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Terms of Service

December 6th, 2008

The following Terms of Service agreement ("Agreement") governs the use of flixq.com ("Service"), including without limitation participation in its content sharing system, forums, bulletin boards, all other online areas and use of all software as provided by United Networks, LLC ("Service Provider," “we,” or “our”).

Your use of and/or registration on any aspect of the Service will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the Service.

The Agreement may need to be modified from time to time; the date of the most recent revisions will appear on this page. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to follow these rules may result in suspension or termination of your access to the Service, without notice, in addition to other remedies.

1. Account Information:

Service Provider may require that you register and/or set up an account to use certain portions of the Service, or the Service as a whole. In order to do so, you may be provided, or required to choose, a user name and password. You may also be asked or choose to associate other information with your account, including but not limited to your name, email address, age, location and other registration information (collectively with username and password, “Account Information”). You agree and represent that all such Account Information provided by you is accurate and up-to-date.

2. Use of User ID/Password

  1. If you register and/or set up an account on the Service, you will be solely responsible for maintaining the confidentiality of your Account Information. You may not authorize others to use your Account Information. You may not sub-license, transfer, sell or assign your Account Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

  2. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Account Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.

  3. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure), you must promptly change your password by using the appropriate update mechanism on the Service.

  4. Users under the age of 14 are prohibited from using the Service.

3. Use of the Service by You

  1. You may share data (videos, or other files) through the proprietary protocol provided by the Service ("User Data"), metadata pertaining to the shared data ("User Metadata"), and textual content provided on the site ("User Comments"). User Data, User Metadata and User Comments are collectively referred to as "User Submissions."

  2. Unless otherwise specified, the Service is intended for your personal use only. You are responsible for all use of the Service by you and by those you allow to use, or provide access to, the Service.

  3. The Service contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal use only, provided you keep intact all copyright and other proprietary notices.

  4. You shall be solely responsible for your own User Submissions and the consequences of sharing or publishing them. In particular, you affirm, represent, and/or warrant that all User Submissions you provide to the Service, including but not limited to videos, photographs, sound and other files, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.

  5. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Service, you hereby grant the Service Provider 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 Service Provider's (and its successors' and affiliates') business. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Service. You understand and agree, however, that the Service may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.

  6. You agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations. You agree not to place on the Service any material that is abusive, harassing, racist, or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone's privacy, contains stegonographic content, or encourages conduct that would constitute a criminal offense, that gives rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

  7. The Service does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Service Provider expressly disclaims any and all liability in connection with User Submissions. The Service Provider does not permit copyright infringing activities and infringement of intellectual property rights on its Service, and the Service Provider will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. The Service Provider reserves the right to remove User Data, User Metadata and User Submissions for any reason without prior notice.

  8. The Service Provider provides no guarantees, explicit or implict, about the privacy of User Submissions. While the Service will strive to share User Data with parties identified by you, it expressly does not provide a guarantee that the User Data will not be shared with other parties. User Data and User Metadata that are marked public, as well as User Comments in publicly accessible portions of the Service, will be visible to all users of the Service. In addition, User Data, User Metadata and User Comments that are made accessible to a chosen set of users might leak to unintended third parties through user error while granting access, or through a security breach at the Service, or through the actions of a third party over which the Service has no control, or through other means. You indemnify the Service against all damages caused by such leaks. You should be mindful of personal information and other private content you may wish to post online.

  9. The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including without limitation, the “look and feel” of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Service Provider or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.

  10. You may not in any way make unauthorized use of material obtained through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Service.

  11. You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.

  12. Other than connecting to Service Provider's servers by HTTP requests using a Web browser or by custom protocol requests generated by an untampered version of the Service Provider's front-end software, you may not attempt to gain access to Service Provider's servers by any means. You may not attempt to abuse the content distribution protocol supported by the Service Provider in any way, including without limitation attempts to launch denial-of-service attacks, misreport information, or execute tampered clients. While the content distribution protocol is resilient to such attacks, attempting to launch them constitutes a willful breach of this agreement.

4. User Content Is Not Endorsed By Service Provider

Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements contained in any material shared through the Service, or posted on forums, blogs or otherwise contained in the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of the Service Provider. You agree that Service Provider is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

5. Copyright Complaints:

  1. Service Provider respects the intellectual property of others, and we ask our users to do the same. Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.

  2. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Service Provider by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:

    1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    2. Identification of the copyrighted work claimed to have been infringed;

    3. 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, such as a URL, reasonably sufficient to permit Service Provider to locate the material;

    4. Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

    5. A statement that the complaining party has a good faith belief that use of the material in the manner described is not authorized by the copyright owner, its agent, or the law; and

    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Copyright Agent:
Emin Gün Sirer.
3429 Fremont Pl, Suite 300
Seattle, WA 98103

Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to. For communications on other matters, please contact Service Provider as described on the Service.

6. Merchandise Sold On or Through the Service:

Neither Service Provider nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold by others on or through the Service. Transactions for any such item shall be between the user and the third party seller, without any involvement of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, or sold by others on or through the Service, including illegal, offensive or illicit items, even items that violate this Agreement.

7. Fees And Payments

  1. While the Service Provider is currently offering the Service for free, it reserves the right to charge you fees for products or services offered for sale through the Service, and/or for access to portions of the Service or the Service as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Service Provider or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). Service Provider reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.

  2. If you submit your credit, debit or charge card information to Service Provider, you give Service Provider permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Service Provider for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

8. Indemnification:

You agree to indemnify Service Provider and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys' fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.

9. Editing And Deletions:

Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Service, in its sole discretion, without notice.

10. Additional Rules:

Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service. Your continued use of the Service constitutes your agreement to comply with these additional rules.

11. Disclaimer Of Warranty And Limitation Of Liability:

YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.

SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".

12. Termination Or Suspension Of Access To The Service:

Service Provider has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice.

13. Jurisdiction:

Service Provider makes no representation that materials on the Service are appropriate, available or legal in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in New York. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

If you do not agree to the terms contained in this Agreement, please exit the Service by clicking the Back button on your browser to return to the previous page.