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Except as otherwise indicated, this Site and its entire contents (collectively, the “Materials”), including but not limited to, the text, information, material, software, and graphics contained on this Site, are owned by FLIX and its affiliates. No Materials, information, tools, software, products or services included in or available from or through this Site or from or through any web site owned, operated, licensed or controlled by FLIX may be copied, reproduced, republished, modified, downloaded, uploaded, posted, transmitted, or distributed in any way, without the express written permission of FLIX. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. FLIX makes no proprietary claim to any third party names, trademarks or service marks appearing on the Site. Any third party names, trademarks, and service marks are the property of their respective owners. This Site is protected by the intellectual property laws of the United States of America and international treaties.
The Site contains links to third party sites. These links are provided for convenience purposes only and are not controlled by FLIX. FLIX does not make any representations or warranties, express or implied, regarding the content of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by FLIX with respect to any third party, any third party’s web site, the content of any third party’s web site, or any products or services sold or provided by any such third party (“Third Party Site”).
By downloading a FLIX RSS Feed (“FLIX Feed”) from FLIX you agree to be bound by the terms set out below (the “Standard License Terms”). These Standard License Terms may be updated by FLIX from time to time. Please review these Standard License Terms each time you download an FLIX Feed. Your download and/or use of a FLIX Feed indicate your agreement to these Standard License Terms.
1. License. Subject to the terms of this Agreement FLIX grants you a non-exclusive license to display on your Third Party Site, the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from FLIX via the FLIX Feed (“FLIX Content”). This grant is not transferrable nor sub-licensable. All title, ownership rights and intellectual property rights in and to the FLIX Feed shall remain the property of the FLIX. Nothing in these Standard License Terms grants you any right to use the FLIX trademark on your Third Party Site or elsewhere.
2. Use of FLIX Content. You shall ensure that FLIX is given credit for all FLIX Content appearing in your Third Party Site (for example, “From FLIX”) Furthermore, you shall not directly or indirectly charge users for accessing FLIX Content nor shall you re-sell or attempt to re-sell the FLIX Content in any manner. Where possible you must create a functional link back to the FLIX pages summarized by the FLIX Content. You shall not directly or indirectly change, edit, add to or produce summaries of the FLIX Content or any content on the FLIX website nor place any full-story FLIX content in an HTML frame-set. You shall not directly or indirectly suggest any endorsement or approval by FLIX of your Third Party Site or any non-FLIX entity, product or content or any views expressed within your Third Party Site or service. You acknowledge and agree that all FLIX Content is under the sole and exclusive control of FLIX and that all inquiries received by you which relate to FLIX or the FLIX Content should promptly be referred to FLIX at firstname.lastname@example.org.
3. Warranties & Liability. You warrant to FLIX that: (i) you have fully complied with, and shall continue to comply fully with, all applicable laws, rules and regulations; (ii) the Third Party Site shall contain no material which is libelous, defamatory, pornographic, obscene, vulgar, deceptive, fraudulent, threatening, harassing, profane, tortious, invasive of privacy or which brings FLIX into disrepute, or which is in breach of any third party intellectual property rights; and (iii) users of the Third Party Site shall be required to comply with terms that are equivalent to the Standard License Terms in relation to their use of FLIX Content. The FLIX Feed is made available by FLIX on an “as is” and “as available” basis and FLIX makes no warranty of any kind in relation to the FLIX Feed, the FLIX Content, or any content on the FLIX Site. FLIX disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the FLIX Content, the FLIX Feed and the FLIX Site and any content thereon. TO THE MAXIMUM EXTENT PERMITTED BY LAW FLIX EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE FLIX FEED, THE FLIX CONTENT OR ANY CONTENT ON THE FLIX WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF FLIX CONTENT. Each provision of this Clause 3 operates separately unto itself and survives independently of the others.
4. Indemnity. You hereby agree to indemnify, hold harmless and defend FLIX in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the Standard License Terms or otherwise in connection with your use of the FLIX Feed (including the FLIX Content).
5. Miscellaneous. Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in these Standard License Terms in whole or in part to any third party. These Standard License Terms supersede all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into these Standard License Terms. Any failure or delay by either party in exercising its rights under any provisions of these Standard License Terms shall not be construed as a waiver of those rights at any time now or in the future.
6. Termination. You may terminate these Standard License Terms and the license granted herein at any time by destroying or removing all copies of the FLIX Feed (including the FLIX Content) from your Site, all hard drives, networks and other storage media. FLIX may restrict, suspend or terminate the FLIX Feed, these Standard License Terms, the license granted herein or your access to the FLIX Feed at any time without liability. You agree to destroy all copies of the FLIX Feed (including the FLIX Content) upon receiving notice of termination hereof from FLIX. Clauses 3, 4 and 5 of these Standard License Terms shall survive termination hereof.
FLIX RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME WITH OR WITHOUT NOTICE.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, SOFTWARE, SERVICES, GRAPHICS, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. FLIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT FLIX’S WEB SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN FLIX’S OPERATING WEB SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FLIX) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
AS SUCH, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT IN NO EVENT SHALL FLIX OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOSS OF BUSINESS OR LOST SALES EVEN IF FLIX OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ACCORDINGLY, SOME OF THE ABOVE LISTED LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL FLIX BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE.
FLIX controls and operates this Site from its offices in the United States of America. No representation is accordingly made that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. FLIX makes no claims that the content of this Site is appropriate outside of the United States. If you access this Site outside the United States, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located.
This Agreement constitutes the whole legal agreement between you and FLIX and governs your use of the Site, and completely replaces any prior agreements between you and FLIX in relation to the Site. You agree to comply with all laws, rules and regulations applicable to your use of the Site. You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, FLIX shall be entitled to seek immediate equitable relief, including injunctive relief. You agree that if FLIX does not exercise or enforce any legal right or remedy which is contained in this Agreement, or which FLIX has the benefit of, such failure will not be taken to be a formal waiver of FLIX’s rights and that those rights or remedies will still be available to FLIX. If any court having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of the terms herein. This Agreement shall be governed by the laws of the State of Texas without regard to the conflicts of laws provisions of any jurisdiction. Every dispute concerning the interpretation or effect of this Agreement and/or your use of the Site must be resolved in the state or federal courts situated in the State of Texas. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.
If you have any questions about this Agreement, you can send a request for information to the following email address: email@example.com or you can send your request for information in writing to the following postal address:
Flix Entertainment LLC
2000 S. IH-35, Suite Q11
Round Rock, Texas 78681