Last update: Dec 30, 2021
2) If you subscribe to the Platform on behalf of a business, you represent to Flixier that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business. You further agree that Flixier may use the name and logo of that business on Flixier's website and other promotional material as a customer of the Platform.
4) As long as you comply with this Agreement, Flixier grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Platform as it is intended to be used and in accordance with this Agreement and applicable law. Flixier grants you no other rights, implied or otherwise.
5) You may not use the Platform to disseminate any unlawful or other objectionable material or to harm others or the Platform itself. For example, you must not: (i) use the Platform to harm, threaten, or harass another person, organization, or Flixier; (ii) damage, disable, overburden, or impair the Platform; (iii) resell or redistribute any part of the Platform or access to the Platform, including the sale or purchase of an Account; (iv) use or attempt to use any unauthorized means to modify, reroute, or gain access to the Platform; (v) use any automated process or service (such as a bot, a spider, periodic caching of information stored by Flixier, or meta-searching) to access or use the Platform, or to copy or scrape data from the Platform; or (vi) obtain (or try to obtain) any data or content from the Platform, except the data or content that we intend to make available to you.
You may not upload or post to the Platform or otherwise use in any way in connection with your use of the Platform User Content which includes any text, video or audio recording, images or other material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. The burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your violation of this prohibition. All trademarks and/or service marks displayed on the Platform are the exclusive property of their respective owners, and may not be used without the owner's permission.
Flixier does not claim ownership of the User Content. Although Flixier reserves the right to edit or remove any User Content you upload, post to or create with the Platform, we do not control or verify the User Content that you upload, post to or create with the Platform, nor do we undertake to monitor the User Content uploaded, posted to or created with the Platform.
You control who may access your User Content. When you give others access to your User Content on the Platform using its built-in sharing options, you grant them free, non-exclusive permission to use, reproduce, distribute, display, transmit and communicate to the public such User Content solely in connection with the Platform. If the User Content includes a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. If you do not want others to have those rights, do not use the Platform to share your User Content.
Flixier may need, and you hereby grant to Flixier the right, to use, modify, adapt, convert, store, reproduce, distribute, publish and display any User Content posted on or created with the Platform. These rights apply solely to the extent necessary for the operation of the Platform.s
You are responsible for backing up the User Content that you store on the Platform. We may permanently delete your User Content from the Platform if your access to the Platform is suspended or canceled. We do not have any obligation to return User Content to you after your access to the Platform has been suspended or canceled. If User Content is stored with an expiration date, we may also delete the User Content as of that date. User Content that is deleted may be irretrievable.
Some functionalities and features of the Platform may be made available to you at no charge, while other features may be purchased (including but not limited to licenses, subscriptions, premium library items, etc.). Such functionalities and features are hereafter collectively referred to as “Services”. If there is a charge associated with the use of Services, you agree to pay that charge. We may suspend or cancel your access to the Platform if we do not receive such payment on time. Suspension or cancellation of your access to the Platform for non-payment could result in a loss of access to and use of your Account, as well as the loss of User Content stored on the Platform.
To pay the charges for Services delivered through the Platform, you will be asked to provide a valid payment method at the time you sign up for such Services. You can access and change your billing account information and payment method via your Settings or Profile. You agree to keep your billing account information current at all times.
By providing Flixier with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Flixier to charge you for the Services using your payment method; and (iii) authorize Flixier to charge you for the Services. We may bill you (i) in advance; (ii) at the time of purchase; (iii) shortly after purchase; or (iv) on a recurring basis.
When you agree to subscribe to Services on a recurring basis, you will be requested to agree with an automatic renewal of the subscription. Once we have informed you that such Services will be automatically renewed, we may automatically renew your Services and charge you the then-current price for the renewal term. We will also bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal. If you cancel your recurring payment option, your account and subscription will remain active until its next renewal date. In case of such cancellation, you will not be given any refund. If you delete your account before the end of the period for which you paid, your cancellation will take effect immediately. In case of the deletion of your account, you will not be given any refund. When you cancel a paid subscription or when your free trial period has expired, your account will be frozen and access to your account will only be possible upon starting a new subscription. For accounts that have been frozen longer than 3 months after the cancellation of the subscription, Flixier will remove all User Content you uploaded or created.
We will provide you with an online billing statement in your personal Settings or Profile, where you can view and print your statements. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If Flixier has identified a billing error, we will correct that error within 90 days.
When you request Services from us, you agree that we may begin to provide Services immediately. You will not be entitled to a cancellation or “cooling off” period, except if the law requires a cooling-off period. Payment for Services (whether these are transactions or subscriptions) is non-refundable.
Flixier may change the price of the Services at any time and will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Services offer, that price will remain in force for the term. Depending on your country of residence and your status (business or private person), local country taxes such as VAT (value-added tax) may be applied/added to the amounts you have to pay. “Lifetime” pricing, when available, is a limited and temporary offer for a fixed price subscription rate for as long as the subscription runs without interruption and for as long as the related Services are available and supported. Flixier may stop issuing Lifetime subscription price rates at any time. While Flixier anticipates that the Services you purchased will remain available and supported, potentially for many years to come, Flixier makes no warranties as to the expected lifetime of its Services, and in purchasing Flixier Services, you acknowledge and agree that the Flixier Services could change or terminate in the future. Any Lifetime subscription pricing will not apply anymore if the subscription account is terminated for any duration of time due to cancellation, non-payment, upgrade or downgrade, or otherwise.
You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys' fees and other legal fees and costs, in event of default.
If Flixier owes you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require the return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
Flixier owns and retains all proprietary rights to the Platform and all associated copyrights, trademarks, brands, service marks, patents, Flixier object libraries, characters, props or other proprietary rights under law. All of the trademarks, service marks, brand and trade names and logos appearing on the Platform are the proprietary intellectual property of the owners of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property.
By agreeing to use the Platform you agree to receive newsletters, alerts, promotional and other emails from Flixier. You may unsubscribe from these mailing lists as required by law via the Platform.
Flixier can make use of data processors to process your Personal Data. Data processors are natural or legal persons, public authorities, agencies or other bodies which process Personal Data on behalf of Flixier.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: FLIXIER DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE PLATFORM WILL BE ERROR-FREE, OR THAT THE PLATFORM WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL, OR THAT TRANSMISSION OF DATA TO / FROM THE PLATFORM WILL OCCUR AT ANY MINIMUM SPEED OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLIXIER DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT ASSOCIATED WITH OR USED IN CONNECTION WITH THE PLATFORM IS FACTUAL OR ERROR-FREE OR THAT THE USE OF SUCH MATERIAL WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. FLIXIER RESERVES THE RIGHT TO CORRECT ANY ERRORS ON IN THE PLATFORM. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT EVERYTHING ASSOCIATED WITH THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FLIXIER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL CONTAINED ON THE PLATFORM OR RESULTS TO BE OBTAINED FROM USING THE PLATFORM. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, Flixier DOES NOT MAKE ANY REPRESENTATION ABOUT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH USE OF THE PLATFORM.
If your credit card is invalid for any reason, your account will be frozen on the renewal date of your Subscription and can only be unlocked by entering a new, valid credit card or another valid method of payment as offered on the Platform.
You may terminate your access to the Platform at any time, with or without cause. Information and direction on how to terminate your access to the Platform are provided in the Help Center. Upon any termination of your access to the Platform: (i) your Account may be canceled and closed or suspended and your user identification code and password shall be deactivated; (ii) all Marketplace items or User Content purchased, created or uploaded by you shall be removed from the Platform; Flixier may, however, continue to use those items for internal archival and/or reference purposes; and (iii) Flixier will permanently delete your User Content.
Cancellation of your Account shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
Some of the Flixier subscription plans do not have set limits on storage or export time. Instead, we have a fair use policy, which limits total storage usage to a maximum of 1TB and export time to 50 hours. In addition the fair use policy assumes you are not violating our terms of service and are not intentionally abusing the service by using excessive disk storage or video creation allowance.
We are not obliged to offer refunds should you change your mind and wish to terminate the service after you have subscribed and used the Services. If you are a consumer (ie, you are using the Services for purposes which are wholly/mainly outside your trade, business, craft or profession) and you have paid for the services but have never used them (where usage includes uploading media, editing media, adding subtitles among other things) and you are still within the first 14 days of your subscription, if you have changed your mind and you cancelled your subscription via the Applications, we will refund you in full for the applicable Services under your subscription. Note the following when exercising your right to change your mind as a consumer:
1) you do not have a right to change your mind once we have supplied you with the Services (i.e. you have used the Services), even if the 14 day period is still running; and
2) if you cancel your subscription, during the 14 day period, after we have started supplying the Services (i.e. you have used the Services), any Subscription fee paid or payable remains paid or payable and you will not be entitled to any refund for the applicable Services under your subscription.
Your use of the Platform does not give you any authority to act as an agent, legal representative or employee of Flixier or of any third party with whom Flixier has a relationship, and you agree not to represent that you are otherwise.