TERMS AND CONDITIONS OF USE
OF
flixgadget.com
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of flixgadget.com ("the Website")
and any Services referred to in Clause 2, is subject exclusively to these Terms
and Conditions. You will not use the Website/Services for any purpose that
is unlawful or prohibited by these Terms and Conditions. By using the Website/Services
you are fully accepting the terms, conditions and disclaimers contained in this
notice. If you do not accept these Terms and Conditions you must immediately
stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions
at any time and your continued use of the Website/Services following any changes
shall be deemed to be your acceptance of such change. It is therefore your
responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email, bulletin boards, chat
areas, news groups, forums and/or other message or communication facilities ("the
Services") designed to enable you to communicate with others (such as buddies).
Unless stated otherwise the Services are for your personal and non-commercial use
only.
3 CHILD SUPERVISION (You must be over 18 years old to use this
site)
We are concerned about the safety and privacy of our users, particularly children. Parents
who wish to allow their children access to and use of the Website/Services should
supervise such access and use. By allowing your child access to the Services
you are allowing your child access to all of the Services, including videos, email,
bulletin boards, chat areas, news groups, forums and/or other message or communication
facilities. It is therefore your responsibility to determine which Services
are appropriate for your child. Always use caution when revealing personally
identifiable information about yourself or your children via any of the Services.
4 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to
complete the registration process by providing certain information and registering
a username and password for use with that Service. You are responsible
for maintaining the confidentiality of the username and password and also for all
activities which take place under your account. You agree to immediately
notify us of any unauthorised use of your password or account or any other breach
of security. In no event will flixgadget.com be liable for any indirect
or consequential loss or damage whatsoever resulting from the disclosure of your
username and/or password. You may not use another persons account at any
time, without the express permission of the account holder.
5 ACCEPTABLE USE
5.1 You acknowledge that all information, text, graphics, logos,
photographs, images, moving images, sound, illustrations and other materials ("the
Content"), whether posted publicly or transmitted privately, are the sole responsibility
of the person from whom such Content originated. We do not control or endorse
the Content and cannot guarantee the accuracy, integrity or quality of such Content
and you acknowledge that by using the Services you may be exposed to Content that
is offensive and/or indecent. flixgadet.com will not be liable in any way
for any Content or for any loss or damage of any kind resulting from the use of
any Content transmitted via the Services and you agree to bear all risks associated
with the use of any Content, including any reliance on the accuracy or completeness
of such Content.
5.2 In using the Website/Services you agree not to:
5.2.1 use the Services to send junk email, spam, chain letters,
pyramid schemes or any other unsolicited messages, commercial or otherwise;
5.2.2 post, publish, distribute or disseminate material or information
that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing
or unlawful;
5.2.3 post, publish, distribute or disseminate material or information
that incites discrimination, hate or violence towards any person or group on account
of their race, religion, disability, nationality or otherwise;
5.2.4 threaten, abuse, disrupt, stalk or otherwise violate the
legal rights (including rights of privacy and publicity) of others;
5.2.5 use any information or material in any manner that infringes
any copyright, trademark, patent or other proprietary right of any party;
5.2.6 make available or upload files that contain a virus, worm,
trojan or corrupt data that may damage the operation of the computer or property
of another;
5.2.7 collect or store personal information about others, including
email addresses;
5.2.8 advertise or offer to buy or sell goods or services for
any commercial purpose, unless such communication facility specifically allows such
messages;
5.2.9 impersonate any person or entity for the purpose of misleading
others;
6.2.10 violate any applicable laws or regulations;
5.2.11 use the Website/Services in any manner that could damage,
disable, overburden or impair the Website/Services or interfere with any other partys
use and enjoyment of the Website/Services;
5.2.12 post, publish, distribute or disseminate material or information
that you do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information or confidential information disclosed
in the course of employment or under a confidentiality agreement);
5.2.13 attempt to gain unauthorised access to any of the Services,
other accounts, computer systems or networks connected to the Website/Services through
hacking, password mining or any other means.
5.3 We have no obligation to monitor the Services but shall be
entitled to review materials posted to a communications facility and, at our sole
discretion, to remove any material that breaches these Terms and Conditions or is
otherwise objectionable.
6 TERMINATION
We have the right to terminate your access to any or all of the Services at any
time, without notice, for any reason, including without limitation, breach of these
Terms and Conditions. We may also at any time, at our sole discretion,
discontinue the Website/Services or any part thereof without prior notice and you
agree that we shall not be liable to you or any third party for any termination
of your access to the Website/Services.
7 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled
and maintained by others. Any link to other websites is not an endorsement
of such websites and you acknowledge and agree that flixgadget.com is not responsible
for the content or availability of any such sites.
8 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States of America or the country in which you reside
(if different) and with all local laws and rules regarding acceptable use of and
conduct on the Internet.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 The Website and its content (including without limitation
the Website design, text, graphics and all software and source codes connected with
the Website and the Services) are protected by copyright, trade marks, patents and
other intellectual property rights and laws. In accessing the Website you
agree that you will access the contents solely for your personal, non-commercial
use. None of the content may be downloaded, copied, reproduced, transmitted,
stored, sold or distributed without the prior written consent of the copyright holder. This
excludes the downloading, copying and/or printing of pages of the Website for personal,
non-commercial home use only.
9.2 flixgadget.com does not claim ownership of any materials
you post, upload or submit to any publicly accessible area of the Services. However,
by doing so you are granting us a world-wide, royalty free, non-exclusive licence
to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish
such Content for as long as you elect to display such Content via the Services. The
licence shall be terminated when such Content is deleted from the Services.
10 INDEMNITY
You agree to indemnify and hold flixgadget.com harmless from and against any breach
by you of these Terms and Conditions and any claim or demand brought against flixgadget.com
by any third party arising out of your use of the Services and/or any Content submitted,
posted or transmitted through the Services, including without limitation, all claims,
actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable
legal costs and expenses) howsoever suffered or incurred by flixgadget.com in consequence
of your breach of these Terms and Conditions.
11 DISCLAIMERS AND LIMITATION OF LIABILITY
11.1 Use of the Website/Services is at your own risk. The
Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis
without any representation or endorsement made and without warranty of any kind
whether express or implied, including but not limited to the implied warranties
of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility,
security and accuracy.
11.2 To the extent permitted by law, flixgadget.com will not
be liable for any indirect or consequential loss or damage whatsoever (including
without limitation loss of business, opportunity, data, profits) arising out of
or in connection with the use of the Website/Services.
11.3 flixgadget.com makes no warranty that the Website/Services
will meet your requirements, that Content will be accurate or reliable, that the
functionality of the Website/Services will be uninterrupted or error free, that
defects will be corrected or that the Website/Services or the server that makes
them available are free of viruses or anything else which may be harmful or destructive.
11.4 Nothing in these Terms and Conditions shall be construed
so as to exclude or limit the liability of flixgadget.com for death or personal
injury as a result of the negligence of flixgadget.com.
11.5 Nothing in these Terms and Conditions shall affect your
statutory rights as a consumer.
12 SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal
or unenforceable for any reason by any court of competent jurisdiction then such
Term or Condition shall be severed and the remaining Terms and Conditions shall
survive and remain in full force and effect and continue to be binding and enforceable.
13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with
the law of United States of America and you hereby submit to the exclusive jurisdiction
of the United States courts.
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