By using JFV’s search engine, or other JFV services (“JFV Services”, or “Services” ), you agree to be bound by the following terms and conditions (the “Terms of Service”). BY USING AND/OR VISITING THIS WEBSITE (collectively, including all content available through the JFV.com domain name, the “JFV Website”, or “Website”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF FLIXYA’S PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, please do not use the JFV Website.

The JFV Services are made available for your personal, non-commercial use only. You may not use the JFV Services to sell a product or service, or for commercial reasons. You may not take the results from a JFV search and reformat and display them, or mirror the JFV home page or results pages on your Web site. You may not “meta-search” JFV. If you want to make commercial use of the JFV Services, you must, in advance, enter into an agreement with JFV. Please contact us for more information. These Terms of Service apply to all users of the JFV Website, including users who are also contributors of video content, information and other materials or services on the Website. The JFV Website may contain links to third party websites that are not owned or controlled by JFV. The content or websites displayed as search results or linked to by JFV Services are developed by users over whom JFV exercises no control. The search results that appear from JFV’s indices are indexed by JFV’s automated programs and computers, and JFV cannot and does not screen the sites before including them in the search results of indices. A search using JFV Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that an JFV search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the JFV Services.

You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or that contains viruses, or is otherwise objectionable as reasonably determined by JFV; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Terms of Service or Privacy Policy, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. JFV reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

We may modify or terminate our services from time to time, for any reason, and without notice. This includes the right to terminate services with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you are the owner of the copyright or intellectual property that violates copyright infringement, please contact us at contact@flixya.com.

JFV does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your JFV account. We will not use any of your content for any purpose except to provide you with the Service.

As a condition to using the Service, you agree to the terms of the JFV Privacy Policy as it may be updated from time to time. JFV understands that privacy is important to you. You do, however, agree that JFV may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the JFV Privacy Policy. Personal information collected by JFV may be stored and processed in the United States. By using JFV, you consent to any such transfer of information outside of your country.

JFV disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the FLIXYA SERVICES results. JFV disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. JFV disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the FLIXYA SERVICES. THE FLIXYA SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE FLIXYA SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. FLIXYA AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FLIXYA AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FLIXYA SERVICES. FLIXYA AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE FLIXYA SERVICES. FLIXYA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FLIXYA SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE FLIXYA SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE FLIXYA SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE FLIXYA SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

UNDER NO CIRCUMSTANCES SHALL FLIXYA OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE FLIXYA SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF FLIXYA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE FLIXYA SERVICES, FROM INABILITY TO USE THE FLIXYA SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE FLIXYA SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FLIXYA SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE FLIXYA SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE FLIXYA SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE FLIXYA SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE FLIXYA SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE FLIXYA SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall JFV or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by JFV.

You affirm that you are either more than 18 years of age or, an emancipated minor at or over the age of 13 or, possess legal parental or guardian consent if you are at or between the ages of 13 and 18, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The JFV Website is not intended for children under the age of 13 or non-emancipated minors without legal parental or guardian consent who are at or between the ages of 13 and 18.