30 Jul FlixFling TV Terms and Conditions
Special Terms and Conditions
FlixFling TV Promotion
PLEASE READ CAREFULLY. THESE “SPECIAL TERMS AND CONDITIONS” (“SPECIAL TERMS”) ARE A LEGALLY BINDING AGREEMENT BETWEEN FLIXFLING, LLC (“FLIXFLING,” “WE,” “US” OR “OUR”) AND EACH USER (“YOU” AND “YOUR”) WHO SUBSCRIBES TO THE FLIXFLING SERVICE (“SERVICE(S)”) THROUGH THIS SPECIAL FLIXFLING TV PROMOTION (“PROMOTION”). BY CLICKING THE “I AGREE” BUTTON OR BY USING ANY SERVICES, YOU ARE INDICATING THAT YOU HAVE READ THESE SPECIAL TERMS, UNDERSTAND THEM, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, AND THAT YOU ARE OVER THE AGE OF EIGHTEEN. THESE SPECIAL TERMS SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF THE FLIXFLING SERVICE(S) THAT YOU HAVE SELECTED. IF YOU DO NOT AGREE TO THESE SPECIAL TERMS, YOU SHOULD CLICK “I DO NOT AGREE” AND STOP THE REGISTRATION PROCESS.
1. OTHER TERMS. These Special Terms are considered part of the Terms and Conditions for the Service (the “Main Terms”) located at www.flixfling.com by clicking on “Terms & Conditions” and End User License Agreement (“EULA”) located at www.flixfling.com by clicking on “EULA”. The Main Terms and EULA are hereby incorporated by reference into these Special Terms.
2. PROMOTION. Upon receipt of your Initial Payment (as described below), this Promotion entitles you to receive the FlixFling TV Device provided by Orb (the “FlixFling TV Device”) as a rental, the cost of which is included when you subscribe to the Service for the “Initial Term” (as defined below). The term “Service(s)” as used in connection with this Promotion shall mean FlixFling’s streaming movie service, which allows you to instantly watch certain movies. The availability of movies to watch will change from time to time. You will be entitled to receive only one FlixFling TV Device under this Promotion. For the avoidance of doubt subscription to the service under the Promotion does not imply ownership of FlixFling TV Device. The FlixFling TV Device is provided on a rental basis and must be returned at your expense upon expiration of the term or upon termination
3. TERM. You agree that in order to receive your FlixFling TV Device under this Promotion, you will purchase the Services for a term of 18 months (“Term”) at a monthly service fee of $12.99 per month (“Service Fee(s)”) plus any applicable tax. The Service Fee for each month is fully earned upon payment and is nonrefundable and there are no refunds or credits for partially used months. You have the right to cancel your subscription to the Services at any time, but you acknowledge that any cancellation of your subscription after the Activation Date and prior to the end of the Term will be subject to Section 5 of these Special Terms.
4. INITIAL PAYMENT; DELIVERY OF FLIXFLING TV DEVICE. You acknowledge that the Services offered under this Promotion shall require you to make an initial payment (the “Initial Payment”) at the commencement of the Initial Term. The Initial Payment will be charged to your credit card on the Activation Date of your subscription to the Service under this Promotion. The Initial Payment shall include (a) prepayment of the first month of your Service Fees for the Initial Term, (b) shipping and handling charges (“S&H Charges”) for the FlixFling TV Device, and (c) applicable taxes. In exchange for the Initial Payment and upon receipt thereof, we will arrange for shipment to you of the FlixFling TV Device within 7 business days. Your Initial Payment will be as follows:
FlixFling TV Subscription: $12.99 + One-time Shipping & Handling: $9.99 = $22.98*
*Plus applicable taxes.
5. CANCELLATION. You agree that if you choose to cancel your subscription to the Service prior to the end of the Initial Term you must do so according to the FlixFling TV Cancellation Process; which includes unsubscribing from The Service via the My Account section or notification of your wish to cancel the Service by phone or email and return of the FlixFling TV Device as instructed in section 5.1 below, these instructions will also be sent in your confirmation e-mail upon cancellation of the Service. If you do not return the FlixFling TV Device within 14 days, you agree to have $99 charged to your credit card, to keep the FlixFling TV Device.
5.1 RETURN OF THE FLIXFLING TV DEVICE.
UPON CANCELATION SEND A COPY OF YOUR CANCELATION CONFIRMATION E-MAIL AND THE FLIXFLING TV DEVICE TO THE FOLLOWING ADDRESS:
FLIXFLING
ATTN: FFTV RETURNS
1600 North 5th Street
Philadelphia, PA 19122
6. DEFAULT. You agree that if you default on your monthly payment for any reason while still subscribed to FlixFling TV you have 14 days from the date notification is sent by FlixFling to the e-mail address used to create your account to reconcile these charges (“Reconciliation Period”). If you do not reconcile your account within 14 day Reconciliation Period, your subscription to FlixFling TV will be cancelled and you will be required to return the FlixFling TV device within 14 days following the last day of the Reconciliation Period at your own expense (“Return Period”). If you do not return the FlixFling TV Device within the Return Period, You hereby authorize FlixFling to charge the entire replacement cost of $99 for the FlixFling TV Device, to the credit card on file for your account.
7. MODIFICATIONS TO S&H CHARGES; NOTICES. FlixFling reserves the right, at any time, to change its S&H Charges, including the addition of supplemental fees or separate charges upon effective notice to you, which shall include notice sent to your designated email address. If any such change is unacceptable to you, you must notify FlixFling by calling customer service at (267) 773-8971. If following effective notice to you of such change but prior to your Activation Date you fail to notify us that you wish to terminate your subscription to the Services under this Promotion, your failure to notify us shall constitute your acceptance of such change. YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO FLIXFLING TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS OF THIS FLIXFLING TV PROMOTION OR S&H CHARGES.
8. TERMS FOR FLIXFLING TV DEVICE; WARRANTY DISCLAIMER. You acknowledge that the FlixFling TV Device is manufactured and shipped to you by a third party vendor, Orb Networks, Inc., and that all warranties and software licenses relating to the FlixFling TV Device are governed solely by the warranty card and/or licenses provided by Orb with delivery of the FlixFling TV Device. Any and all warranty claims must be made directly to Orb Networks, Inc. Unless otherwise provided for in the warranty card and/or licenses provided by Orb with delivery of the FlixFling TV Device, you are responsible for the loss of, damage to or the entire cost of any necessary service or repair of the FlixFling TV Device. FLIXFLING PROVIDES THE FLIXFLING TV DEVICE AS IS AND WITH ALL FAULTS. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE FLIXFLING TV DEVICE. FLIXFLING MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING THE FLIXFLING TV DEVICE PROVIDED TO YOU. ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED UNLESS OTHERWISE PROHIBITED BY YOUR STATE’S LAW. FLIXFLING IS NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE FLIXFLING TV DEVICE PROVIDED TO YOU.
9. MISCELLANEOUS. To the extent the Main Terms or EULA in any way conflict with or are
inconsistent with the terms or conditions in these Special Terms, the terms and conditions of these Special Terms will prevail with respect to your subscription under this Promotion. FlixFling shall have the right to terminate or amend this Promotion or these Special Terms at any time in its sole discretion
Last Modified July 16th, 2012