Earthflix Media Inc.

User Agreement

English

Last Revised: 23 MAY 2023

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Introduction and Greetings

Thank you for choosing Earthflix ("Earthflix"), trading name of Ecesis Group Ltd,  a corporation committed to benefiting society and earth. Our corporate headquarters is located at 128 City Road, London, United Kingdom, EC1V 2NX

Please take your time to understand these user agreement terms (“Agreement") prior to utilizing any of Earthflix's services or browsing our platform. Should you have any queries, feel free to reach us at support@earthflix.com.

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Earthflix is a dynamic media impact platform, incorporating the website, www.earthflix.com and the Earthflix iOS and Android Apps ("Earthflix Platform"), reachable through various internet-enabled devices and platforms. Earthflix associates with non-governmental organisations ("Earthflix NGO Associates"), alongside not-for-profit and profit-seeking organisations, content providers, producers, distributors, and individuals globally (collectively "Earthflix Partners") who share our mission. We extend to Earthflix members ("Members") a multitude of organisations, content, media and interactive services (collectively "Earthflix Services"), which encompasses complimentary, sponsor-backed or promotional video content, Earthflix Partners' content, images, environmental narratives, travel adventures, e-commerce products and events, amongst others (collectively "Earthflix Content"), accessible through various internet-enabled devices like computers, smartphones, TVs, and other gadgets ("Earthflix Compatible Devices"). The Earthflix Platform shares information concerning our Earthflix Partners, their operations, along with their offered products and services, and permits our Members to engage in the activities of the Earthflix Partners via interactive features and hyperlinks presented on the Earthflix Platform.

Earthflix Platform access is provided at no cost, nevertheless, to facilitate revenue generation for Earthflix, we've instituted a commercial approach inclusive of brand sponsorship incorporation ("Earthflix Sponsors").

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Throughout this Agreement, the term “Earthflix Solution”, refers to the services extended by Earthflix, which are designed to personalize our Earthflix Platform through suggestions to foster exploration and subsequent viewership of, or interaction with, any Earthflix Services, including the Earthflix Content, Earthflix Partners, Earthflix Sponsors, interactive attributes, and any additional Earthflix content, or 3rd party content, such as pertinent research references, news articles, and facts that might pique your interest. It further includes all features and functionalities, user interfaces, as well as the software related to the Earthflix Services.

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This Agreement forms a legally enforceable contract between you and Earthflix. Earthflix reserves the prerogative to alter or amend any of the terms and conditions contained in this Agreement or any policy or guidelines of Earthflix, at any given time. Any modifications will not influence the rights and/or provisions granted prior to such alterations being effected, e.g., the price for content already supplied or the processing of personal data submitted by consent without obtaining further consent. This Agreement is applicable irrespective of whether you're accessing the Earthflix Solution via an Earthflix Compatible Device or any other technology or device currently in use or discovered in the future. If you disagree with any of these terms, kindly refrain from participating in or using the Earthflix Solution, or any portion of the Earthflix Platform or Earthflix Services.

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The Earthflix Solution might incorporate and/or provide links to 3rd party websites and to content uploaded by the Earthflix Partners, including videos, images, descriptions, links and other content. Earthflix bears no responsibility or liability for the terms of use of these 3rd party websites and it's advisable to review their terms of use before exploring these 3rd party websites or viewing their content.

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This Agreement does not stipulate your rights or responsibilities concerning 3rd party content, sites or links that may reroute your browser or your connection to 3rd party content or sites, as well as any other 3rd party destinations accessible via any of the hyperlinks provided by any of our Earthflix Partners or hyperlinks featured on the Earthflix Platform.

 

Earthflix Media Inc.

Purpose and Usage

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Earthflix retains all rights, ownership, and interest in the Earthflix Platform and the Earthflix Solution, and our objective is to facilitate your easy access to our Earthflix Services, enabling you to discover all the content and features we offer. Our mission is to cultivate a positive, beneficial, and secure user experience on the Earthflix Platform. We offer our Earthflix Services purely for entertainment, informational, and/or promotional objectives. We provide our Members a non-exclusive, non-transferable, non-sublicensable limited license to utilize the Earthflix Platform for personal and non-commercial purposes only ("License"). This implies that, once you have registered as a Member, you can relish our Earthflix Services as a private individual, either at home or on the move. However, your License does not permit the use of the Earthflix Solution as part of your commercial business operations or any other commercial activities, nor does it allow you to reproduce, modify or exploit our Earthflix Platform or any of the Earthflix Content provided on the Earthflix Platform.

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Your experience with the Earthflix Platform, its functionality and features, and the quality of the display of the Earthflix Services may differ across devices and could be influenced by several factors, such as your location, the bandwidth accessible and/or the speed of your internet connection. You are responsible for all internet access fees and any supplementary costs that may occur from your use of the Earthflix Services and the Earthflix Platform. Please consult with your internet provider for details regarding possible internet data usage charges when utilizing the Earthflix Platform.

By agreeing to these terms, you commit not to: (i) transfer, copy or display any of the Earthflix Services except as permitted in this Agreement; (ii) sell, rent, lease, distribute or broadcast any rights to the Earthflix Platform; (iii) harvest or collect email addresses or other personal identification information of users from the Earthflix Platform by electronic or other means for any purpose; (iv) remove any proprietary notices or labels that are present on the Earthflix Platform; (v) attempt to disable, bypass, modify, defeat, or circumvent any digital rights management or other content protection system implemented as part of the Earthflix Platform; (vi) attempt unauthorized access to, interfere with, damage or disrupt any parts of the Earthflix Platform, the servers where the Earthflix Platform is stored and hosted, or any server, computer or database connected to the Earthflix Platform; (vii) introduce any viruses, Trojan horses, worms, logic bombs or other media or material which is malicious or technologically harmful to the Earthflix Platform and the Earthflix Services; or (viii) use the Earthflix Platform or Earthflix Services for any commercial or illegal purposes.

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Due to technical and commercial restrictions imposed by content providers, certain Earthflix Content is only accessible in specific geographic locations. The technical means by which we deliver the Earthflix Solution, the Earthflix Platform and the Earthflix Services to you may change over time and be dependent on your geographic location. In this regard, Earthflix will utilize technologies to verify your geographic location. You may not employ any technology or technique to conceal or disguise your geographic location to circumvent or bypass geographic restrictions imposed on the Earthflix Content.

This Agreement will continue to apply as long as you are a registered Member of Earthflix, and you will continue to be bound by your obligations under this Agreement, such as any indemnifications, warranties, and limitations of liability, to the extent allowed by law and subject to statutory consumer rights provisions

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If you are a Member of the Earthflix Services you will be notified when Earthflix intends to make any significant changes to the Agreement which may affect your use of the Earthflix Services. If you do not agree with any changes

 

Membership

If you reside in the United States of America, you must be 13 years or older to use the Earthflix Solution (“US Minimum Age”).

If you reside in the European Union (“EU”), and are not 16 years of age, you can only create an account if you have verifiable parental consent ("EU Minimum Age"). In this regard, if you reside in Ireland, the Data Protection Act, 2018, prescribes that the digital age of consent is 16.

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If you reside in South Africa, Australia, Canada, the Netherlands, New Zealand or the UK, you must be 18 years of age or older to become a Member of Earthflix. If you are younger than 18 years of age, then you must have the verifiable permission of a parent or legal guardian to agree to these Terms (collectively, the "General Minimum Age").

If you are younger than the US, EU or General Minimum Age or if for any reason, you do not agree with all of the Terms, please discontinue using the Earthflix Solution, or any part of the Earthflix Platform immediately because by using or attempting to use the Earthflix Platform, you certify that you are at least in compliance with the US, EU or General Minimum Age and the necessary parental consent has been obtained for you to use and access the Earthflix Solution.

In order to access the Earthflix Services you will be required to create a member account with your name, surname, email address and personal password (“Earthflix Member Account”). You may not select a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your Earthflix Member Account to anyone else. You agree to provide us with accurate, complete, and updated registration information about yourself and to keep your password confidential at all times. Your username and password are personal to you and you may not allow any other person to use your username or password under any circumstances. The use of the Earthflix Member Account is at the sole risk of the Member. You agree to immediately notify us at support@earthflix.com if you become aware of or believe that there is or may have been any unauthorized use of (or activity using) your Earthflix Member Account, including your username or password, or any other need to deactivate your Earthflix Member Account due to security concerns or compromises.

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Should you wish to deregister or deactivate your Earthflix Member Account at any time and for any reason, you can do so by logging in to your Earthflix Member Account on the Earthflix Platform and then follow the instructions to deactivate your Earthflix Member Account. If you are unable to deactivate your Earthflix Member Account by using this method, or otherwise have questions about how to deactivate your Earthflix Member Account, please contact us at either support@earthflix.com or dpo@earthflix.com. The deregistration or deactivation of the Earthflix Member Account does not remove Earthflix's ability to claim payment of outstanding debts that are due and payable by the Member.

We may terminate your use of and registration to your Earthflix Member Account at any time for a breach of these Terms, or on such other basis, depending on the type of Earthflix Service that you subscribe for, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party, to the extent permitted by law and subject to statutory consumer rights provisions. In the appropriate and/or required circumstances, refunds will be provided by Earthflix. See in this regard our Privacy Policy for more information about deactivation or termination of the Earthflix Member Accounts by parents or legal guardians if you have not yet reached the US, EU, or General Minimum Age in the country in which you reside, as set out above.

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Copyright and Trademarks

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Earthflix Network Trademarks

All intellectual property rights, title and interest vested in the Earthflix Platform and the Earthflix Solution are either our property or have been licensed to us by third parties. The Earthflix name and logo are registered trademarks and any other service name or slogan contained in the Earthflix Platform and the Earthflix Solution are trademarks of Earthflix, the Earthflix Partners, licensors or other respective intellectual property owners and may not be copied, imitated or used, in whole or in part, without the prior written permission of Earthflix or the applicable trademark proprietor. The look and feel of the Earthflix Platform and the Earthflix Solution, including all page headers, custom graphics, button icons and scripts are the trademarks of either Earthflix or any of the Earthflix Partners and licensors.

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Any reference to Earthflix, the Earthflix Solution, or any part of the Earthflix Platform, Earthflix Services, Earthflix Partners, Earthflix Content, Earthflix Sponsors or references to any products, services or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply the endorsement, sponsorship or recommendation thereof by us.

 

User-Generated Content

Earthflix may offer interactive features that allow you to, submit or post content and materials for publication on the Earthflix Platform, including your comments, pictures, videos, and other personal information (collectively, "User-Generated Content"). You may be required to have an Earthflix Member Account and be logged onto your Earthflix Member Account to submit User-Generated Content. Your User-Generated Content can be seen by others and is not confidential or private.

You agree that your User-Generated Content will comply with Earthflix Community Guidelines and these Terms of Use. You further agree that you will not post, transmit, or share User-Generated Content on the Earthflix Platform that you did not create or that you do not have permission to post. You understand and agree that Earthflix may, but is not obligated to, review and delete or remove (without notice) any User-Generated Content in its sole discretion, for any reason or no reason, including without limitation User-Generated Content that in Earthflix's own discretion violates these Terms of Use or Earthflix Community Guidelines.

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You are solely responsible at your sole cost and expense for creating backup copies and replacing any User-Generated Content you post or store on the Earthflix Platform or provide to Earthflix.

When you post User-Generated Content to the Earthflix Platform, you give Earthflix and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User-Generated Content throughout the world in any media, on or off the Earthflix Platform, including without limitation for promoting and redistributing part or all of the Earthflix Platform (and derivative works thereof) in any media formats and through any media channels. You grant Earthflix and its affiliates and sublicensees the right to use any name that you submit in connection with such content, if they choose.

You represent and warrant that (a) you own and control all of the rights to the User-Generated Content that you post or you otherwise have the right to post such User-Generated Content to the Earthflix Platform and to grant the rights granted herein; (b) the User-Generated Content is accurate and not misleading; and (c) use and posting of the User-Generated Content you supply does not violate these Terms of Use, Earthflix Community Guidelines and will not violate any rights of or cause injury to any person or entity.

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Liability Limitation

You expressly understand and agree that to the fullest extent permitted by applicable law, Earthflix and its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Earthflix has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Earthflix Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Earthflix Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Earthflix Service; or (e) any other matter relating to the Earthflix Service.

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Notwithstanding anything to the contrary contained herein, Earthflix's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Earthflix for the Earthflix Service during the term of your membership.

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Indemnity

You agree to indemnify and hold Earthflix and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Earthflix Service, your use of the Earthflix Service, your connection to the Earthflix Service, your violation of these Terms of Use, or your violation of any rights of another.

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Termination

Earthflix may terminate your Earthflix Member Account, delete your profile and any content or information that you have posted on the Earthflix Platform and/or prohibit you from using or accessing the Earthflix Service (or any portion, aspect or feature of the Earthflix Service) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13.

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General Provisions

These Terms of Use constitute the entire agreement between you and Earthflix and govern your use of the Earthflix Service, superseding any prior agreements between you and Earthflix with respect to the Earthflix Service. These Terms of Use will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration (as set forth below), you and Earthflix agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Earthflix to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that your Earthflix account is non-transferable and any rights to your Earthflix Member Account or contents within your account terminate upon your death. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

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Dispute Resolution

You agree that any dispute between you and Earthflix arising out of or relating to these Terms of Use, the Earthflix Service, or any other Earthflix products or services (collectively, "Disputes") will be governed by the arbitration procedure outlined below.

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Governing Law: Except for the prohibition against class and representative actions and disputes brought in small claims court (as set forth below), the laws of the State of California, without regard to principles of conflicts of law, will govern these Terms of Use and any Disputes.

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Informal Resolution: Before filing a claim against Earthflix, you agree to try to resolve the Dispute informally by contacting legal@earthflix.com. Earthflix will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Earthflix may bring a formal proceeding.

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You and Earthflix agree to resolve any Disputes through final and binding arbitration, except as set forth under exceptions to agreement to arbitrate below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in San Francisco, California, or any other location both parties agree to in writing.

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Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Exceptions to Agreement to Arbitrate: Either you or Earthflix may assert claims, if they qualify, in small claims court in San Francisco, California. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Earthflix Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

NO CLASS ACTIONS: You may only resolve disputes with Earthflix on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

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Changes

Earthflix may, in its sole discretion, modify or update these Terms of Use from time to time, and so you should review this page periodically. When we change the Terms of Use in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Earthflix Platform after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these Terms of Use or any future Terms of Use, do not use or access (or continue to access) the Earthflix Platform.

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These terms were last updated on 20-05-2023.

Questions?

If you have any questions about these Terms of Use, please contact Earthflix at legal@earthflix.com.

 

Marketing and Promotional Communications

During your registration as a Member, you might choose to allow EarthFlix to contact you. If you grant us this permission, EarthFlix may send you promotional communications or other electronic messages, including emails, newsletters, marketing initiatives, and push notifications. These messages may encompass information regarding various EarthFlix services, detailed particulars about EarthFlix Sponsors, EarthFlix Partners, EarthFlix Content, and could be recurring, implying that we'll continue to reach out until you unsubscribe. To unsubscribe, you can use the link provided in our emails, email us at support@earthflix.com or dpo@earthflix.com, or follow other provided methods.

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Miscellaneous

Disclaimer of Warranties

While EarthFlix Services are rendered with a reasonable level of proficiency and care, it's important to note that in compliance with the applicable law and in consideration of statutory consumer rights provisions, the EarthFlix offerings – encompassing videos, images, text, and any form of content presented on the EarthFlix platform – are provided "as is." EarthFlix does not make any warranties of any kind or declare that any segment of the EarthFlix platform or EarthFlix Content will be precise, complete, or free from errors. EarthFlix holds no liability for the usage, implementation, implications, or communication of ideas represented in any EarthFlix Services or EarthFlix Content.

In specific jurisdictions, laws might imply warranties, guarantees, or conditions, or impose obligations that can't be fully excluded, restricted, or modified. These Terms should be interpreted in compliance with those statutory provisions.

 

Release and Indemnity

In accordance with the law and subject to statutory consumer rights provisions, you consent to absolve and renounce any and all claims and/or liabilities against EarthFlix stemming from your association with or usage of the EarthFlix platform, including but not limited to, the use of any EarthFlix Services or EarthFlix Content. Furthermore, you agree to protect, indemnify, and hold harmless EarthFlix, its parent organization, shareholders, officers, directors, employees, and third-party licensors against any and all claims, damages, obligations, losses, liabilities (including attorney fees), arising from:

(i) your use of and access to any of the EarthFlix Services on any of the supported devices and platforms,

(ii) your violation of any of these Terms, and

(iii) your infringement of any third-party right, including but not limited to any copyright or privacy rights related to the EarthFlix platform and the EarthFlix Solution.

Some jurisdictions may have legislation that imposes non-waivable obligations. These Terms should be read in compliance with those statutory provisions.

 

Limitation of Liability

Except as stated in this section and to the maximum extent permitted by law, and subject to statutory consumer rights provisions, EarthFlix or its shareholders, parent organization, officers, directors, employees, partners, or licensors shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages resulting from your access, use, or inability to use the EarthFlix platform, the EarthFlix Solution, or EarthFlix Services. This includes, but is not limited to, reliance on information, interruptions, errors, defects, omissions, deletion of files, delays in operation, non-delivery of information, disclosure of communications, or any other failure of performance.

Certain jurisdictions may have legislation that imposes non-waivable obligations. These Terms should be read in compliance with those statutory provisions.

 

Waiver and Severability

No waiver of these Terms by EarthFlix shall be considered as a further or continuing waiver of any term or any other term. Any failure of EarthFlix to assert a right under these Terms doesn't constitute a waiver of such right. If any provision of these Terms is deemed invalid, illegal, or unenforceable by a competent court, such provision shall be amended, eliminated or limited to the minimum extent such that the remaining provisions of the Terms continue in full force and effect.

 

Termination

We reserve the right to terminate your access to the EarthFlix platform and the EarthFlix Solution, including any part of the EarthFlix Services, without notice, unless required by applicable law. If you violate any of these Terms, your rights under these Terms will automatically terminate without notice, and EarthFlix may revoke your access to the EarthFlix platform, the EarthFlix Solution, and any EarthFlix Services without refund of any fees. Any "unused" sums will be refunded upon termination.

 

EarthFlix Content and Age Restrictions

At EarthFlix, our goal is to provide family-friendly content. We internally classify all EarthFlix video content with parental guidance classifications. By using the EarthFlix platform and EarthFlix Services, you may encounter content that may be sensitive for some viewers or Members. However, you agree to use the EarthFlix platform and EarthFlix Services at your own risk, and EarthFlix holds no liability for any EarthFlix Services, or EarthFlix Content presented on the EarthFlix platform. Content types, genres, categories, and descriptions are provided for convenience, and EarthFlix does not guarantee their accuracy.

 

Unsolicited Materials

EarthFlix does not accept unsolicited materials or ideas for EarthFlix content, and is not responsible for any similarity of its content or programming in any media to materials or ideas transmitted to EarthFlix.

 

Binding Agreement

By using the EarthFlix platform, the EarthFlix Solution, and EarthFlix Services you agree to be bound by these Terms. These Terms constitute the entire agreement between our Members and replace all previous understandings, agreements, representations and warranties, both written and oral, regarding the EarthFlix platform, the EarthFlix Solution, and the EarthFlix Services. These Terms are governed by the laws of the Netherlands, without regard to conflict of laws principles.

For consumers residing in the European Union, we inform you about your rights concerning extrajudicial dispute settlements as per Article 14 of Regulation (EU) No 524/2013 (Regulation on consumer ODR).

 

Detailed information can be found in the aforementioned Regulation on consumer ODR and at: http://ec.europa.eu/consumers/odr.

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For residents in the United States, you explicitly agree: (i) to waive any rights to institute class action proceedings; and (ii) that disputes will be litigated and/or resolved by such other dispute resolution mechanism exclusively in the Netherlands.

Contact Information and Customer Support

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For communications concerning these Terms, please contact EarthFlix at support@earthflix.com.