Exhibe Flix TERMS & CONDITIONS
Welcome to EXHIBE FLIX , the ultimate destination for watching and engaging with the world’s best films! We provide our subscribers with access to motion pictures, streamed over the Internet to computers, iOS and Android mobile devices as well as Internet-connected TV's, game consoles and set-top boxes. These Terms & Conditions are subject to change without prior written notice at any time, in Company’s sole discretion, and such changes shall apply to any purchases made after such changes are posted. Therefore, you should review these Terms of Service prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms & Conditions, do not make any purchases.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1 Registered Users, Subscribers, Free Trials, Billing and Cancellation
Becoming a Registered User. You may register as a EXHIBE FLIX registered user of the Website free of charge (a "User"). To become a User, submit your email address to EXHIBE FLIX and create a password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
Ongoing Subscription. Your EXHIBE FLIX monthly, subscription, which may start with a free trial, will continue month to month, unless and until you cancel your subscription. You must have Internet access and provide us with a current, valid, accepted method of payment to use the EXHIBE FLIX Subscription service. We will bill the subscription fee to your Payment method. You must cancel your subscription before it renews in order to avoid billing of the next period's subscription fees to your Payment method.
Your free trial period will commence by clicking ‘Free Trial’, selecting a plan and completing the registration process.
The free trial period of your subscription lasts for 7 days, or as otherwise specified. Free trials are for new and certain former users only. EXHIBE FLIX reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment method for subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your trial or your subscription, visit our website and click the "Subscription" link under "MY ACCOUNT" available at the top of the pages of the EXHIBE FLIX website.
- You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. We will continue to bill your Payment method for your subscription fee until you cancel.
- Recurring Billing. By starting your EXHIBE FLIX subscription, you authorize us to charge you a monthly, subscription fee at the then current rate, and any other charges you may incur in connection with your use of the EXHIBE FLIX service to your Payment method.
- Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms & Conditions, any price changes to your service will take effect following email notice to you.
- Billing Cycle. The subscription fee for our service will be billed at the beginning of the paying portion of your subscription unless and until you cancel your subscription. We automatically bill your Payment method monthly, on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your EXHIBE FLIX monthly subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment method would be billed on that date. Your renewal date may change due to changes in your Subscription.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
- Payment methods. You may edit your Payment method information by visiting our website and clicking on the "Subscription" under settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment method, as it may be updated. This may result in a change to your payment billing dates. If you signed up for EXHIBE FLIX using your account with a third party (i.e., iTunes, Google Play, Sony Entertainment Network or similar account) as a Payment method, and wish to cancel your EXHIBE FLIX subscription at any time, including during your free trial, you will need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the EXHIBE FLIX service. You may also find billing information about your EXHIBE FLIX subscription by visiting your account with the applicable third party. For certain Payment methods, the issuer of your Payment method may charge you a foreign transaction fee or other charges. Check with your Payment method service provider for details.
Cancellation You may cancel your EXHIBE FLIX subscription at any time, and you will continue to have access to the EXHIBE FLIX service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. To cancel, go to the "Subscription" under "MY ACCOUNT".
2 Passwords & Account Access
- A User has access and control over the EXHIBE FLIX account. A user’s control is exercised through use of the user's password and therefore to maintain exclusive control, the user should not reveal the password to anyone. In addition, if the user wishes to prohibit others from contacting EXHIBE FLIX Customer Service and potentially altering the user’s control, the user should not reveal the Payment method details (e.g., last four digits of their credit or debit card) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
- BY SHARING THE EXHIBE FLIX SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE USER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD SUBSCRIBERS COMPLY WITH THE TERMS & CONDITIONS AND SUCH USER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD SUBSCRIBERS.
- 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 EXHIBE FLIX website and not through a hyperlink in an email or any other electronic communication, even if it looks official. EXHIBE FLIX 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. EXHIBE FLIX is not obligated to credit or discount a subscription for holds placed on the account by either a representative of EXHIBE FLIX or by the automated processes of EXHIBE FLIX .
4 Applications You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the EXHIBE FLIX service. These Applications may import data related to your EXHIBE FLIX account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and EXHIBE FLIX is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY EXHIBE FLIX AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
5 Use of Information Submitted. EXHIBE FLIX is free to use any comments, information, ideas, concepts, reviews, techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the EXHIBE FLIX service, including the EXHIBE FLIX 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 EXHIBE FLIX service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note EXHIBE FLIX does not accept unsolicited materials or ideas for movies, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to EXHIBE FLIX . 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 EXHIBE FLIX 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 material or idea you sent.
6 Customer Support. If you need assistance with your account, click on the "FAQ" or "CONTACT US" links at the bottom left hand corner of every page of our website at any time. There you will find the answers to many frequently asked questions or you will be able to contact us.
7 General Terms & Conditions
Disclaimer of Warranties COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY FILMS MADE AVAILABLE ON THIS SITE. FILMS AND MOVIE GIFTS ARE PROVIDED OR SOLD “AS IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Limitations on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN 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.
8 Copyright Compliance Policy
This is the official copyright compliance policy ("Copyright Compliance Policy") for Exhibeflix.com ("Site," "we," "us," or "our"), an Internet website, and this Copyright Compliance Policy applies regardless of what type of Device you use to access the Site. This Copyright Compliance Policy sets forth the procedures undertaken by Exhibeflix.com to respond to notices of alleged copyright infringement from copyright owners and terminating the accounts of repeat infringers and does not cover any other procedures, for any other purpose, and for any subsidiaries and affiliates of Exhibeflix.com (collectively, "Affiliates"), or any other company, unless specifically stated.
We take protection of copyrights, both our own and others, very seriously. Pursuant to Title 17 of the U.S. Code, Section 512, Exhibe Flix has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law.
How to Send a Notice of Copyright Infringement
In you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on our website infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Send your notice of infringement to our designated agent for receiving such notices:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Exhibe Flix Business & Legal Affairs
Full Address of Designated Agent to Which Notification Should be Sent to:
256 S Robertson Blvd, Suite#104,
Beverly Hills, California 90211
Attn: Business & Legal Affairs - Copyright Compliance
Email Address of Designated Agent:
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.)
Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Site is covered by a single notification, a representative list of such works on our Site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
How to Send a Counter-notice
As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counter-notice as follows:
You must send the counter-notice to our designated agent for receiving notices of infringement, whose name and contact information is above.
Your counter-notice must be a written communication sent and must include substantially the following information:
1. A physical or electronic signature of the subscriber (you the user).
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Repeat Infringer Policy
We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more Postings for which we receive a notice of infringement under this Copyright Compliance Policy. Each user agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.
Sole Statement: This document is the sole statement of the Copyright Compliance Policy with respect to this Site, and no summary, restatement or other version thereof, or other statement or policy, in any form, including, without limitation, machine-generated, is valid.
This Copyright Compliance Policy was last updated on May 19, 2015.