You should read and
understand the terms of use as detailed and and listed below, as they
govern your use of our service.
Acceptance of Terms of Use
These Terms
of Use, which include our
Privacy Policy, govern your use of the FlipsideTV service, including all
features and functionalities, instant streaming, our website and user
interfaces, and all content and software associated therewith (the "FlipsideTV
service" or "service"). By using, visiting, or browsing the FlipsideTV
service, you accept and agree to be bound by these Terms of Use. If you
do not agree to these Terms of Use, you should not use the FlipsideTV
service, including our website and user interfaces.
These Terms
of Use govern your use of the FlipsideTV service and you should read
them carefully. The FlipsideTV service is provided by SoCal
Entertainment and Media Company, LLC., or one of its affiliated
companies. The FlipsideTV company that is providing the service to you
(referred to as “FlipsideTV” in these Terms of Use) and with whom you
are entering into this agreement, depends on the country from which you
sign up for the FlipsideTV service.
FlipsideTV
reserves the right, from time to time, with or without notice to you, to
change these Terms of Use, including the Privacy Policy, in our
sole and absolute discretion. The most current version of these Terms of
Use can be reviewed by visiting our website and clicking on "Terms of
Use" located at the bottom of the pages of the FlipsideTV website. The
most current version of the Terms of Use will supersede all previous
versions. We will endeavor to post prior version(s) on our website when
the Terms of Use are updated. You can see changes from previous versions
of the Terms of Use that we have posted by visiting our website and
clicking
here once posted.
Privacy and Communications
Preferences
Any
personally identifying information submitted through the FlipsideTV
service is subject to our
Privacy Policy, the terms of which are incorporated herein. Please review our
Privacy Policy to understand our practices. The date of any changes to
our Privacy Policy will be noted at the bottom of the policy. By using
our service, you are consenting to receive certain communications from
us. For example, FlipsideTV may send you newsletters about new
FlipsideTV features, special offers, promotional announcements and
customer surveys via email or other methods. Please review our Privacy
Policy for further detail on our marketing communications. You can also
find the unsubscribe instructions there.
By using the
FlipsideTV service, you consent to receiving electronic communications
from FlipsideTV. These communications will include notices about your
account (e.g., change in password or Payment Method, confirmation
e-mails and other transactional information) and information concerning
or related to our service. These communications are part of your
relationship with FlipsideTV and you receive them as part of the
FlipsideTV membership. You agree that any notice, agreements, disclosure
or other communications that we send to you electronically will satisfy
any legal communication requirements, including that such communications
be in writing.
Your
FlipsideTV membership may start with a free trial. The free trial period
of your membership lasts for seven days, or as otherwise specified
during sign-up. Free trials may not be combined with any other offers.
If you or another member of your household has been a FlipsideTV member
within the last 12 months, you are not eligible to receive a free trial.
You must have Internet access and a current valid credit card or debit
card, or other accepted payment method ("Payment Method") to use our
service.
We will begin
billing your Payment Method for monthly membership fees at the end of
the free trial period of your membership unless you cancel prior to the
end of the free trial period. If YOU CANCEL PRIOR TO THE END OF YOUR
FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE
"YOUR ACCOUNT" LINK AT THE TOP OF ANY FLIPSIDETV WEB PAGE FOR
CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method
on a monthly basis for your membership fee until you cancel. You may
cancel your membership at anytime; however, there are no refunds or
credits for partially used periods.
We may offer
a number of membership plans, including special promotional plans or
memberships with different limitations. Some of these promotional
memberships are offered by third parties in conjunction with the
provision of their own products and services. We are not responsible for
the products and services provided by such third parties. We reserve the
right to modify, terminate or otherwise amend our offered membership
plans. Unless otherwise stated differently, month or monthly refers to
your billing cycle (See "Billing" below).
By starting
your FlipsideTV membership, you are expressly agreeing that we are
authorized to charge you a monthly membership fee at the then current
rate, and any other charges you may incur in connection with your use of
the FlipsideTV service to the Payment Method you provided during
registration (or to a different Payment Method if you change your
account information). Please note that prices and charges are subject to
change with notice. As used in these Terms of Use, "billing" shall
indicate either a charge or debit, as applicable, against your Payment
Method. The membership fee will be billed at the beginning of the paying
portion of your membership and each month thereafter unless and until
you cancel your membership. We automatically bill your Payment Method
each month on the calendar day corresponding to the commencement of your
paying membership. Membership charges are fully earned upon payment. In
the event your paying membership began on a day not contained in a given
month, we bill your Payment Method on the last day of such month. For
example, if you started your FlipsideTV membership or became a paying
member on January 31st, your next payment date is February 28th and your
Payment Method would be billed on that date. You acknowledge that the
amount billed each month may vary from month to month for reasons that
may include differing amounts due to promotional offers, and you
authorize us to charge your Payment Method for such varying amounts. For
certain Payment Methods, the issuer of your Payment Method may charge
you a foreign transaction fee or related charges. Check with your bank
and credit card issuers for details.
If you are
eligible, and have signed up for a free trial, your Payment Method will
be authorized for up to approximately one month of service during free
trials; however, no charges will be made against the Payment Method
unless you do not cancel prior to the end of your free trial period. We
may also periodically authorize your card in anticipation of membership
or related charges. Membership fees and charges are fully earned upon
payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS
FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may
provide a refund, discount, or other consideration to some or all of our
members ("credits"). The amount and form of such credits, and the
decision to provide them, are at our sole and absolute discretion. The
provision of credits in one instance does not entitle you to credits in
the future for similar instances, nor does it obligate us to provide
credits in the future, under any circumstance. We may change the fees
and charges in effect, or add new fees and charges from time to time,
but we will give you advance notice of these changes by email. If you
want to use a different Payment Method or if there is a change in
Payment Method, such as your credit card validity or expiration date,
you may edit your Payment Method information by visiting our website and
clicking on the "Your Account" link, available at the top of the pages
of the FlipsideTV website. If your Payment Method reaches its expiration
date and you do not edit your Payment Method information or cancel your
account (see, "Cancellation" below), you authorize us to continue
billing that Payment Method and you remain responsible for any
uncollected amounts.
Your
FlipsideTV membership, which may start with a free trial portion, will
continue month- to-month unless and until you cancel your membership or
we terminate it. You must cancel your membership before it renews each
month in order to avoid billing of the next month's membership fees to
your Payment Method. We will bill the monthly membership fee to the
Payment Method you provide to us during registration (or to a different
Payment Method if you change your account information). Membership fees
are fully earned upon payment.
You may
cancel your FlipsideTV membership at any time. WE DO NOT PROVIDE REFUNDS
OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES
OR TV SHOWS. To cancel, visit our website and click on "Cancel
Membership" on the "Your Account" page and follow the instructions for
cancellation under the heading "Cancel Membership."
We reserve
the right to terminate or restrict your use of our service, without
notice, for any or no reason whatsoever.
How Our Streaming Service Works
FlipsideTV is
an online subscription service providing its members with access to
movies & TV shows streaming over the Internet to FlipsideTV ready
devices.
We reserve
the right in our sole and absolute discretion to make changes from time
to time and without notice in how we operate our service. Any
description of how our service works should not be considered a
representation or obligation with respect to how the service will always
work. We are constantly making adjustments to our service and often
these adjustments are not completely captured within these Terms of Use.
Availability. The availability of movies & TV shows to instantly watch will
change from time to time. The quality of the display of the streaming
movies & TV shows 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.
Personal
Computer Requirements and Device Limitations: To enjoy
watching instantly via your personal computer, your equipment must
satisfy certain system requirements. The number of devices and
concurrent streams may change without notice to you. For certain limited
membership plans in the United States, your available FlipsideTV ready
device may be limited to personal computers.
Geographic
Limitation: You may instantly watch a movie or TV show through the
FlipsideTV service only in geographic locations where we offer our
service. The content that may be available to watch will vary by
geographic location. FlipsideTV will use technologies to verify your
geographic location.
FlipsideTV
streaming software: FlipsideTV streaming software is
developed by, or for, FlipsideTV and is designed to enable instant
streaming of content from FlipsideTV through FlipsideTV ready devices.
This software may vary by device and medium, and functionalities may
also differ between devices. For example, this software may be embedded
in a FlipsideTV ready device or we may offer this software to be
downloaded onto a device such as the Apple iPad, or the software may
also be available on an optical media disc to be inserted into disc
drives of certain devices. This software is licensed to you by
FlipsideTV pursuant to these Terms of Use and solely for the purpose of
using the FlipsideTV service and for no other purpose whatsoever. WE DO
NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING
COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of
Warranties and Limitations of Liability set forth in these Terms of Use.
You may not copy or reproduce the software nor may you decompile,
reverse engineer, disassemble, modify or creative derivative works of
any of the software, or any portion thereof. Any unauthorized use of the
software is strictly prohibited and FlipsideTV reserves the right to not
provide the software (including updates) to you at any time and to
discontinue the ability to access the FlipsideTV service through such
software at any time, without prior or any notice.
We do not
warrant that any of the software used and or licensed in connection with
our service will be compatible with other third party software nor do we
warrant that operation of our service and the associated software will
not damage or disrupt other software or hardware. In addition,
FlipsideTV ready devices are manufactured and sold by entities other
than FlipsideTV. A FlipsideTV ready device is any electronics equipment
that is authorized to decode and capable of decoding movies & TV shows
that are transmitted over the Internet by FlipsideTV. These devices may
include mobile devices, stand alone set-top boxes, Internet connected
Blu-ray DVD players, Internet-connected HDTVs, and game consoles. AS
SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE
OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE
WITH OUR SERVICE. By using our service, you agree to look solely to the
entity that manufactured and/or sold you the device for any issues
related to the device and its compatibility with the FlipsideTV service.
Any issues related to our service, including any system requirements,
are covered and limited by these Terms of Use. Please refer to the
Disclaimers of Warranties and Limitations of Liability set forth in
these Terms of Use.
In response
to requests from content providers, or due to technical limitations, or
for any reason in our sole and absolute discretion, and without prior
notice to you, some or all movies &TV shows may not be watched, or may
cease to be available for watching instantly, through our service on
some FlipsideTV ready devices.
We permit you
to post reviews of movies &TV shows available through the FlipsideTV
service. We do not regularly review the content posted on the FlipsideTV
website; however, we reserve the right to reject, remove or edit such
content at anytime without notice. Reviews should not be posted that
contain: harsh, profane or discriminatory language; illegal, obscene,
threatening, defamatory or otherwise objectionable content; URLs, phone
numbers, mailing or e-mail addresses, personal attacks on the movie's or
TV show's creative personnel; misleading information regarding the
origin of the content; or a discussion of FlipsideTV policies or
services. Please click on the "Reviews" link that appears on the
FlipsideTV website for a link to guidelines for writing and posting
member reviews. You understand and agree that we may, but are not
obligated to, review the content and may delete or remove it (without
notice) in our sole and absolute discretion, for any reason or no
reason. Please also see "Use of Information Submitted" below.
WHEN YOU HAVE
SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATING OF MOVIES & TV SHOWS AND
YOUR CITY AND COUNTRY LOCATION GIVEN AT SIGN UP. BY SUBMITTING A REVIEW,
YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL
INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF A MOVIE OR
TV SHOW, AND YOUR CITY AND COUNTRY TO A PUBLIC FORUM, INCLUDING OTHER
MEMBERS OF, AND VISITORS TO, THE FLIPSIDETV SERVICE. IF YOU DO NOT WANT
YOUR REVIEWS, CITY AND COUNTRY TO BE SHARED IN A PUBLIC FORUM, DO NOT
USE THE REVIEW FEATURE.
In addition,
photos or images that you choose to post to your profile must be owned
entirely by you and cannot contain the images of, or owned by, any third
party, and cannot be infringing, vulgar, obscene, invasive of privacy or
publicity rights, hateful, or racially, ethnically or otherwise
objectionable. Like the content of your review itself, you understand
and agree that we may, but are not obligated to, review any photos,
images or pseudonyms you create and may delete or remove them (without
notice) in our sole and absolute discretion, for any reason or no
reason. Please also see "Use of Information Submitted" below.
If you no
longer wish to have your reviews publicly posted, you may delete them.
Use of the
Reviews feature is for your personal, non-commercial use and is at your
own option and risk.
The Reviews
feature may change without notice to you and the degrees of associated
information sharing and functionality may also change without notice.
The member
who created the FlipsideTV account and whose Payment Method is charged
is referred to here as the Account Owner. The Account Owner has access
and control over the FlipsideTV account. The Account Owner's control is
exercised through use of the Account Owner's password and therefore to
maintain exclusive control, the Account Owner should not reveal the
password to anyone. In addition, if the Account Owner wishes to prohibit
others from contacting FlipsideTV Customer Service and potentially
altering the Account Owner's control, the Account Owner should not
reveal the Payment Method details (e.g.,, last four digits of their
credit or debit card, or their email address if they use PayPal)
associated with their account.
BY SHARING
THE FLIPSIDETV SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE
RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF
USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE
HOUSEHOLD MEMBERS.
Tthe
FlipsideTV service is not intended to be used by children without
involvement, supervision, and approval of a parent or legal guardian.
You may
encounter third-party applications (including, without limitation,
websites, widgets, software, or other software utilities)
("Application(s)") that interact with the FlipsideTV service. These
Applications may import data related to your FlipsideTV account and
activity and otherwise gather data from you. These Applications are
provided solely as a convenience to you, and FlipsideTV is not
responsible for and does not endorse the content of such Applications.
SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT
RELATED TO, ASSOCIATED WITH OR SPONSORED BY FLIPSIDETV AND MAY NOT BE
AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. Some of these
Applications may even use FlipsideTV trademarks. Unless otherwise noted
by FlipsideTV on the FlipsideTV website, FlipsideTV is not responsible
for and does not endorse the content of such Applications. You will need
to make your own independent judgment regarding your interaction with
these Applications. If you choose, at your sole and absolute discretion
and risk, to use an Application, such Application may interact with,
connect to or gather and/or pull information from and to your FlipsideTV
account. By using such Applications, you acknowledge and agree to the
following: (i) if you use an Application to share information relating
to your FlipsideTV account, you are consenting to the information about
your account being shared; (ii) your use of an Application may cause
personally identifying information to be publicly disclosed and/or
associated with you, even if FlipsideTV has not provided such
information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION
AND RISK, and you will hold FlipsideTV harmless for the sharing of
information relating to your FlipsideTV account that results from your
use of an Application. You must read all log-in boxes and other pop-up
boxes closely for notices about sharing your FlipsideTV account
information with, through or by any other means identified on an
Application. In addition, the Application's end user license agreement,
terms of use, and/or any other documentation or materials designated by
the Application will govern your use of that Application. It is possible
that you may be able to revoke an Application's access to your
FlipsideTV account at any time, but information shared prior to
revocation may continue to be viewable within, or otherwise continue to
be used by, the Application depending on the policies of such
Application. If you have any questions, concerns, complaints, or claims
about the Applications, you should contact the support or contact
personnel of the Application and not FlipsideTV, unless otherwise
indicated by FlipsideTV. FLIPSIDETV DISCLAIMS ALL LIABILITY ARISING FROM
YOUR USE OF APPLICATIONS.
Account Access; Identity Protection
In order to
provide you with ease of access to your account and to help administer
the FlipsideTV service, FlipsideTV implements technology that enables us
to recognize you as the account holder and provide you with direct
access to your account without requiring you to retype any password or
other user identification when you revisit the FlipsideTV service. You
are responsible for updating and maintaining the truth and accuracy of
the information you provide to us relating to your account.
You are
responsible for maintaining the confidentiality of your account and
password and for restricting access to your FlipsideTV ready device. If
you disclose your password to anyone or share your account and/or
devices with other people, you take full responsibility for their
actions.
If you find
that you're a victim of identity theft and it involves a FlipsideTV
account, you should notify Customer Service. Then, you should report
this instance to all your card issuers, as well as your local law
enforcement agency. Also, 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 FlipsideTV website and not through
a hyperlink in an email or any other electronic communication, even if
it looks official. FlipsideTV reserves the right to place any account on
hold anytime with or without notification to the member in order to
protect itself and its partners from what it believes to be fraudulent
activity. FlipsideTV is not obligated to credit or discount a membership
for holds placed on the account by either a representative of FlipsideTV
or by the automated processes of FlipsideTV.
Disclaimers of Warranties and
Limitations on Liability
THE
FLIPSIDETV SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL
CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR
FUNCTIONALITIES ASSOCIATED WITH THE FLIPSIDETV SERVICE, ARE PROVIDED "AS
IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WITH RESPECT TO THE FLIPSIDETV SERVICE, OUR WEBSITE AND USER INTERFACES,
AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. FLIPSIDETV DOES NOT
GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FLIPSIDETV SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FLIPSIDETV MAY
ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE FLIPSIDETV
SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU.
FLIPSIDETV SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS,
FLIPSIDETV READY DEVICES, AND FLIPSIDETV SOFTWARE (INCLUDING THEIR
CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the
foregoing, we and our licensors assume no liability or responsibility
for any of the following: (i) errors or omissions in the content
delivered by the FlipsideTV service or on the FlipsideTV website or user
interfaces; (ii) recommendations or advice of Customer Service; (iii)
any failure or interruption in the availability of the FlipsideTV
service and/or website or user interfaces, (iv) delivery and or display
of any content contained on the FlipsideTV website, user interfaces, or
otherwise through the FlipsideTV service; and (vii) any losses or
damages arising from the use of the content provided on the FlipsideTV
website, user interfaces, or otherwise through the FlipsideTV service
itself, including any losses or damages arising from downloading of
related software, downloading and/or use of any other software,
including the remote desktop tool offered by Customer Service, optical
media discs or any conduct by users of the FlipsideTV service, website
or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS
DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE,
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not
represent or warrant that the information accessible via our site is
accurate, complete or current. We do not make any representations with
respect to the content contained on movies &TV shows from the FlipsideTV
service or the descriptions of any movie or TV show content contained on
our website and user interfaces. We do not represent or guarantee that
your use of the FlipsideTV service will be free from interruption, loss,
corruption, attack, viruses, interference, hacking, or other security
intrusion and we disclaim any liability with respect thereto. No oral or
written information or advice given by us or our authorized
representative shall create a warranty or otherwise constitute a
representation binding upon FlipsideTV or its affiliated parties.
IN NO EVENT
SHALL FLIPSIDETV, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR
SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR
ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF THE FLIPSIDETV SERVICE, OUR
WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED
THEREWITH, OR OTHERWISE RELATED TO THE FLIPSIDETV SERVICE, INCLUDING ANY
OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES
ARISING FROM THE USE OR INABILITY TO USE THE FLIPSIDETV SERVICE,
INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE
ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN
CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH'S
MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL
APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF
ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER
SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY
POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED
UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED
ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST
POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
FLIPSIDETV
MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING FLIPSIDETV READY
DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional
disclaimers or limitations of liability may be contained in the various
third party software end user license agreements you may have agreed to
in order to access our service.
·
Copyright
The
FlipsideTV service, including all content included on the FlipsideTV
website and user interfaces, or delivered to members as part of the
service, including, but not limited to, movies & TV shows you can watch
instantly, text, graphics, logos, designs, photographs, button icons,
images, audio/video clips, digital downloads, data compilations, and
software, are the property of FlipsideTV or its licensors and are
protected by United States and international copyright, trade secret or
other intellectual property laws and treaties. The compilation of all
content and any software or other materials provided by FlipsideTV on
our website and user interfaces, or in connection with the FlipsideTV
service are the exclusive property of FlipsideTV and its licensors and
are protected by the copyright and trade secret laws in the territories
in which the FlipsideTV service operates and by international treaty
provisions. Content shall not be reproduced or used without express
written permission from FlipsideTV or its licensors. You agree to adhere
to the restrictions set forth under "FlipsideTV streaming software" and
"Limitations on Use." You agree not to decompile, reverse engineer or
disassemble any software or other products or processes accessible
through the FlipsideTV service, not to insert any code or product or
manipulate the content of the FlipsideTV service in any way, and not to
use any data mining, data gathering or extraction method. FlipsideTV
reserves the right to terminate your membership hereunder if FlipsideTV,
in its sole and absolute discretion, believes that you are in violation
of FlipsideTV software restrictions, restrictions against copying movies
& TV shows provided to you by us, or other unauthorized copying or use
of our proprietary content in violation of the copyrights of FlipsideTV
and its licensors. FlipsideTV does not promote, foster or condone the
copying of movies &TV shows or any other infringing activity. The use of
the FlipsideTV service, including movies &TV shows made available to you
by us, is solely for your personal and non-commercial use. Please see
the instructions at the end of these Terms of Use for notifying us of
the presence of any allegedly infringing content of the FlipsideTV
service, including any on the FlipsideTV website and user interfaces.
·
Trademarks
FlipsideTV is
a trademark of SoCal Entertainment and Media Company. The FlipsideTV
logo, FlipsideTV.com, and SoCal Film Festival are trademarks or service
marks of FlipsideTV. The FlipsideTV website and user interfaces,
including but not limited to its graphics, logos, page headers, button
icons, scripts and service names constitute trade dress of FlipsideTV,
Inc. The trademarks, service marks and trade dress of FlipsideTV may not
be used or reproduced without prior written approval from FlipsideTV and
may not be used in connection with any product or service that is not
affiliated with FlipsideTV, in any manner that is likely to cause
confusion among customers, in any manner that dilutes the rights of
FlipsideTV, or in any manner that disparages or discredits FlipsideTV.
Other trademarks that appear on the FlipsideTV website and user
interfaces are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by FlipsideTV. Any
images of persons or personalities contained on the FlipsideTV website
and user interfaces are not an indication or endorsement of FlipsideTV
or any particular product or our service unless otherwise indicated.
Entertainment and Service Content
We distribute
movies, television, and other filmed entertainment and we reserve the
right to display and promote the filmed entertainment or other
information through our service, including our website and user
interfaces, to you in any manner we choose in our sole and absolute
discretion. In addition, the FlipsideTV service allows you and other
third parties to post reviews or comments concerning the entertainment
distributed by us. Any opinions, advice, statements, services, offers,
or other information that constitutes part of the content expressed or
made available by third parties through the FlipsideTV service are those
of the respective authors or producers and not of FlipsideTV, or its
shareholders, directors, officers, or employees or licensors. Under no
circumstances shall FlipsideTV, or its shareholders, directors,
officers, directors, or employees or licensors be held liable for any
loss or damage caused by your reliance on information obtained through
the FlipsideTV service. It is your responsibility to evaluate the
information, opinion, advice, or other content available through the
FlipsideTV service.
FlipsideTV is
free to use any comments, information, ideas, concepts, reviews, or
techniques or any other material contained in any communication you may
send to us ("Feedback"), including responses to questionnaires or
through postings to the FlipsideTV service, including the FlipsideTV
website and user interfaces, without further compensation,
acknowledgement or payment to you for any purpose whatsoever including,
but not limited to, developing, manufacturing and marketing products and
creating, modifying or improving the FlipsideTV service. Furthermore, by
posting any Feedback on our site, submitting Feedback to us, or in
responding to questionnaires, you grant us a perpetual, worldwide,
non-exclusive, royalty-free irrevocable license, including the right to
sublicense such right, and right to display, use, reproduce or modify
the Feedback submitted in any media, software or technology of any kind
now existing or developed in the future.
Please note
FlipsideTV does not accept unsolicited materials or ideas for use or
publication, and is not responsible for the similarity of any of its
content or programming in any media to materials or ideas transmitted to
FlipsideTV. Should you send any unsolicited materials or ideas, you do
so with the understanding that no additional consideration of any sort
will be provided to you, and you are waiving any claim against
FlipsideTV and its affiliates regarding the use of such materials and
ideas, even if material or an idea is used that is substantially similar
to the idea you sent.
From time to
time, we test various aspects of our service, including our website,
user interfaces, service levels, plans, promotions, features,
availability of movies &TV shows, delivery, and pricing, and we reserve
the right to include you in or exclude you from these tests without
notice.
If you need
assistance with your account, you may find answers and reach Customer
Service, where you will find the answers to many frequently asked
questions and information on reaching a live Customer Service
representative.
In certain
instances, Customer Service may best be able to assist you by using a
remote access support tool, which will enable us to interact directly
with your account. We provide such support service only with your
permission and in your presence (via phone and Internet connection).
During the time we are providing you with remote access support service,
we have full access to your desktop. If you do not want us to have this
access, you should not consent to support through the remote access
tool, and we will do our best to assist you through other means. The
Disclaimers of Warranties and Limitations of Liability set forth in
these Terms of Use expressly apply to the use of Customer Service,
including any remote desktop access tool. We may utilize the services of
third parties in providing you customer service support.
Your Conduct in Accessing the
FlipsideTV Service
By accessing
the FlipsideTV service, including the FlipsideTV website and user
interfaces, you agree to use the FlipsideTV service, including all
features and functionalities associated therewith, the website and user
interfaces and all content and software associated therewith in
accordance with all applicable laws, rules and regulations, including
public performance limitations or other restrictions on use of the
service or content therein. In addition, you agree not to upload, post,
e-mail or otherwise send or transmit any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment associated with the
FlipsideTV service. You also agree not to interfere with the servers or
networks connected to any portions of the FlipsideTV service or to
violate any of the procedures, policies or regulations of networks
connected to the FlipsideTV service. You also agree not to impersonate
any other person while using the FlipsideTV service, conduct yourself in
a vulgar or offensive manner while using the FlipsideTV service, or use
the FlipsideTV service for any unlawful purpose.
You must be
18 years of age or older to become a member of the FlipsideTV service.
In certain jurisdictions, the age of majority may be older than 18, in
which case you must satisfy that age in order to become a member. While
individuals under the age of 18 may utilize the service, they may do so
only with the involvement of a parent or legal guardian, under such
person's account and otherwise subject to these Terms of Use. While
FlipsideTV does distribute products that may be watched by children, the
FlipsideTV service is not intended to be used by children, without
involvement, supervision, and approval of a parent or legal guardian.
Unless otherwise specified, the FlipsideTV service, and any content
viewed through our service, are for your personal and non-commercial use
only and we grant you a limited, non exclusive, non transferable,
license to access the FlipsideTV service for that purpose. Except for
the foregoing limited license, no right, title or interest shall be
transferred to you. You may not download (other than through page
caching necessary for personal use, or as otherwise expressly permitted
by these Terms of Use), modify, copy, distribute, transmit, display,
perform, reproduce, duplicate, publish, license, create derivative works
from, or offer for sale any information contained on, or obtained from
or through, the FlipsideTV service, without our express written consent.
FlipsideTV does not promote, foster or condone the copying of movies &
TV Shows, digitally delivered content, or any other infringing activity.
You may not circumvent, remove, alter, deactivate, degrade or thwart any
of the content protections in the FlipsideTV service. You may not frame
or utilize any framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or
form) of FlipsideTV without our express written consent. You may not
purchase search terms or use any meta tags or any other "hidden text"
utilizing the FlipsideTV name or trademarks without our express written
consent. Any unauthorized use of the FlipsideTV service or its contents
will terminate the limited license granted by us and will result in the
cancellation of your membership.
Some of the
hyperlinks on the FlipsideTV website may lead to other websites or other
content that are not controlled by, or affiliated with, FlipsideTV. In
addition, other websites may link to the FlipsideTV website or
FlipsideTV may include links to the websites of businesses, including
those that have associations with us through certain programs. For
example, FlipsideTV may include pages that display and provide
information on Applications, FlipsideTV ready devices or other products.
These pages may provide links to third party sites where FlipsideTV
members may obtain or purchase such Applications and devices. FlipsideTV
has not reviewed these websites and is not responsible for the offerings
of any of these sites or the content, privacy policies or terms of use
of these websites or Applications. You acknowledge and agree that
FlipsideTV is not responsible or liable for, and does not otherwise
warrant, the actions of these third parties, the products or contents on
their websites, or the performance of any Applications and devices. You
should carefully review their privacy statements and other terms and
conditions of use.
Promotional
codes may be redeemed on our website at www.FlipsideTV.com/code.
Promotional code can only be used once and cannot be redeemed for cash,
resold or combined with any other offers, including free trial. A valid
Payment Method may be required when you redeem the promotion code;
however, you will not be charged a membership fee during your
complimentary membership period. FlipsideTV will begin to bill your
Payment Method for membership plan you are on at the end of your
complimentary membership period unless you cancel prior to the end of
that period. If you are already a FlipsideTV member, you may be able to
apply the value of the promotion code toward your existing FlipsideTV
monthly membership. If you received a promotion code through an offer by
a third party, additional restrictions may apply.
Claims of Copyright Infringement
It is the
policy of FlipsideTV to respect the intellectual property rights of
others. FlipsideTV does not condone the unauthorized reproduction or
distribution of movies, TV shows, or other copyrighted content. If you
believe your work has been reproduced or distributed in a way that
constitutes copyright infringement or are aware of any infringing
material available through the FlipsideTV service, please notify us
here.
Please note
that we will not be able to respond to customer service or other
unrelated issues submitted through the copyright claims form above. For
queries that are not related to copyright matters, please see other way
to
contact us.
These Terms
of Use shall be governed by and construed in accordance with the laws of
the state of Delaware, U.S.A. without regard to conflict of laws
provisions. If any provision or provisions of these terms shall be held
to be invalid, illegal, unenforceable or in conflict with the law of any
jurisdiction, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby, and
shall remain in full force and effect.
You and
FlipsideTV agree that any dispute, claim or controversy arising out of
or relating in any way to the FlipsideTV service, including our website,
user interfaces, these Terms of Use and this Arbitration Agreement,
shall be determined by binding arbitration instead of in courts of
general jurisdiction. Arbitration is more informal than a lawsuit in
court. Arbitration uses a neutral arbitrator instead of a judge or jury,
allows for more limited discovery than in court, and is subject to very
limited review by courts. Arbitrators can award the same damages and
relief that a court can award. You agree that, by agreeing to these
Terms of Use, the U.S. Federal Arbitration Act governs the
interpretation and enforcement of this provision, and that you and
FlipsideTV are each waiving the right to a trial by jury or to
participate in a class action. This arbitration provision shall survive
termination of this Agreement and the termination of your FlipsideTV
membership.
If you elect
to seek arbitration, you must first send to FlipsideTV, by certified
mail, a written Notice of your claim ("Notice"). The Notice to
FlipsideTV should be addressed to:
General Counsel, FlipsideTV, 10744
Beach BLvd. #221, Huntington Beach, CA 92648
("Notice Address"). If FlipsideTV elects to seek arbitration, it
will send, by certified mail, a written Notice to the address used for
your membership account. A Notice, whether sent by you or by FlipsideTV,
must (a) describe the nature and basis of the claim or dispute; and (b)
set forth the specific relief sought ("Demand"). If FlipsideTV and you
do not reach an agreement to resolve the claim within 30 days after the
Notice is received, you or FlipsideTV may commence an arbitration
proceeding or file a claim in small claims court. During the
arbitration, the amount of any settlement offer made by FlipsideTV or
you shall not be disclosed to the arbitrator. You may download or copy a
form Notice and a form to initiate arbitration at www.adr.org. If you
are required to pay a filing fee, after FlipsideTV receives notice at
the Notice Address that you have commenced arbitration, it will promptly
reimburse you for your payment of the filing fee, unless your claim is
for greater than US$10,000. The arbitration will be governed by the
Commercial Arbitration Rules and the Supplementary Procedures for
Consumer Related Disputes (collectively, "AAA Rules") of the American
Arbitration Association ("AAA"), as modified by this Agreement, and will
be administered by the AAA. The AAA Rules and Forms are available online
at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to
the Notice Address. The arbitrator is bound by the terms of this
Agreement. All issues are for the arbitrator to decide, including issues
relating to the scope and enforceability of this arbitration agreement.
Unless FlipsideTV and you agree otherwise, any arbitration hearings will
take place in the county (or parish) of your billing address. (If you
reside outside of the United States, any arbitration hearings will take
place in your country of residence at a location reasonably convenient
to you, but will remain subject to the AAA Rules including the AAA rules
regarding the selection of an arbitrator). If your claim is for
US$10,000 or less, we agree that you may choose whether the arbitration
will be conducted solely on the basis of documents submitted to the
arbitrator, through a telephonic hearing, or by an in-person hearing as
established by the AAA Rules. If your claim exceeds US$10,000, the right
to a hearing will be determined by the AAA Rules. Regardless of the
manner in which the arbitration is conducted, the arbitrator shall issue
a reasoned written decision sufficient to explain the essential findings
and conclusions on which the award is based. If the arbitrator issues
you an award that is greater than the value of FlipsideTV’s last written
settlement offer made before an arbitrator was selected (or if
FlipsideTV did not make a settlement offer before an arbitrator was
selected), then FlipsideTV will pay you the amount of the award or
US$1,000, whichever is greater. Except as expressly set forth herein,
the payment of all filing, administration and arbitrator fees will be
governed by the AAA Rules.
YOU AND FLIPSIDETV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and FlipsideTV agree otherwise, the arbitrator
may not consolidate more than one person's claims with your claims, and
may not otherwise preside over any form of a representative or class
proceeding. If this specific provision is found to be unenforceable,
then the entirety of this arbitration provision shall be null and void.
The arbitrator may award declaratory or injunctive relief only in favor
of the individual party seeking relief and only to the extent necessary
to provide relief warranted by that party's individual claim.
Effective Date October 27, 2011
Use of the FlipsideTV service and this Web site constitutes acceptance of our Terms of Use and Privacy Policy.