriptions and accept payment by credit card or PayPal. We will automatically charge your method of payment commencing on the date you elect to upgrade to a Paid Account and thereafter automatically on each monthly, quarterly or yearly renewal thereafter (depending on the subscription tier you select) until you cancel your subscription. In the event your paid account began on a day not contained in a given time period, Flixpress will bill you on the last day of such time period. For example, if your FlixpressPaid account began on January 31st, February 28th is the next time your method of payment would be billed. You acknowledge that the amount billed may vary for reasons that include differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your payment method for such varying amounts.
If you wish to cancel your Paid account at anytime, you may do so via your "Account" page. Once you choose to downgrade or cancel your Paid account will remain active for the remainder of your current subscription period but will not be renewed once that subscription term expires. You will not receive a refund for pre-paid portions of your subscription term. In other words, if you have selected an annual subscription, your Paid Account will remain active for the remainder of that annual term and then be downgraded to a Free Account at the end of the Term.
If Flixpress is unable to process your transaction using the payment information provided, Flixpress reserves the right to suspend your Paid Account. If you do not bring your balance current within fifteen (15) days after Flixpress provides you with notification that your Paid Account is in arrears, we will downgrade your Flixpress Paid account to a Free Account and, if the files stored on your account exceed the storage duration of a Free, Flixpress reserves the right to delete some or all of your media files as necessary to reduce your storage space to the appropriate storage duration for the new contract level.
Should you elect to upgrade your account to a more expensive tier, you will be billed on a pro-rated basis, from the date you upgrade, to the next renewal date on your original subscription. For example, if you begin your monthly-billed Flixpress account on March 10th, your next payment would be due on April 10th. On March 15th, you upgrade your account and pay the pro-rated new monthly capacity rate for the period lasting to the renewal date of the original subscription. In the example above, this is from March 15th to April 10th. Your next payment would then be due on April 10th, and it will include the fees for both the original subscription and the additional capacity.
Flixpress may change the fees and charges in effect, or add new fees and charges from time to time, for the next billing cycle, but we will give you advance notice of these changes by email. If you want to use a different payment method or if there is a change in your payment method validity or expiration date, you may edit your information by accessing your "Account" page. If your payment method reaches its expiration date, your continued use of the Services constitutes your authorization for us to continue billing that payment method and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Flixpress Paid accounts are prepaid and are non-refundable, except as required by law. FLIXPRESS DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL TIME PERIODS.
By using our Services you provide us with information, media files, video projects and final Flixpress videos (“Flixpress Videos”) that you submit to and create at Flixpress (collectively your “User Content”).
You retain full ownership to your User Content. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your User Content or intellectual property except for the limited rights that are needed to provide the Services, as explained below.
By agreeing to the terms of service you provide permission to create, host, share, distribute and display your User Content. Additionally, you grant usage of the content in Flixpress’ sole discretion, in whole or in part in order to promote Flixpress. By uploading User Content to the Services, you grant Flixpress this license solely as is necessary to provide the Services, including sharing your User Content with third party service providers.
If you are using the Services on behalf of an organization (for example a school), Flixpress may include the organization’s name in a list of organizations using Flixpress on the Flixpress website.
You are solely responsible for your conduct, the content of your media files and video projects, and your communications with others while using the Services. We reserve the right, but have no obligation, to review your User Content at any time to ensure it does not contain any Prohibited Content. For the purpose of these Terms, “Prohibited Content” includes any content that: (a) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “phishing” emails, “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) provides material that is sexual or violent in nature; or (g) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (h) is not in compliance with copyright and trademark laws; (i) is not owned or licensed for such use; We are not responsible for the accuracy, completeness, appropriateness, or legality of media files, Flixpress Videos, user posts, or any other information you may be able to access using the Services.
Sharing Your Flixpress Videos
The Services provide features that allow you to share your User Content with others or to make it public. There are many things that users may do with your User Content (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. We have no responsibility for that activity.
From time to time, and in our sole discretion, we may offer a service where you submit your User Content for consideration as be showcased via the Service by Flixpress. In the event your User Content is chosen to be showcased, you grant us the right and permission to display, publish, promote, edit, and distribute your User Content for such purpose. However, you agree to remain solely responsible for your User Content and Flixpress does not become a publisher of your User Content or assume any liability or responsibility for it.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third-party. You are responsible for any activity using your account, whether or not you authorized that activity. If your contact information, or other information related to your account changes, you must notify us promptly and keep your information current. You should immediately notify Flixpress of any unauthorized use of your account.
You are required to provide a valid email address in order to use the Services. You may be required to verify your email address and accept to receive emails from Flixpress to use certain features of the Services.
Media files and other content in the Services may be protected by intellectual property rights of others. You are expressly prohibited from copying, uploading, downloading, or sharing files unless you have the right to do so. You, not Flixpress, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not Flixpress, are responsible for maintaining and protecting all of your User Content. Flixpress will not be liable for any loss or corruption of your User Content, or for any costs or expenses associated with backing up or restoring any of your User Content.
Software and Updates
In the event that use of our Service requires you to download a client software package (“Software”). Flixpress hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.
Intellectual Property and Feedback
These Terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in forums without any obligation to you.
The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Flixpress trademarks, logos, domain names, or other brand features.
All trademarks and/or service marks displayed on the Services are the exclusive property of their respective owners, and may not be used without the owner's permission.
Acceptable Use Policy
You agree not to misuse the Services. For example, you must not attempt to use the Services to do the following things:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas of the Services, shared areas of the Services you have not been invited to, Flixpress (or our service providers’) computer systems;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- plant malware or otherwise use the Services to distribute malware;
- access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- publish any Prohibited Content;
- impersonate or misrepresent your affiliation with any person or entity; or
- violate the law in any way, or to violate the privacy of others, or to defame others.
Notice of Copyright or Intellectual Property Infringement
Flixpress respects others’ intellectual property and asks that you do too. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, Flixpress will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our designated agent listed below in writing, by mail.
To be effective the notification should include:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit Flixpress to locate the material on the Services;
- information reasonably sufficient to permit Flixpress to contact you, such as an address, telephone number, and, if available, an e-mail address;
- statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
We reserve the right to remove any User Content alleged to be infringing and to terminate repeat infringers.
You acknowledge and agree that upon receipt of any notice of claimed infringement, Flixpress may immediately remove the identified materials from the Services and may disclose the notice to the party that originally posted the materials, without liability.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail to our designated agent below. That written communication should include the following:
- a physical or electronic signature of the user;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- the user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the user's address is outside of the United States, the Federal District Court for the Northern District of California, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
Please send all notices under the above copyright infringement policies by mail to the following individual, designated as Flixpress’ agent for receipt of notifications of claimed infringement:
1910 E Kimberly Road Ste 102
Davenport, IA 52807
Your account will be terminated if, at Flixpress’ sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
The Services may contain links to third-party websites or resources. Flixpress does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Flixpress is Available “AS-IS”
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, and “AS AVAILABLE” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then FLIXPRESS hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from FLIXPRESS, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, Flixpress does not make any warranties that the Services will be uninterrupted, secure or error free or that your use of the Services will meet your expectations, or that the Services, or any portion thereof, is correct, accurate, or reliable. Flixpress reserves the right to change any part of the Services at anytime without notice. Flixpress has no responsibility for any harm to your computer system (including, for clarity, any mobile device based systems), loss or corruption of data, or other harm that results from your access to or use of the Services or Software.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLIXPRESS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FLIXPRESS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Urgency and its affiliates shall not exceed THE AMOUNTS PAID BY YOU TO FLIXPRESS FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY NORTH CAROLINA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NORTH CAROLINA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Flixpress with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third-party beneficiary rights. Flixpress’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Flixpress may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Flixpress and you are not legal partners or agents; instead, our relationship is that of independent contractors. Neither Flixpress nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance). There are no third-party beneficiaries to these Terms. The export and re-export of data via the Services may be controlled by the United States Export Administration Regulations. The Services may not be used in Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States and you are solely responsible for ensuring that Administrators and End Users do not use the Services in violation of any export restriction or embargo by the United States. In addition, Customer must ensure that the Services are not provided to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.