TERMS AND CONDITIONS
Welcome to the HungryFlix.com (individually and together, the "Site"). PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT. This Site is owned and operated by CENTRAL PLACE PRODUCTIONS LLC. "You" are the person or entity using the Site, ordering or using Applications or described in the Site registration form.
By using this Site, clicking on a button indicating your consent, or ordering or using certain applications, services or software, and content such as films for use therewith, either at no charge or for a fee (such applications, services, software and any related content provided by HungryFlix or its licensors is referred to herein collectively as "Applications"), you agree to these Terms including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New Jersey law. If you do not agree to these Terms, you do not have permission to use the Site. HungryFlix reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.
Payment terms and refund information (if applicable) for Applications and other products are provided in the ordering process and/or on the Help page in connection with ordering that product.
You may also be subject to additional terms and conditions when you use third-party content, services, or software (including Applications) accessed through or promoted on the Site.
1. REGISTRATION AND ORDERING OBLIGATIONS
In consideration of your use of the Site and/or Applications, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration or ordering process, provided that in connection with registration, you do not need to, and should not, use your full or true name for your username. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness.
2. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site may, at HungryFlix's option, be conducted electronically. HungryFlix may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
3. OBLIGATION FOR USING YOUR PASSWORD
ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password that is not intended to have authority to act on your behalf, please contact HungryFlix immediately to authorize HungryFlix to deny access to the Site to anyone else presenting your password.
4. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
HungryFlix hereby grants you the limited right to view and use the Site only for the purposes of viewing or purchasing content such as films, posting Materials, placing content orders or for accessing information, Applications and services. HungryFlix reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in Section 18. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to HungryFlix. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or its content for any commercial purpose.
The Site allows users to upload, post, and/or distribute user submitted content, and use of the Site for this purpose is subject to the following conditions:
- You understand that all postings, messages, user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, files and other materials of any nature ("Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means that the person who submitted the Materials, and not HungryFlix, is entirely responsible for the Materials transmitted through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent. You agree that you must evaluate, and bear all risks associated with, the use of any Materials, that you may not rely on said Materials, and that under no circumstances will HungryFlix be liable in any way for any Materials or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise made available via the Service.
- You shall not create a user name or screen name or upload to, distribute through or otherwise publish through the Site any Materials which are libelous, defamatory, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
- Your Materials, user name and/or screen name will not disparage in any manner HungryFlix, its Licensors, or their Applications, products, or services and sites.
- Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
- You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or services, including but not limited to "chain letters" "promo-codes", "pyramid schemes" and "spam". You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.
- You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- You agree not to post or otherwise make available Materials that disrupt the normal flow of message board dialogue with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to use message boards.
- You agree not to employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Materials transmitted through the Site.
- You agree not to post or otherwise make available Materials that impersonate any person or entity, including but not limited to a HungryFlix employee, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree not to post or otherwise make available Materials that include personal or identifying information about another person without that person's explicit consent or that is false, deceptive, misleading, deceitful, or misinformative.
- You agree not to use message boards to contact anyone who has asked not to be contacted; "stalk" or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; to post repeatedly the same or similar messages or otherwise impose unreasonably large loads on our infrastructure; use automated means, including spiders, robots, crawlers, or other data-mining tools or the like to download data from the message boards.
You acknowledge that HungryFlix does not pre-screen any Materials posted by you or other users, but that HungryFlix and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Materials. Without limitation, HungryFlix and its designees shall have the right to remove any Materials that violate the Terms or are otherwise objectionable, as well as terminate your access to the Site.
HungryFlix may establish practices and limits concerning the use of the Site and Applications, including the maximum disk space that will be allotted to your use. You agree that HungryFlix has no liability or responsibility for the storage or deletion of any Materials that you submit or post. HungryFlix reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.
Payment and Fees
HungryFlix is free. There are no hidden fees. We are online distributor of video and audio content. HungryFlix will split profits for paid for content on a 60/40 basis after PayPal processing fees. Sixty Percent to the content provider and Forty Percent to HungryFlix. Profits will be paid on the first of every quarter via PayPal for free or by check for an additional $2.50. Quarterly payments will be made only if a minimum of $10.00 in profits has been earned. If this minimum has not yet been reached, the sales will be credited toward the next quarter. You will always receive credit for all sales.
Profit split defined
Current PayPal fees are 2.9% + $0.30 USD. So, for a $0.99 transaction, PayPal fees are $0.33, the content provider's share is $0.40 and HungryFlix's share is $0.26.
Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to info@hungryflix.com Our failure to act with respect to a breach by you or others does not waive HungryFlix's right to act with respect to subsequent or similar breaches.
5. COPYRIGHTS AND TRADEMARKS
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER HUNGRYFLIX, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
HungryFlix will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.
Displaying, copying, distributing, or otherwise making available or using any content from the Site for profit is prohibited unless permission is granted from the content provider.
5. PRIVACY POLICY
HungryFlix respects your right to privacy and understands that visitors to HungryFlix need to be in control of their personal information. To that end HungryFlix has developed a Privacy Policy , and you should review it carefully. Your use of the Site is your consent to the Privacy Policy.
6. SUBMITTING MATERIALS AND FEEDBACK
Unless you enter into a separate written agreement with HungryFlix, HungryFlix does not claim ownership in Materials you submit, however, by submitting Materials in any form to HunglyFlix, in addition to other provisions of the Terms, you automatically grant HungryFlix, world-wide, non-exclusive rights, to transmit, distribute electronically, and to publicly display Materials for the purpose of downloadable distribution for profit.
7. INDEMNITY
You agree to indemnify and hold HungryFlix, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.
8. DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND HUNGRYFLIX, THE SITE AND APPLICATIONS OFFERED AT OR THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. HUNGRYFLIX HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ADDITION, HUNGRYFLIX DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
9. ASSUMPTION OF RISKS AND MATURE CONTENT
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY VISITING CHAT ROOMS OR FORUMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT HUNGRYFLIX SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
HungryFlix wishes to assist parents in their efforts to screen the material that their children can view online. While no parental software package replaces careful supervision of Internet use by children, these parental software products may be useful. Some sample parental software products include but are not limited to: Net Nanny ( http://www.netnanny.com ), Cyber Patrol ( http://www.cyberpatrol.com ), Cybersitter ( http://www.solidoak.com ). Please be advised that HungryFlix does not endorse any one parental software package and is not responsible for the malfunction of any parental software package that you may chose to use.
10. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER HUNGRYFLIX NOR ANY OF ITS AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF HUNGRYFLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY HUNGRYFLIX OR ANY OF ITS AFFILIATES OR AGENTS SHALL BE, AT HUNGRYFLIX'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON HUNGRYFLIX. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of HUNGRYFLIX, its suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold HUNGRYFLIX (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).
13. LINKS; ADVERTISERS
The Site may contain links to third party sites that are not under the control of HUNGRYFLIX and HUNGRYFLIX is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. HUNGRYFLIX provides links only as a convenience and the inclusion of the link does not imply that HUNGRYFLIX endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that HUNGRYFLIX shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
14. INTERNATIONAL USAGE
This Site is controlled and operated by HungryFlix from its offices within New Jersey, United States of America. HUNGRYFLIX make no representation that the Site, Applications, or related information offered by HUNGRYFLIX are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. OWNERSHIP
The Site, Applications, and related information are the exclusive property of HUNGRYFLIX or its content suppliers. All rights not licensed herein are hereby reserved to HUNGRYFLIX or its suppliers.
16. TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS
If you violate these Terms, HUNGRYFLIX may terminate or cancel your access rights to the Site and/or Applications immediately without notice. HUNGRYFLIX may also block your use of the Site and/or Applications or direct you to cease using it. HUNGRYFLIX reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that HUNGRYFLIX shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site or Applications that you have paid for.
17. EXCLUSIVE JURISDICTION
These Terms shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in New Jersey. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of Essex, New Jersey, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by New Jersey law.
18. ENTIRE AGREEMENT
These Terms, as amended, your registration forms, and the disclosures provided by HUNGRYFLIX and the consents provided by you, constitute the entire agreement between you and HUNGRYFLIX. If any provision of these Terms and/or the Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and/or the Privacy Policy, as applicable, and shall not affect the validity and enforceability of any remaining provisions. HUNGRYFLIX's failure to act with respect to a breach by you or others does not waive HUNGRYFLIX's right to act with respect to subsequent or similar breaches.
19. AMENDMENTS
You agree that HungryFlix may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from HungryFlix to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering Applications after that date. No other amendments will be valid unless they are in a paper writing signed by HungryFlix and by you.
20. NOTICES
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to HungryFlix by email. If applicable law requires that HungryFlix accepts email notices (but not otherwise), then you may send HungryFlix email notice using info@hungryflix.com With respect to HungryFlix's notices to you, HungryFlix may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, HungryFlix may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.
