Flicksium Premium (the "Service") is a personalized service that offers and helps you discover digital movies, television shows and other video content (collectively, "Digital Content") and other services as provided in this Agreement. There are several ways to access the Service and Digital Content, including through Flicksium Premium and your use of other Premium benefits and Flicksium services are governed by separate terms made available in the apps, websites or devices you use to access those services. If you are under 18 years of age, or the age of majority in your location, you may use the Service only with involvement of a parent or guardian. We also endeavor to continuously improve the Flicksium devices and services and your experience with them.
In order to stream or download Digital Content, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time (a "Compatible Device"). Some Compatible Devices may be used only to stream Digital Content, some may be used only to download Digital Content, and some may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future. The Flicksium entity that provides you the Flicksium Premium mobile app may be different than the Flicksium entity that provides you the Service.
Due to technical and other restrictions imposed by content providers, the Service is available only in certain locations. The Digital Content (including subtitled and dubbed audio versions of Digital Content) and how we offer Digital Content to you will vary over time and by location. Flicksium will use technologies to verify your geographic location. You may not use any technology or technique to obscure or disguise your location.
a. General. The Service may allow you to: (i) access Digital Content on a subscription basis for viewing during a limited period of time during a subscription period (for example, through Flicksium Premium or other subscription or standalone video subscription offering) ("Subscription Digital Content"), (ii) rent Digital Content for on-demand viewing over a limited period of time ("Rental Digital Content"), (iii) purchase Digital Content for on-demand viewing over an indefinite period of time ("Purchased Digital Content"), and/or (v) access Digital Content on a free, ad-supported or promotional basis for viewing over a limited period of time ("Free Digital Content"). Digital Content may be available as Subscription Digital Content, Rental Digital Content, Purchased Digital Content, Free Digital Content, or any combination of those, and in each case is subject to the limited license grant below.
b. Usage Rules. Your use of Digital Content is subject to the Flicksium Premium Video Usage Rules (the "Usage Rules"). The Usage Rules provide important information, including the time period during which you are authorized to view different types of Digital Content (the "Viewing Period") and limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and viewed.
c. Subscriptions/Memberships. Offers and pricing for subscriptions (also referred to at times as memberships), the subscription services, the extent of available Subscription Digital Content, and the specific titles available through subscription services, may change over time and by location without notice (except as may be required by applicable law). Unless otherwise indicated, any price changes are effective as of the beginning of the next subscription period. If you do not agree to a subscription change, you may cancel your subscription per Section 4(d) below. The pricing for subscriptions or memberships may include VAT and/or other taxes. Where applicable, such taxes will be collected by the party with whom you transact for the service, which may be Flicksium or a third party. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available in any subscription. Additional terms applicable to a subscription (such as the applicable cancellation and refund policy) will be indicated on the informational pages for that subscription on the primary Service website for your location.
e. Purchase and Rental Transactions; Cancellations. Except as described in this paragraph, all transactions for Purchased Digital Content, Rental Digital Content are final, and we do not accept returns of such Digital Content. You may cancel an order for Purchased Digital Content or Rental Digital Content within 48 hours of purchase or rental (or, for customers in the UK and European Union, within 14 days from the date of purchase or rental) by clicking "Cancel Your Order" from Your Digital Orders or, for purchases billed through a third party, on the video's detail page on your Video Marketplace or by contacting Flicksium customer service; except that you may not cancel an order for Purchased Digital Content or Rental Digital Content once you have started watching or downloading such Digital Content. If you have purchased Digital Content as part of an Flicksium Premium subscription or membership that you transact for through a third party, the refund terms that apply will be set forth by such third party.
f. Payment Methods. If you sign up for your video-only subscription or membership through us and are billed by us, then the billing terms described below will apply to your subscription or membership.
If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you.
If you purchase a subscription , your subscription will automatically continue, and you authorize us (without further notice, unless required by applicable law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for you.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE PERIODIC SUBSCRIPTION FEE INCLUDING ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON FILE FOR YOU.
If all payment methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge. You can use "Your Account" settings to update your designated payment method(s).
If you signed up for your video-only subscription or membership through a third party and are not billed directly by us, then the billing terms provided by the third party will apply to your subscription or membership.
g. Limited License to Digital Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Flicksium grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use. We may automatically remove Digital Content from your Compatible Device after the end of its Viewing Period.
h. Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions or for other reasons, and Flicksium will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming.
i. Playback Quality; Streaming. The playback resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Digital Content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the streamed Digital Content in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition, ultra-high definition, or high-dynamic-range content.
j. General Restrictions. You may not (i) transfer, copy or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Digital Content for any commercial or illegal purpose.
a. Termination. We may terminate your access to the Service, including any subscription available as part of the Service, at our discretion without notice (except as may be required by applicable law). If we do so, we will give you a pro-rated refund of your subscription fee (if any); however, if you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice, and Flicksium may, in its discretion, immediately revoke your access to the Service and to Digital Content without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded.
b. Explicit Content. By using the Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and Flicksium has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and Flicksium does not guarantee their accuracy.
c. Communications. We may send you promotions or otherwise communicate with you electronically, which may include e-mail, push notification, or posts to your Flicksium Message Center, and you hereby consent to receive those communications (unless you are a customer in the UK, European Union, Turkey or Brazil, in which case you separately decide whether or not you wish to receive these communications). These communications will be in accordance with the Flicksium Privacy Notice of your Video Marketplace. To stop receiving marketing communications from Flicksium Premium, update your marketing communication preferences from Your Account.
d. Modification of Service. Flicksium reserves the right to modify, suspend, or discontinue the Service, or any part of the Service, at any time and without notice (except as required by applicable law), and Flicksium will not be liable to you should it exercise such rights, even if your ability to use Digital Content is impacted by the change.
e. Amendments. Flicksium reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Service. To the maximum extent permitted by law, your continued use of the Service following any changes will constitute your acceptance of such changes. However, any increase in subscription fee will not apply until your subscription is renewed.
f. Reservation of Rights; Waiver. The Service, Software and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
g. Disputes/Conditions of Use. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the governing law, disclaimer of warranties and limitation of liability, dispute resolution and class action waiver (if applicable), and all other terms in the Flicksium Conditions of Use of your Video Marketplace. You agree to those terms on behalf of yourself and all members of your household and others who use the Service under your account by using the Service. YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
h. Limitation of Liability. Without limiting the disclaimer of warranties and limitation of liability in the Flicksium Conditions of Use of your Video Marketplace: (i) in no event shall our or our software licensors' total liability to you for all damages arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers' total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us over the past 12 months to purchase, rent, or view the Digital Content related to your claim for damages. The limitations in this section will apply to you even if the remedies fail of their essential purpose.
CERTAIN JURISDICTIONS, INCLUDING JURISDICTIONS IN THE EUROPEAN UNION, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
i. Contact Information. For communications concerning this Agreement, please contact to Flicksium.
j. Severability. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.