Terms of Use


Welcome! You have arrived at flixen.com that is owned and/or operated by Hifive Holdings Limited (“company”, “we,” “our” or “us”). These Terms and Conditions of Service (“Terms”) govern your use of https://flixen.com/ (including, without limitation, both mobile and online versions of our site), and also applies to your use of all features, content, downloads and other services that we make available through the site and/or that post a link to these Terms (collectively, referred to herein as the “Site”). By using the Site, you consent to the Site's and consent to the collection and use of your data (including Personal Data as defined therein) in accordance with the Privacy Policy.

The Terms of Service apply whether you are a user that registers an account with the flixen.com services (Fan) or an unregistered user or you are a Content Creator. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the flixen.com services, you are entering into a legally binding agreement between you and flixen.com regarding your use of the flixen.com services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the flixen.com services.

Who we are and how to reach us

Flixen.com is operated by Hifive Holdings Limited. We are a limited company registered in Cyprus, with company registration number HE427089 and we have our registered office address at Katalanou 1, 1st floor, Office 101, Aglantzia 2121, Nicosia, Cyprus.

If you have any questions, please contact us at support@flixen.com.

Definitions

  • Flixen / flixen.com / Site / Website/ “we”, “our”, “us”: means the website located at https://flixen.com/ and/our company: Hifive Holdings Limited.
  • Account: a registered account at flixen.com, used to access certain features of the Site.
  • Guest: The visitor who enters on and/or visits the flixen.com website without registering to the services of the website.
  • Fan: a registered user, who can follow and interact with other registered users who signs up to the services of the site. A member who follows a Content creator and is able to view the Creator's Content.
  • Creator / Content creator: A physical person, depending on the jurisdiction, who provides contents, chats or interacts with Fans.
  • Content / Creation: means any material uploaded to flixen.com by any User (whether a Creator or a Fan), including any photos, videos, audio, livestream material, data, text (such as comments and hashtags, website links), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
  • Subscription: a Fan's subscription to a Creator's account.
  • Payment Methods: MasterCard, Visa, Visa Delta JCB cards, Diners Club, American Express, or any other payment methods set out in the Subscription Order or Additional Content Order process; or any payment methods that we offer for Content creators to receive their payments (e.g wire transfer, PayPal).
  • Token Balance: At flixen.com, Fans have the opportunity of obtaining Tokens to pay for premium services, by purchasing packages. Payments are securely processed by our payment processors, and the purchased Tokens consequently appear on the Fan's account as a balance.

General terms for all users

Who May Use the Services

You may use the services only if you agree to form a binding contract with flixen.com and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 16 years old to use the Website and it's services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entities to these Terms.

Personal data

  • When using our Website, you will share and/or we will collect some personal information about you. Please read our Privacy Policy carefully, which explains how we collect, use and share your personal information and the choices you have regarding the use of your personal data.
  • Flixen.com employees' access to any personal information is restricted and they are bound by confidentiality obligations. flixen.com's employees might be subject to disciplinary measures, including the termination of their contracts and in serious cases even criminal prosecution should they fail to meet these strict obligations.

Accounts and account details

  • You will choose a username and a password or any other piece of information as part of our security procedures. You must treat such information as confidential.
  • Your chosen username must comply with the acceptable content rules set out herein and you must not seek to use your account or username in either direct or indirect connection with the impersonation of any other person or entity.
  • We may, at our sole discretion, edit, suspend and/or cancel an account/profile at any time and without notice.
  • You must not disclose any username or password to any third party or directly or indirectly allow any third party to use your account to gain access to our Website.
  • Third-Party Accounts: flixen.com may permit you to register for and log on to the flixen.com Services via certain third-party services. The third party's collection, use, and disclosure of your information will be subject to that third-party service's privacy notice

Username policy

In order to promote a safe and inclusive community, usernames on flixen.com must adhere to all of our general Community Guidelines standards. This username will be visible on the site as well as in search engine results.

In general, we do not allow usernames that include profane or obscene language, third-party trademarks, email- or web addresses. If we detect a name that violates our policies or we consider inappropriate, we reserve the full rights to take steps to address and prevent it. This includes editing (renaming) or removing the account's username/profile information, restricting, suspending or terminating the user who is in breach.

Please note the followings when you choose a username:

  • You are not allowed to create a username that is hateful, obscene, offensive, profane, racist, sexual, defamatory, violent or discriminating, including on the grounds of race, ethnicity, color, religion, disability, national origin, sex, gender and gender identity or sexual orientation.
  • You shall not select or use as a username a name of another person with the intent to impersonate that person; use as a username a name subject to any rights of a person other than you without appropriate authorization.
  • Your username cannot be the same or similar to other Content creators' or influencers' username and/or display names.

If you believe someone's account is violating your trademark rights, or you see any usernames on the site that violates the rules, you can report it to us at support@flixen.com

User Certifications

By registering on flixen.com, you represent and warrant that:

  • all account registration, profile information and content you provide is your own information and the content is complete, truthful, and accurate;
  • you are fully responsible for any and all activities that occur on your account, and that you will log out of your account at the end of each session;
  • you will use particular caution when accessing your account from a public or shared computer so that others are not able to access, view, or record your password or other personal information;
  • you are responsible for keeping your login details confidential and secure, and you will immediately notify us at support@flixen.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security;
  • if you previously had an account with flixen.com, your previous account was not suspended or terminated by flixen.com for violation of these Terms.

Abusive Conduct and Restrictions

  • We emphasize and remind you to use your account responsibly and comply with all of the stated Terms and policies, as amended from time to time. Since you are solely responsible for all activity on your account, we reserve the right to terminate your account at any time at our sole discretion.
  • We are strict about each User's adherence to our Terms, so we don't permit Content or conduct that violate our Content Policy.
  • Using our website for any illicit activity is strictly forbidden. Additionally, you may not attempt to misuse or exploit our platform, code, or technology for any illegal actions or to cause any harm to others.
  • We do not allow the use of automated programs that are intended to disrupt the normal use of the Website.
  • Activities that violate any card association standards are strictly forbidden and will lead to immediate and permanent suspension of the concerned account.
  • Any sexual activity, especially underage sexual activity, bestiality, incest, demonstration of blood and mimicking the above mentioned is against the rules. Any attempt to display text material that is a celebrity name, offensive, suggests pedophilia, adolescence, bestiality or zoophile, referring to elimination or consumption of any bodily waste or implying words that are unacceptable by the standards of good taste will lead to immediate and permanent suspension of the concerned account.
  • You may not impersonate an admin or employee of flixen.com.
  • You may not engage in illegal, dangerous, harmful activities. Self harm, harm to others and criminal activities are strictly prohibited throughout the site.

Flixen.com reserves the right to restrict access and use of our website to anyone that doesn't meet our membership qualifications or who has been identified as having violated our Terms.

Principles

  • Flixen.com has no intention to support immoral interests; therefore strict rules have been set forth.
  • No Prostitution or Sex Trafficking: The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on flixen.com or by posting links to external websites that promote or facilitate prostitution or sex trafficking, we will immediately delete your account without refunding and/or paying out any funds in your account at the time of the offense or deletion.
  • At flixen.com there is a zero tolerance policy on paedophilic content (written or audio-visual). In case of the slightest suspicion, the account in question is immediately and permanently closed and the appropriate authorities may be contacted.
  • Flixen.com reserves the right to apply immediate and permanent suspension in case a username is offensive, refers to minors or upon the slightest suspicion of forgery.

Spam

  • Flixen.com does not send spam messages and will not tolerate spam, distancing itself from any actions related to spamming.
  • The following is considered to constitute a spam:
    • Manipulating messages, such as email headers, sent to or through flixen.com computer systems in a way that may deceit Fans of flixen.com.
    • Relaying email from a third party's mail servers without the permission of that third party.
    • Sending, relaying or causing to be sent false, deceptive information or that is otherwise against the business interest of flixen.com.
    • Using or causing to be used flixen.com computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
    • Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times
    • Disrupting the normal flow of dialogue by posting messages in quick succession, multiple times, using capital letters only or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.
  • Spamming through flixen.com system or disturbing its Users is a violation of Terms and Conditions of the site.
  • Flixen.com does everything in its power to protect its Users from deleterious effects of spamming.
  • The use of all legal proceedings is considered in case of spamming inflicting a loss on flixen.com.
  • Notwithstanding the above, flixen.com when authorized by the Users, within the terms of the present agreement, may send promotional emails about its own and about its partner-websites and every email will contain the option to unsubscribe from the mailing list.
  • Registered Users may occasionally receive newsletters in relation to flixen.com. The messages sent to Users are transactional or Website related messages. Subscribing to and unsubscribing from these emails takes a single click. Any promotional messages will be only sent if the User has expressed its consent for receiving such promotional messages.

Changes To the Terms Of Use

We 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 and apply to all access to and use of the website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes.

Contacts

If there are any questions regarding the Terms of Use, you may contact us by sending an email to: support@flixen.com.

Subscriptions, token purchases and gifts

  • Please note if being a new user is a condition for receiving any rewards then a new account registration on flixen.com is not considered to be a new user. Bonus/Free tokens, if there is any such, are only available for one time for new purchases of first time users on only one of the websites operated by the Site.
  • In order to subscribe to a User's channel, you must first add a payment method to your account and then click the 'Subscribe' button on the relevant profile page.
  • You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your payment. Your bank may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your bank and we will not be responsible for such charges or fees.
  • All currency and transaction related costs are included in the displayed price of the token package and/or monthly subscriptions. flixen.com reserves the right to modify the prices incurred from the fluctuations of currency exchange rates.
  • Subscription; Auto-Renewal; Cancellation: The payment provider will take (i) periodic payments from your payment card for subscriptions; and (ii) immediate payments from your payment card for other than Subscriptions (including any donations paid by you to a Creator). You authorize and consent to each of these payments being debited using your supplied payment card details.

All subscriptions to a creator's profile will automatically renew at the end of the relevant subscription period selected, except if your payment card is declined, the subscription price for the subscription has increased, or you have turned off the “Auto-Renew” switch located on the relevant creator's profile or in your user account settings. You can cancel your subscription any time. If you cancel a subscription, you may continue to be permitted to view the relevant creator's content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card for subscriptions to that creator's profile (unless you choose to pay for a new subscription to that creator's profile), and you will no longer be able to view the relevant creator's content. If we suspend your user account for breach of this agreement, any payments that would otherwise have fallen due during the period of suspension of your user account will be suspended during the period of suspension of your user account. For purposes of this agreement, “subscription” means a fan's subscription to a creator's account (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month).

When you subscribe and/or you buy predefined token packages, your credit card details will be processed by a secured payment module, which does not transfer any payment information to Hifive Holdings Limited. We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion.

Transactions and Value-added tax (VAT)

If you are a User in a country where VAT (sales tax) is applicable, you will see an additional line item when making your purchase and the VAT (sales tax)) amount will be added to the cost of the subscription or purchased token package. VAT (sales tax) collected will be paid directly to the relevant tax authorities.

The rate of VAT levied by governments also changes from time to time and may be a factor in the event that we have to make changes to pricing in the future. We list the amount of VAT added to applicable payments in your Account.

Complaints; Refunds; Chargebacks

  • Complaints: If you have a complaint about a User account, please contact us first with a detailed description of the issue. In case you have a complaint about a transaction, please contact us with the transaction number, date and any other important details.
  • Refunds: Transactions associated with your account are final and non-refundable. However, we reserve the right to address any refund request and issue refunds in appropriate cases, within our sole discretion.
  • Fraudulent transactions: In case of a fraudulent transaction, flixen.com has the right to use all available information at its disposal during any kind of legal procedure. Including, without the claim of completeness, browser history, IP and email addresses and any other traceable activity. During such legal procedures flixen.com might involve other, professional investigator parties and share certain information in order to comply with law requirements, vindicate its rights and represent the best interests of its Users. The User will be liable for investigation or collection costs related to any fraudulent transaction. flixen.com grants full cooperation to legal authorities investigating fraudulent transactions and other matters falling under legal jurisdiction and responds to subpoenas and court orders. For this reason, Users may only use their own source of payment on the Website.
  • Chargebacks: You must not make unjustified chargeback claims against Website. If you think we have charged you as an error, always contact us first so we can review the issue. Chargebacks are initiated when individuals reach out to their financial institutions to dispute a transaction. To protect our Users, we will review excessive and potentially fraudulent chargebacks and we may prevent you from making additional purchases during the review process. If we determine that any chargeback request is fraudulent or was made by you in bad faith, we reserve the right to suspend or terminate your user account or any future user account you create.

Guidelines to Content Creators

Your requirements as a content creator

As a content creator you are required to keep written consent of all persons depicted in content uploaded on flixen.com. This consent must cover the following areas:

  • Consent to be depicted in the content
  • Consent to allow for the public distribution of the content and to upload the content to flixen.com platform/website

Content on flixen.com

  • Creators maintain complete ownership of all Contents uploaded by them
  • The purpose of this license is strictly intended to allow us to promote your content and/or profile to other Users of flixen.com. This permission allows us to use and/or modify your contents for promotional purposes, by adding stickers, text, filters, frames and watermarks, as well as to make your content available to other Users and for normal operations of our website.
  • If you upload content that includes another person than yourself, you are responsible for ensuring that you have permission to use the content and that the other person depicted is at least 16 years of age. You may have to provide an age verification or a release/consent form if asked by our moderation staff.
  • We have no obligation to post content that you have uploaded if it is found to violate our Content Policy. Our content moderators have final say on which Content makes it onto flixen.com.
  • You represent that you have legitimate ownership of, or permission to use, the Contents that you offer to others on flixen.com. You may not post content that infringe the intellectual property or proprietary rights of others.

Uploaded Content Policy

Any content found on flixen.com that violates our content policy will be taken down immediately. Content uploaded may not:

  • impersonate other people, misrepresent yourself or use other Creators' content
  • copy, reproduce, distribute content that is not yours
  • engage in harassment, spamming, bullying or hate speech
  • encourage the use of drugs, firearms and weapons or related paraphernalia
  • encourage discussions of contentious current affairs issues
  • promote any other activities that violate the intended use of the website
  • Contain sexual activities

Co-authored Content

If you upload Content to your flixen.com account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise) that each individual shown in any Co-Authored Content uploaded to your account:

  • is at least 16 years old and you have verified their identity and age
  • has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
  • has consented to the Co-Authored Content in which he or she appears being posted on flixen.com and consents for the content to be viewed.

Please also note the followings:

  • If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on flixen.com. You also need to present a proof of license or consents.
  • You agree that we will only pay out Creator Earnings to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the Creators shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Creators, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator's account. If you post Co-Authored Content on your account, we require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
  • You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).

User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:

  1. you are the creator or own or control all right in and to the Content or otherwise have sufficient rights and authority to grant the rights granted herein;
  2. your Content does not and will not:
    • infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or
    • defame any other person;
  3. your Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code

Account Deletion; Content Removal requests

  • You can terminate your account and/or delete your account at any time. Similarly, we reserve the right to disable your account at any time at our sole discretion.
  • If you would like your account to be closed, you need to send us an email to support@flixen.com from your registered email address. We process your request within 24 hours and you receive an email confirmation when it is completed.
  • If you want only specific contents to be deleted from your account you can either do it yourself in your account or you can contact us at support@flixen.com and we process your request in 24 hours.
  • In case you find any content on our website on which you appear and was/were published without your consent, contact us at support@flixen.com immediately. Such contents will be removed within 24 hours and you will be contacted by email once it is completed.
  • Even if you delete your Account, we may continue to store some of your information and transactional data for compliance purposes. In some jurisdictions, the law requires us to retain this information for a specified period of time under legal statute.
  • You may not bring a claim against us for suspending or terminating your Account, a Creator's account, or another User's account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys' fees and all related costs.
  • These Terms remain in effect even if you no longer have an Account.

Uncollected earnings

Please note that after six (12) months of inactivity flixen.com may close your account and terminate this Agreement without any further notice, therefore any earnings that do not reach the payout limit and/or paid by flixen.com but not collected/accepted by you will be lost.

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