OWNZONES MEDIA NETWORKS, INC.
INTELLECTUAL PROPERTY RIGHTS.
Access to Content by You.
The content available through the Site ("Content") and the trademarks, service marks and logos contained therein is our property, or the property of our affiliates or licensors, and is subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. You may use the Site and Content for your personal, non-commercial use only if you keep intact all copyright and other proprietary notices. You may not otherwise reproduce or distribute (including by email or other electronic means) any of the Content without the prior written consent of an authorized representative of us. Of course, you're free to encourage others to access the Content themselves on our Site and to tell them how to find it. Additionally, you may establish a hypertext link to this Site so long as the link does not state or imply any sponsorship of or affiliation with your site by us.
Your License to Us.
By submitting material to us, you are representing that you are the owner of the material, or you are making your submission with the express consent of the owner. By submitting material to any public posting areas of this Site, such as any ratings, reviews, or comments area, you agree that we, and our partners, agents, affiliates and service providers (collectively, "Third Party Providers"), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. You grant us the world-wide, perpetual, royalty free and non-exclusive license to reproduce, modify, adapt and publish such material on the Site. You also grant us the worldwide, perpetual, royalty free, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also agree that we and our Third Party Providers may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings or submissions that we consider unacceptable or inappropriate, whether for legal or other reasons.
FLIXSEA’ service marks, product and service names, and other corporate indicia (the "FLIXSEA Marks") are the property of FLIXSEA. Except as expressly provided herein, you agree not to display or use in any manner any of the FLIXSEA Marks without our prior permission.
You agree to be financially responsible for all transactions made by you or someone acting on your behalf through the Site. Except as otherwise provided herein, you agree to use the Site and services or products, as accessed by you, through the Site for legitimate, non-commercial purposes only. Except as otherwise provided herein, you agree to only access goods or services for yourself or for another person for whom you are legally permitted to do so. Except as otherwise provided herein, when transacting on behalf of a third party that requires you to submit the third party's personal information to us or to a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
Click the My Account link on any flixsea.com page to see the end date for your current subscription period. We automatically bill your Payment Method each month on the calendar day corresponding to the day your paid subscription started. In the event your paid subscription began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you started your FLIXSEA paid subscription on January 31st, your next payment date would be February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by clicking the My Account link on any flixsea.com page. If your Payment Method is a credit card, and your credit card reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
WITH THE EXCEPTION OF ONE-TIME CHARGES FOR ONE-TIME EVENTS, YOUR FLIXSEA SUBSCRIPTION WILL CONTINUE MONTH-TO-MONTH UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS EACH MONTH IN ORDER TO AVOID BILLING OF THE NEXT MONTH'S SUBSCRIPTION FEES TO YOUR PAYMENT METHOD. WE WILL BILL THE MONTHLY SUBSCRIPTION FEE TO THE PAYMENT METHOD YOU PROVIDE TO US DURING REGISTRATION (OR TO A DIFFERENT PAYMENT METHOD IF YOU CHANGE YOUR ACCOUNT INFORMATION). SUBSCRIPTION FEES ARE FULLY EARNED UPON PAYMENT.
FREE TRIAL OFFERS.
FLIXSEA may offer limited-time free trial subscriptions to certain you from time-to-time. Users who sign up for Content on a free trial basis may have limited access to such Content or other features of the Site. If you sign up for a free trial subscription, after the expiration of the free trial period, you will be charged the price then in effect for a subscription to the Content, unless otherwise provided to you when you originally subscribed. If you do not want to have continued access to the Content after the expiration of the free trial period, you must cancel your subscription within thirty (30) days of being charged the subscription fee for the Content. Upon cancellation, your credit card will be refunded for the amount of the most recent subscription charge, if any, so long as you have not used the subscription or accessed the Content following the expiration of the free trial period.
ACCESS TO CONTENT.
The Site provides you access to a variety of Content, including without limitation, digital books, magazines, articles, music and video, subject to your account being charged the appropriate one-time fee or subscription fee. Your payment for Content is for the purpose of providing you with a limited, non-exclusive license to access such digital content and you do not have any ownership right in or to any Content on the Site. Since the Site provides a streaming solution for Content, you are not currently able to permanently or temporarily download any Content on any device such as your personal computer, mobile phone or tablet. Your subscription or payment for Content means you are entitled to access such Content through the Site for so long as the third party content provider permits or makes such content available to FLIXSEA as part of FLIXSEA agreement with its Third Party Providers. In the case of a one-time fee for Content, this time period may mean you are able to access such Content, as an example only, for a specified period of time from your date of payment. In the case of a subscription, you are permitted to access the Content through the Site so long as you maintain and pay for a subscription on FLIXSEA subject to the terms of this Agreement and of our agreements with Third Party Providers.
To use certain features of the Site, you will need a user ID and password, which can be created through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and you are responsible for all actions taken (whether taken by you or by other authorized users of your account) by users of your password or account. IF YOU DISCLOSE YOUR PASSWORD TO ANYONE OR SHARE YOUR ACCOUNT AND/OR DEVICES WITH OTHER PEOPLE, YOU TAKE FULL RESPONSIBILITY FOR THEIR ACTIONS.
ACCOUNT ACCESS; IDENTITY PROTECTION.
In order to provide you with ease of access to your account and to help administer our service, we implement technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Site.
Where possible, users of public or shared devices should log out at the completion of each visit. If you fail to log out, subsequent users may access the FLIXSEA service through your account and may be able to access certain of your account information.
If you find that you're a victim of identity theft and it involves an FLIXSEA account, you should notify Customer Service immediately. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the FLIXSEA website and not through a hyperlink in an email or any other electronic communication, even if it looks official.
We reserve the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. We are not obligated to credit or discount a membership for holds placed on the account by either a representative of us or by our automated processes.
You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We disclaim any liability for loss or damage caused by or related to your failure to protect your password or account information.
MODIFICATIONS TO THE SITE.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You may cancel your FLIXSEA subscription at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS.
Cancelling channel access is an easy few-step process. From the home page, click My Account from the dropdown menu at the top-left of the page. From there, you will select My Purchases, which will bring you to a list of your current channel(s). Across from each listing you will see a ‘subscribe’ checkbox, which you will want to unmark. Take that step for any channel you are no longer interested in, and your subscription will be cancelled and no further charges will be applied.
The Site may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, materials, goods or services available on or through any such site or resource.
You may not access or use the Site or its Content for any purpose other than those for which we make it available.
It is a condition of your use of the Site that you do not:
Frame any of the Content, or incorporate any Content into another website or other service, without our prior written consent;
Restrict or inhibit any other user from using and enjoying the service;
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;
Use the Site to instigate or encourage others to commit illegal activities or cause injury to any person or damage to property;
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
Use the Site to copy, post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or violation of publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;
Except as otherwise provided herein, use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written consent;
Gather or collect personal data about, or the email addresses of, other Site users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email; or
Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Site (such as submitting an excessive number of postings), or that otherwise negatively affects other users’ ability to use the Site.
GENERAL PRACTICES REGARDING USE AND STORAGE OF CONTENT.
You acknowledge that we may establish general practices, limits and restrictions concerning use of the Site, and the posting of content, information or materials by users of the Site. These restrictions may include a limit on the number of days that ratings, reviews, or other submitted content will be displayed on the Site and/or retained by us, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. We assume no responsibility or liability for the deletion, corruption or loss of any content or material submitted by you, or for our failure to receive or store submitted content for any reason, including without limitation malfunctioning of any network, hardware or software. We reserve the right to change these general practices, limits and restrictions at any time, in our sole discretion, with or without notice.
NOTICE OF COPYRIGHT INFRINGEMENT.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (FOR PURPOSES OF THIS PARAGRAPH, THE "FLIXSEA PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND OUR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS. THE FLIXSEA PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT ON THE SITE, OUR E-MAILS, OTHER ELECTRONIC COMMUNICATIONS, OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE, AND THE FLIXSEA PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) LOSS OR DAMAGE OF ANY KIND RESULTING FROM ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING WITHOUT LIMITATION USER INFORMATION, DATA, OR SUBMISSIONS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS AND USE, OUR SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY CORRUPTION OR LOSS OF DATA TRANSMITTED TO OR FROM THE SITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE FLIXSEA PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY TRANSACTIONFOR A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, AGENTS, THIRD PARTY PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, OR (B) ANY MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS, THIRD PARTY PROVIDERS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
AGREEMENT TO ARBITRATE.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND FLIXSEA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FLIXSEA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.
Pre- Arbitration Dispute Resolution
FLIXSEA is interested in resolving disputes amicably. So before you commence arbitration, please contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at firstname.lastname@example.org or at OWNZONES Media Network, Inc. Attn: Legal Department, 315 S Beverly Dr. Suite 508, Beverly Hills, CA 90212.
To commence arbitration against FLIXSEA, you must complete a short form, submit it to the AAA, and send a copy to OWNZONES Media Network, Inc. Attn: Legal Department, 315 S Beverly Dr. Suite 508, Beverly Hills, CA 90212. For more information, see the AAA's claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or FLIXSEA may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and FLIXSEA subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or FLIXSEA, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users, but is bound by rulings in prior arbitrations involving the same Site user to the extent required by applicable law.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules, unless otherwise provided in this Agreement to Arbitrate. Each party will be responsible for all fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse FLIXSEA all fees associated with the arbitration paid by FLIXSEA on your behalf that you otherwise would be obligated to pay under the AAA's rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Future Changes to this Arbitration Agreement
GOVERNING LAW AND JURISDICTION.