Terms & Conditions.

Welcome to Flixxo. These Terms and Conditions regulate the use of our desktop software, and our applications for mobile and smart devices (our “Platform”). These terms also apply to our website, play.flixxo.com, our social media presence, including our Facebook, Telegram, and Twitter profiles, our Bitcoin Forum thread, our presence on Medium, and other pages or profiles related to our activity (our “Sites”).


These Terms and Conditions are complemented by our Privacy Policy and by the terms and conditions from each of the platforms that enable our Platform and Sites.


1. About Us

Flixxo is a decentralized video distribution platform based on blockchain and BitTorrent technology. Flixxo is operated by Flixxo Limited, a Gibraltar company. Our address is Suite 23 Portland. House Glacis Road, Gibraltar. Our mission is to enable any Internet user to become a video distributor, help content authors monetize their production by receiving payment directly from consumers and lead advertisers to have a closer knowledge and relation with their targets. Our primary goal is to contribute to changing the market as we know it today, by eliminating intermediates and favoring peer­to­peer connections.


We are introducing technology that will eliminate intermediators in the entertainment industry. Middlemen are probably the main causes behind the high prices consumers pay today for watching movies, consuming series or any other content in video format. A new peer to peer business scheme, thanks to blockchain technology, will relate consumers directly with content authors or producers and also advertisers. Flixxo is not based on fixed subscriptions, pre­roll advertising or other business models of entertainment consumption. Our intention is to progressively improve performance above today's standards, by eliminating the middlemen and as our user network grows.


2. Use of our Platform and Sites

Our Platform and Sites allow us to fulfill our mission, share relevant information on our activities and maintain a vibrant community worldwide.


Using our Platform and Sites properly and respectfully is fundamental to our community. To preserve our operations and a safe environment for discussion and sharing content, it is vital that all users of our Platform and Sites (including visitors, whether registered or not, and whether contributors of content or not; our “Users”, or “you”) abide by this Terms and Conditions in all interactions with our Platform and Sites. “Content” includes videos, images, text, graphics, photos, sounds, music, software, scripts, compilations, interactive features and any other materials you may access on, view or contribute through Flixxo.


Our Platform and Sites are intended for Users who are at least 13 years old or the minimum legal age in their jurisdictions. Users shall provide accurate and truthful information when signing up for our updates or interacting with our Platform and Sites. Users are solely responsible for the activity related to their accounts. We expect you to notify us immediately of any breach of security or unauthorized use of your account.


Our Users may not:

  1. Share any content that is unlawful, objectionable, offensive, abusive, harassing, threatening, defamatory, obscene, hateful, inflammatory, profane, racially, sexually or religiously offensive, encourages violence or attacks anyone based on their race, ethnicity, national origin, sex, gender, sexual orientation, religious affiliation, disabilities or diseases, or that is harmful to children.
  2. Use our Platform and Sites for illegal purposes or any purpose not authorized by us.
  3. Use our Platform and Sites to send spam, unsolicited messages or similar communications.
  4. Transmit, distribute, share or make available any content, including content generated or shared by a User (“User Content”), which may exceed the acceptable length or may violate any third party rights, including intellectual property rights, confidentiality or privacy rights.
  5. Take any actions to overload the servers that run our Platform and Sites or surpass the technical or security measures implemented on our Platform and Sites; or attempt to interfere, with the proper functioning of the Platform and Sites or use them as a platform for external applications; or any other functionalities that leverage the Platform and Sites.
  6. Interfere or violate other User’s rights, compiling data about other Users’ activities without their consent, recovering, indexing or extracting any User information from our Platform and Sites.

More specifically, when posting and sharing User Content, we ask from you to only post authentic content, and not to post anything you have copied or collected from the Internet or other sources, and which you do not have the right to post or share.


Some Users may rely on our Sites to share important content related to our mission, to condemn, raise awareness or educate others. We expect Users to make sure that the content that they share is are appropriate for everyone, and we encourage Users to caption their photos or postings with a warning about explicit violence when needed.


We want to foster high quality User Content and diverse discussions in our Platform and Sites. Nevertheless, to preserve a safe environment for our community, we may remove any User Content that affects these Terms and Conditions. As an example, we may remove User Content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, as well as images that degrade children.


When necessary, we may report or block Users from engaging with our Platform and Sites. In such cases, we may send you one or more written warnings or immediately suspend or terminate your registration and your engagement with the Platform and Sites. Upon termination, we may delete your information and access to your User Content, except as required by law or any regulatory authority.


3. Content on Our Platform and Sites

All of the materials, Content, trademarks, logos and designs shared by us in our Platform and Sites are our property or have been licensed to us.


We value our Users’ support, spreading our message and sharing our content. One of the best ways to support our Platform and Sites is to share our posts and links, so that new Users and supporters can reach us more effectively.


Users may use Flixxo’s materials on online media, including our white papers, presentations and videos, by quoting us, respecting our watermarks (and any other signs that we may have included in our materials), and linking to our original sources. For any offline uses of our materials, we ask Users to contact us here.


Nevertheless, Users shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any purposes other than as strictly necessary for seeding the Content as per the BitTorrent protocol used by Flixxo, without our prior written consent of or the respective licensors of the User Content, which may include other Users. We reserve all rights not expressly granted in and to Flixxo and the Content.


We make reasonable efforts to ensure that the information and material provided on the Platform and Sites is accurate and up-to-date. Nevertheless, Users acknowledge that errors may occur, and may not be correctable. Users accept that, when using Flixxo, they may be exposed to Content from a variety of sources. All Content shared on the Platform and Sites are those of the individual contributors and not necessarily those of our organization. We ask Users to use their best judgment in assessing when and where they may access, use or share such Content. To the maximum extent permitted by applicable law, you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.


4. User Content

We acknowledge your ownership over your User Content. By sharing, posting or uploading Content on our Platform and Sites, each User grants us a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, perpetual and worldwide license to use, reproduce, distribute, transmit, show, copy, publicly display, translate, and create derivative works of the User Content, together with the User’s name, image, and other details provided to us by the User, through any communication means. Such license shall include all patent, trademark, trade secret, copyright or other proprietary rights, throughout the world, in and to the User Content, for publication and sharing in the Platforms and Sites, including without limitation for promoting and redistributing part or all of the User Content and/or the Platforms and Sites (and derivative works thereof) in any media formats and through any media channels.


Each User also hereby grants all Users a non-exclusive license to access, use, reproduce, distribute, display and perform such User Content under this Terms and Conditions. You understand and agree, however, that due to the nature of the technology used by our Platform, we may not be able to remove or delete User Content that has been shared.


Users are solely responsible for all the User Content that they upload, post, email, transmit, share, or otherwise disseminate though the Platform and Sites. Users represent and warrant that they have the rights necessary to grant the rights in this section and that their activity on the Platform and Sities, and their User Content, do not infringe any third party rights or violates any agreement or policy of Flixxo or any applicable law.


5. Third Party Sites

Our Platform and Sites may include links or references to third-party web sites (“Third Party Sites”). By using Flixxo, Users acknowledge that we do not have control over such Third Party Sites, and we are not responsible for their content, their availability, their terms and practices, or for the User’s activity on such Third Party Sites. Third Party Sites are governed by their own terms of use and privacy policies.


6. Notifications for Infringing Content

Notifications


Copyright owners or their agents who believe that any Content available on the Platform or Sites infringes upon their rights of copyright, may send our agent a notification with the following information in writing.


  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material:
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury in some jurisdictions, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct notifications under this section to our agent at José Hernández 2458 6ºB, Buenos Aires, Argentina / 18 Bartol Street #1008 San Francisco, CA 94133, email: legal@flixxo.com,


Counter-Notifications


If you believe that access to your Content has been removed or disabled, and such Content is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send our agent a counter-notice containing the following information.


  1. A physical or electronic signature of the User;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement, under penalty of perjury in some jurisdictions, that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of the federal court in San Francisco, California, or if the User’s address is outside of the United States, for any judicial district in which we may be found, and that the User will accept service of process from the person who provided notification or an agent of such person.

We may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or User, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.


7. Warranties and Limitation of Liability

Our Platform and Sites are provided "as is" and without warranty or condition. You acknowledge and agree that your use of the Platform and Sites shall be at your sole risk. To the fullest extent permitted by applicable law, Flixxo Limited, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and Sites and your use thereof.


We shall not have any liability to our Users for any interruptions or delays in our Platform and Sites or any other matters to the extent that such events or matters are due to any events outside our reasonable control. We will not have any liability for any User losses arising out of your use of or inability to use our Platform and Sites (including loss of profit, business, contracts or goodwill); or any unforeseeable losses or damages.


In no event shall Flixxo Limited, its officers, directors, employees, or agents, be liable to any User for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) personal injury or property damage, of any nature whatsoever, resulting from access to and use of the Platform and Sites, (ii) errors, mistakes, or inaccuracies of Content, (iii) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Platform and Sites by any third party, (iv) any unauthorized access to or use of our servers and/or any and all personal information and/or other information stored therein, or any interruption or cessation of transmission to or from our Platform and Sities and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Platform or the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law. You specifically acknowledge we shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party. We make no representations that the Platform or the Sites are appropriate or available for use in any specific locations. You acknowledge that you use the Platform and Sites at your own will and that you are responsible for compliance with local laws and regulations.


8. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold us, our directors, officers, employees, partners, agents and help recipients, harmless and to keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from your User Content, your use of the Platform and Sites, and activities occurring under your account; your violation of these Terms and Conditions; or your violation of any other party’s rights or applicable law. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us.


9. Generals

Our organization is governed by Gibraltar law. For more information on our activities, please visit our Frequently Asked Questions.


10. Modifications

We may modify these Terms and Conditions from time to time. We will publish the new versions of these rules on the Platform and our main Site. Please check our Platform for the most current version of this document. If you do not agree to the changes, you may terminate your registration with us, and stop visiting or interacting with the Platform and the Sites.


11. Contact Us

To send us an email, please complete our inquiry form here.