Flixpack - Terms of Use

Welcome to Flixpack. The following terms and conditions govern all use of Flixpack.com, its content, services and applications (the “Services”), including any other applications that link to this agreement.

Acceptance of Terms

The Flixpack web application, Flixpack platform, Flixpack content services, Flixpack mobile applications, Flixpack Apps and flixpack.com website are referred to collectively as "Flixpack" in this document.

BY ACCESSING, USING, OR REGISTERING FOR THE SERVICES, you (User) are agreeing to be bound by Flixpack’s Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms of Use in their entirety, do not use or access the Service.

Flixpack reserves the right to change these Terms of Use from time to time and at its sole discretion. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes your acceptance of such changes. You can review the most current version of these Terms of Use at any time at http://flixpack.com/terms

Any new features or tools which are added to the current Flixpack Apps shall be also subject to the Terms of Use.

Private Beta

Flixpack has been made available in Private Beta mode for the purpose of testing and getting feedback on the quality and usability. Flixpack is not yet ready for a public release and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your Flixpack account. You have been invited to try the early stage Flixpack apps. Joining Flixpack at the Private Beta stage is at your sole discretion and is subjected to the Terms of Use. Flixpack is being made available to you on an "As Is" and "As Available" basis. At the end of the Private Beta program, Flixpack shall notify you via email on your email address registered with the Flixpack about the change in the program status. However, Flixpack have no obligation to do so.

User Account

You must be 18 years or older to use Flixpack or have the consent of a parent or legal guardian. Using the Flixpack requires you to open an account (the 'Account’). The registration is free of charge. You must provide your email address while completing the registration form on the Site and/or within the App in order to complete the registration process. Registration can also be done by using a personal Facebook account, Twitter account or Google Plus account.

You must provide accurate and complete information for creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. You are solely and fully responsible for any activities that occur under your Account.

Flixpack account supports uploading and associating your photograph to your Flixpack account as a 'Profile Picture'. You must not upload/use an image, which is copyrighted to another person/agency/organisation as your Profile Picture. The responsibility of your Profile Picture is solely yours and Flixpack will not be held responsible and liable for any claim in case of any copyright violation done by you.

You may not use Flixpack for any illegal or unauthorized purpose nor may you, in the use of Flixpack, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of India and the State of Karnataka in general and in particular you shall not use Flixpack to host, display, upload, modify, publish, transmit, update or share any information that –

  1. belongs to another person and to which the user does not have any right to;
  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

Safety of Account

You are responsible for safeguarding and maintaining the confidentiality of your Flixpack Account information.

You should not disclose your password to anyone, including your friends and family. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols and are long) with your account. We cannot and will not be liable for any loss or damage arising from your failure to safeguard your Flixpack Account information.

If we feel your username and password are insecure or otherwise problematic, we may require you to change it and/or terminate your account. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Flixpack Account, whether or not you have authorized such activities or actions. You agree to notify us immediately in the event of any unauthorized use of your Flixpack Account or any other breach of security.

Privacy Policy

Flixpack respects your privacy and is committed to protect the information you share with it.

Our Privacy Policy contains further information about how data is collected, used and made available on Flixpack.com or by Flixpack apps. We recommend that you read it at http://flixpack.com/privacy

If you intend to connect to, access or use Flixpack, you must first read and agree to the Privacy Policy.

Content in Flixpack

The Service allows you to upload, post, publish and make available through it, your own copyrightable materials such as text, images, text material, photos, reviews and ratings and any other proprietary materials (the 'Content'). Please be sure that while you use the Service you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the Content you uploaded to the Flixpack website and/or App. Flixpack will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any Content.

You understand and agree that you are solely responsible for your Content and the consequences of posting or publishing such Content, on the Service, in any way. You hereby warrant that your Content is true, current, accurate and complete. You hereby further acknowledge and agree that the Content is non-confidential.

You represent and warrant that you are the rightful owner of the Content you upload to the Service or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such Content and that such Content does not infringe any third party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).

You expressly agree that the Content will not include any unsolicited promotions, advertising, contests or raffles.

You agree that you will not post or upload any Content containing data which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Flixpack to use or possess in connection with the Service (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).

You agrees to grant Flixpack a license to process, store, manage and display your Content. You agree that these rights are perpetual, non-exclusive, royalty free, irrevocable, sublicensable and worldwide.

By accessing Flixpack, you grant Flixpack a license to use, modify, create derivative works of, publicly perform, publicly display, perform analysis, reproduce and distribute the Content in connection with this Site, our business or the promotion thereof in any media formats and through any media channels now known or hereafter devised. Flixpack shall be free to use or disseminate any and all such content on an unrestricted basis for any purpose.

You also grant Flixpack a right to make such Content available to and pass these rights along to, others with whom Flixpack has contractual relationships, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Flixpack determines such access is necessary to comply with its legal obligations.

However, Flixpack shall not bear any liability for any use by any third party of the Content. In addition, you hereby explicitly waive any moral right you may have in and to the Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the Content.

Flixpack explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any Content available on the Site and/or the App at any time and for any reason.

Flixpack takes no responsibility and assumes no liability for any Content upload, posted, published and made available by you or any third party in the Site and/or App, or for any loss or damage thereto, nor is Flixpack liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter.

Community Guidelines

Do not harass, abuse, or threaten another member. If you disagree with someone, respond to the subject and not to the person.

Do not use hate speech. Hate speech is unacceptable, and Flixpack reserves the right to take appropriate action against any account using the service to post, transmit, promote, distribute, or facilitate the distribution of content intended to victimize, harass, degrade, or intimidate an individual or group on the basis of age, disability, ethnicity, gender, race, religion, or sexual orientation.

Respect the context and intended audience of the online areas that you visit. Many services and communities carry additional standards. It is your responsibility to review and abide by those standards and ensure that your activity, language, and electronic transmissions are appropriate for that particular area. What is appropriate in some areas or contexts may not be appropriate in others.

It is your responsibility to know and abide by the law. If you fail to do so, Flixpack reserves the right to take any action it deems warranted. In addition, Flixpack expects all members to review and abide by this agreement.

License

Flixpack hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-sublicensable and fully revocable limited license to use the Services and the content provided in Flixpack for your internal use, within the application, in accordance with the terms contained in this Agreement.

Proprietary Rights

You acknowledge and agree that Flixpack owns all legal right, title and interest including any intellectual property rights which subsist in Flixpack (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

This Agreement does not transfer to you any of our or third party intellectual property. Nothing in this Agreement grants you a right or license to reproduce or otherwise use any of our or third party’s trademarks, service marks, logos and trade names.

You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Flixpack’s proprietary rights, including Flixpack's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

Copyright Infringement Disclaimer

Flixpack in no way wishes to infringe on anyone's copyright. It is our policy to make every effort to respect the copyrights of outside parties. Where appropriate, the source of the movies details, images & other material used will be displayed.

All information and materials presented on this website were obtained from freely-accessible sources on the Internet, and are believed to be in the public domain, unless otherwise noted. No attempt has been made to disguise rightful ownership of said materials. If you believe that your copyright has been misused, please contact us at support@flixpack.com and we will remove the material as soon as we receive your request. Please be as detailed as possible about which image or material you wish to be removed and the reasons why copyright has been violated, etc. Any copyright matter will be resolved at the earliest.

Third Party Links and Websites

You may find third party content and/or links to third party Internet sites or resources in or on the Flixpack. You acknowledge and agree that Flixpack is not responsible for activities of third parties or the availability of such content or external third party sites or resources, and Flixpack does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or from third parties. Flixpack will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services.

We encourage you to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Disclaimer of Warranties

WE SUPPLY THE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. FLIXPACK DOES NOT ENDORSE OR RECOMMEND ANY OF THE TITLES THAT ARE DISPLAYED ON THE SITE. FLIXPACK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT AND/OR SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OF ANY TITLE ON THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH TITLE.

FLIXPACK DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE USER CREATED CONTENT AND THE TITLES AND THE USE OF THE SITE AND/OR THE SERVICE.

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY CONTENT AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SITE.

FLIXPACK, FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN ANY DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT AND CANCEL THE SERVICES.

Limitation of Liability

YOU AGREE THAT FLIXPACK, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

IN NO EVENT SHALL FLIXPACK BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO INDEMNIFY AND HOLD FLIXPACK AND (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

General Terms

Flixpack reserves the right to modify or terminate Flixpack for any reason, without notice at any time.

Flixpack reserves the right to refuse service to anyone for any reason at any time.

Your use of Flixpack is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Flixpack does not warrant that Services will be uninterrupted, timely, secure, or error-free.

Flixpack does not warrant that the results that may be obtained from the use of Flixpack will be accurate or reliable.

The materials contained on Flixpack are provided for entertainment purposes only and does not constitute legal or other professional advice on any subject matter. Flixpack does not accept any responsibility for any loss which may arise from reliance on information contained on this site.

The User understands that his / her Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Flixpack may, but have no obligation to, remove Content and Account(s) containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

Flixpack does not warrant that the quality of Flixpack will meet your expectations, or that any errors in Flixpack will be corrected.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any Flixpack User, Flixpack employee, member, or officer will result in immediate account termination.

The failure of Flixpack to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Flixpack and govern your use of Flixpack, superseding any prior agreements between you and Flixpack (including, but not limited to, any prior versions of the Terms of Use).

Applicable Law

Use of Flixpack shall in all respects be governed by the laws of the state of Karnataka, India, regardless of the laws that might be applicable under principles of conflicts of law. You agree that the Karnataka courts located in Bangalore, Karnataka, India, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.