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.
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).
Eligibility to use the Website; Not for Individuals under the age of 18 or Others Unable to Form Binding Contracts
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
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 email@example.com.
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 firstname.lastname@example.org with the subject “malfunction report”.
User Posted Content and Contributions
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
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: email@example.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.
Data Privacy Protection
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.
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.
Governing Law and Jurisdiction
If you have any technical difficulty registering or using the Website or the Apps, please contact us here: firstname.lastname@example.org. 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: email@example.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.