- Kinoflix reserves the right to modify, revise, or alter all terms and conditions at any time with or without notice. Please periodically review the terms and conditions for the most up to date notice. Nothing in the terms and conditions shall be deemed to confer any third-party rights or benefits.
- These terms and conditions apply to all users of the Kinoflix Website (“Website”), including users who are also contributors of video content, information, and other materials or services on the Website, including but not limited to: the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Website.
Kinoflix hereby grants you permission to use the Website as set forth in the terms and conditions, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use, except as otherwise authorized; (ii) you will not copy or distribute any part of the Website in any medium without the prior written authorization of Kinoflix; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with all terms and conditions.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. However Kinoflix grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Kinoflix reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions, except where otherwise authorized.
Registered Users, Subscribers, Free Trials, Billing and Cancellation
- Becoming a Registered User You may register as a Kinoflix registered user of the Website free of charge (a "User"). To become a User, submit your email address to Kinoflix and create a password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
- Ongoing Subscription. Your Kinoflix monthly subscription, which may start with a free trial, will continue month to month, until you cancel your subscription. You must have Internet access and provide us with a current, valid, accepted method of payment to use the Kinoflix Subscription service. We will bill the subscription fee to your Payment method. You must cancel your subscription before it renews in order to avoid billing of the next period's subscription fees to your Payment method.
- Free Trials Your free trial period will commence by clicking ‘Start you Free Trial’, selecting a plan and completing the registration process.
- The free trial period of your subscription lasts for 30 days, or as otherwise specified. Free trials are for new and certain former users only. Kinoflix reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment method for subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your trial or your subscription, visit our website and click the "Subscription" link under settings available at the top of the pages of the Kinoflix website.
- You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. We will continue to bill your Payment method for your subscription fee until you cancel.
- Recurring Billing. By starting your Kinoflix subscription, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Kinoflix service to your Payment method.
- Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms & Conditions, any price changes to your service will take effect following email notice to you.
- Billing Cycle. The subscription fee for our service will be billed at the beginning of the paying portion of your subscription unless and until you cancel your subscription. We automatically bill your Payment method monthly on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Kinoflix monthly subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment method would be billed on that date. Your renewal date may change due to changes in your Subscription.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
- Payment methods. You may edit your Payment method information by visiting our website and clicking on the "Subscription" under settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment method, as it may be updated. This may result in a change to your payment billing dates. If you signed up for Kinoflix using your account with a third party (i.e., iTunes, Google Play, Sony Entertainment Network or similar account) as a Payment method, and wish to cancel your Kinoflix subscription at any time, including during your free trial, you will need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Kinoflix service. You may also find billing information about your Kinoflix subscription by visiting your account with the applicable third party. For certain Payment methods, the issuer of your Payment method may charge you a foreign transaction fee or other charges. Check with your Payment method service provider for details.
- You may cancel your Kinoflix subscription at any time, and you will continue to have access to the Kinoflix service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. To cancel, go to the "Subscription" under settings.
Intellectual Property Rights
- All content (“Content”) on the Kinoflix Website, (excluding User Submissions as defined below), including but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, as well as trademarks, service marks and logos contained therein are owned by or licensed to Kinoflix subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
- Content on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
- Kinoflix reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
- If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Kinoflix Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Kinoflix Website or the content therein.
- The Kinoflix Website may now or in the future permit the submission of videos or other communications submitted by you and other users and the hosting, sharing, and/or publishing of such “User Submissions.” You understand that whether or not such User Submissions are published, Kinoflix does not guarantee any confidentiality with respect to any submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Kinoflix to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms and conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms and conditions.
- You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Kinoflix, you hereby grant Kinoflix a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Kinoflix Website and Kinoflix’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Kinoflix Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Kinoflix Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these terms and conditions. The foregoing license granted by you terminates once you remove or delete a User Submission from the Kinoflix Website
- In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Kinoflix all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Kinoflix or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic (provided, however, that partial nudity is permitted) , harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
- Kinoflix does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Kinoflix expressly disclaims any and all liability in connection with User Submissions. Kinoflix does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Kinoflix will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Kinoflix reserves the right to remove Content and User Submissions without prior notice. Kinoflix may also terminate a User’s access to its Website, if they are determined to be an infringer, at Kinoflix’s sole discretion. Kinoflix also reserves the right to decide whether Content or a User Submission is appropriate and complies with these terms and conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Kinoflix may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these terms and conditions at any time, without prior notice and at its sole discretion.
- You understand that when using the Kinoflix Website, you will be exposed to User Submissions from a variety of sources, and that Kinoflix is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kinoflix with respect thereto, and agree to indemnify and hold Kinoflix, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
- Kinoflix permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Kinoflix may provide an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Kinoflix website on the pages containing the Embeddable Player. Kinoflix reserves the right to discontinue any aspect of the Kinoflix Website at any time.
Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Kinoflix’s designated Copyright Agent to receive notifications of claimed infringement is Mladen Lucich, 200 Winchester Circle, Los Gatos, CA, 95032 , USA email: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Kinoflix customer service through http://www.kinoflix.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
YOU AGREE THAT YOUR USE OF THE KINOFLIX WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KINOFLIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KINOFLIX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KINOFLIX WEBSITE. KINOFLIX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KINOFLIX WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KINOFLIX 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 THE PURCHASE OF 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
IN NO EVENT SHALL KINOFLIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KINOFLIX WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT KINOFLIX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Kinoflix, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Kinoflix Website; (ii) your violation of any term of these terms and conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these terms and conditions and your use of the Kinoflix Website.
Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with these terms and conditions. In any case, you affirm that you are over the age of 13, as the Kinoflix Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Kinoflix Website.
These terms and conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kinoflix without restriction.
The Website is controlled and offered by Kinoflix from its facilities in the United States of America. Kinoflix makes no representations that the Kinoflix Website is appropriate or available for use in other locations. Those who access or use the Kinoflix Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree that: (i) the Kinoflix Website shall be deemed solely based in California; and (ii) the Kinoflix Website shall be deemed a passive website that does not give rise to personal jurisdiction over Kinoflix, either specific or general, in jurisdictions other than California. These terms and conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Kinoflix that arises in whole or in part from the Kinoflix Website shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These terms and conditions, together with the Privacy Notice at http://www.kinoflix.com and any other legal notices published by Kinoflix on the Website, shall constitute the entire agreement between you and Kinoflix concerning the Kinoflix Website. If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of this these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Kinoflix’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision. Kinoflix reserves the right to amend these terms and conditions at any time and without notice, and it is your responsibility to review these terms and conditions for any changes. Your use of the Kinoflix Website following any amendment of these terms and conditions will signify your assent to and acceptance of its revised terms. YOU AND KINOFLIX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE KINOFLIX WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Date Last Modified:
These Terms and Conditions were last modified on February 3, 2017.
Please contact Kinoflix with any questions or comments about these Terms and Conditions at email@example.com