Flixster Video Terms of Service for the United Kingdom
Last updated on April 1, 2016
Please read the following terms and conditions ("Terms of Service") carefully. By using the Services (as defined below) or Content (as defined in Section 8), you are agreeing to be bound by these Terms of Service which apply whether you are a registered user of the Services and/or the Content or a non-registered user just browsing (collectively "Users").
IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS THE CONTENT OR USE THE SERVICES. YOU WILL BE ASKED SEPARATELY TO CONFIRM YOUR ACCEPTANCE OF THESE TERMS OF SERVICE WHERE YOU ACCESS PREMIUM CONTENT FOR THE FIRST TIME.
The Flixster Video service ("Flixster Video"), which is owned and operated by Warner Bros. Entertainment Inc. (together with its affiliates, "we" or "us" or “our”) provides services where Users can set up an account and view Premium Content (as defined below) through our Flixster Video website and mobile applications, and other software applications (collectively the "Services").
1. MODIFICATIONS TO SERVICES OR TERMS OF SERVICE
Where we wish to make changes to these Terms of Service and/or the Services (other than changes to the provisions of Section 9 which relate to the Premium Content, as defined in Section 9), we may do so by updating this published version of the Terms of Service, and such changes shall be effective when you next use the Services or access the Content (other than the Premium Content). Please note that visiting any of the websites which comprise the Services shall constitute using the Services.
Please do check back from time to time to see whether there have been any updates to these Terms of Service. The date of the most recent update is specified at the top of the document for ease of reference.
Where we wish to make revisions to the provisions of Section 9 which relate to the Premium Content and which will materially and adversely affect your rights and obligations under these Terms of Service we will notify you in writing of the applicable changes, and such changes shall become effective thirty (30) days following such notification. We will ensure that any such changes are fair and reasonable – please see Section 9 for further information regarding possible changes.
Where we wish to make changes to these Terms of Service and/or the Services as a result of minor technical adjustments to the Services or the Content which do not materially affect your rights and obligations under these Terms of Service, or in order to comply with applicable laws or the requirements of a court or regulator of competent authority, we may do so by updating this posting, and your continued use of the Services and/or the Content will constitute your approval to the changes.
2. ONLINE PRIVACY NOTICE
3. YOUR REGISTRATION.
You may be required to set up a Flixster Video account ("Flixster Video Account") in order to access certain features of the Services.
- Flixster Video Account Information.
If you elect to set up a Flixster Video Account, you will provide true, accurate and complete registration information and will maintain as current and promptly update relevant personal information provided to Flixster Video. You will not use false identities or impersonate any other person or use a name that you are not authorized to use. Only one (1) Flixster Video Account is allowed per user and is for individual use only.
- Security of your Flixster Video Account.
You are responsible for safeguarding and maintaining the confidentiality of your Flixster Video Account information and agree not to disclose your password to anyone, including friends, family, and business associates. Accordingly, you shall not allow other persons access to or use of such username or password. You shall not post your username or password on any website nor transmit it through unsecured sites. If we reasonably consider your username and password are insufficiently secure, we may require you to change it. If you refuse to change your password within a reasonable time of our written request to do so, or if you are otherwise in breach of these terms and conditions, we may terminate your account. You agree that you are entirely and solely responsible for any and all activities or actions undertaken by you, or any other person authorized by you, under your Flixster Video Account. You agree to notify us immediately in the event of any unauthorized use of your Flixster Video Account or any other breach of security.
- Assignment / Transfer of Your Account.
You agree not to assign, transfer or sublicense your rights as a user of the Services, other than as explicitly permitted in these Terms of Service.
Failure to comply with the obligations in this Section 3 may, at our option, result in immediate suspension or termination of your right to use the Services, including Premium Content.
All users of Services must be 13 years of age or older. The Services are not directed toward children under 13 years of age, and we do not knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to us. Our UltraViolet-enabled Services may require you to be over the age of 18 or the age of majority for your territory; please see the terms and conditions of the relevant offer for more details. Please see Section 10 below for terms applicable to UltraViolet-enabled services.
If you are under 18 years of age, your parent or legal guardian will need to agree to these Terms of Service on your behalf.
5. YOUR USE OF THE SERVICES
You are responsible for your use of the Services and for any consequences thereof, including any information or materials you choose to make available, public or private communications transmitted through the Services (including posts), usernames and passwords that you provide to the Services, including those usernames and passwords provided by you for access to various third party services (e.g., social networking and other accounts that you wish to link with your account on the Services).
You will abide by the Flixster Video Code of Conduct (which may be updated from time to time) and all applicable laws in connection with your use of the Services.
You may only use the Services for lawful purposes. You acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify our Services or any portion of them unless we have provided you with express written consent. You may not download or copy information of Users, or otherwise engage in data mining or similar data gathering.
6. USER-SUBMITTED FEEDBACK, SUBMISSIONS, POSTINGS AND E-MAILS
Certain areas on the Services may allow you to provide us or others with photos and other images, commentaries, reviews, audio and video, Feedback (defined below), posts, public and private messages or other potential content from you (“User Materials”). You must ensure that all User Materials you submit will comply with the Flixster Video Code of Conduct.
From time to time, some areas of the Services may expressly request submissions of User Materials. In such cases, specific rules or additional terms may apply to the submission of certain User Materials. These terms will be provided in connection with those portions of the Services and, while these Terms of Service will apply to all User Materials, such additional terms shall supplement the Terms of Service unless expressly provided otherwise. In any event, any User Materials you send to us will not be treated as confidential.
7. OUR USE OF USER MATERIALS
While we do not claim ownership of User Materials, by providing User Materials to us or others via the Services you are automatically granting us a perpetual, irrevocable, worldwide, paid up and royalty-free, non-exclusive license to use the User Materials or any of its elements for any type of use forever, including promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include User Materials you provide. You agree that any User Materials you provide us may be used by us or our affiliates, and you are not entitled to any payment or other compensation for such use.
You hereby confirm: (a) your User Materials will be not be subject to any obligation, of confidence or otherwise, to you or any other person; (b) your posting of the content on or through the Services does not violate the privacy rights, publicity rights, copyrights or other rights of any other person; (c) your posting is in accordance with this Terms of Service; (d) your User Materials will not breach our Code of Conduct; and (e) that you waive in our favour any and all moral rights in and to the User Materials which you submit via the Service. We reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Materials that are contributed to the Services.
8. YOUR USE OF OUR CONTENT
Your right to make use of the Services and materials incorporated in or made available through the Services, including Premium Content, (collectively “Content”) is subject to your compliance with these Terms of Service. Modification or use of the Content on the Services for any purpose not permitted by these Terms of Service may be a violation of intellectual property laws.
You are granted a non-exclusive, non-transferable, limited right and license to access and use the Services and Content solely for your private non-commercial viewing. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use the Services or Content.
You may not transfer, copy or display Content except as permitted in these Terms of Service. In addition, you may not:
i. Sell, rent, lease, distribute, publicly perform or display, broadcast, sublicense or otherwise assign any right to the Content to any third party;
ii. Reproduce, republish, upload, post, transmit, further distribute, customize, modify, or create derivative works from the Content or any portion of the Content;
iii. Remove any proprietary notices or labels on the Content;
iv. Attempt to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the Content; and/or
v. Use the Services or Content for any commercial or illegal purpose.
Any other use or exploitation of the Services, including the Premium Content, is strictly prohibited.
Depending upon your geographic location, the equipment you are using to access Services or Content, your available bandwidth and other factors, you may not have access to portions of the Services or Content.
While using the Services, you may encounter Content that may be deemed offensive, indecent, or objectionable. We shall have no liability to you for the type of Content that you may access except as set forth in Section 18 below. We do not warrant the truth or validity of the information provided via the Services.
9. PREMIUM CONTENT
As part of the Services we may offer you the ability to gain digital access to movies, documentaries, television shows, promotional videos and other video content either without charge or in exchange for a fee (“Premium Content”). Rights to Premium Content may only be purchased or redeemed in the United Kingdom and requires a Flixster Video Account.
All Premium Content is subject to certain terms and conditions, including the following:
- Usage Rules.
Your use of all Premium Content is subject to the applicable Usage Rules. The Usage Rules provide information regarding your permitted use of Premium Content, including the time period during which you are authorized to view different types of Premium Content and limitations on the number and type of Authorized Devices on which each type of Premium Content may be downloaded, streamed, and/or viewed. Premium Content may contain or use technology that protects digital information from access and enforces the Usage Rules.
- Availability of Downloaded or Streamed Premium Content.
We are not responsible for replacing the Premium Content that is downloaded (beyond what is provided in the Usage Rules) if you are unable to view it or if you lose the Premium Content, including if the Premium Content becomes damaged or corrupted, your Authorized Device crashes, your hard drive fails or the Premium Content does not play for any other reason beyond our reasonable control.
You accept that our ability to provide you with Premium Content is dependent on third parties continuing to license the relevant Premium Content to us. If, despite our reasonable efforts, our ability to access any item of Premium Content in order to provide it to you is terminated (including, but not only, where a third party ceases to license the relevant Premium Content to us for use in the Premium Content Services), you accept that we will no longer be able to provide the relevant item of Premium Content to you for streaming or download. We will always ensure that we let you know within a reasonable time where we become aware that Premium Content which you have previously acquired will shortly cease to be available. This will give you an opportunity to download and store your copy of the relevant Premium Content before it ceases to become available, so that you can continue to view the content if it becomes unavailable for further download or streaming from the Services. Likewise, we will also let you know within a reasonable time whenever an unavailable item of Premium Content which you have acquired becomes available via the Services again.
- Accessing the Services and Authorized Devices.
Use of the Services and Premium Content may require the use of other hardware and software products, which are your responsibility. In addition, you are responsible for all charges associated with connecting to the Services, including without limitation all Internet access fees and computer equipment and any service fees or your bandwidth costs, above and beyond any charges you may have incurred when acquiring rights to Premium Content.
In order to access such Premium Content, you must use an Authorized Device. As used herein, an "Authorized Device" means personal computer (Windows or Mac operating systems) or an Android or Apple iOS mobile or tablet device running the Flixster Video mobile app and meeting minimum system requirements that we may establish in our sole discretion from time to time, or any other device that we may authorize in our sole discretion from time to time. Click here for more information on Authorized Devices and an updated list of Authorized Devices. In the event we make such Premium Content available via mobile or tablet applications, or through applications on game consoles, televisions, set-top boxes or other devices, access to the Premium Content via such platforms shall be governed by the agreements, policies and rules established by the provider or entity controlling the application marketplace or relevant operating system or device.
- Future Changes Regarding Premium Content.
We reserve the right to modify, suspend, or discontinue access to Premium Content at any time without notice to you where reasonably necessary to preserve the security of the Services and/or Content or to perform maintenance activities in respect of the Services and/or Content, and we will not be liable to you should we exercise such rights.
The Services in respect of Premium Content are intended to develop, evolve and progress with time. This is a dynamic and innovative service, and we will look to implement improvements in future. For this reason, it may be that from time to time we need to make changes to the Services in respect of Premium Content.
Where such changes do not affect your ability to access and enjoy the Premium Content you have already acquired, or are required by a court or regulator of competent authority or changes to applicable law, we may make such changes at our sole discretion.
Where such changes will affect your ability to access and enjoy the Premium Content you have already acquired, and are not required by a court or regulator of competent authority or changes to applicable law, we will ensure that they are fair and reasonable, with reference to (a) your rights as a consumer; and (b) the nature of a service model in which either no payment at all, or a single initial payment, is made in exchange for the ongoing provision of a service.
Regardless of current intentions, it is not possible for any organization or entity to guarantee that it will be able to continue to provide a service on a perpetual basis either for free or in exchange for a single, up-front fee.
In particular, in certain circumstances: (i) you may not be able to access, view, or use the Premium Content in the same manner as previously; (ii) we may institute a charge for continued access to Premium Content via streaming or downloading; and (iii) we may cease entirely the provision of streaming or downloading access to Premium Content and/or terminate the availability of the Premium Content. You agree that we shall have no liability to you in such circumstances, provided that: (a) we shall continue to provide the Premium Content in materially the same form, and without instituting a charge for access to Premium Content via streaming or downloading, for a minimum period of three (3) years from the date on which you redeem or purchase or otherwise acquire rights to the relevant item of Premium Content; and (b) we will always give you reasonable notice where the availability of Premium Content is to be materially altered in such a manner as to affect your ability to access previously acquired Premium Content via streaming or downloading at no charge, so as to give you an opportunity to download a permanent copy of the relevant Premium Content for future use.
We will not alter the Services in such a manner that would prevent you from being able to access the Premium Content you have already downloaded for no additional charge.
It is, of course, our hope that we will be able to avoid making changes which will materially affect your enjoyment of the Premium Content, or the cost to you of accessing the Premium Content you have acquired. Where we make changes of this type, we will do so in a fair and reasonable manner, and will provide a proper explanation as to why the changes are being made.
- Reservation of Rights.
Except for the rights explicitly granted to you in these Terms of Service, all right, title and interest in the Services and Premium Content are reserved and retained by us and our licensors, and no right, title or interest in the Services or the Premium Content is transferred to you. While you will be the owner of digital files that you download containing the Premium Content, you do not acquire any ownership rights in the Content as a result of utilizing the Services.
B. Types of Premium Content.
Any one or more of the following types of Premium Content may be available via the Premium Content Service:
- UltraViolet Digital Copies.
Our UltraViolet–compatible digital copy service provides a digital copy of a motion picture or television program when you purchase an eligible Blu-ray Disc or DVD that includes an offer for a digital copy of the content specified on the packaging of the Blu-ray Disc or DVD (the "Digital Copy Content"). Please see the packaging of your Blu-ray disc or DVD for the terms applicable to that offer, including any expiration date by which you must redeem your Digital Copy Content. Support for Digital Copy Content is subject to our applicable Usage Rules [link to UK Usage Rules] Please note that not all Digital Copy Content offers are redeemable through this digital copy service and that you should check each product’s packaging to determine that it is redeemable via Flixster Video.
To access and view the Digital Copy Content, you will need to input the authorization code provided in your Blu-Ray Disc or DVD packaging when prompted to do so. You will not be eligible for a refund from us for any portion of the purchase price of your Blu-ray Disc or DVD if the Digital Copy Content is unavailable for any reason.
- Promotional Content.
From time to time we may offer movies, documentaries, television shows, promotional videos and other video content on a promotional basis without charge to you. Such offers will generally be subject to terms and conditions that will be described at the time the offer is made, and your use of the Promotional Content will generally be subject to Usage Rules, the terms applicable to all Premium Content, and any additional terms, conditions and restrictions that will be described at the time you redeem the offer.
- Non-Flixster Video UltraViolet Content.
At our sole discretion and from time to time, We may permit you to stream or download movies, television shows or other content that you have purchased or otherwise acquired from an UltraViolet service other than Flixster Video (the “Non-Flixster Video UltraViolet Content”), and the rights to which have been placed in your UltraViolet locker. Please see Section 10 below for terms applicable to UltraViolet. If we do provide access to such Non-Flixster Video UltraViolet Content from our Services, your use of such content shall be governed by and subject to these Terms of Service. We have no obligation to provide access to such Non-Flixster Video UltraViolet Content, and reserve the right to discontinue your access to Non-Flixster Video UltraViolet Content at any time without notice to you and shall not be liable to you should we exercise such rights. We also reserve the right to institute a charge in the future for continued access to Non-Flixster Video UltraViolet Content. Where we either cease to provide access to your Non-Flixster Video UltraViolet Content or institute a charge for continued access to such content we will always give you reasonable notice, so as to give you an opportunity to download a permanent copy of the relevant Non-Flixster Video UltraViolet Content for future use. Nothing in this paragraph is intended to limit our liability for negligence in respect of the Non-Flixster Video UltraViolet Content.
To access certain Premium Content through our Services, you must register and establish an account (“UltraViolet Account”) with Digital Entertainment Content Ecosystem (“DECE”) LLC, the licensor and operator of UltraViolet, and then link your Flixster Video Account to your UltraViolet Account.
In particular, linking your UltraViolet Account is required in order to:
- redeem and access your Digital Copy Content,
- access Non-Flixster Video UltraViolet Content, or
- acquire and access certain Promotional Content.
When you link your Flixster Video Account to your UltraViolet Account, and when you acquire rights to UltraViolet-enabled Premium Content through the Services, you are required to provide your express consent to allow us to share information about UltraViolet-enabled Premium Content within the UltraViolet service, including to individuals (e.g., family members) who are “Members” under your UltraViolet Account and to other participants in the UltraViolet service.
11. OTHER THIRD-PARTY SITES AND SERVICES
The Services may link you to other websites, software or mobile applications. These sites, software or applications may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by us or any association with its operators.
We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Services or our software since such other sites are owned and operated by independent third parties. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
Parts of the Services may be provided by third-parties and subject to the rules, policies and guidelines of such third parties, including, but not limited to those of Facebook. You may also be able to use the Services to access or purchase video content from a variety of sources. Where the content is provided by a third party source, those services are governed by their respective privacy policies and terms.
12. FLIXSTER DESKTOP APPLICATION
The Flixster Desktop software enables you to download, locate, organize and view downloads of UltraViolet-enabled Premium Content. If you attempt to download certain UltraViolet-enabled Premium Content from the Flixster Video website to your PC or Mac and have not yet installed the Flixster Desktop Application, you may be prompted to download and install the Flixster Desktop Application on your PC or Mac. Installation and use of Flixster Desktop Application is subject to the End User License Agreement, available here
13. TRADE MARKS AND COPYRIGHTS
The Services and the Content are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, branding, logos or images on the Services are also protected as registered or unregistered trade marks, trade names and/or service marks owned by us or others (“Trade marks”). We respect the intellectual property rights of others and ask users of the Services to do the same. You will not infringe the Copyrights, Trade marks or intellectual property rights of us or the owners of Content. The Content, Copyrights or Trade marks may not be used in connection with any other product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or our affiliates.
14. ABUSE OF SERVICES
You agree not to bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Services, or Content or mechanisms that protect or limit use or access to the Services or Content, including, but not limited to, any digital rights management functionality. You agree that you will not compromise security of the Services, Content and/or Flixster Video Accounts or tamper with system resources. Also, decompiling, reverse engineering, disassembling, or otherwise using technical means to investigate and/or replicate the functionality of the Services and/or to copy or create other products based (in whole or in part) on the Services, is prohibited. If you become involved in any violation of system security, we and Rovi reserve the right to release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents.
We reserve the right to investigate suspected violations of these Terms of Service, including without limitation any violation arising from any submission, posting or e-mails you make or send to any portion of the Services. We may seek to gather information from the user who is suspected of violating these Terms of Service, and from any other user. We may suspend any users whose conduct or postings are reasonably believed to be in breach of these Terms of Service and may remove such materials from our servers without notice. If we believe, in our reasonable discretion, that a violation of these Terms of Service has occurred, we may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Service.
16. LOCAL REGULATIONS
The Services and our software are intended for use in the United Kingdom only. We make no representation that Content in or available through the Services is appropriate or available for use outside the United Kingdom, its territories, possessions and protectorates. If you choose to access the Services from other locations you do so on your own initiative and at your own risk.
17. DISCLAIMER OF WARRANTIES
The Service and all materials, information, software, facilities, services, Content and Premium Content in the Service are provided “as is” and without express warranties or promises of any kind. In the absence of any negligence or other breach of duty by us, your use of the Services is entirely at your own risk.
In particular, we do not expressly warrant or promise that the functions or the Content contained in the Services will be available, uninterrupted or error-free, that defects will be corrected or that the Services or the servers that may be used to make the Services available are free of viruses or other harmful components. Neither we nor Rovi make any express warranties or representations as to applications and features provided by third parties.
We do not warrant or make any representations regarding the use of the results of the use of the material, information, software, facilities, Services, Content or Premium Content in the Services, or any web sites linked to the Services in terms of their correctness, accuracy, reliability or otherwise. We make no warranties that your use of the materials, information, software, facilities, Service, Content or Premium Content in the Services or any web site will not infringe the rights of others, and assume no liability or responsibility for errors or omissions in such materials, information, software, facilities, services or content of the Services or any other web site.
This Section does not affect your statutory rights, including without limitation your ability to rely on implied warranties permitted to you by law.
18. LIMITATION OF LIABILITY
Nothing in these Terms of Service shall limit our liability for death or personal injury caused by our negligence, or for fraud, fraudulent misstatement or fraudulent misrepresentaion.
We will not be liable to you for any loss or damage which you suffer as a result of your use of the Services which was not (i) foreseeable by you and us at the time you accepted these Terms of Service; or (ii) caused by a breach of these Terms of Service by us. We are not responsible for indirect losses or damages which occur as a side effect of the main loss or damage and which are not foreseeable by you (such as loss of opportunity).
We will also not be liable to you for any loss or damage which you suffer in respect of which there is no breach of a legal duty of care owed by us to you, or where the loss or damage results from breach by you of these Terms of Service.
Further to the above, we will not be liable to you for any lost profits or interruption to business which you suffer in connection with the Services or your use thereof. This is a consumer service and is not intended for business use.
The material, information and opinions included and/or expressed in or on the Services are not necessarily those of our companies or other content providers.
In no event shall our liability to you, or your liability to us, under these Terms of Service exceed five hundred pounds sterling (£500).
19. JURISDICTIONAL ISSUES
These Terms of Service shall be governed by, construed and enforced in accordance with the laws of England and Wales (or Scotland if you are a Scottish resident). Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales, unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
21. CLAIMS OF INFRINGEMENT
If you believe that any content appearing on the Services infringes your copyright rights, we want to hear from you. Please forward the following information in writing to firstname.lastname@example.org:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We reserve any and all exemptions from liability that may be available under the copyright or other applicable law.
Headings and captions are used herein for convenience only and shall not be used to interpret these Terms of Service.
As used herein, “including” means “including, without limitation.”
23. CONTACT INFORMATION
You may contact us at Warner Bros. Entertainment Inc., 4000 Warner Blvd., Burbank, CA 91522. Please forward any comments or complaints about the Services to email@example.com. Please forward any questions regarding privacy to firstname.lastname@example.org.