Terms and Conditions
Legal Notice,
Disclaimer, and Terms of Use.
Thank you for visiting the DataFlix Website. Access to and use of the DataFlix World Wide Web site (the “Site") is provided subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
This page contains our full User Agreement. You may wish to print this page for reference.
Limited use of the Site is offered to you by DataFlix subject to, and conditioned upon your acceptance of, these Terms and Conditions of Use (“Terms of Use”). Under these Terms of Use only, DataFlix grants you a license to view and use the interactive features of this Site. If you do not agree to these Terms of Use, you are not an authorized user and should discontinue any use of the Site.
DataFlix reserves the right to change or modify these Terms of Use at any time without notice to you. Please read these Terms of Use carefully, as you are bound to comply with the provisions herein.
Use of the Site; General Terms
License. DataFlix grants you a non-exclusive, non-transferable, limited right and license to access and use this Site, and view and privately display the Site Content by way of one or more computers connected to the Site via IP networks only, and in strict conformity with these Terms of Use. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future and may download those Pictures that are available on the Site on a download basis. However, no other copy or use of any portion of the Site is permissible, and the same would constitute an act of copyright infringement. By way of example, and not limitation, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the Site Content, link or forward any web address to this Site, copy, counterfeit or paste the Site Content to any other website or web page. You may not publicly display any portion of the Site, or any flixs or other audiovisual or digital works available at this Site, without a written license signed by a party authorized to legally bind DataFlix to such a contractual arrangement. Any other use or exploitation of this Site, including the Site Content or Site Code, is strictly prohibited. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Materials from the Site. You agree that links to the Site are only permitted upon express permission from and arrangement with DataFlix. You acknowledge and agree that modification of the Materials or use of the Materials for any other purpose is a violation of DataFlix's and possibly other third parties' copyright and proprietary rights. You agree to use the Materials and this Site only for purposes, which are lawful in every nation and jurisdiction in the world and all subdivisions thereof. If you violate any provision of these Terms of Use, your permission to use the Materials automatically terminates and you must immediately destroy any copy you may have of any of the Materials. Any other use or exploitation of this Site, including the Materials, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
Non-Commercial/Personal Use Limitation. DataFlix grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
Nature of Services. DataFlix offers its Site services for entertainment purposes only. DataFlix does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, DataFlix is not responsible for errors in or omissions from the information contained or accessed through the Site. ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Username/Password. DataFlix may issue you a username and/or password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. DataFlix shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
Communications/ Messages from Users. You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that (i) you have no expectation of privacy in any public Communication and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and DataFlix by reason of your transmitting a public Communication to any area of the Site. As used in these Terms of Use, "Your Posted Material" means any information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, flixs or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Site. You agree that none of Your Posted Material will contain information or content that (i) infringes on the copyright or any other rights of any person or entity; (ii) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential; (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality. Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that: (a) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (b) constitutes, contains, or encourages "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type; (c) contains false or misleading information; (d) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (e) with respect to "chat rooms" or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form). DataFlix shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on such Forums for any reason whatsoever. DataFlix reserves the right to expel you from or suspend your access to some or all of the Forums for violating the law or these Terms of Use. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Forums and you acknowledge that DataFlix may not be monitoring the Forums and you are not relying upon DataFlix to monitor the Forums. DataFlix takes violations of its customers' rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.
License to Your Postings to the Site; Indemnity. By posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Forums, or Emailing them to us, you automatically grant to DataFlix a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) DataFlix's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to DataFlix's (or its assignee's) exercise of its rights hereunder. Moreover, you agree to indemnify and hold DataFlix harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against DataFlix, arising out of or relating to DataFlix's exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms of Use.
Reservation of Rights. Any rights not expressly granted by DataFlix herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, without the prior written consent of a party authorized to bind DataFlix, except as expressly permitted in these Terms of Use.
Disclaimer of Warranty; Limitation of Liability
As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. DataFlix does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to DataFlix will not be stolen or otherwise surreptitiously obtained. DataFlix is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, DataFlix expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto.
NEITHER DATAFLIX NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES DATAFLIX, ANY PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DATAFLIX AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
NEITHER DATAFLIX, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF DATAFLIX, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Termination. In addition to any other rights of the parties set forth herein, either you or DataFlix may cancel or terminate this Agreement at any time in accordance with the subscription help instructions. DataFlix also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If DataFlix terminates this Agreement based on a breach of any portion of this Agreement, DataFlix reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.
Indemnity. You hereby agree to indemnify, defend and hold harmless DataFlix and its Affiliates from and against any and all liability and costs incurred by DataFlix or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. DataFlix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of DataFlix.
Ownership & Intellectual Property
Ownership. DataFlix is the exclusive owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by DataFlix for limited use pursuant to these Terms and Use. "Site Content" means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site. "Site Code" means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code may sometimes be collectively referred to herein as the "Materials."
Copyright. The Site Content and Site Code are owned by BroadbandVideo and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright © 2003 BroadbandVideo. All Rights Reserved. Unless expressly permitted elsewhere in the Site by DataFlix, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Links to the Site, other than to the Home Page, are only permitted upon express permission from and arrangement with DataFlix. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Trademark. DataFlix, the DataFlix logo, and DataFlix.com are trademarks and service marks belonging to BroadbandVideo. (the "DataFlix Marks"). Any product, service, or trade name other than those owned by DataFlix that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the DataFlix Marks is strictly prohibited.
Copyright Complaints. If you believe that your copyrightable work of authorship has been copied and is being displayed on the Site in such a way that would give rise to a claim for copyright infringement, please follow the procedure regarding Notice and Claims for Copyright Infringement:
NOTICE OF CLAIM FOR COPYRIGHT INFRINGEMENT
If you believe that your copyrightable work of authorship has been copied and is being displayed on the Site in such a way that would give rise to a claim for copyright infringement, please provide NOTICE of such claim by providing the following information to DataFlix's indicated Agent for such claims:
NOTICE REQUIREMENTS
An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on
the Site, including any information, documentation or web address(es) which
would assist DataFlix in locating that material;
Your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or permissible by law;
A statement by you under the penalty of perjury that the information in your
notice is accurate that you are the copyright owner or authorized to act on the
owner's behalf.
AGENT FOR CLAIMS
DataFlix
6091 S. Quebec St. Ste. 200
Centennial, CO 80111
Tel: 720-488-2848
Fax: 303-488-4015
E-Mail:
legal@DataFlix.com
Terms Relating to Pay Per View Offerings
Fee-Based Service Charges. Most of the Content on the Site is available only on a fee basis (that is, you must pay to access the Content). This Content is sometimes referred to herein as the "Fee-Based Services". Currently, there is one type of Fee-Based Services, pay-per-view ("PPV") offerings in which you must pay a set price to view that one particular flix for a specified number of views.
Terms relating to Pay-per-View offerings.
Our pay-per-view (PPV) offerings are available at different price points, and we reserve the right to change those at any time. At any event, whatever the price, it will always be clearly marked on the launch page for the flix and clearly marked when you enter your credit card information.
A valid PayPal account using a valid credit card (VISA, MasterCard or American Express) or bank account is required to pay for the PPV flix. The PPV fee will be charged only when you submit the credit card info to us.
Currently, each flix is allowed 5 views, eitherfor yourself or to give away as gifts. We reserve the right to change the number of views with respect to future flixs but will not change the number of views with respect to flixs that you have already paid for. You can watch the flix whenever you want, up to the allowed number of views for that flix. After those views are used up, if you want to watch the flix, you will have to pay the PPV fee again.
Once you buy the PPV flix, you may watch it from any computer or device with access to the Site. We do, however, reserve the right to change that policy at any time and from time-to-time.
Terms Relating to Refunds. If you purchase one of our PPV flixs and are unable to view your selected flix(s), please send an e-mail to feedback@DataFlix.com. We will work with you to try to solve your problem. If we are unable to do so we will refund your purchase.
TERMS RELATING TO ADULT CONTENT
If you access any adult or mature content on the Site, you represent and warrant that you (i) are at least 18 years of age (21 years of age in AL, MS, NE, WY, and any other location where the age of majority is greater than 18); (ii) are interested in accessing and viewing sexually oriented content; (iii) will not expose the content to a minor or any person who may find the content offensive; (iv) are familiar with the standards in your community regarding sexually oriented materials; (v) believe that the content on this site appeals to the healthy and normal human interests and standards in your community; and (v) understand and accept that you may be exposed to visual images and sounds that graphically depict nudity and sexual activity, or are otherwise sexual and erotic in nature.
Links to Third Party Sites/Third Party Communications
Hyperlinks. This Site may contain hyperlinks or other references to third party Internet sites that DataFlix does not own or operate. Such hyperlinks are provided for your reference only. DataFlix makes no warranties or representations regarding the availability of, or the content located on or through, such sites. DataFlix does not endorse, sponsor, or review the content contained at the sites to which hyperlinks on DataFlix web sites are directed, nor does DataFlix represent that such sites are appropriate for children, in compliance with laws, or are what they purport to be. Accordingly, DataFlix does not accept any responsibility or liability for content contained at such sites. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at the Site.
Third Party Postings. This Site may contain information or advertising for third parties. DataFlix expressly denies any endorsement, sponsorship, approval, or agreement with any third party communication made available via the Site, including messages, information, and advertising of its clients or licensors. DataFlix shall not be deemed to have considered, reviewed, screened, or approved of any such third party communication. However, DataFlix reserves the right for any reason to remove without notice any communication made available via the Site, and to deny in its sole discretion your access or any user access to communications made available via this Site.
"Opt-In" for special notices. DataFlix may periodically make special offers or communications to users of its Site. If you would like to receive such offers or communications, you may "Opt-In" at any time by checking the "Opt-In" box that appears on the E-mail notices page of the Site, and providing the e-mail address you wish to use to receive such notices. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the same page. Selecting the "Opt-In" option constitutes acceptance of DataFlix's use of your e-mail address to send you notices pertaining to DataFlix, its products and services, the Site, the Fee-Based Services, and related topics
General Terms
Notices. Notices by DataFlix to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in these Terms of Use as follows:
(i) Electronic mail
(e-mail) must be sent to
feedback@DataFlix.com
(ii) Mail and courier deliveries must be sent to:
DataFlix
6091 S. Quebec St. Ste. 200
Centennial, CO 80111
Governing Law/Forum Selection. These Terms of Use are governed by the laws of the State of California, USA applicable to contracts made and performed solely in the State of California, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in Los Angeles County, California, USA in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms of Use or this Site.
Relationship Between the Parties. Nothing contained in these Terms of Use shall be construed to constitute you and DataFlix as partners or joint venturers or to constitute employment or any type of agency.
Severability. If any provision of these Terms of Use is held invalid, unenforceable or void, the remainder of the Terms of Use shall not be affected thereby and shall continue in full force and effect.
Age of Majority, Right to enter into this Agreement. You represent and warrant to DataFlix that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
Full Integration. These Terms of Use constitute the entire agreement between you and DataFlix related to this Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this Agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between the you and DataFlix relating to this Site.
Written Agreement. These Terms of Use constitute a written agreement between you and DataFlix. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
Use in Other Locations. This site is controlled and operated by DataFlix from its offices in the State of Colorado, United States of America. DataFlix makes no representation or warranty that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
Force Majeure. DataFlix shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
No Jury Trial. YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH US.
Descriptive Headings. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.
Electronic Form of Agreement. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Modifications
To the Agreement. DataFlix has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of DataFlix in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to discontinue using the Site.
To the Site. DataFlix has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. DataFlix may also impose limits on certain features and services or restrict your access to parts or all of the DataFlix Site without notice or liability.
THANK YOU FOR VISITING DATAFLIX.