Hypnoflix Website Terms of Use
Legal Information & Notices
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply
to the Hypnoflix web site located at www.hypnoflix.tv, and all associated sites
linked to www.hypnoflix.tv by Hypnoflix,
its subsidiaries and affiliates, including Hypnoflix sites around the world
(collectively, the "Site"). The Site is the property of Hypnoflix ("Hypnoflix")
and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU
DO NOT AGREE, DO NOT USE THE SITE.
Hypnoflix reserves the right, at its sole discretion, to change, modify,
add or remove portions of these Terms of Use, at any time. It is your
responsibility to check these Terms of Use periodically for changes. Your
continued use of the Site following the posting of changes will mean that you
accept and agree to the changes. As long as you comply with these Terms of Use,
Hypnoflix grants you a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code (collectively,
"Content"), including but not limited to the design, structure,
selection, coordination, expression, "look and feel" and arrangement
of such Content, contained on the Site is owned, controlled or licensed by or
to Hypnoflix, and is protected by trade dress, copyright, patent and trademark
laws, and various other intellectual property rights and unfair competition
laws.
Except as expressly provided in these Terms of Use, no part of the Site
and no Content may be copied, reproduced, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted or distributed in any way
(including "mirroring") to any other computer, server, Web site or other
medium for publication or distribution or for any commercial enterprise,
without Hypnoflix’s express prior written consent.
You may use information on Hypnoflix products and services (such as data
sheets, knowledge base articles, and similar materials) purposely made available
by Hypnoflix for downloading from the Site, provided that you (1) not remove
any proprietary notice language in all copies of such documents, (2) use such
information only for your personal, non-commercial informational purpose and do
not copy or post such information on any networked computer or broadcast it in
any media, (3) make no modifications to any such information, and (4) not make
any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any "deep-link", "page-scrape",
"robot", "spider" or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Site or any Content, or in
any way reproduce or circumvent the navigational structure or presentation of
the Site or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Site. Hypnoflix reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or
feature of the Site, or any other systems or networks connected to the Site or
to any Hypnoflix server, or to any of the services offered on or through the
Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any
network connected to the Site, nor breach the security or authentication
measures on the Site or any network connected to the Site. You may not reverse
look-up, trace or seek to trace any information on any other user of or visitor
to the Site, or any other customer of Hypnoflix, including any Hypnoflix
account not owned by you, to its source, or exploit the Site or any service or
information made available or offered by or through the Site, in any way where
the purpose is to reveal any information, including but not limited to personal
identification or information, other than your own information, as provided for
by the Site.
You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on the infrastructure of the Site or Hypnoflix’s
systems or networks, or any systems or networks connected to the Site or to Hypnoflix.
You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site or any transaction
being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any message or transmittal you send to Hypnoflix on
or through the Site or any service offered on or through the Site. You may not
pretend that you are, or that you represent, someone else, or impersonate any
other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful
or prohibited by these Terms of Use, or to solicit the performance of any
illegal activity or other activity which infringes the rights of Hypnoflix or
others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or
services and to specific portions or features of the Site, including contests,
promotions or other similar features, all of which terms are made a part of
these Terms of Use by this reference. You agree to abide by such other terms
and conditions, including where applicable representing that you are of
sufficient legal age to use or participate in such service or feature. If there
is a conflict between these Terms of Use and the terms posted for or applicable
to a specific portion of the Site or for any service offered on or through the
Site, the latter terms shall control with respect to your use of that portion
of the Site or the specific service.
Hypnoflix’s obligations, if any, with regard to its products and
services are governed solely by the agreements pursuant to which they are
provided, and nothing on this Site should be construed to alter such
agreements.
Hypnoflix may make changes to any products or services offered on the
Site, or to the applicable prices for any such products or services, at any
time, without notice. The materials on the Site with respect to products and
services may be out of date, and Hypnoflix makes no commitment to update the
materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and
they are incorporated herein by this reference:
Guidelines for Using Hypnoflix Trademarks & Copyrights
Rights & Permissions
Trademarks
Claims of Copyright Infringement
Piracy
Counterfeit Products
Hypnoflix’s Unsolicited Idea Submission Policy
Software License Information
Legal Contacts
Each of these policies may be changed from time to time and are
effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require
you to open an account (including setting up an Hypnoflix ID and password). You
are entirely responsible for maintaining the confidentiality of the information
you hold for your account, including your password, and for any and all
activity that occurs under your account as a result of your failing to keep
this information secure and confidential. You agree to notify Hypnoflix
immediately of any unauthorized use of your account or password, or any other
breach of security. You may be held liable for losses incurred by Hypnoflix or
any other user of or visitor to the Site due to someone else using your Hypnoflix
ID, password or account as a result of your failing to keep your account
information secure and confidential.
You may not use anyone else’s Hypnoflix ID, password or account at any
time without the express permission and consent of the holder of that Hypnoflix
ID, password or account. Hypnoflix cannot and will not be liable for any loss
or damage arising from your failure to comply with these obligations.
Privacy
Hypnoflix’s Privacy Policy applies to use of this Site, and its terms
are made a part of these Terms of Use by this reference. Additionally, by using
the Site, you acknowledge and agree that Internet transmissions are never
completely private or secure. You understand that any message or information
you send to the Site may be read or intercepted by others, even if there is a
special notice that a particular transmission (for example, credit card
information) is encrypted.
Links to Other Sites and to the Hypnoflix Site
This Site may contain links to other independent third-party Web sites
("Linked Sites"). These Linked Sites are provided solely as a
convenience to our visitors. Such Linked Sites are not under Hypnoflix’s
control, and Hypnoflix is not responsible for and does not endorse the content
of such Linked Sites, including any information or materials contained on such
Linked Sites. You will need to make your own independent judgment regarding
your interaction with these Linked Sites.
Disclaimers
HYPNOFLIX DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR
FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS
WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND
"AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT
TO CHANGE WITHOUT NOTICE. HYPNOFLIX CANNOT ENSURE THAT ANY FILES OR OTHER DATA
YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES. HYPNOFLIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. HYPNOFLIX DISCLAIMS ANY AND ALL LIABILITY FOR
THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR
RELATED TO YOUR USE OF THE SITE AND/OR ANY HYPNOFLIX SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY
AGAINST HYPNOFLIX FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP
USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE
BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries
caused by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line
failure, theft or destruction of or unauthorized access to, alteration of, or
use, whether for breach of contract, tort, negligence or any other cause of
action.
Hypnoflix reserves the right to do any of the following, at any time,
without notice: (1) to modify, suspend or terminate operation of or access to
the Site, or any portion of the Site, for any reason; (2) to modify or change
the Site, or any portion of the Site, and any applicable policies or terms; and
(3) to interrupt the operation of the Site, or any portion of the Site, as
necessary to perform routine or non-routine maintenance, error correction, or
other changes.
Limitation of Liability
Except where prohibited by law, in no event will Hypnoflix be liable to
you for any indirect, consequential, exemplary, incidental or punitive damages,
including lost profits, even if Hypnoflix has been advised of the possibility
of such damages.
If, notwithstanding the other provisions of these Terms of Use, Hypnoflix
is found to be liable to you for any damage or loss which arises out of or is
in any way connected with your use of the Site or any Content, Hypnoflix’s liability
shall in no event exceed the greater of (1) the total of any subscription or
similar fees with respect to any service or feature of or on the Site paid in
the six months prior to the date of the initial claim made against Hypnoflix
(but not including the purchase price for any Hypnoflix hardware or software
products or any HypnoflixCare or similar support program), or (2) £100.00. Some
jurisdictions do not allow limitations of liability, so the foregoing
limitation may not apply to you.
Indemnity
You agree to indemnify and hold Hypnoflix, its officers, directors,
shareholders, predecessors, successors in interest, employees, agents,
subsidiaries and affiliates, harmless from any demands, loss, liability, claims
or expenses (including attorneys’ fees), made against Hypnoflix by any third
party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Hypnoflix may disclose any information we have about you (including your
identity) if we determine that such disclosure is necessary in connection with
any investigation or complaint regarding your use of the Site, or to identify,
contact or bring legal action against someone who may be causing injury to or
interference with (either intentionally or unintentionally) Hypnoflix’s rights
or property, or the rights or property of visitors to or users of the Site,
including Hypnoflix’s customers. Hypnoflix reserves the right at all times to
disclose any information that Hypnoflix deems necessary to comply with any
applicable law, regulation, legal process or governmental request. Hypnoflix
also may disclose your information when Hypnoflix determines that applicable
law requires or permits such disclosure, including exchanging information with
other companies and organizations for fraud protection purposes.
You acknowledge and agree that Hypnoflix may preserve any transmittal or
communication by you with Hypnoflix through the Site or any service offered on
or through the Site, and may also disclose such data if required to do so by
law or Hypnoflix determines that such preservation or disclosure is reasonably
necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3)
respond to claims that any such data violates the rights of others, or (4)
protect the rights, property or personal safety of Hypnoflix, its employees,
users of or visitors to the Site, and the public.
You agree that Hypnoflix may, in its sole discretion and without prior
notice, terminate your access to the Site and/or block your future access to
the Site if we determine that you have violated these Terms of Use or other
agreements or guidelines which may be associated with your use of the Site. You
also agree that any violation by you of these Terms of Use will constitute an
unlawful and unfair business practice, and will cause irreparable harm to Hypnoflix,
for which monetary damages would be inadequate, and you consent to Hypnoflix
obtaining any injunctive or equitable relief that Hypnoflix deems necessary or
appropriate in such circumstances. These remedies are in addition to any other
remedies Hypnoflix may have at law or in equity.
You agree that Hypnoflix may, in its sole discretion and without prior
notice, terminate your access to the Site, for cause, which includes (but is
not limited to) (1) requests by law enforcement or other government agencies,
(2) a request by you (self-initiated account deletions), (3) discontinuance or
material modification of the Site or any service offered on or through the
Site, or (4) unexpected technical issues or problems.
If Hypnoflix does take any legal action against you as a result of your
violation of these Terms of Use, Hypnoflix will be entitled to recover from
you, and you agree to pay, all reasonable attorneys’ fees and costs of such
action, in addition to any other relief granted to Hypnoflix. You agree that Hypnoflix
will not be liable to you or to any third party for termination of your access
to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the
Site, including all disputes, will be governed by the laws of the United Kingdom
The preceding provision regarding venue does not apply if you are a consumer
based in the European Union. If you are a consumer based in the European Union,
you may make a claim in the courts of the country where you reside. Any claim
under these Terms of Use must be brought within one (1) year after the cause of
action arises, or such claim or cause of action is barred. Claims made under
the separate terms and conditions of purchase for goods and services are not
subject to this limitation. No recovery may be sought or received for damages
other than out-of-pocket expenses, except that the prevailing party will be
entitled to costs and solicitors fees. In the event of any controversy or
dispute between Hypnoflix and you arising out of or in connection with your use
of the Site, the parties shall attempt, promptly and in good faith, to resolve
any such dispute. If we are unable to resolve any such dispute within a
reasonable time (not to exceed thirty (30) days), then either party may submit
such controversy or dispute to mediation. If the dispute cannot be resolved
through mediation, then the parties shall be free to pursue any right or remedy
available to them under applicable law.
Void Where Prohibited
Hypnoflix administers and operates the www.hypnoflix.tv
Site from its location in Spain; other Hypnoflix sites may be administered and
operated from various locations outside Spain. Although the Site is accessible
worldwide, not all features, products or services discussed, referenced, provided
or offered through or on the Site are available to all persons or in all
geographic locations, or appropriate or available for use outside Spain. Hypnoflix
reserves the right to limit, in its sole discretion, the provision and quantity
of any feature, product or service to any person or geographic area. Any offer
for any feature, product or service made on the Site is void where prohibited.
If you choose to access the Site from outside the Spain, you do so on your own
initiative and you are solely responsible for complying with applicable local
laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or
adaptation of such Content, or any product or service offered on the Site, in
violation of any applicable laws or regulations, including without limitation
United Kingdom export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or
other tribunal of competent jurisdiction to be void or unenforceable, such
provisions shall be limited or eliminated to the minimum extent necessary and
replaced with a valid provision that best embodies the intent of these Terms of
Use, so that these Terms of Use shall remain in full force and effect. These
Terms of Use constitute the entire agreement between you and Hypnoflix with
regard to your use of the Site, and any and all other written or oral
agreements or understandings previously existing between you and Hypnoflix with
respect to such use are hereby superseded and cancelled. Other than as provided
in a purchase agreement you enter into with Hypnoflix, Hypnoflix will not
accept any counter-offers to these Terms of Use, and all such offers are hereby
categorically rejected. Hypnoflix’s failure to insist on or enforce strict
performance of these Terms of Use shall not be construed as a waiver by Hypnoflix
of any provision or any right it has to enforce these Terms of Use, nor shall
any course of conduct between Hypnoflix and you or any other party be deemed to
modify any provision of these Terms of Use. These Terms of Use shall not be
interpreted or construed to confer any rights or remedies on any third parties.
Hypnoflix provides access to Hypnoflix international data and,
therefore, may contain references or cross references to Hypnoflix products,
programs and services that are not announced in your country. Such reference
does not imply that Hypnoflix in your country intends to announce such
products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be
non-confidential. Hypnoflix shall be free to use such information on an
unrestricted basis.
The information contained in this web site is subject to change without
notice.
Copyright © 1997-2009 Hypnoflix Inc. All rights reserved.
Updated by The Hypnoflix Legal Team on Nov. 20, 2019