Flixchimp T/A Joognoo LTD Terms Of Business
Flixchimp of 20-22 Wenlock Road London N1 7GU firstname.lastname@example.org (“Flixchimp”) agrees with the entity (“You”, “Your” etc.) it supplies that such provision (now and at all times in future) shall be on the terms outlined in this document (“these Terms”), and upon no other terms whatsoever:
TERMS OF LEGALLY ENFORCEABLE AGREEMENT
- You shall be deemed to have agreed the terms of this document by being notified of its applicability from and in consideration of your subsequent use of the Licensed Application [defined below] and/or ordering supplies subject to that mutual understanding. If You are a legal minor then you must not use the Licensed Application without the prior express consent of Your legal guardians, who shall be deemed to have agreed these Terms for You until You come of age, after which You own use of the Licensed Application and/or ordering supplies will be deemed Your agreement of these Terms.
- These Terms will govern any upgrades provided by Flixchimp that replace and/or supplement the original Licensed Application.
- Flixchimp may reasonably revise these Terms at any time by publishing such revisions on its website, that shall be deemed incorporated in or to replace these Terms (as the case may be) as outlined in clause 1.
- Use of the Licensed Application and the website may enable access to Flixchimp’s and third party services and supplies, some of which may be subject to payment by card (e.g. Mobile airtime ‘Top ups’, International calls and dial plans’, ” in app ” purchases of certain functions of the Licensed Application) (collectively and individually, “Supplies”). The website describes:
- The main characteristics of those Supplies;
- The price for those Supplies, including whether that price is inclusive of taxes and delivery costs [in the absence of which, taxes and delivery costs shall be deemed included in the price]
- The steps involved in completing Your order for such Supplies
- The means to allow You to spot and correct any errors made while inputting details prior to Your order being placed
- The Licensed Application enables you to upload your videos onto the site for paid download by other users:
- The charge for uploading by our pay as you go method of any video on demand shall be 0.50p for the first 500MB [ or any part of that MB – megabyte ] then any extra GB will be charged at the prices shown on the upload page of the site. Please see the upload page for the complete breakdown of our GB ( Gigabyte ) charges and seperate bandwidth charges apply if you upload a live stream/video [ see website for up to date current pricing on all our live stream plans ] You will be able to tag that video with a download price (currently 25p – £9.95). Or become a member of Flixchimp please visit website for all current available membership options. Prices are subject to change at anytime at the sole discretion of Flixchimp
- By uploading any material you certify that the material is yours to upload, and that its uploading to Flixchimp and subsequent downloading from Flixchimp will not infringe the rights of any third party.
- You may not upload content that may be deemed offensive, indecent, objectionable, illegal, or which has explicit language.
- You agree that Flixchimp may, without upload fee refund, remove any of your uploaded content from Flixchimp’s platform at Flixchimp’s discretion, without giving any reason in advance, or entering into any communication afterward beyond stating the reason for any such removal if you enquire.
- If your video or livestream video is not viewed at least once within 3 months then that video shall be automatically removed from the site
- Membership. Your Flixchimp membership will continue month-to-month until terminated. Unless you cancel your membership before your monthly renewal date, you authorize us to charge your next month’s membership fee to your Payment Method (see “Cancellation” below).
- Cancellation. You can cancel your Flixchimp membership/subscription at any time, but your membership/subscription will terminate at that point ,this includes and is the same for if you have any GB [ Gigabytes] remaining as a pay as you go customer and then become a subscriber. We do not provide refunds or credits for any partial-month membership/subscription periods.Should you cancel your membership/subscription you can continue to use Flixchimp as a pay as you go platform.
- If other users download your video from Flixchimp then Flixchimp will collect the download price from such user and then remit to your account 75% minus Paypal’s nominal micro charge of that price collected. Flixchimp shall keep the remaining 25% of the download price as commission.
- DELIVERY : shall be within 30 days of the later of Your payment and order
- CANCELLATION : Apart from download of intangible content after the download has already started (e.g. videos), You will have 14 days from delivery to exercise Your right to cancel any Supplies ordered. If You wish to exercise any such cancellation right then You must give clear notice to that effect in writing delivered personally or sent (which may not be by electronic mail) to the address shown in these Terms. You may use the cancellation form provided at the foot of these Terms if you wish, although you do not have to. If You do duly cancel:
- a Supply which has begun, then Flixchimp will be entitled to payment for Supplies performed up to the point of cancellation, and will only refund the difference between any amount paid and the amount of Flixchimp’s entitlement.
- You must also return any goods whose order You cancel within 14 days of the cancellation (and You will be responsible for the cost of their return).
- Flixchimp is entitled to, and will, deduct the cost from any refund of any decrease in the value of any goods duly returned which results from anything other than necessary handling through the return process.
- Flixchimp will process any refunds due within 14 days of due return and/or cancellation (as applicable). Flixchimp will also refund standard delivery costs only (but not actual delivery costs).
- These Terms (including the Licence [defined below]) are effective until terminated:
- by notice from You or Flixchimp; or
- automatically without notice from Flixchimp if You fail to comply with any term(s) of these Terms.
- Upon termination of the Licence You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
- These Terms constitute the entire agreement between the parties, supersede any previous agreement or understanding. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
- Nothing in these Terms is intended for the benefit of any third parties and the provisions of the Contracts (Right of Third Parties) Act 1999 are expressly excluded.
- If at any time any provision (or part of any provision) of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision (or any other part of that provision) of these Terms.
- English law shall apply to these Terms, and the parties agree to submit all disputes between them to the exclusive jurisdiction of the English courts
GUARANTEES AND LIMITATIONS – PLEASE NOTE
- You understand that by using any of the Supplies You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Supplies at Your sole risk and that Flixchimp shall not have any liability to You for content.
- Neither Flixchimp, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information in any Supplies.
- Certain Supplies may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Supplies, You acknowledge and agree that Flixchimp is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Flixchimp does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Supplies, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.
- Third party Supplies and Third Party Materials that may be accessed from, displayed on or linked to from Your device are not available in all languages or in all countries. Flixchimp makes no representation that such Supplies and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Supplies or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Flixchimp , and its licensors, reserve the right to change, suspend, remove, or disable access to any Supplies at any time without notice. In no event will Flixchimp be liable for the removal of or disabling of access to any such Supplies. Flixchimp may also impose limits on the use of or access to certain Supplies, in any case and without notice or liability.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Flixchimp HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- Flixchimp DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Flixchimp OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
- SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
- TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Flixchimp BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Flixchimp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
- In no event shall Flixchimp’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five pounds (£5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose
APPLICATION LICENCE TERMS
- The software application products available on the site (referred to in this licence as the “Licensed Application”) are commercially licensed software; they are not open-source, freeware or shareware: Licensed Applications are licensed (not sold) for your personal use limited to Flixchimp’s non-transferable permission for You to use the Licensed Application only on the hardware specified on the website that You own or control as a human being (the “Licence”). The Licence does not allow You to use the Licensed Application on any other hardware; in particular You may not:
- distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time;
- rent, lease, lend, sell, redistribute or sublicense the Licensed Application;
- copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application).
- Use the Licensed Application under any form of automated control including any form of control that operates the Licensed Application more quickly than one individual human being would be capable of duly monitoring their interaction with it
- Copy content from the Licensed Application unless that content specifically invites You to do so.
- use the communication systems provided by the Licensed Application for any commercial solicitation or spam purposes.
- spam, or solicit for commercial purposes, any other users of the Licensed Application.
- Flixchimp reserves all rights in the Licensed Application not expressly granted to You by this Licence, and may alter, withdraw or enhance the Licensed Application without Your consent at its sole discretion.
- You agree not to use the Licensed Application to:
- make copies of copyright material, trade secret or material otherwise subject to third party proprietary rights, including privacy and publicity rights (unless either you are the owner of such rights, or you have permission from their owner to copy that material and to grant Flixchimp the licensed rights granted by these Terms)
- publish falsehoods or misrepresentations.
- publish material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise socially inappropriate by normal standards
- impersonate another person;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of Flixchimp’s services or the data contained therein;
- attempt to gain unauthorized access to Flixchimp’s services or the data contained therein
- You accept full responsibility for the content that you submit using the Licensed Application, and indemnify Flixchimp for any losses or costs Flixchimp may reasonably incur as a result of any such messages.
- You must notify Flixchimp immediately of any breach of security or unauthorized use of your device hosting the Licensed Application. Flixchimp is not liable for your losses caused by any unauthorized use of your account with Flixchimp. You indemnify Flixchimp for any losses or costs Flixchimp may reasonably incur as a result of unauthorized use of Your account with Flixchimp
- You agree that Flixchimp may use any data (including data comprising images) that You upload using the Licensed Application in any way Flixchimp may see fit, including for material gain, without further acknowledgement, payment or permission from You. You indemnify Flixchimp against all claims made against Flixchimp that such data You upload infringes the rights of any third party.
- You agree that Flixchimp may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Flixchimp may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You or others
Complete, detach and return this form ONLY IF YOU WISH TO CANCEL AN ORDER:
To: Flixchimp T/A Joognoo LTD, 20-22 Wenlock Road London N1 7GU
I cancel my order number ………… (specify the order number).
Name (please print): …………………………………………