The terms of this agreement (“Terms of Services” or “Agreement”) govern the relationship between you and MINIFLIX, LLC.
By downloading and installing the Service you are acknowledging that you are at least 18 years old (or older) and you understand and agree to these Terms of Service. We adhere strictly to the laws enacted by the FCC under the Children's Online Privacy Protection Rule (“COPPA”). COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.
MINIFLIX, LLC will not knowingly collect any personal information from children under the age of 13. We also strongly discourage anyone under the age of 18 from downloading and installing any Services or subscribing to the Services. If you are under the age of 18 you must have your parent’s permission to subscribe to any of MINIFLIX, LLC’S services. If you are a parent or guardian of a minor and your child has subscribed to any of our Services please notify us immediately at [email protected] and we will unsubscribe the child, purge their data from our systems and provide you with instructions how to uninstall any applications from the offending device or any device on which it is installed.
Grant of a Limited License to Use the Services
MINIFLIX, LLC hereby grants to a limited license to use the Services under the terms set forth under these Terms of Service. You shall have no right (and shall have no power to grant to a third party any right) to use, store, adapt, reverse-engineer, decompile, disassemble, or modify in whole or in part any of the Services.
The Parties agree that the exclusive ownership of all Intellectual Property Rights in the Services and any MINIFLIX, LLC Marks owned and controlled by MINIFLIX, LLC, and any derivative works thereof, shall at all times remain with MINIFLIX, LLC and/or its licensors.
You agree that the exclusive ownership of all Intellectual Property Rights in the MINIFLIX, LLC Content and the MINIFLIX, LLC Marks, and any derivative works thereof, shall at all times remain with MINIFLIX, LLC and/or its licensors.
The term of the licenses granted to you under this Terms of Services shall commence on the date you accept this Terms of Services and install or otherwise use the Services and ends on the earliest of either of the following events: You uninstalling the Services from your device, notifying us via email of your intention to terminate this agreement or termination of these Terms of Services by MINIFLIX, LLC.
You may terminate this Agreement at any time by uninstalling Services from your device and canceling your subscription as outlined below to the Services.
You understand that the Services are subscription based and You will be billed $3.99 per month (“Fee”) for your use of the Service after your first month of Services which will be provided to You at no cost (“Free Trial”). You will be billed the Fee after your Free Trial has ended. By agreeing to the prompt explaining MINIFLIX LLC’s billing practices at signup you are agreeing to the Fee and the Free Trial as described in this paragraph.
You may unsubscribe from the Service at any time prior to the end of the Free Trial or after the Free Trial has ended by clicking the following link: LINK or by contacting MINIFLIX, LLC customer service via email at: [email protected]. Upon unsubscribing your termination of the Agreement will become effective as of the end of the 30 day billing period for which you were billed the Fee. If you terminated the Agreement prior to the end of the Free Trial you will not be billed the Fee for the Services. There will be no refunds or partial refunds given for partial month usage. For the sake of clarity, if you unsubscribed from the Services, after the Free Trial, on day 20 after being billed. Your termination would become effective 10 days later upon the expiration of that 30 day billing period.
Suspension and Termination of Services
MINIFLIX, LLC may delete, suspend, terminate, limit, modify accounts or access to the Services or any portions thereof, for any reason as MINIFLIX, LLC deems fit with or without any notice to you including but not limited to your failure to pay the Fee.
User Accounts and Services
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of MINIFLIX, LLC.
MINIFLIX, LLC automatically creates a read only email address solely for the purpose of communicating with you.
WITHOUT LIMITING MINIFLIX, LLC’S LIABILITY UNDER SECTION LIMITATION OF LIABILITY BELOW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MINIFLIX, LLC DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL MINIFLIX, LLC BE LIABLE TO YOU (NOR TO ANY ENTITY OR PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER’S RIGHTS) UNDER THIS AGREEMENT FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE, AND INJURY TO PROPERTY IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF THE SERVICES, THE TECHNICAL SYSTEMS, OR BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT. SUCH LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.
You shall defend, indemnify, and hold harmless MINIFLIX, LLC (and its directors, officers, shareholders, employees, and agents) from and against all losses, damages, costs, and expenses, of every kind, including costs of court or arbitration and reasonable attorneys’ fees and disbursements, that are based upon or otherwise in respect of any third party (i) claim, suit, demand, or action for the other party’s breach of any of its representations, warranties, or obligations under this Agreement, or its acts or omissions, or (ii) claim, suit, demand, or action for infringement or violation of that third party’s intellectual property or proprietary rights or (iii) any breach by You of these Terms of Services. The party seeking the defense, indemnification, and hold harmless protection of the other under this Section shall (i) give the other party prompt notice, (ii) cooperate reasonably with the indemnifying party in any defense and settlement, and (iii) permit the indemnifying party to control the defense and settlement with counsel of its own selection.
This Agreement constitutes the entire understanding and contract between the parties with respect to its subject matter. This Agreement supersedes any and all prior and contemporaneous communications and agreements (oral or written) between the parties with respect to the subject matter of this Agreement..
Please check back regularly as these Terms and Conditions may change from time to time without notice.
If any provision of this Agreement is found invalid or unenforceable pursuant to a judicial arbitration decree or decision of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable according to its terms.
You may contact us with any questions or comments at the following address: [email protected]
This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to its principles of the conflict of laws.
Other than with respect to one party’s violation or alleged violation of the other party’s (or its licensors’) intellectual property rights or a breach of the confidentiality provisions of these Terms of Service, all disputes that cannot be resolved by the parties arising out of these Terms of Service shall be initially resolved in mediation, which shall take place exclusively in Los Angeles, California. If, after mediation is attempted and the parties can not come to a settlement then the dispute will solely and finally be settled by arbitration, which shall take place exclusively in Los Angeles, California. The arbitrator(s) shall be experienced in transactions of the kind represented by this Agreement. Arbitrations shall be conducted according to the Commercial Arbitration Rules of the American Arbitration Association and the place of arbitration to be agreed upon by both parties. All arbitration proceedings shall be conducted in private and all documentation and information pertaining to any arbitration shall be confidential information. The Parties agree that the award of the arbitrator shall be (i) the sole and exclusive remedy between them regarding any claims, counterclaims, or issues presented to the arbitrator, (ii) final, binding, and not subject to judicial review, and (iii) that judgment on the arbitration award may be entered and enforced in any court having competent jurisdiction over the parties or their assets. Notwithstanding the submission of any dispute to arbitration under this Agreement, the parties shall continue to cooperate and act in good faith to perform their respective obligations under this Agreement during any such arbitration.
This Agreement shall be binding upon and inure to the benefit of MINIFLIX, LLC and their successors, trustees, and assigns. MINIFLIX, LLC may assign this Agreement, or any of its rights or obligations under these Terms of Service, without your prior express written consent.
A waiver by either party of any term or condition of these Terms of Service in any instance shall not be deemed or construed as a waiver of a subsequent breach thereof, or of any other provision. All remedies, rights, undertakings, obligations, and agreements contained in these Terms of Service shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement by either party.
Relationship of the Parties
MINIFLIX, LLC and you acknowledge that these Terms of Service does not create a partnership, agency, employment, joint venture, or any other relationship between them.
The headings contained in this Agreement are for reference purposes only and shall not control the meaning or interpretation of this Agreement.