2. PURPOSE OF THE Flixxy.com PORTAL
The Portal purports to provide selected links to videos hosted by independent web sites. As independent contents are not hosted by the Portal, Flixxy.com has no control nor liability for copyrights or for any other sort of rights belonging to third parties. Flixxy.com will not charge for access to any independent contents, and expects Users not to commercially use any contents. Failure to comply with this latter condition shall be the exclusive liability of User.
The content of this web site is offered for informational and/or entertainment purposes only and does not necessarily reflect the opinions of the editors of Flixxy.com. Flixxy.com makes no warranties, express or implied, as to the accuracy and reliability of such content.
3. ACCESS AVAILABILITY
Flixxy.com commits to employ its best technical and economic reasonable efforts to keep the Portal uninterruptedly available for access by Users. There may be causes out of Flixxy.com´s control which may determine suspension of the Portal´s availability, such as failures by ISPs, causes of nature, and others. Users shall arrange at their own initiative and cost for obtaining required Internet access, and relevant equipment and software.
4. SCOPE OF LICENSE
Flixxy.com grants Users a personal, non transferable, non sub-licensable license to access, view, or use the Portal as established in this TOU, based on the following assumptions and covenants: (i) access and use for noncommercial purposes; (ii) run any video files only in the RAM or Cache memory of User´s computer, being any recording into Hard-disk memory dependent upon conspicuous prior permission by relevant copyright holder; (iii) do not lend, borrow, share, assign or transfer any contents to any natural or legal person
6. EXPECTED STANDARDS OF USE
Flixxy.com expects that User does not use the Portal for any illegal, defamatory, discriminatory, abusive, harassing, threatening, obscene, pornographic, hateful, injurious, vexatious, offensive, deceptive, libelous, infringing, disrespectful, violent, vulgar, impersonation, or misrepresentation goals or means. Users are required to use appropriate, polite, and friendly language and comments. Any access, copy, tamper or use of non-public, Flixxy.com´s internal areas of the Portal, or any attempt to probe, scan or test the vulnerability of any Flixxy.com system or network or breach any security or authentication measures shall be deemed as a hacking or cracking action, subject to civil and/or criminal sanctions and penalties, including, but not limited to, any attempt or act to avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological devices protecting the Portal.
7. INTELLECTUAL PROPERTY
All intellectual property over the Portal (including, but not limited to, layout, design, screens, graphics, templates, contents, software, and data bases) belongs to Flixxy.com, The selection of links constitutes exclusive copyright of Flixxy.com, and integrates its proprietary data base. The contents produced by Flixxy.com belong exclusively to Flixxy.com. Any confusing domain names shall be deemed as illegal, unfair competition, subject to penalty under applicable statutory laws. Any third parties which may present complaints regarding access to links, trademark references, copyrighted materials, or any other intellectual property infringement are requested to direct such complaints with precise details to firstname.lastname@example.org. The Portal´s technology, its systems and engines (including, but not limited to, its automated methods of selecting, categorizing, rating and ranking content materials) are subject to patents protection, and any use, copy, reformatting or display of relevant ideas and inventions shall be dependent upon Flixxy.com´s prior, conspicuous formal consent. Reverse engineering, decompiling, disassembling, or deciphering the Portal´s software and systems, or use of mirroring or of framing techniques regarding the Portal, are expressly forbidden.Flixxy does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove all Content if properly notified that such content infringes on another's intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the written information specified below:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- A description of all of the copyrighted works that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Flixxy website, including, a URL of the specific location of the infringing material;
- Information sufficient to allow us to contact you including, at a minimum, 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 the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Note: Flixxy does not host any videos or music on its servers. Flixxy links to YouTube (and occasionally to Vimeo, Dailymotion, etc.) via "embedded links".
Therefore it is best to direct any takedown notices for video or music directly to YouTube (or Vimeo, Dailymotion, etc.).
For any video or music Copyright Infringement Notifications on a YouTube video please contact:
The contact links for other video hosting sites are:
By contacting the video hosting site directly, your intellectual property will be removed from all sites that are linking to it.
In the unlikely event that this proves unsuccessful, please let us know the exact details and we will take appropriate action.
8. WARRANTY DISCLAIMER
The use of the portal is the sole liability of the user. Flixxy.com disclaims any warranty regarding results of the use of the Portal, being its only commitment to employ best reasonably technical and economic efforts, to the extent of Flixxy.com formally stated purposes. Flixxy.com can not guarantee against hacking, cracking, and other incidents. User is advised to seek for own protection measures or insurance. There is no express or implicit warranty of accuracy, completeness, fitness, security, or of non-infringement.
9. LIMITATION OF LIABILITY
In no event shall Flixxy.com, its shareholders, officers, employees, or agents, be liable to User or to third parties for any direct, indirect, incidental, special, punitive, or consequential damages, costs, debts, expenses, fees (including, but not limited to, attorney's fees) resulting from (i) errors, mistakes, or inaccuracies of comments, content or of operation, (ii) personal injury or property damage, of any nature, resulting from access to or use of the Portal, (iii) unauthorized access to or use of Flixxy.com servers and/or any and all personal information or comments stored therein, (iv) interruption or cessation of transmission to or from the Portal, (iv) spyware, scam, bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Portal, v) User´s violation of this TOU or of any third party copyright, privacy, or property rights, and/or (vi) errors or omissions in any comments, content or operation, or for any loss or damage resulting of access or use of any comments or contents posted, transmitted, or otherwise made available via the Portal, whether based on warranty, contract, tort, product liability, strict liability, contributory infringement, inducement to infringement, or any other legal theory, and whether or not Flixxy.com is advised of the possibility of such damages. The maximum liability of Flixxy.com before User or any third party shall be of the equivalent to US$ 100.00 per person. Such limitation of liability shall apply to the fullest extent permitted by statutory law in the applicable jurisdiction. User shall access and use the Portal in accordance with local law at his jurisdiction. User acknowledges that Flixxy.com has offered access and use of the Portal in reliance upon the warranty disclaimers and limitation of liability established herein, which allocate the risk between the parties.
10. GENERAL CONDITIONS
The provisions relating to intellectual property, warranty disclaimer and limitation of liability shall survive termination of User's relationship with Flixxy.com. Any complaint or claim shall be submitted by User or by any third to Flixxy.com party up until 90 days from the date of awareness of the fact or act which has given cause to the complaint or claim. Notice of termination of the relationship with Flixxy.com shall be emailed to email@example.com, and shall be effective within 5 working days from the date of its receipt by Flixxy.com. This TOU constitutes the complete and exclusive understanding and agreement between User and Flixxy.com regarding access and use of the Portal, supersedes any and all prior and contemporaneous agreements or understandings, and shall be amended only by means of mutual consent in writing. Tolerance to any failure hereunder shall not imply any waiver to exercise relevant rights and enforcement. This TOU, including any or all of its rights and duties, can not be assigned or transferred to any third parties, except that Flixxy.com may assign them in connection with a merger, reorganization, or sale of all or of substantially all, of its assets relating to this TOU. Any controversy which can not be solved directly between the parties shall be submitted to arbitration, which conditions shall be negotiated between the parties. This TOU will be governed by Florida (USA) laws, without regard to or application of choice-of-law rules or principles and will be adjudicated in the state courts of Florida (USA), having User and any third party consented to personal jurisdiction and venue therein. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. If any provision of this TOU is deemed to be invalid or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions shall remain in full force and effect. Flixxy.com wishes to maintain a friendly and constructive relationship with Users and third parties at all times.
Please contact us if you have any questions and suggestions.