Updates: These Terms of Use were last updated on April 21, 2020.
SPAMFLIX, Lda (herein referred to as “Spamflix,” SPAMFLIX”, “us”, “we” or “our”), operates a streaming platform accessible at www.spamflix.com (the “Website”) and through "SPAMFLIX" applications for smartphones, tablets or smart-TVs (for Android devices) and "SPAMFLIX" (for iOS devices) (together “Apps”). The primary purpose of the Website and of the Apps is to provide a transactional “Video on Demand” services to individuals who register to use the services (the “Services”). The Services allow registered users to stream films from the Website or from the Apps solely for their personal, non-commercial use.
Acceptance of the Terms of Use
These terms of use (the “Terms of Use”) govern the access and use of the Website and of the Apps (including without limitation, its content, features, functions, and services) by you as a user (“you” or “user”). Please read the Terms of Use carefully before you start to use the Website and the Apps. By using the Website and the Apps, you accept and agree to be bound by and comply with these Terms of Use and our Privacy Policy (the “Privacy Policy”) which Privacy Policy is incorporated herein by reference. If you do not agree to these Terms of Use (including our Privacy Policy), you must not access or use the Website and the Apps. References herein to the Terms of Use include the Privacy Policy. Thus you are required to comply with both these Terms of Use and the Privacy Policy as part of your obligations.
Changes to the Terms of Use
Spamflix may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. We will endeavor to post a notice near the link to these Terms of Use for thirty days after a change is made, to alert you to review the changes. In addition, we will endeavor to note at the top of these Terms of Use the dates they were last updated. However, in any case, with or without such an alert, your continued use of the Website following the posting of revised Terms of Use is your acceptance and agreement to the changes made. We ask and you are required to check the terms of these Terms of Use from time to time so you are aware of any changes, as they are binding on you.
Changes to Website and Apps
Spamflix may also without liability at any time revise, change, remove, add to and shut down some or all of the operations of the Website and of the Apps, the content and services provided thereon and/or accessed through it, the prices for its services (for example, when updating film catalogs).
Additional Terms
Spamflix may impose additional requirements, commitments and restrictions in connection with use of certain features, functions or content on or accessed through the Website and the Apps (the “Additional Terms”). Such Additional Terms will appear before you use or select such features, functions or content. All such Additional Terms are incorporated by reference in and form a part of these Terms of Use.
Eligibility to use the Website; Not for Individuals under the age of 18 or Others Unable to Form Binding Contracts
Our Website and our Apps are not intended to be accessed or used by individuals under the age of 18 (or individuals who cannot under applicable law enter into binding contracts). Parents or guardians of such individuals may register to SPAMFLIX themselves and they may permit their children/wards to use and access the Website and the Apps using the parent/guardian credentials, except as prohibited by applicable law, but such parents and guardians shall also be responsible for the child/wards actions, use of the Website and the Apps, and compliance with these Terms of Use. Spamflix may restrict access to certain portions of the Website or certain content to higher age limits. If you do not meet such age limit, you are required as a condition of these Terms of Use not to access such portions of the Website or such content. In addition and notwithsatnding the above, if you are a Website user under 18 years of age and reside in California, you may request and obtain removal of, content or information that you have posted on the Website. You may send us any such requests by one of the following methods: (i) by email to help@spamflix.com or (ii) by writing to us at Spamflix, Lda. Rua Garcia de Orta 48 - 2°, 1200-680, Lisboa, Portugal. We will review the request and respond promptly. You should be aware that a request to remove content or information posted by you on the Website does not ensure or require complete or comprehensive removal of such content or information from our databases.
Registration
To use the Website and the Apps, users must register. Registration requires participants to select a user name and a password and to provide a full name, country of residence, date of birth, and valid email address. All such information must be accurate and users are required to update such information so that it remains accurate. As part of the registration process, users will be required to confirm their acceptance and agreement to these Terms of Use (including the Privacy Policy) and agree to register to Spamflix’s newsletter by clicking on the corresponding checkbox. Users can cancel their email addresses from Spamflix’s newsletter mailing list at any time by writing to unsubscribe@spamflix.com. By using our Website and Apps, you represent and warrant that you are of legal age to form a binding contract with Spamflix and meet all of the eligibility and other requirements set forth in these Terms of Use. The contractual relationship commences when the user chooses and applies his/her login data as part of the registration process.
The choice of a user name and password is in the discretion of the user. However, a user must not select a user name or password that violates these Terms of Use, consists of a name or nickname or reference that the user knows refers to another person, is misleading, or that suggests or incites sexual, gender, or racial violence or intolerance or that is unlawful or violates another person’s rights.
Your registration and permission to use the Website and the Apps is personal to you and you may not transfer it to another. Users are required to prevent unauthorized use of their account and registration information and to carefully safeguard such information. Users must inform Spamflix immediately of any misuse of their access information or account of which they become aware. In any case, however, users are responsible for any use, unauthorized or not, of their account, including, without limitation, charges incurred from Website and Apps content use, as well as resulting damages and liability.
Spamflix may transfer and/or assign its rights in the Website and Apps and/or its registration contract with you to another entity, in its sole discretion, including without limitation, in connection with the sale or transfer of all or substantially all of Spamflix’s assets related to the Website and Apps.
Termination of Account
A user may terminate his or her registration (membership) at any time by canceling his or her account through the process provided on the Personal Profile page: spamflix.com/profile.do. Despite such termination, a user shall remain responsible for any charges incurred through the date of termination, and also for any damages and liability due to violation of these Terms of Use or misuse by others of the user’s account information before or after such termination.
Spamflix may terminate or suspend a user’s registration/account and access at any time, for any reason. Spamflix is authorized to terminate the usage rights of users in the event that they violate these Terms of Use. Spamflix may also suspend a user’s access in the event Spamflix suspects the user has violated these Terms of Use. To the extent that termination or suspension by Spamflix is not due to a user’s breach of these Terms of Use (or otherwise unlawful activity), Spamflix may reimburse the user for amounts paid in advance for services not yet received.
Spamflix shall terminate the right of a user to use our Website or Apps if they repeatedly use this Website and Apps in a manner that infringes the copyright rights of others.
Scope of Services, Permitted usage
Registered users are entitled to access for non-commercial, personal viewing of the films available on the Spamflix Website and Apps. Spamflix offers viewing privileges for the duration of seventy-two (72) hours after payment for renting a film. Users purchase the right to access (or “stream”) the film for such seventy-two (72) hour period. Thereafter, access is automatically cut off. Spamflix grants users usage rights that are non-exclusive.
By using the service, users agree:
If a user has any questions about the scope of permitted use, please contact Spamflix at info@spamflix.com.
Users must comply with national and international copyright and intellectual property rights law. Any film accessed must be used in compliance with the usage rights stipulated in these Terms of Use. In addition, the user is expressly prohibited from removing or modifying any copyright, property rights, and/or trademark notices on our Website Apps or any Content accessible through the Website and Apps.
Some films contain material that is not appropriate for children or young people and some material may be troubling even for adults. Rating systems in different jurisdictions may not reflect the same standards as are used in the user’s home jurisdiction, and many films are not rated on the Website and Apps in any case. Users must use their own discretion and should use good judgment in selecting films, particularly if they are going to permit family and a few friends to view the films with the user, and must comply with applicable law with respect to permitting children or younger people to view a film that is not appropriate for them.
The user agrees to pay applicable usage fees as they occur. Prior to accessing a film, the user will be informed of film usage fees. The user is also obliged to pay usage fees occurring in the event that third parties, whether with or without consent of the user, access or use content that has been retrieved over the user’s Internet connection, or by using the user’s user name and password.
By submitting your film in the corresponding website area "SUBMIT YOUR FILM", SPAMFLIX staff will evaluate your project only for the purpose of considering the film for Spamflix’s catalogue.
Payments with credit cards
In order to use the Website and the Apps, you will have to establish an account with PayPal or comply with the PayPal Credit card payment terms. If your PayPal account is suspended or terminated, you may not have access to the Website's streaming service.
Site Access Recommended Minimum Requirements
To access and use the Website, users are themselves responsible for all equipment and Internet connection requirements. Current minimum recommended technical requirements are:
However, these minimum recommended requirements may change over time and may not be sufficient depending on your location and equipment. If you are experiencing technical difficulties accessing or using the Website or obtaining adequate streaming quality, please contact us using the contact information listed below under the Technical Assistance paragraph.
Furthermore, Spamflix reserves the right to charge a fee for certain service components. Spamflix will inform its users in advance of any fee-based service components, and thus the user will have an option not to use the services that trigger the additional fees. Users are obliged to pay fees only upon use of such services.
Users shall immediately report any noticeable service malfunction by mailing a service disruption report to info@spamflix.com with the subject “malfunction report”.
User Posted Content and Contributions
Our Website and Apps may contain message boards, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display, or transmit to or make visible to other users or other persons (hereinafter, “post” or to “be posted”) content or materials supplied by such user (collectively, “User Contributions” or “User Posted Content”) on or through the Website. Such material may include, for example, commentary and rates on films and film titles, or other content. User Contributions do not in any way represent the opinion of Spamflix. All User Contributions must comply with these Terms of Use. Spamflix does not guarantee that User Contributions will be posted and Spamflix may remove, reject, prohibit posting of and/or modify User Contributions at any time in its discretion.
Spamflix does not assume liability for the form, accuracy, appropriateness, or quality of such User Contributions. Users who supply or post User Contributions to the Website are responsible for their own submissions, and they agree not to contribute content or make entries that:
- violate applicable law or the laws of other jurisdictions;
- defame, libel or invade the privacy of any person or entity;
- violate the personal or property rights of any person or entity, including, but no limited to rights of copyright, trademark, personal rights, privacy, moral rights, and rights of publicity;
-is offensive, abusive, discriminating, or profane; or
- violate these Terms of Use.
By posting any User Contributions, such user is granting to Spamflix, irrevocably and in perpetuity, the worldwide nonexclusive right and license to publish and distribute such User Contribution, in whole and in part, on the Website and Apps and in any media now known or hereinafter discovered, and the right for Spamflix to assign and sublicense such rights to others. By posting such User Contributions, the user is warranting that the user holds all rights in the User Contribution necessary to grant the foregoing rights, and that the User Contribution complies with these Terms of Use. The foregoing obligations apply to a user even if the User Contributions are posted by another person who with or without authorization is using the user’s account information.
Claims of Copyright Infringement for User Contributions
Spamflix respects the intellectual property of others. It is our policy: (i) to block access to or remove postings or other User Contributions that Spamflix believes in good faith infringes the copyrights of third parties; and (ii) to terminate a repeat infringer’s access to our Website and online services.
Claims of Copyright Infringement. If you believe that content posted on our Website or Apps infringes your copyright, please send us a written notice of claimed copyright infringement that meets the following requirements:
The notice should be sent to the following via first class mail, prepaid, via email: Copyright Agent, Spamflix, Lda. Rua Garcia de Orta 48 - 2°, 1200-680, Lisboa, Portugal. Email: copyright@spamflix.com ; Ph: + 351 210 150 471. Please note that only notices regarding copyright infringement should be sent to this address and if the notice does not include all of the required information, it may be defective and not valid notice to us.
The notice must include all of the following:
Again, this procedure is exclusively for notifying Spamflix that copyrighted material has been infringed upon on our Website or online services. The Copyright Agent contact information should not be used for other purposes or for technical help.
Counter-Notice. If you believe that your User Contribution was removed (or to which access was disabled) 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 User Contribution on the Website and Apps, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Spamflix may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Contribution or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user who posted the User Contribution, the removed User Contribution may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Spamflix’s sole discretion.
Other Prohibited Use
Users shall not take action or endeavor to take action that will impair the functionality or performance of the Website and Apps or the use of the Website by others.
User shall not
Intellectual Property Rights
©The Spamflix Web site 2018, All Rights Reserved.
The service mark SPAMFLIX™ is the property of Spamflix and no use may be made thereof without Spamflix permission. Other trademarks and service marks on the Website or accessible through use of the Website are the property of Spamflix or the trademark or service mark’s respective owners.
Spamflix and third parties (including, without limitation, Spamflix licensors) hold intellectual property and copyright rights to the Website and Apps and the services and content available through the Website and the Apps and the technology providing the Website and the Apps, including, without limitation, the text, pictures, graphics, music, animation, and films appearing on or accessible through use of the Website and the Apps. Such intellectual property and copyright rights are protected by the United States federal and state law. No use of the Website and the Apps, and such services, content and technology may be made except as expressly permitted in these Terms of Use. In the event of infringement or violation of this property, Spamflix and/or its licensors shall have the right to pursue all available remedies, including financial damages, injunctions and other civil and criminal actions.
Data Privacy Protection
All personal data will be collected, used and shared by Spamflix in accordance with the Privacy Policy. By using the Website and the Apps, you consent to all actions taken by us with respect to your information as permitted in the Privacy Policy. Please review the Privacy Policy carefully and check changes thereto.
Consent to Receive Electronic Communications; Access by Mobile Device
Certain features of the Website and of the Apps may require you to allow e-mails, text messages or other electronics communications to be received by you, and to use these features you must provide a valid e-mail address, mobile phone number or other contact information for another communications device. By registering such information on the applicable parts of the Website and the Apps you authorize us to send you electronic communications in accordance with the settings specified with your account. In addition, certain features of the Website and of the Apps may utilize GPS or other location-based technology to confirm a registered user’s location for those features that are dependent on location verification, and you authorize the use with the Service of such GPS or other location-based technology. You should be aware that your carrier may charge you applicable text messaging rates for each message sent or received. You represent to us that you are the owner or authorized user of the wireless or other communications device used to receive or send any text messages or other electronic communications related to your use of the Website and of the Apps.
If you use a mobile device to access the Website and the Apps, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to the use of your mobile device to access or use the Website or any related features; and (b) all such charges are billed by and payable to your mobile service provider and not to us. Please contact your participating mobile service provider for pricing plans, participation status and other details about your mobile plan and related charges. You further understand that access to the Website and to the Apps may not be available in all areas at all times and may be affected by specific device, software, coverage or service changes made by your mobile service provider or otherwise. Additional provisions may apply to your use of our Website based on the type of mobile device that you use. By accessing or using any part of the Website and of the Apps with a mobile device, you agree to these Terms of Use, and to any applicable terms of any related mobile app that you may use to access or use the Website.
Disclaimer; Limitation of Liability
SPAMFLIX DOES NOT WARRANT THAT THE WEBSITE, THE APPS AND THE CONTENT AND SERVICES PROVIDED OR MADE ACCESSIBLE THROUGH USE THEREOF WILL BE AVAILABLE WITHOUT INTERRUPTION, CONTINUE TO BE AVAILABLE OR THAT THEY WILL BE ACCURATE OR ERROR FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, IMPLIED AND EXPRESS, ARE HEREBY EXPRESSLY DISCLAIMED BY SPAMFLIX, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, AND NON-INFRINGEMENT. SPAMFLIX DOES NOT WARRANT THAT THE FILMS AND OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE AND THE APPS ARE APPROPRIATE FOR ALL AUDIENCES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SPAMFLIX, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OR SERVICES PROVIDED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
CERTAIN JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY AND THUS THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
User Indemnification
You agree to indemnify, defend, and hold harmless Spamflix, its officers, directors, employees, agents, licensors and suppliers (and their successors and assigns) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms of Use, (ii) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website and the Apps using your user account, (iii) any content or other materials provided or posted by you, or (iv) the violation by you of the rights (including intellectual property rights) of any third party resulting from your use of the Website and the Apps.
Governing Law and Jurisdiction
This Terms of Use shall be governed exclusively by the laws of Portugal without application of its principles of conflicts of laws.
You agree that any legal action or proceeding between Spamflix and you for any purpose concerning these Terms of Use or the parties’ obligations hereunder shall be brought exclusively in the courts located in Portugal, Portugal having jurisdiction thereof. TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH THE USER AND SPAMFLIX DO HEREBY IRREVOCABLY AND UNCONDITIONALLY: (A) CONSENT AND SUBMIT TO THE EXCLUSIVE VENUE OF THE COURTS LOCATED IN PORTUGAL; AND (B) WAIVE ANY OBJECTION TO THAT CHOICE OF FORUM BASED ON INCONVENIENT FORUM OR LACK OF SUBJECT MATTER OR PERSONAL JURISDICTION.
Entire Agreement
These Terms of Use and the Privacy Policy, each as updated from time to time as provided herein and therein, constitute the entire agreement between each user and Spamflix regarding the user’s use of our Website and Apps.
Severability
If any individual provision of these Terms of Use is deemed in part or in whole to be invalid by a court of competent jurisdiction, or is deemed to contain invalid provisions or elements, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. The provision or portion thereof that has been deemed invalid shall be struck and the remaining provisions shall be interpreted and applied to most closely fulfill the original intention of the provision.
Technical Assistance.
If you have any technical difficulty registering or using the Website or the Apps, please contact us here: help@spamflix.com. We cannot guarantee that technical assistance staff will always be available nor that such staff will be able to resolve your issue.
General Contact Information
Other than for Technical Assistance (see the immediately preceding information above), in the event that you would like to contact Spamflix, our contact information is as follows: contact@spamflix.com. Please note that this is not the correct contact information to use to report that the copyright to your own material has been infringed upon. The only address that may be used for that purpose is listed above under Claims of Copyright Infringement for Material Posted by Users.
In accordance with California Civil Code Section 1789.3, California residents may also file complaints concerning the Website with the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs by postal mail at 1625 North Market Road, Suite N112, Sacramento, CA 95834 or by telephone at 800-952-5210.
