Terms and Conditions

Acceptance

Kinoflix Website

Website Use

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.

Registered Users, Subscribers, Free Trials, Billing and Cancellation

Intellectual Property Rights

User Submissions

Digital Millennium Copyright Act

Kinoflix’s designated Copyright Agent to receive notifications of claimed infringement is Mladen Lucich, 200 Winchester Circle, Los Gatos, CA, 95032 , USA email: info@kinoflix.com. 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.

Warranty Disclaimer

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.

Indemnity

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.

Assignment

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.

General

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.

Contact Information:

Please contact Kinoflix with any questions or comments about these Terms and Conditions at info@kinoflix.com