Terms of Use

    End User License Agreement (EULA)

    Welcome to the Klicxz family! We are a subscription-based, service that provides our members with access to Classic films and television shows under Creative Commons, Independent Films, streamed over the Internet to certain Internet-connected TV's audio-visual entertainment (Klicxz Content), computers and other Klicxz ready devices devices, an Indy Filmmaker social networking platform (Klicxz Connect), and a video library of video and written content developed for use by higher education in their curriculum tailored to filmmaking education (Klicxz Learning Center), and stock audio and video in Klicxz Audio and Klicxz Shots.By subscribing to Klicxz you have accepted these Terms of Use, which govern your use of our service. "Klicxz service," "our service" or "the service" means the service provided by Klicxz for discovering and watching Klicxz content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.You also agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Klicxz (except for matters that may be taken to small claims court).
    These Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain Klicxz ready devices, you may need to visit www.klicxz.com/terms-of-use to review these hyperlinked terms.
    1. Acceptance of Terms of Use.
      1. These Terms of Use, which include our Privacy Statement (www.klicxz.com/privacy) and End User License Agreement ("EULA"), contained herein, govern your use of the Klicxz service. By using, visiting, or browsing the Klicxz service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Klicxz service.
    2. Changes to Terms of Use.It may be required for Klicxz to alter the Terms of Use, Privacy Policy, and Terms of Use. Such revisions will be implemented immediately; however, for existing members such revisions will be effective 30 days after posting such changes. Klicxz will post any changes on our website and make reasonable efforts to inform you of such changes via email. Prior editions of these documents will be maintained at Klicxz.com/priorterms.
    3. Privacy.Personally identifying information is protected in accordance with our Privacy Policy and Terms of Use. Please review to understand our practices.
    4. Communication Preferences.By using the Klicxz service, you consent to receiving electronic communications from Klicxz relating to your Klicxz account. This communcation may offuc via emails to your address used during registration, posting on the Klicxz Site, or in your “MyAccount” page. You agree that any notices, agreements, disclosures or other communications that Klicxz sends you satisfies any legal communication requirements, including that such communications should be in writing. You also consent to receiving information from Klicxz regarding promotions, content features, surveys, and promotional announcements.
    5. Membership, Free Trials, Billing and Cancelation.
      1. Membership.Your Klicxz membership may start with a free trial. It will continue month-to-month and automatically renew unless and until you cancel your membership or it is terminated by Klicxz. You must provide us with a current and valid method of payment to use the Klicxz service. You will be billed the mpnthly membership to your payment method. If you wish to cancel, you must do so before it renews each month. We may also offer special membership plans via Third Party Partners. We are not responsible for the products and services you receive from these Third Party providers. We reserve the right to modify, terminate, or amend our membership plans from such promotional memberships offered from third parties.
      2. Free Trials.Your Klicxz membership may start with a free trial. Free trials are for new and certain former members only. Klicxz reserves the right to determine your free trial eligibility. We will begin billing your preferred payment method at the end of the free trial period and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. You may view specific details of your membership in your MyAccount page under “Billing Details”. CANCELLATION INSTRUCTIONS CAN BE FOUND IN THE “MYPROFILE” LINK. We will continue to bill you monthly until you cancel.
      3. Billing.By starting your Klicxz membership and providing a valid payment method, you authorize us to charge you a monthly fee based on your subscription plan, and any other charges that you may incur in connection with your Klicxz service, such as taxes or possible transaction fees. You agree that the amount billed each month may vary for such reasons as promotional offers, you adding or changing a plan, regional tax requirements. You also authorize Klicxz to charge these varying amounts.
      4. Price Changes.We reserve the right to adjust pricing for any aspect of our service at any time and at our own discretion. These changes will be communicated via the Klicxz site and email notice. They will take place after such notification.
      5. Taxes.You will be charged the tax rate based on your billing address. Please note that tax rates for your region vary greatly at times and is often updated in accordance with local laws. These changes effect the total cost of your Klicxz membership.
      6. Billing Cycle.The membership fee for Klicxz service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of yoiur billing in the event that your payment membership has not successfully settled. In the event your paying membership began on a day not contained in a month, we may bill your payment method on a day in the applicable month or such day as we deem appropriate. “Billing” refers to a charge, debit, or other payment clearance.
      7. NO REFUNDS.PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS ISSUED FOR PARTIALLY USED PERIODS. Following cancellation, however, you will continue to have access through the end of your current billing period. We reserve the right to provide a refund, discount, or other consideration to some or all of our members. The amount and type is at the sole discretion of Klicxz. Such provisions does not entitle you to such considerations in the future nor does it obligate us to provide such credits in the future, under any circumstances.
      8. Payment Methods.You may edit your payment information in the MyAccount page. If your payment is not successfully settled, due to expiation, insufficint funds, or otherwise, and you do not update your payment method or cancel your account, you will be responsible for any uncollected amounts and we will be authorized to continue billing the payment method when updated. This may result in a change to your billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
      9. Cancellation.You may cancel your Klicxz membership at any time, and you will continue to have access to the Klicxz service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED KLICXZ CONTENT. To cancel, go to the “MyProfile” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the “MyProfile” page. If you signed up for Klicxz using your account with a third party as a payment method, and wish to cancel your Klicxz membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Klicxz service through that third party. You may also find billing information about your Klicxz membership by visiting your account with the applicable third party.
    6. Klicxz Service.
      1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Klicxz service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
      2. Content viewed through the Klicxz service are for your personal and non-commercial use only. During your Klicxz membership, we grant you a limited, non-exclusive, non-transferable, license to access the Klicxz service and view Klicxz content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
      3. You may view Klicxz content through the Klicxz service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such Klicxz content. The content that may be available to watch will vary by geographic location. Klicxz will use technologies to verify your geographic location. The number of devices on which you may simultaneously watch is limited. Go to MyProfile page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
      4. We continually update the Klicxz service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of Klicxz content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service. Klicxz will make every effort to keep our Filmmakers and Guests up to date on any such changes.
      5. You agree to use the Klicxz service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Klicxz service without express written permission from Klicxz and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Klicxz service; use any robot, spider, scraper or other automated means to access the Klicxz service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Klicxz service; insert any code or product or manipulate the content of the Klicxz service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Klicxz service, including any software viruses or any other computer code, files or programs.
      6. The availability of Klicxz content to watch will change from time to time, and from country to country. The quality of the display of the Klicxz content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks may exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Klicxz makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Klicxz content show will vary based on a number of factors, including your location, available bandwidth at the time, the Klicxz content you have selected and the configuration of your Klicxz ready device.
      7. Klicxz software is developed by, or for, Klicxz and is designed to enable streaming and viewing of content from Klicxz through Klicxz ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE KLICXZ AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Klicxz service. If your Klicxz ready device is sold, lost or stolen, please deactivate the Klicxz ready device. If you fail to log out or deactivate your device, subsequent users may access the Klicxz service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "Your Account" page of our website.
      8. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
    7. User Generated Content – Klicxz Connect.
      1. Klicxz may include certain review and comment areas, forums, message boards, profile information, and other similar areas (Interactive Areas), in which you or other users may create, post, link, store, or sotherwise make available (collectively, Post) reviews, comments, questions, data, or other materials (collectively, User Content). You are solely responsible for your use of such Interactive Areas and use them at your own risk.
      2. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content. If you Post User Content, unless we indicate otherwise, you grant Klicxz and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media now known or hereinafter created for any purpose, and, if they choose, to use the name you submit in connection with such User Content. You retain any ownership interest in User Content that you may have under copyright and other intellectual property laws, and may terminate the Klicxz license to your User Content by removing the User Content from Klicxz. By Posting your User Content, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Content, and to use, display, reproduce, distribute, and perform such User Content as permitted through the functionality of the Services and under these Terms.
      3. You agree not to post any of the following:
        • User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent, indecent, profane, hateful, racially or ethnically offensive, or otherwise objectionable material (as determined in Klicxzs' sole discretion).
        • User Content that constitutes, encourages, or provides instructions for a criminal offense, violates the rights of any party, or would otherwise create liability
        • User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party or that links to infringing or unauthorized content
        • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
        • Unsolicited promotions, political campaigning, advertising, or solicitations
        • Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, social security numbers, account numbers, or similar information
        • Viruses, corrupted data, or other harmful, disruptive, or destructive files
      4. Content Others Post.
        As a provider of interactive services, Klicxz is not liable for User Content, including but not limited to mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter by viewing User Content. Klicxz does not endorse any User Content, and User Content that is Posted does not reflect the opinions or policies of Klicxz. Although Klicxz has no obligation to screen, edit, or monitor any User Content posted to any Interactive Area, Klicxz reserves the right, at its absolute discretion, to remove, screen, or edit any User Content at any time, for any reason, without notice. In no event does Klicxz assume any responsibility or liability whatsoever for any User Content, and you agree to waive any legal or equitable rights or remedies you may have against Klicxz with respect to such User Content. If you encounter inappropriate User Content in our Services, you can notify us by emailing support@Klicxz.com.
    8. Passwords and Account Access.
      1. The member who created the Klicxz account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Klicxz account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Klicxz Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
      2. In order to provide you with ease of access to your account and to help administer the Klicxz service, Klicxz implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Klicxz service, which includes accessing via Klicxz ready devices or website.
      3. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Klicxz website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Klicxz reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Klicxz is not obligated to credit or discount a membership for holds placed on the account by either a representative of Klicxz or by the automated processes of Klicxz.
    9. Disclaimers of Warranties and Limitations on Liability.
      4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
    10. Gifts and Promotions.
      Gift cards for the Klicxz service may be available for purchase at third-party retail outlets and websites, which can be redeemed on our website at www.klicxz.com/redeem. The purchase and redemption of gift cards are subject to the gift terms. From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by Klicxz in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
    11. Intellectual Property.
      1. Copyright.The Klicxz service, including all content provided on the Klicxz service, is protected by copyright, trade secret or other intellectual property laws and treaties. By submitting your film, you (the filmmaker) agree that your film does not contain any copyright protected or other intellectual property that you have not received expressed permission for use. The filmmaker assumes responsibility for such infractions.
      2. Claims of Copyright Infringement.
        If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the Klicxz service, please notify us by completing the Copyright Infringement Claims form (www.klicxz.com/support).
    12. Governing Law.Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions and supports consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
    13. Applications.You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Klicxz service. These Applications may import data related to your Klicxz account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Klicxz is not responsible for such Applications. Such applications are owned or operated by third parties that are not related to, with, or sponsored by Klicxz and may not be authorized for use in all countries. Use of an application is at your own risk.
    14. Use of Information Submitted.Klicxz is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Klicxz service, including the Klicxz website and user interfaces, worldwide and in perpetuity or until content is withdrawn by the Contributor (in the case of film and audio content). This content may be used for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Klicxz service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Klicxz does accept unsolicited materials or ideas for Klicxz content, but is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Klicxz.
    15. Customer Support.
      To find more information about our service and its features, or if you need assistance with your account, please visit Klicxz Help Center (www.klicxz.com/support). In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
    16. Arbitration Agreement.
      1. If you are a Klicxz member in the United States (including its possessions and territories), you and Klicxz agree that any dispute, claim or controversy arising out of or relating in any way to the Klicxz service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Klicxz are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Klicxz membership.
      2. If you elect to seek arbitration or file a small claim court action, you must first send to Klicxz, by certified mail, a written Notice of your claim ("Notice"). The Notice to Klicxz must be addressed to: General Counsel, Klicxz, Llc., 16192 Coastal Highway Lewes, DE 19958-9776 ("Notice Address"). If Klicxz initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Klicxz, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Klicxz and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Klicxz may commence an arbitration proceeding or file a claim in small claims court.
      3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Klicxz receives notice at the Notice Address that you have commenced arbitration, Klicxz will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
      4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Klicxz and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
      5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Klicxz’s last written settlement offer made before an arbitrator was selected (or if Klicxz did not make a settlement offer before an arbitrator was selected), then Klicxz will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
      6. YOU AND KLICXZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Klicxz agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
    17. Survival.If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
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