FlixMaster reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Site or these Terms of Service, in whole or in party, at any time. Changes to these Terms of Service will be effective when posted. You agree to review these Terms of Service periodically to be aware of any changes. Your continued use of this Site after any changes to these Terms of Service are posted will be considered acceptance of those changes.
SOFTWARE AND SERVICES
The Site provides you access to FlixMaster's video engineering software platform which allows a user to edit and encode pre-recorded videos, convert them into interactive experiences for viewers and publish, distribute or share them online (the "Software"). In connection with the Site and Software, FlixMaster also offers analytics services to users for tracking views of the user's interactive video (the "Services"). The Software and Services may be provided for free or for a fee.
You understand and acknowledge that the Site, Software and Services are being provided as a "public beta," and are made available on an "AS IS" and "AS AVAILABLE" basis. The Site, Software and/or Services may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information. FlixMaster strongly encourages you to back-up all data and information on any servers and computers prior to using the Site. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE, SOFTWARE AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR COMPUTERS AND SERVERS.
FlixMaster reserves the right to modify, suspend or stop the Software and/or Services (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. You agree that FlixMaster shall not be liable to you or any third party for any modification or cessation of the Software and/or Services. You acknowledge that FlixMaster has no express or implied obligation to provide, or continue to provide, the Software and/or Services, or any part thereof, now or in the future; and in addition, FlixMaster is not obligated to provide any maintenance, technical or other support for the Software and/or Services.
LIMITED USER LICENSE
You acknowledge that the Site, the Software, the Services and the underlying technology used in connection with the operation of the Site and the Services, and all content made available by FlixMaster, including, without limitation, any information, data, documents, communications, text, images, photographs, graphics, audio, videos, or links (collectively, the "Content") are provided by FlixMaster or third-party providers and are the copyrighted works of FlixMaster and/or such third parties. Subject to your full compliance with these Terms of Service, FlixMaster grants you a personal, revocable, limited, non-transferable, non-sublicensable, non-assignable nonexclusive license and right to access, use and display the Content (excluding source and object code) in the manner permitted by these Terms of Service and any applicable law or regulation; PROVIDED that you maintain all copyright and other proprietary notices contained in the Content and you do not use the Content in a manner that suggests an association with FlixMaster or such third-party providers.
Except as expressly authorized by FlixMaster or such third parties in these Terms of Service, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Software. For clarity, the preceding restriction is not applicable to commercial exploitation of User Materials (as defined below). You further agree that you will not decompile, reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Software. You may not store any significant portion of any Content owned by, or licensed to FlixMaster in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content on any other server.
The rights granted to you in the Content as specified above are not applicable to the design, layout or look and feel of the Site or the Software. Such elements of the Site and the Software are protected by intellectual property rights and may not be copied or imitated in whole or in part.
USE OF SITE, SOFTWARE AND SERVICES
Use of the Site is void where prohibited by law. By using any of the Site, you represent and warrant that you are over the age of 13 and that your use of the Content does not violate any applicable law or regulation, and acknowledge that the Site and Content were not intended for children under 13 years of age.
FlixMaster makes certain Content available only if you have paid a fee and/or have become a registered user. These Terms of Service may be supplemented or amended by the terms and conditions of other agreements to which you agree when registering or using specific portions or features of the Site. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or for any product or service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific product or service.
If you elect to register and create an account with FlixMaster, you warrant that all information you submit ("Account Information") is complete, true and accurate and you agree to maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account Information, including your username and password, and will be solely and fully responsible for all activity that occurs when anyone is logged in to your account, even if the individual is not, in fact authorized by you. If you have reason to believe your Account Information has been compromised or there has been an unauthorized use of your account or Account Information, you agree to promptly notify FlixMaster.
FlixMaster may, for any reason, at any time in its sole discretion, terminate your account, username and password.
FEES AND PAYMENT
Unless otherwise noted, registration on the Site will provide you access to the Software and Services at no cost for a maximum of 30 days from the date of creation of an account ("Trial Period"). However, in the event that your use of Site exceeds FlixMaster's distribution capacity limitations, whether during or after the Trial Period, you agree to pay the additional hosting and streaming charges associated with such use.
By using the Site, you acknowledge that FlixMaster reserves the right to charge you for the products and services offered on the Site, including, without limitation, for the Software and Services, anytime after the Trial Period. Further, registration fees and use fees (if any) may change from time to time, at any time, without notice, and are not subject to price protection or refunds in the event of a price reduction or promotional offering.
You agree to pay any applicable charges or fees that may be accrued by or in connection with your registered account, including, without limitation, fees for encoding, hosting and streaming User Materials, activation fees and other nonrecurring charges, taxes, interest, late fees and charges due to insufficient credit or insufficient funds. FlixMaster will bill you directly, charge your credit card, or obtain payment through your PayPal account for all such fees/charges. If a credit card or PayPal account is being used for payment, you authorize FlixMaster to obtain preapproval for an amount up to the amount of fees or charges owed. You are responsible for the timely payment of all such fees/charges and for providing FlixMaster with a valid credit card or PayPal account details for payment of fees/charges. Failure to pay fees/charges as required by these Terms of Service, may lead to disruption or termination of your use of the Site, Software and/or Services (as applicable), including denial of access to or removal of User Materials submitted by you to the Site.
It is solely your responsibility to store, secure and keep confidential any material, information, or other communication, and all audio, videos, photographs, data, images, text and other things embodied therein ("User Materials") that you upload, transmit, post, or otherwise submit to this Site. Unless expressly agreed by FlixMaster in writing elsewhere, FlixMaster has no obligation or liability for the deletion or accuracy of any Content, including User Materials, or the failure to store, transmit or receive transmission of User Materials.
By uploading or otherwise making available any User Materials, you represent and warrant that you, the organization you represent, or its or your licensors (i) are the owner of all right, title and interest in and to the User Materials, or have obtained all necessary license(s) and permission(s), to use the User Materials in keeping with your use in connection with the Site, or as otherwise permitted by these Terms of Service; (ii) have the rights necessary to grant the license granted to FlixMaster hereunder; and (iii) have received consent from any and all persons depicted in the User Materials to use the User Materials as set forth in these Terms of Service. Under no circumstances will FlixMaster be liable or responsible in any way for any User Materials, including, but not limited to, any loss or damage of any kind incurred as a result of the use or misuse of any User Materials uploaded or otherwise made available on the Site.
Unless otherwise agreed between you and FlixMaster in writing, you hereby grant and/or warrant that the owner of the User Materials has granted, FlixMaster, a worldwide, royalty-free, perpetual, irrevocable, transferable, assignable, fully sublicensable, nonexclusive right and license to prepare and encode User Materials, or any portion thereof for electronic, digital and/or other transmission, manipulation and exhibition in any format and by any means now known or hereafter devised; and to use, copy, reproduce, modify, create derivative works of, exhibit, publish, distribute, perform, display, broadcast, transmit the User Materials.
Further, by submitting User Materials to the Site you expressly assume any risk associated with third party download or use of the User Materials. You hereby agree FlixMaster is not liable for any illegal or unauthorized use, misuse, copying or reproduction of the User Materials by third parties.
You shall at all times retain all right, title and interest in and to the User Materials provided by you on the Site, subject to the nonexclusive license granted to FlixMaster under these Terms of Service.
You acknowledge that FlixMaster and/or third-party owners remain the sole and exclusive owners of the Content, which is protected by copyright, trademark, patent, trade secret, unfair competition, and other intellectual property rights, and that, except as expressly provided in these Terms of Service, you do not acquire any rights (express or implied) to use the Content.
The FLIXMASTER marks, and all related trademarks, logos, service marks and slogans displayed or associated with the Content are owned by FlixMaster or its affiliates. All other trademarks and service marks contained on the Site are trademarks of their respective owners. You may not use any FlixMaster or third party trademarks, service marks or logos without the prior written consent of FlixMaster or the third party trademark owner.
You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Software and/or the Services. You agree that you will not:
(i) use the Software or the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States;
(ii) upload, display, e-mail, or otherwise transmit or distribute ("Make Available") any User Materials that are unlawful, harmful, threatening, tortious, defamatory, libelous, harassing, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable;
(iii) Make Available any User Materials that you do not have a right to transmit or otherwise make available on or through the Site;
(iv) Make Available any User Materials that infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(v) alter, damage, or delete any Content or other communications that are not your own, or to otherwise interfere with the ability of others to access or use the Site;
(vi) use the Site or Services in connection with the distribution of unsolicited advertising, promotional materials, or other forms of solicitation including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes";
(vii) Make Available any User Materials that contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of FlixMaster or any third party;
(viii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(ix) disrupt or interfere with the security of, or otherwise cause harm to, the Site, Software, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites;
(x) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of the Software, the Services, use of the Site, or access to the Site, Software or Services;
(xi) harm minors in any way;
(xii) stalk or otherwise harass another;
(xiii) use any data mining, robots, spiders, rovers, scrapers, or other data gathering and extraction methods in connection with the Content; or
(xiv) collect or store personal information about other users without their permission.
You acknowledge that FlixMaster does not pre-screen User Materials or monitor user activities in connection with the Site, but agree that FlixMaster shall have the right (but not the obligation) in its sole discretion to remove or refuse any User Materials that are available through the Site or Services for any reason (or no reason), including if it violates these Terms of Services or the law or is otherwise objectionable. You agree and acknowledge that FlixMaster may preserve any User Materials and may disclose any User Materials if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Service, respond to claims that any User Materials violate the rights of third parties or protect the rights, property or personal safety of FlixMaster, the users of the Site, the Software and/or the Services, and/or the public.
FlixMaster reserves the right to take such action as it deems appropriate where the Site is used in a manner that is deemed by FlixMaster to be in violation of the Terms of Service or is used in any way that is otherwise unlawful.
You may terminate your account and/or cease to use the Site, Software and/or Services at any time.
FlixMaster has the right to terminate or suspend your account at any time for any breach or violation of these Terms of Service. In the event of such termination, you will not be entitled to any refund of any unused portion of fees previously paid by you. Moreover, your account may be terminated or suspended at any time, in FlixMaster's sole discretion for any reason.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) THE SITE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. FLIXMASTER DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FLIXMASTER MAKES NO WARRANTY THAT THE SITE, SOFTWARE OR SERVICES PROVIDED THROUGH THE SITE WILL BE UNINTERRUPTED, ACCURATE, TIMELY, SECURE OR FREE OF ERRORS, DEFECTS OR VIRUSES. YOUR USE OF THE SITE, SOFTWARE AND/OR SERVICES IS SOLELY AT YOUR OWN DISCRETION AND RISK.
(B) FLIXMASTER WILL HAVE NO LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE, SOFTWARE AND/OR SERVICES AND YOUR SUBMISSION OF ANY USER MATERIALS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE, SOFTWARE AND/OR SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA RELATED THERETO.
(C) Some links on this Site may let you leave the Site. FlixMaster does not control, endorse or accept responsibility for any content, materials or services offered by third parties accessible through the linked sites. FlixMaster makes no representations or warranties whatsoever about, and shall not be liable for, any such third parties, their content, materials or services.
(D) FlixMaster will not be liable for any loss that you may incur as a result of someone else using your password and username, or account, or Account Information in connection with the Site, Software and/or Services, either with or without your knowledge.
LIMITED LIABILITY/EXCLUSION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLIXMASTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIM, LIABILITY, EXPENSE OR DAMAGE (INCLUDING, WITHOUT LIMITATION, ACTUAL, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, PROFITS OR OTHER PECUNIARY LOSSES) WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR RELATING TO THE CONTENT OR THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SOFTWARE, OR THE SERVICES, EVEN IF FORESEEABLE OR IF FLIXMASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LIABILITY, EXPENSE OR DAMAGE.
UNDER NO CIRCUMSTANCES WILL FLIXMASTER'S TOTAL LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR USING THE SOFTWARE AND/OR SERVICES OFFERED ON THE SITE, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF FLIXMASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU EXPRESSLY WAIVE ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THESE TERMS OF SERVICE, THE SITE, THE SOFTWARE, THE SERVICES, AND/OR THE USER MATERIALS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USE OF THE USER MATERIALS BY FLIXMASTER).
APPLICABLE LAW IN SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, FLIXMASTER'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
FLIXMASTER DISCLAIMS ANY AND ALL LIABILITY FOR ACTS, OMISSIONS, AND CONDUCT OF ANY USERS AND ADVERTISERS AND/OR SPONSORS ON THE SITE. YOU AGREE THAT FlIXMASTER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS WITH ADVERTISERS FOUND ON OR THROUGH THE SITE, OR AS A RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
You agree to indemnify, defend and hold harmless FlixMaster, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against any and all liability, losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or related to (i) your use of the Site, the Software and/or the Services, (ii) your User Materials, or (iii) any violation of these Terms of Service by you.
The provisions of these Terms of Service are for the benefit of FlixMaster and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
You understand and agree that FlixMaster may, in its sole discretion and at any time, terminate your username and password, any account created on the Site, and discard and remove any User Materials, for any reason. You understand and agree that FlixMaster may take any one or more of these actions without prior notice to you. Should FlixMaster take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including information submitted for registration on the Site and submitted User Materials. YOU UNDERSTAND AND AGREE THAT FLIXMASTER SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE AND/OR THE REMOVAL OF INFORMATION CONCERNING YOUR ACCOUNT.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been made available on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated in connection with the Site, please provide FlixMaster's copyright agent the following information:
1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.a description of the copyrighted work or other intellectual property that you claim has been infringed;
3.a description of where the material that you claim is infringing is located within the Site;
4.your address, telephone number and e-mail address;
5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
6.a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
FlixMaster's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Agent for Notice of Claims
PO Box 4533
Boulder, CO 80302
APPLICABLE LAW AND JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflicts of laws provisions. Each party to these Terms of Service submits to the exclusive jurisdiction of the state and federal courts of Colorado, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorney's fees.
These Terms of Service constitute the entire understanding and agreement between FlixMaster and you with respect to your use of the Site, the Software and the Services and supersedes all prior agreements, written or oral, express or implied, at law or in equity, between you and FlixMaster on such subject matter.
WAVIER AND SEVERABILITY
FlixMaster's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be prohibited by law and invalid, or for any reason such provision is held unenforceable, in whole or in part, that provision shall be considered severable and its invalidity or unenforceability shall not affect the remainder of this Agreement, which shall continue in full force and effect.
If you have any comments or questions about the Site or these Terms of Service, or if you wish to report a violation of the Terms of Service, please contact us by email at email@example.com or via mail to:
Attn: Erika Trautman
PO Box 4533
Boulder, CO 80302
Last Updated: 11-12-12