Terms of Service

Effective Date: January 1st, 2025

This Flixxe Terms of Service (“Agreement”) is a binding agreement between you and the Flixxe Corporation (“Flixxe”, “we”, “us”, or “our”) governs your access to Flixxe’s website located at https://flixxe.com (the “Site”), the FLIXXE mobile application, (the “App”), and the online public forum that allows users to connect (“Social Networking”). The Site, Social Networking, and the App, including the products, services and certain features, functionality, and content accessible thereon are collectively referred to in this Agreement as the “Platform”.

CAREFULLY READ THIS AGREEMENT BEFORE USING THE PLATFORM. BY USING THE PLATFORM, YOU (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (II) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER; AND (III) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU MUST HAVE YOUR PARENT’S OR LEGAL GUARDIAN’S PERMISSION TO USE THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE PLATFORM.

THE TERMS OF THIS AGREEMENT AFFECT YOUR LEGAL RIGHTS, BY, AMONG OTHER THINGS, LIMITING FLIXXE’S LIABILITY AND REQUIRING MANDATORY ARBITRATION OF DISPUTES. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE PROCEDURE DESCRIBED IN SECTION 11.

1. Platform; Content; Licenses.

Platform. The Platform may contain (i) materials and other items relating to Flixxe and its services including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Services; (ii) Flixxe’s logos, service marks, trademarks, trade names, trade dress, and trade identities; (iii) the software, hardware, and other technology used to operate the Platform; and (iv) other forms of intellectual property (all of the foregoing, collectively “Flixxe Content”).
Platform License Grant. Subject to the terms of this Agreement, Flixxe grants you a limited, non-exclusive, revocable, and nontransferable license to download, install, and use the Platform for your personal, non- commercial use on a computer, mobile cellular device or other Internet-enabled or permitted device owned or otherwise controlled by you (“Device”) strictly in accordance with this Agreement.
Platform License Restrictions. You agree to use the Platform only in compliance with the terms of this Agreement and any applicable federal, state, and local law, statutes, regulations (“Applicable Law”). You shall not: (i) copy, modify, alter, or transfer the Platform, except as expressly permitted by this license granted in this Section 1; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform; (iii) reverse engineer, disassemble, decompile, decode, creative derivative works of, or otherwise attempt to derive or gain access to the source code of the Platform; (iv) remove, delete, alter, or obscure any intellectual property notices from the Platform (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform or any features or functionality of the Platform, to any third party for any reason; (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform; (vii) interfere or attempt to interfere with the Platform, including, without limitation, by means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (viii) using the Platform to send unsolicited messages, including, without limitation, promotions, or advertisements for products or services; (ix) share your account information with third parties other than as permitted under this Agreement. Without limiting the foregoing, you are expressly prohibited from using “bots,” spiders, scripts, intelligent agent software, or any manual or automatic technology, device, tool, or process designed to data mine or scrape any Flixxe Content, without Flixxe’s prior written consent
Third-Party Content. The Platform makes certain materials, including third-party movies, television shows, and other video content (the “Third-Party Content”) accessible to you through links on our Platform. Any Third-Party Content accessible from the Platform is owned or licensed by an external third party and not Flixxe. You may need a valid subscription to access the Third-Party Content once you leave the Platform. When you access Third-Party Content, such third party’s terms and policies will apply and Flixxe is not responsible for the products and services provided by such third parties.
Third-Party Content Usage Rights. When you access the Third-Party Content via our Platform, you shall not: (i) transfer, copy or display Third-Party Content, except as permitted in this Agreement; (ii) republish, upload, post, transmit, modify, create derivative works of, or further distribute the Third-Party Content or any portion of the Third-Party Content; (iii) remove any proprietary notices or labels on the Third-Party Content; (iv) sell, sublicense, lease, distribute, publicly display, or otherwise assign any rights or licenses to the Third- Party Content to any third party; (v) use the Third-Party Content for any commercial or illegal purpose; and (vi) publish, broadcast, frame, or excerpt any of the Third-Party Content.
Intellectual Property. The Platform, the Flixxe Content, and all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights (“Intellectual Property Rights”) therein, are owned or controlled by Flixxe, our licensors, and certain other third parties. Flixxe owns the copyright in the selection, compilation, assembly, and arrangement of the Third-Party Content (including the screenshots, the images, and the links therein) on the Platform. All right, title, and interest in and to the Third-Party Content is the property of other third parties and is protected by U.S. and international Intellectual Property Rights and laws to the fullest extent possible. You acknowledge that no title to the Intellectual Property Rights in the Platform, Flixxe Content, or Third-Party Content shall be transferred to you as a result of your acceptance of this Agreement. You further acknowledge that title and full ownership rights to the Platform, Flixxe Content, and Third-Party Content will remain the exclusive property of Flixxe its licensors, or other third parties and you shall not acquire any rights to the Platform, the Flixxe Content, or the Third-Party Content, except as expressly set forth in this Agreement. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Platform or the Third-Party Content.
Reservation of Rights. You acknowledge and agree that the Platform is provided under license, and is not sold, to you. You do not acquire any ownership interest in the Platform under this Agreement, or any other rights thereto other than to use the Platform in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Flixxe and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Platform, including all Intellectual Property Rights therein or relating thereto, except as expressly granted to you in this Agreement. Notwithstanding the foregoing, Flixxe acknowledges: (i) you retain ownership of the Device upon with the Platform is installed; and (ii) any applications and data obtained and installed by you on your Device are your property, except to the extent the data is used by, or included with the Platform.

2. Account Access.

Creating an Account. In order to access or use some of the features of the Platform, you must first register through the Platform. You must be of the age of majority in your state to create an account or otherwise use the Platform or submit personal information to us. In order to create an account, you may need to provide us with your name, email address, user name, password, and/or security questions and answers. We may reject the use of any password, username, email address, or other registration information for any other reason in our sole discretion. You agree that: (i) you will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the Intellectual Property Rights or other right of any person or entity, or is offensive; (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration; (iii) you are solely responsible for all activities that occur under your account, password, and username; (iv) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) you will not sell, transfer, or assign your account or any account rights.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete or violates this Agreement or any Applicable Law, then we may suspend or terminate your account.

3. Subscription; Payment Terms.

Ongoing Subscription. We may offer the Platform on a subscription basis (“Your Subscription”) to you for a recurring fee (the “Subscription Fee”), a Promotional Offer (as defined below), or as Trial Subscription (as defined below). To the extent permitted by Applicable Law, Your Subscription will automatically renew for the Subscription Period (as defined below) unless and until you cancel Your Subscription, or your account is otherwise suspended or terminated pursuant to Section 4 of this Agreement. Flixxe reserves the right to change the terms of Your Subscription, including the Subscription Fee, from time to time, effective as of the beginning of your next Subscription Period following the date of the change. We will give you advance notice of these changes.
Payment Method.
- To the extent that you access the Platform on a subscription basis, you will be required to provide a credit card or other payment method accepted by us (“Payment Method”) to access the Platform, and the terms of the payment will be presented to you at the time you provide your Payment Method. Your “Subscription Period” is the interval of time between each recurring billing date and corresponds to the term of Your Subscription. At the beginning of each Subscription Period, we will charge your Payment Method a periodic Subscription Fee on a recurring basis corresponding to the term of Your Subscription and any applicable taxes. You are solely responsible for any and all fees charged to your Payment Method. ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL.
- You represent and warrant that (A) the credit card or debit card information you provide to Flixxe and/or our Payment Processor (as defined below) is true, correct, and complete; (B) that you are the person in whose name the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card; (C) charges incurred by you will be honored by your credit/debit card company or bank; and (D) you will pay the charges incurred by you in the amounts posted, including any applicable taxes.
- You will promptly notify Flixxe if your payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent).
- You agree to waive all claims against Flixxe and its third-party affiliates, including our third-party Payment Processor, related to any unauthorized payments made on or through the use of your Platform account outside of Flixxe’s control, regardless of whether such payments are authorized or unauthorized.
Cancellation or Pause. If you have subscribed to one or more services offered by Flixxe, you may cancel or pause Your Subscription on the site. You must cancel or pause Your Subscription prior to 11:59 pm Eastern time on the day before the end of the Subscription Period in order to avoid being charged. If you cancel or pause your Subscription, you will continue to have access to the subscribed services through the end of your current Subscription Period.
Promotional Offers; Free Trials.
- We may offer special promotional offers to the Platform (“Promotional Offer”). The specific terms of the Promotional Offer will be disclosed during the sign up of the Your Subscription. Promotional Offers are determined by Flixxe at its sole discretion. UPON THE EXPIRATION OF THE PROMOTIONAL OFFER, WE MAY CHARGE YOUR PAYMENT METHOD THE SUBSCRIPTION FEE FOR THE PLATFORM UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE LAST DAY OF THE PROMOTIONAL OFFER.
- We may offer a free trial to the Platform for a limited time (“Trial Subscription”). The duration of the Trial Subscription will be specified at sign up in the applicable offer. You must provide a valid Payment Method at the time of signing up for the Trial Subscription in order to use the Platform. Your Payment Method will not be charged during the Trial Subscription. UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, WE WILL CHARGE YOUR PAYMENT METHOD THE SUBSCRIPTION FEE FOR THE PLATFORM UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE LAST DAY OF YOUR TRIAL SUBSCRIPTION.
- From time to time, Flixxe may make the Platform available to you as an “Alpha” or “Beta” test (“Beta Features”). You agree that the terms of the of the Beta Feature will be disclosed to you at the time of the sign up.

4. Access and Availability.

Content Availability. The availability of the Third-Party Content to watch may change from time to time and may not always be available be accessible from the Platform or every geographic jurisdiction.
Platform Availability. The Platform may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Flixxe, access to the Platform may be interrupted or suspended from time to time. Flixxe shall have the right at any time to change or discontinue any aspect or feature of the Platform, including, but not limited to, Third-Party Content, Flixxe Content, availability, and equipment needed for access or use.
Geographic Restrictions. The Platform is provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Platform outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you are responsible for compliance with local and federal laws.
Suspension Termination. Flixxe may, in its sole discretion, suspend or terminate Your Subscription and access to the Platform for any reason, including if you violate any of the terms and conditions of this Agreement. Flixxe may terminate this Agreement at any time without notice if it ceases to support the Platform, which Flixxe may do in its sole discretion. Upon cessation of the Platform: (i) all rights granted to you under this Agreement will terminate; and (ii) you must cease all use of the Platform and delete all copies of the Platform from your Device. Please note that termination will not limit any of Flixxe’s rights or remedies at law or in equity. Sections 9 and 10 shall survive the termination of this Agreement and shall remain in effect.

5. Collection and Use of Your Information.

Data Privacy. You acknowledge that when you download, install, or use the Platform, Flixxe may use automatic means to collect information about your Device and about your use of the Platform. For example, Flixxe may collect and store information about your watch history when you access Third-Party Content via our Platform. You may also be required to provide certain information about yourself as a condition to downloading, installing, or using the Platform or certain features or functionality. All information we collect through or in connection with this Platform is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Location-Based Features. If GPS, geo-location, or other location-based features are enabled on the Device where the Platform is accessed, including the App, you acknowledge that your Device location may be tracked and may be shared with others consistent with the Privacy Policy.
Anonymized Data. Notwithstanding anything to the contrary in this Agreement, we may monitor, collect, use, and store anonymous and aggregate statistics and/or data regarding the use of the Platform for various purposes (including, but not limited to, improving the Platform and creating new features) (“Anonymized Data”). Such Anonymized Data shall be owned by Flixxe and used for Flixxe’s business purposes.

6. Updates. Flixxe may from time to time in its sole discretion develop and provide Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Flixxe has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when the Device is connected to the Internet either: (i) the Platform will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Platform or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Platform and be subject to all terms and conditions of this Agreement.

7. Third-Party Services. The Platform may display, include, or make available Third-Party Content, separate Flixxe applications or provide links to third-party websites or services, including through third-party advertising (“Third-Party Services”). For instance, portions of the Platform may be integrated with, or linked to, third-party sites, platforms, applications, or other service or materials that we do not control. You acknowledge and agree that Flixxe is not responsible for Third-Party Services and Flixxe does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. The inclusion of any link to Third-Party Services is not (i) an endorsement by Flixxe of the website or application, (ii) an acknowledgement of any affiliation with its operators or owners; or (iii) a warranty of any type regarding the information or offer on the website. Third-Party Services are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

8. Disclaimer of Warranties.

The information and services included in or available through the Platform may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Flixxe may make improvements and/or changes to the Platform at any time.
YOU ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES. FLIXXE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF TITLE OR NON-INFRINGEMENT AS TO THE PLATFORM PROVIDED TO YOU. UNLESS OTHERWISE RESTRICTED OR PROHIBITED BY APPLICABLE LAW, FLIXXE DOES NOT WARRANT THAT THE PLATFORM WILL BE ACCURATE, COMPLETE, ERROR-FREE, WITHOUT INTERRUPTION, FREE FROM VIRUSES OR OTHER MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISM ARE DEPLOYED. FLIXXE DOES NOT WARRANT THAT ANY COMMUNICATION WILL BE TRANSMITTED UNCORRUPTED OR AT ANY UPSTREAM OR DOWNSTREAM SPEED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THOSE PROVISIONS MAY NOT APPLY TO YOU. THIS SECTION WILL CONTINUE IN EFFECT AFTER THIS AGREEMENT TERMINATES.

9. Indemnification. As permitted by Applicable Law, you hereby indemnify and hold harmless Flixxe and their direct and indirect parent companies, subsidiaries, affiliates, and other suppliers contractors, distributors, licensors and business partners, as well as the officers, directors, employees, agents, and representatives of each of these (collectively, the “Flixxe Parties”) from any and all claims, actions, proceedings, damages and liabilities, including attorneys’ fees (“Claims”), arising out, directly or indirectly, of (i) your use of the Platform; (ii) any act in violation of any Applicable Law in connection with your use of the Platform; (iii) any information or material transmitted through your Device that infringes, violates, or misappropriates any Intellectual Property Rights of any third party; (iv) any breach by you of this Agreement; and (v) any content or software displayed, distributed, or otherwise disseminated by you or other users of the Platform. This Section will continue in effect after this Agreement terminates. Notwithstanding the foregoing, Flixxe Parties retain the exclusive right to settle, compromise, and pay any and all Claims and reserve the right to assume the exclusive defense and control of any Claims and Losses.

10. Limitation of Liability.

THIS SECTION DESCRIBES THE FULL EXTENT OF FLIXXE PARTIES’ RESPONSIBILITY FOR ANY CLAIMS FOR DAMAGES CAUSED BY OUR ACTS OR OMISSIONS OR THE FAILURE OF THE PLATFORM, OR ANY OTHER CLAIMS IN CONNECTION WITH THE PLATFORM OR THIS AGREEMENT. THIS SECTION WILL CONTINUE IN EFFECT AFTER THIS AGREEMENT TERMINATES.

Limitation. AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY FLIXXE PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including for failure to furnish or the degradation or interruption of any Flixxe Content, for any loss of data or stored content for identity theft, or for any files or software damage, regardless of cause or for a problem with the service of a third-party.
Monitoring. Flixxe Parties are not obligated to monitor your use of the Platform. Flixxe Parties will not be liable, however, for any action we take such as restricting access to obscene content to assure your use of the Platform is in compliance with Applicable Law and this Agreement.
Third-Party Acts. You expressly agree that under no circumstances will any Flixxe Parties be responsible or liable for any content, act or omission of any third party including, without limitation any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights including, without limitation, privacy and Intellectual Property Rights, and you hereby release Flixxe and each of the Flixxe Related Parties for any such claims based on the activities of third parties.
Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLIXXE PARTIES OR FLIXXE’S LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FLIXXE PARTIES HAVE BEEN ADVISED OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL, SO THIS MAY NOT APPLY TO YOU. IN NO EVENT SHALL FLIXXE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID FLIXXE IN CONNECTION WITH THE PLATFORM THAT UNDERLIE THE CLAIM(S). YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET FORTH HEREIN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitations Period: We each agree that any claims must be brought within two (2) years of their accrual notwithstanding any otherwise applicable statute limitations.

IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN FLIXXE PARTIES’ AND FLIXXE’S LICENSORS’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Dispute Resolution; Class Action Waiver.

Applicability. YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND FLIXXE (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE PLATFORM.
Informal Dispute Resolution. In the unlikely event that a disagreement arises between you and Flixxe, you must first contact us directly by emailing us at [email protected] so that we may work in good faith to find a mutually agreeable solution. If the issue cannot be resolved as described above within sixty (60) days, you and Flixxe agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Platform and these Terms (collectively, “Dispute”) through binding individual arbitration, or as we and you otherwise agree in writing. You agree that the term “Dispute” in this Agreement will have the broadest meaning possible, but apply only to matters arising out of, relating to or are connected in any manner to the Platform and/or this Agreement. This Agreement also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Flixxe, or third party if Flixxe could be liable, directly or indirectly, for such Dispute.
NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FLIXXE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING
Commencement. ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION OR CLAIM ARISES.
Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES.

12. User Content

Submission of User Content. You may now or in the future have the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Platform (collectively, “Submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding any Flixxe Content or Third-Party Content included therein, “User Content”). You acknowledge that any User Content that you Submit through the Platform will be deemed to be non- confidential and may be disclosed through the Platform to other parties on a worldwide basis, including for browsing, downloading, printing, and other uses by such other persons or entities.
License Grant to User Content. You agree that Flixxe shall have, and hereby grant to Flixxe, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, use, or authorize others to use, in any form or media, any User Content that you Submit to Flixxe. Flixxe does not endorse any User Content, or third-party product or service that may appear in connection with use of the Platform. Nothing in this Agreement shall obligate Flixxe to use any User Content you Submit or permit the posting of such User Content on any website or platform. All content that you submit may be used at Flixxe’s sole discretion. Flixxe reserves the right to change, condense, withhold publication, remove, or delete any User Content on Flixxe’s Platform that Flixxe deems in its sole discretion to violate this Agreement. Flixxe does not guarantee that you will have any recourse through Flixxe to edit or delete any User Content that you Submit.

14. Additional Terms for the App.

Terms Specific to Apple Mobile Devices. If You are accessing or using the Platform on any Apple Device, the following additional terms and conditions are applicable to you and are incorporated into this Agreement by this reference:
- To the extent that you are accessing the App through an Apple Mobile Device, you acknowledge that this Agreement is between you and Flixxe, and that Apple, Inc. (“Apple”) is not a party to this Agreement other than as a third-party beneficiary as contemplated below.
- The license granted to you in Section 1 of this Agreement is limited, non-transferable, and subject to the permitted Usage Rules set forth in the App Store Terms of Service located at http://www.apple.com/legal/itunes/us/terms.html. The license is limited to use the App on any Apple- branded products that you own or control as permitted by this Agreement, except that the App may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing.
- You acknowledge that Flixxe, and not Apple, is responsible for providing the App and content thereof.
- As between Flixxe and Apple, Flixxe is solely responsible for providing any maintenance and support services with respect to the App that Flixxe may offer (which, if provided, is provided at Flixxe sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish maintenance or support services with respect to the App.
- You and Flixxe acknowledge that Flixxe, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App or your possession and/or use of the App, including but not limited to (A) product liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation.
- Further, you agree that if the App or your possession and use of the App infringes a third party’s intellectual property rights, Flixxe, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, but only to the extent it relates to your use of the App.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Application against you as a third-party beneficiary thereof.
- When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App. You may not use the App on a device that has firmware or software configuration that has not been authorized by Apple (“jailbroken”) device.
- TO THE EXTENT ANY WARRANTY REGARDING THE APP ARISES BY LAW OR HAS NOT BEEN DISCLAIMED UNDER THIS AGREEMENT, FLIXXE, AND NOT APPLE, IS SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A CUSTOMER OF THE SERVICES AND IF THE APP FAILS TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE LICENSE TO THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECTED TO THE APP, AND ANY OTHER CLAIMS, LOSS, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS FLIXXE’S SOLE RESPONSIBILITY.
Terms Specific to Android Mobile Devices. If the Platform is provided to you through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store, the following terms and conditions are applicable to you and are incorporated into this Agreement by this reference:
- You acknowledge that Google is not responsible for providing support services for the Platform;
- If any of the terms and conditions in this Agreement are inconsistent with the Google Play Development Distribution Agreement (the current version as of the date of this Agreement is located at: https://play.google.com/about/developer-distribution-agreement.html, the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

14. Miscellaneous

Entire Agreement; Assignment. This Agreement and our Privacy Policy constitute the entire agreement between you and Flixxe with respect to the Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Platform. This Agreement is not assignable, transferable, or sublicensable by you except with Flixxe’s prior written consent.
Export Regulation. The Platform may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Platform to, or make the Platform accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all Applicable Law and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Platform available outside the US.
Severability. If any provision of this Agreement is invalid, illegal or unenforceable under Applicable Law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law. This Agreement, and Your relationship with Flixxe under the Agreement, shall be governed by the laws of the State of Delaware without regard to its conflicts of laws provision. Any action arising out of or relating to these Terms shall be filed only in the state or federal courts located in Delaware and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.
Amendments. Flixxe reserves the right at its sole discretion to update, revise, supplement, and otherwise change the terms and conditions of the Agreement, and impose new or additional rules, requirements and restrictions, policies, terms, or conditions (collectively, “Additional Terms”) on your use of the Platform, at any time and from time to time. Such Additional Terms will be effective immediately and shall be deemed incorporated into this Platform will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

15. Changes to This Agreement. This Agreement is subject to change at our discretion. We will indicate changes to the Agreement by updating the “Effective Date” at the beginning of the Agreement. Your continued use of this Platform after any update to the Agreement will constitute your acceptance of the changes.