Flix Premiere Terms of Use

Effective Date 21 January 2020

BEFORE PROCEEDING, PLEASE READ THE TERMS OF USE CAREFULLY. BY USING OUR WEBSITE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF USE, INCLUDING OUR PRIVACY POLICY, ANY ADDITIONAL TERMS AND CONDITIONS, GUIDELINES, POLICIES, AND FUTURE MODIFICATIONS THEREOF. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE IMMEDIATELY STOP USING OUR WEBSITE AND IF APPLICABLE, DELETE YOUR ACCOUNT.

Welcome to Flix Premiere! We are a subscription based service that provides our members with access to movies streamed over the Internet to certain Internet-connected TVs, computers and other devices ("Flix Premiere ready devices"). Our service also provides recommendations, reviews and other information regarding these movies.

The Flix Premiere service is provided to you by Flix Premiere Ltd. These Terms of Use govern your use of our service. As used in these Terms of Use, "Flix Premiere service", "our service" or "the service" means the service provided by Flix Premiere for discovering and watching movies, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service. By using Flix Premiere Services, you agree to these conditions. Please read them carefully.

Introduction

The following terms, conditions and provisions (the "Terms of Use") govern the relationship between you and Flix Premiere and its subsidiaries, affiliates and/or related entities ("we"or "our") as it pertains to your online dealings with Flix Premiere.

The Flix Premiere Website

By using any part of flixpremiere.com, or any mobile websites or applications owned by Flix Premiere Ltd which may be accessible via Smart Televisions, Home Theatre Systems, Mobile devices or such other technology that may become available from time to time (collectively referred to as the "Website") or establishing an account on the Website, you agree to comply with, and be legally bound by, these Terms of Use, the Privacy Policy (collectively referred to as the "Website Terms"), all applicable laws and all applicable terms of use and policies as may apply to the devices, technology or products used in conjunction with the Website. If the Website Terms are not acceptable to you, you must not use this Website.

"Use" of the Website shall include, but is not limited to browsing the Website and the Content, as hereinafter defined, registering for an account or your devices, and managing your profile on your account for personal details, subscriptions and marketing preferences.

1. Modification of the Website Terms

1.1 We reserve the right, at our sole discretion, to change modify, add or remove portions of the Website Terms at any time with or without notice to you. Please check these Website Terms periodically for changes. Your continued use of the Website after the posting of any changes to these Website Terms constitutes your acceptance of such changes. Modifications to these Website Terms shall be effective as the effective date written above.

2. Membership

2.1 Your Flix Premiere membership will be based upon an automatic monthly renewal subscription type model. To use the Flix Premiere service you must have Internet access and a Flix Premiere ready device, and you must provide us with a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). You can find specific details regarding your membership with Flix Premiere by visiting our website and clicking on the "Profile" link available at the top of the pages of the Flix Premiere website under your profile name.

3. Billing

3.1 The membership fee for our service will be based upon a subscription type model. For free trial subscriptions, a reminder email will be sent 7 days prior to the first payment

3.2 Payment Methods. You can change your Payment Method by visiting our website and clicking on the "Your Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Card or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Card. For certain Cards, the issuer of your Cards may charge you a foreign transaction fee or other charges. Check with your Card service provider for details. Where you have subscribed for the Flix Premiere service via certain Flix Premiere Apps where "In App payment" applies (e.g. Amazon, Roku, or iOS), you will need to manage your Payment Method within the Subscriptions section of the relevant Third Party account.

4. Cancellation

4.1 You can cancel your Flix Premiere membership and/or subscription at any time, for any reason. We do not provide refunds following any changes to our services, amendments to our billing process and/or credits for any unwatched movies or cancelled subscriptions, but you can still use the remainder of your subscription period. Note: All packages other than the basic monthly package do not benefit from the free trial. To cancel, go to your "Profile" page and follow the instructions for cancellation. Where you have subscribed for the Flix Premiere service via certain Flix Premiere Apps where “In App payment” applies (e.g. Amazon, Roku, or iOS), you will also need to cancel your Flix Premiere subscription within the Subscriptions section of the relevant Third Party account.

4.2 Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will appear under our heading "Close-Up".

5. Flix Premiere Services

5.1 You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Flix Premiere service. Minors may only use the service under the supervision of an adult.

5.2 The Flix Premiere service and any content viewed through the service are for your personal and non-commercial use only. During your Flix Premiere membership we grant you a limited, non-exclusive, non-transferable, license to access the Flix Premiere service and view movies on a streaming-only basis. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

5.3 You may view a movie through the Flix Premiere service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such movie. The content that may be available to watch will vary by geographic location and will change from time to time.

5.4 We continually update the Flix Premiere service, including the content library.

5.5 You agree to use the Flix Premiere Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download permanently, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Flix Premiere Service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Flix Premiere Service; use any robot, spider, scraper or other automated means to access the Flix Premiere Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Flix Premiere Service; insert any code or product or manipulate the content of the Flix Premiere Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Flix Premiere Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service. You agree, accept and hold harmless that Flix Premiere does not provide English subtitles to English speaking films, unless indicated.

5.6 The quality of the display of the streaming movies may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all consumer plans allow you to receive HD or Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content, which is defined as resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching a movie will vary based on a number of factors, including your location, available bandwidth at the time, the movie you have selected and the configuration of your Flix Premiere ready device.

5.7 Flix Premiere streaming software is developed by, or for, Flix Premiere and is designed to enable streaming of content from Flix Premiere through Flix Premiere ready devices. This software may vary by device and medium, and functionalities may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you will automatically receive updated versions of the Flix Premiere and related third-party software. If your Flix Premiere ready device is sold, lost or stolen, please deactivate the Flix Premiere ready device. If you fail to log out or deactivate your device, subsequent users may access the Flix Premiere Service through your account and may be able to access certain of your account information. To deactivate a device, follow the instructions on the "Your Profile" page.

5.8 From time to time, Fix Premiere may arrange Theatrical premiere or release events for films. These arrangements and any participation in such events are at the sole discretion of the company.

6. Flix Premiere Content Guidance

6.1 To help you make appropriate choices, we endeavour to provide information/guidance to assist the account holder/owner to decide whether or not to view a particular film. A Rating may have already been set by a standards organisation that determines whether or not the material is appropriate for children, but it is the responsibility of the account holder/owner who must be aged 18 years or above to determine who has access to the film content on their account. If for whatever reason a movie has not been rated by a known standards organisation, Flix Premiere will use its reasonable judgment to determine whether or not the material is appropriate and offer guidance accordingly. Whilst the information/guidance will reasonably follow the criteria set down below by the British Board of Film Classification and/or The Motion Picture Association of America, it may nevertheless be an internal opinion reasonably determined by Flix Premiere. In accordance with these terms it remains the responsibility of the account holder/owner in the supervision of all those under the age of majority. Flix Premiere will issue warnings or notices about individual films where appropriate for the account holder/owner to review before watching a film on a film's details page

6.2 BBFC Ratings

The BBFC is an independent British body that uses minimum ages to categorise films etc:

18: the film or game is only suitable for adults (persons aged 18 or over). It has an adult theme and contains strong scenes of sex or violence that could be quite graphic. It may also contain some very explicit language. It is an offence for a shop to supply an 18-rated video, DVD or game to anyone below the age of 18.

15: the film or game is unsuitable for anyone younger than 15. It may have a fairly adult theme or contain mature content, language and violence which, while not being particularly graphic, is unsuitable for younger teenagers. It is an offence for a shop to supply a 15-rated video, DVD or game to anyone below the age of 15.

12: the film or game is unsuitable for anyone younger than 12. It may have moments of mild violence and swear words. It is an offence for a shop to supply a 12-rated video, DVD or game to anyone below the age of 12.

PG: this stands for "parental guidance", which means that parents might wish to check the film or game before allowing their younger children to watch it.

U: the film or game is suitable for children of all ages.

6.3 MPAA Ratings

The Motion Picture Association of America (MPAA) offers the following voluntary film-rating system designed to provide guidance for parents about which films are suitable for children to see:

G: general audiences; suitable for all ages.

PG: parental guidance; some material may not be suitable for children.

PG-13: parents are strongly cautioned; some material may be inappropriate for children under 13.

R: restricted; under 17s should only watch the film when accompanied by a parent or adult guardian.

NC-17: not suitable for children under the age of 17.

NR/Unrated: the film has not yet been rated by the MPAA.

7. Password and Account Access

7.1 Flix Premiere, through the Website has provided you with the opportunity to register for an account which will allow you to manage your personal details, marketing preferences, and subscriptions. You are not required to create an account. If you do so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form; and (b) maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Flix Premiere has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Flix Premiere maintains the right to suspend or terminate your access to your account and the Website and refuse any and all current or future use of the Website (or any portion thereof). Flix Premiere's use of any personally identifying information you provide as part of the account registration process is governed UK law

7.2 By registering for an account with flixpremiere.com, you affirm that you are either over the age of 18 and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Website Terms, and to abide by and comply with the Website Terms.

7.3 To use certain features of your account, you may also need a username and password, which you will create through the registration process. You are responsible for maintaining the confidentiality of the password and account, and you are responsible for all activities that occur under your password or account. You agree to notify Flix Premiere immediately of any unauthorised 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. Flix Premiere and its respective affiliates, related companies, unaffiliated partners, licensors and/or licensees cannot and will not be liable for any loss or damage arising from Flix Premiere's and/or its respective affiliates, related companies, unaffiliated partners, licensors and/or licensees' failure or your failure to protect your password or account information.

7.4 The member who created the Flix Premiere account and whose Payment Method is charged (the "Account Owner") has access and control over the Flix Premiere account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should not reveal the password nor the Card details (e.g., last four digits of their credit or debit card) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.

7.5 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 Flix Premiere website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We can terminate your account or place your account on hold in order to protect you, Flix Premiere or our partners from identity theft or other fraudulent activity.

8. Governing Law

8.1 These Terms of Use shall be governed by and construed in accordance with the laws of the England. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

8.2 These Terms of Use supersede any preceding terms of use on this Website and any other agreement regarding the use of this Website, whether oral or in writing, and render null and void any preceding terms of use on this Website or any other agreement regarding the use of this Website.

8.3 This Website (excluding linked sites) is owned and/or controlled by Flix Premiere Ltd. Flix Premiere makes no representations or warranties that the Website and/or Content is appropriate for, complies with the laws within, or is available in other jurisdictions. Those who use the Website from jurisdictions other than the UK do so at their own risk and are responsible for compliance with their local laws. By accessing this Website, you and Flix Premiere agree that all matters relating to your access to, and use of, this Website shall be governed by the statutes, regulations and laws of England, as such laws respectively apply. You and Flix Premiere agree and hereby submit to the exclusive jurisdiction and venue of the courts of England with respect to any and all matters arising in connection with these Terms of Use or in consequence of your use of the Website. If any provision the Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity or enforceability of any remaining provision of these Terms of Use.

9. Third-Party Applications

9.1 You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Applications") that interact with the Flix Premiere service. Your use of these Applications may be subject to third-party terms of use or license terms.

10. Unsolicited Material

10.1 Flix Premiere does not accept unsolicited materials or ideas for movies, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Flix Premiere.

11. Survival

11.1 If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

12. Electronic Communications

12.1 We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

12.2 When you use any Flix Premiere Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by email, text, in-app push notices, or by posting notices and messages on this site or via Social Media news feeds. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13. Copyright

13.1 All content included in or made available through any Flix Premiere Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Flix Premiere or its content suppliers and protected by English and international copyright laws. The compilation of all content included in or made available through any Flix Premiere is the exclusive property of Flix Premiere Ltd and protected by UK and international copyright laws.

14. Trademark

14.1 In addition to any registered trademark, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Flix Premiere Service are trademarks in the UK and other countries. Flix Premiere trademarks may not be used in connection with any product or service that is not Flix Premiere, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Flix Premiere. All other trademarks not owned by Flix Premiere that appear in any Flix Premiere Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Flix Premiere.

15. Reviews, Comments, Communications, and Other Content

15.1 Visitors may post comments and other content or communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Flix Premiere reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

15.2 If you do post content or submit material, and unless we indicate otherwise, you grant Flix Premiere a non exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Flix Premiere and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Flix Premiere for all claims resulting from content you supply. Flix Premiere has the right but not the obligation to monitor and edit or remove any activity or content. Flix Premiere takes no responsibility and assumes no liability for any content posted by you or any third party.

15.3 You acknowledge and agree that when using the Website, you might be exposed to user-submitted content ("User Submissions") from a variety of sources, and that Flix Premiere 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 Flix Premiere with respect thereto. You retain all of your ownership rights in any User Submissions that you post to the Website. By uploading and/or posting your User Submission to the Website, you grant Flix Premiere a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (a) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such User Submission for any purpose via all forms of media now known or hereafter devised; and (b) to transfer or sublicense to third parties the unrestricted right to exercise any of the foregoing rights.

15.4 In addition to the grant of the above license, you hereby: (a) agree to waive all moral rights in your User Submission in favour of Flix Premiere; (b) consent to your name appearing as the contributor of your User Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Submission; (c) acknowledge and agree that Flix Premiere is not responsible for any loss, damage, or corruption that may occur to your User Submission; and (d) acknowledge and agree that any User. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website. You acknowledge and agree that Flix Premiere shall in no way be responsible for any authorised and/or unauthorised use, reproduction, distribution or display of your User Submissions by any third party.

15.5 Flix Premiere does not endorse any User Submissions posted on the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Flix Premiere expressly disclaims any and all liability in connection with all User Submissions posted on the Website. Flix Premiere does not permit or condone copyright infringing activities and infringement of intellectual property rights on the Website and we will remove all User Submissions if we are notified that such User Submission infringes on third party intellectual property rights. We reserve the right to remove any User Submission posted on our Website without prior notice and without reason.

15.6 Flix Premiere does not condone the submission of inappropriate content including, without limitation, content that is defamatory, discriminatory or illegal. Flix Premiere shall make reasonable efforts to monitor User Submissions at all times to determine compliance with Website Terms and any operating rules established by Flix Premiere and to satisfy any law, regulation or authorised government request.

15.7 With respect to your User Submission, you agree to not use the Website to submit any content that: is offensive or that promotes racism or hatred; could be harmful to minors; harasses or bullies others; is false, misleading or illegal; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party; contains or displays content of a sexually explicit nature, nudity or sexual activity; facilitates the impersonation of another person; you do not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary or confidential information); engages in commercial activities and/or sales without Flix Premiere's prior written consent.

15.8 The above is a partial list of the kind of activity that is illegal or prohibited on the Website. All users of the Website are encouraged to report inappropriate content by contacting us at the address noted below. Flix Premiere reserves the right to investigate and take appropriate legal action against anyone who, in Flix Premiere's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. In addition, we reserve the right, in our sole discretion, to remove any User Submission without prior notice and for any reason. You are solely responsible for the User Submissions you post on the Website and the consequences of submitting and publishing your User Submissions. You represent, and warrant that your User Submissions do not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Flix Premiere all of the license rights granted herein.

15.9 You agree to indemnify, save and hold Flix Premiere and its affiliated companies, successors, assigns, agents, officers, directors, employees, representatives, partners, licensors, and/or licensees harmless from any claims, losses, damages, liabilities, including legal fees and expenses arising from any violation by you of these Website Terms, or any breaches of the representations and warranties made by you herein. Flix Premiere reserves the right, at your expense, to assume the exclusive defence and control of any matter for which are you are required to indemnify the Released Parties and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

15.10 Posting User Submissions may be made available via one or more social networking sites (i.e. Facebook or Twitter). In order to post User Submissions in this manner, you must have a registered account with the social network, and be logged into the Social Network Account to post the User Submission. If you post a User Submission to the Website through your Social Network Account, you shall comply with its terms and conditions as well as these Website Terms. Flix Premiere shall not be held responsible for your inability to post User Submission to the Website due to your inability to access your Social Network Account or for any unauthorised access or viewing of your Social Network Account that may result when third parties review your User Submissions.

15.11 By agreeing to the Terms of Use and/or by posting a User Submission to the Website through your Social Network Account, you agree that Flix Premiere may access certain information from your Social Network Account. The information you allow Flix Premiere to access may vary depending on the privacy setting you have established through your Social Network Account.

16. Ownership/Proprietary Rights

16.1 The Website is owned and operated by Flix Premiere Ltd. The content, visual interface, interactive features, information, graphics, design, computer code, methods of operation, documentation, software, services and all other elements contained in or as part of the Website (the "Content") and any moral rights contained therein are copyrighted works owned by Flix Premiere Ltd or its affiliates and/or third-party licensors and are protected by UK copyright, trademark, trade dress and patent laws, international conventions and all other relevant intellectual property and proprietary rights and applicable law both in UK and abroad, where permitted. All trademarks, service marks and trade names on the Website are owned by Flix Premiere Ltd, its affiliates and/or third-party licensors. Except as expressly authorised by Flix Premiere Ltd, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Content. Flix Premiere Ltd reserves all rights, including without limitation, all intellectual property rights or other proprietary rights in connection with the Website and the Content. You shall not acquire any right, title or interest to the Website and/or Content, except for the limited rights set forth in these Website Terms. Flix Premiere Ltd will aggressively enforce its intellectual property and other rights to the fullest extent permitted by law or equity including, but not limited to, criminal prosecution. You agree that notwithstanding anything contrary contained herein, you shall have no ownership or other proprietary interest in any account you create and you acknowledge and agree that all rights in and to any account are and shall forever be owned by and enure to the benefit of Flix Premiere Ltd.

17. Disclaimer of Warranties and Limitation of Liability

ALTHOUGH THE CONTENT ON THIS WEBSITE HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, SUCH CONTENT MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR ERRORS, AND IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. NEITHER FLIX PREMIERE LTD NOR ITS LICENSORS, AGENTS, SERVANTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY REPRESENTATION WHATSOEVER AND DISCLAIM ALL STATUTORY, EXPRESS OR IMPLIED WARRANTY, COVENANT AND/OR CONDITION OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, TERMS, COVENANTS OR CONDITIONS REGARDING ACCURACY, FUNCTIONALITY, UNINTERRUPTED SERVICE, COMPATIBILITY, SOFTWARE COMPATIBILITY, FREEDOM FROM COMPUTER VIRUS, MALWARE OR ADWARE, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, RESULTS OBTAINED FROM USE OF THIS WEBSITE, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE ARISING BY LAW, EQUITY, STATUTE, USAGE OF TRADE OR COURSE OF DEALING.

INTERNET SERVICES, LINKS AND CONNECTIONS ARE SUSCEPTIBLE TO TECHNICAL DIFFICULTIES, CRASHES, DOWN-TIME, ACTS OF GOD AND OTHER OCCURRENCES BEYOND THE CONTROL OF FLIX PREMIERE. FLIX PREMIERE SHALL USE ITS REASONABLE EFFORTS TO MAINTAIN A CONSISTENT LINK WITH THE INTERNET, BUT CANNOT AND DOES NOT REPRESENT, WARRANT OR COVENANT THAT IT SHALL MAINTAIN SUCH CONTINUOUS AND UNINTERRUPTED LINK TO THE INTERNET. FLIX PREMIERE LTD SHALL NOT BE LIABLE, OBLIGATED OR OTHERWISE RESPONSIBLE IF IT IS UNABLE OR UNWILLING TO MAINTAIN A CONTINUOUS AND UNINTERRUPTED LINK TO THE INTERNET.

YOUR USE OF THIS WEBSITE MEANS THAT YOU AGREE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK AND LIABILITY. FLIX PREMIERE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, MORAL, INCIDENTAL, COLLATERAL OR SPECIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE DAMAGES ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF THE CONTENT ON THIS WEBSITE, OR THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER FROM THE USE OF, OR INABILITY TO USE, ANY CONTENT ON THIS WEBSITE (OR A WEBSITE LINKED TO THIS WEBSITE), OR ANY OTHER CAUSE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND EVEN IF CAUSED BY ANY ACT, OMISSION OR NEGLIGENCE OF FLIX PREMIERE OR ANY OF ITS LICENSORS, AGENTS, SERVANTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS OR SUPPLIERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE PRECEDING LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW OR EQUITY, IN ALL ACTIONS OF ANY KIND WHATSOEVER, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY PART OF THESE TERMS OF USE DECLARED INVALID BY A COURT OF COMPETENT JURISDICTION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

17.1 The Flix Premiere Services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Flix Premiere services are provided by Flix Premiere Ltd on an "as is" and "as available" basis, unless otherwise specified in writing. Flix Premiere makes no representations or warranties of any kind, express or implied, as to the operation of the Flix Premiere services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Flix Premiere services, unless otherwise specified in writing. You expressly agree that your use of the Flix Premiere services is at your sole risk.

17.2 To the full extent permissible by applicable law, Flix Premiere disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Flix Premiere does not warrant that the Flix Premiere services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Flix Premiere Services, Flix Premiere servers or electronic communications sent from Flix Premiere are free of viruses or other harmful components. Flix Premiere will not be liable for any damages of any kind arising from the use of any Flix Premiere service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Flix Premiere Service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. This includes Flix Premiere not providing English subtitles to English speaking films, unless indicated otherwise.

17.3 It is hereby warranted and agreed by all parties including subscribers, third party licensor's and business partners that NET revenue receivable shall be defined in part by Flix Premiere Ltd as NET of all relevant operational expenses.

18. Our Addresses

18.2 2nd Floor, Berkeley Square House, Berkeley Square, London, W1J 6BD

18.2 468 N. Camden Drive, Suite 200, Beverly Hills, CA 90210

18.3 116 W 23rd Street, 5th Floor, New York NY, 10001

19. Use of the Flix Premiere Software

19.1 You may use Flix Premiere Software solely for purposes of enabling you to use and enjoy the Flix Premiere Services as provided by Flix Premiere, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Flix Premiere Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Flix Premiere Software or otherwise assign any rights to the Flix Premiere Software in whole or in part. You may not use the Flix Premiere Software for any illegal purpose. We may cease providing any Flix Premiere Software and we may terminate your right to use any Flix Premiere Software at any time. Your rights to use the Flix Premiere Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Flix Premiere Software that are specifically identified in related documentation may apply to that Flix Premiere Software (or software incorporated with the Flix Premiere Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Flix Premiere Service is the property of Flix Premiere Ltd or its software suppliers and protected by English and international copyright laws.

19.2 As a condition of your use of the Website, you will not use the Website for any unlawful purpose or in a manner prohibited by these Website Terms. You may not use the Website or Content for commercial purposes. You agree not to reproduce, duplicate, copy, sell, distribute, resell or exploit any portion of the Website and/or Content or use the Website and/or Content for any other purpose other than your personal, private, non-commercial purposes.

• You agree that you will not use the Website and/or Content to defame, harass, abuse, threaten or stalk others or to collect or attempt to collect personal information about users or other third parties.
• You agree not to, intentionally or otherwise, damage, impair or disable the Website and/or Content or any user's enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses,worms, adware or other malicious code.
• You agree not to remove, circumvent, disable, damage or otherwise interfere with any security related features of the Website and/or Content or features that prevent or restrict the use or copying of any content accessible through the Website and/or Content.
• You agree that you will not attempt to gain unauthorized access to the Website and/or Content or any computer system or networks connected to the Website and/or Content, through hacking, password mining or any other means or interfere or attempt to interfere with the proper operation of the Website and/or Content.
• You agree not to use framing techniques to enclose trademarks, logos or other materials posted on the Website or use any of our META tags or other "hidden text" on the Website or contained in the Content without our express written permission.
• You agree not to make unsolicited offers, advertisements, spam and proposals to other users of the Website.
• You agree not to modify, adapt, translate or create derivative works based on the Website or any part thereof.

19.3 Any violation of the above terms is strictly prohibited and can result in the immediate revocation of any licenses granted to you to use the Website and may constitute violations of law.

20. Violations of Terms of Use

20.1 If you breach any of the Terms of Use you may no longer use this Website. Flix Premiere may, in its sole discretion, cancel or terminate your right to use this Website, or any part of this Website, at any time without notice. In the event of such cancellation or termination, you are no longer authorised to access this Website or that part of this Website affected by such cancellation or termination. In such event, the restrictions imposed upon you by these Terms of Use shall still apply. Flix Premiere shall not be liable, obligated or otherwise responsible to any party for damages arising from such a cancellation or termination. Flix Premiere reserves the right to seek all remedies available to it at law and in equity for violations of the Terms of Use.

21. Dispute Resolution

21.1 You agree that any causes of action arising out of or related to these Website Terms or your use of the Website must formally commence within one (1) year after the cause of action arises, otherwise such cause of action is permanently prohibited.

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS OF USE, THE PRIVACY POLICY, AND THAT YOU UNDERSTAND THE NATURE AND CONSEQUENCES OF SAME, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED THEREIN. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE IMMEDIATELY STOP USING OUR WEBSITE AND IF APPLICABLE, DELETE YOUR ACCOUNT.