Terms of Use
You should read and understand the terms of use as detailed and and listed below, as they govern your use of our service.
Acceptance of Terms of Use
These Terms of Use, which include our Privacy Policy, govern your use of the Influx Magazine & Entertainment News service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the “Influx Magazine & Entertainment News service” or “service” or “Influx Magazine”). By using, visiting, or browsing the Influx Magazine service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Influx Magazine service, including our website and user interfaces.
These Terms of Use govern your use of the Influx Magazine & Entertainment News service and you should read them carefully. The Influx Magazine & Entertainment News service is provided by SoCal Entertainment and Media company, or one of its affiliated companies. The SoCal Entertainment and Media company that is providing the service to you (referred to as “Influx Magazine & Entertainment News ” in these Terms of Use) and with whom you are entering into this agreement, depends on the country from which you sign up for the Influx Magazine service.
Changes to Terms of Use
Influx Magazine & Entertainment News reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on “Terms of Use” located at the bottom of the pages of the Influx Magazine & Entertainment News website. The most current version of the Terms of Use will supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Use are updated. You can see changes from previous versions of the Terms of Use that we have posted by visiting our website and clicking here once posted.
Privacy and Communications Preferences
Any personally identifying information submitted through the Influx Magazine & Entertainment News service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using our service, you are consenting to receive certain communications from us. For example, Influx Magazine & Entertainment News may send you newsletters about new Influx Magazine & Entertainment News features, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there.
By using the Influx Magazine & Entertainment News service, you consent to receiving electronic communications from Influx Magazine. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Influx Magazine & Entertainment News and you receive them as part of the Influx Magazine & Entertainment News membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Membership and Billing (if applicable)
Free Trials
Your Influx Magazine & Entertainment News membership may start with a free trial. The free trial period of your membership lasts for seven days, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. If you or another member of your household has been an Influx Magazine & Entertainment News member within the last 12 months, you are not eligible to receive a free trial. You must have Internet access and a current valid credit card or debit card, or other accepted payment method (“Payment Method”) to use our service.
We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE “YOUR ACCOUNT” LINK AT THE TOP OF ANY INFLUX MAGAZINE & Entertainment News WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.
We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See “Billing” below).
Billing (if applicable)
By starting your Influx Magazine & Entertainment News membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Influx Magazine service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your Influx Magazine membership or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the Influx Magazine & Entertainment News website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Ongoing Membership (if available)
Your Influx Magazine & Entertainment News membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
Cancellation
You may cancel your Influx Magazine & Entertainment News membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, visit our website and click on “Cancel Membership” on the “Your Account” page and follow the instructions for cancellation under the heading “Cancel Membership.”
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Streaming Video (if provided)
Influx Magazine & Entertainment News is an online subscription service providing its members with access to movies & TV shows streaming over the Internet to Influx Magazine & Entertainment News ready devices.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
Availability. The availability of movies & TV shows to instantly watch will change from time to time. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.
Personal Computer Requirements and Device Limitations: To enjoy watching instantly via your personal computer, your equipment must satisfy certain system requirements. The number of devices and concurrent streams may change without notice to you. For certain limited membership plans in the United States, your available Influx Magazine & Entertainment News ready device may be limited to personal computers.
Geographic Limitation: You may instantly watch a movie or TV show through the Influx Magazine & Entertainment News service only in geographic locations where we offer our service. The content that may be available to watch will vary by geographic location. Influx Magazine & Entertainment News will use technologies to verify your geographic location.
Influx Magazine & Entertainment News streaming software: Influx Magazine & Entertainment News streaming software is developed by, or for, Influx Magazine & Entertainment News and is designed to enable instant streaming of content from Influx Magazine & Entertainment News through Influx Magazine & Entertainment News ready devices. This software may vary by device and medium, and functionalities may also differ between devices. For example, this software may be embedded in an Influx Magazine ready device or we may offer this software to be downloaded onto a device such as the Apple iPad, or the software may also be available on an optical media disc to be inserted into disc drives of certain devices. This software is licensed to you by Influx Magazine & Entertainment News pursuant to these Terms of Use and solely for the purpose of using the Influx Magazine & Entertainment News service and for no other purpose whatsoever. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and Influx Magazine & Entertainment News reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Influx Magazine & Entertainment News service through such software at any time, without prior or any notice.
We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. In addition, Influx Magazine & Entertainment News ready devices are manufactured and sold by entities other than Influx Magazine & Entertainment News . An Influx Magazine & Entertainment News ready device is any electronics equipment that is authorized to decode and capable of decoding movies & TV shows that are transmitted over the Internet by Influx Magazine & Entertainment News . These devices may include mobile devices, stand alone set-top boxes, Internet connected Blu-ray DVD players, Internet-connected HDTVs, and game consoles. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Influx Magazine & Entertainment News service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.
In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all movies &TV shows may not be watched, or may cease to be available for watching instantly, through our service on some Influx Magazine & Entertainment News ready devices.
Features & Functionality
Member Reviews
We permit you to post reviews of movies &TV shows available through the Influx Magazine & Entertainment News service. We do not regularly review the content posted on the Influx Magazine & Entertainment News website; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movie’s or TV show’s creative personnel; misleading information regarding the origin of the content; or a discussion of Influx Magazine & Entertainment News policies or services. Please click on the “Reviews” link that appears on the Influx Magazine & Entertainment News website for a link to guidelines for writing and posting member reviews. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.
WHEN YOU HAVE SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATING OF MOVIES & TV SHOWS AND YOUR CITY AND COUNTRY LOCATION GIVEN AT SIGN UP. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF A MOVIE OR TV SHOW, AND YOUR CITY AND COUNTRY TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE INFLUX MAGAZINE & ENTERTAINMENT NEWS SERVICE. IF YOU DO NOT WANT YOUR REVIEWS, CITY AND COUNTRY TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW FEATURE.
In addition, photos or images that you choose to post to your profile must be owned entirely by you and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. Like the content of your review itself, you understand and agree that we may, but are not obligated to, review any photos, images or pseudonyms you create and may delete or remove them (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.
If you no longer wish to have your reviews publicly posted, you may delete them.
Use of the Reviews feature is for your personal, non-commercial use and is at your own option and risk.
The Reviews feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
Passwords
The member who created the Influx Magazine & Entertainment News account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Influx Magazine & Entertainment News account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Influx Magazine & Entertainment News Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g.,, last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account.
BY SHARING THE INFLUX MAGAZINE & ENTERTAINMENT NEWS SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
Parental Controls
Tthe Influx Magazine & Entertainment News service is not intended to be used by children without involvement, supervision, and approval of a parent or legal guardian.
Applications
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Influx Magazine & Entertainment News service. These Applications may import data related to your Influx Magazine & Entertainment News account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Influx Magazine is not responsible for and does not endorse the content of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY INFLUX MAGAZINE & ENTERTAINMENT NEWS AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. Some of these Applications may even use Influx Magazine & Entertainment News trademarks. Unless otherwise noted by Influx Magazine & Entertainment News on the Influx Magazine & Entertainment News website, Influx Magazine & Entertainment News is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your Influx Magazine & Entertainment News account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Influx Magazine & Entertainment News account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Influx Magazine & Entertainment News has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold Influx Magazine harmless for the sharing of information relating to your Influx Magazine account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your Influx Magazine & Entertainment News account information with, through or by any other means identified on an Application. In addition, the Application’s end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application’s access to your Influx Magazine account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Influx Magazine, unless otherwise indicated by Influx Magazine. INFLUX MAGAZINE & ENTERTAINMENT NEWS DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the Influx Magazine & Entertainment News service, Influx Magazine & Entertainment News implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Influx Magazine & Entertainment News service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Influx Magazine & Entertainment News ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions.
If you find that you’re a victim of identity theft and it involves an Influx Magazine & Entertainment News account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Influx Magazine website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Influx Magazine & Entertainment News reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Influx Magazine & Entertainment News is not obligated to credit or discount a membership for holds placed on the account by either a representative of Influx Magazine or by the automated processes of Influx Magazine & Entertainment News .
Disclaimers of Warranties and Limitations on Liability
THE INFLUX MAGAZINE SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE INFLUX MAGAZINE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE INFLUX MAGAZINE SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. INFLUX MAGAZINE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE INFLUX MAGAZINE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT INFLUX MAGAZINE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE INFLUX MAGAZINE SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. INFLUX MAGAZINE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, INFLUX MAGAZINE READY DEVICES, AND INFLUX MAGAZINE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Influx Magazine service or on the Influx Magazine website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Influx Magazine service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Influx Magazine website, user interfaces, or otherwise through the Influx Magazine service; and (vii) any losses or damages arising from the use of the content provided on the Influx Magazine website, user interfaces, or otherwise through the Influx Magazine service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the Influx Magazine service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies &TV shows from the Influx Magazine service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not represent or guarantee that your use of the Influx Magazine service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Influx Magazine or its affiliated parties.
IN NO EVENT SHALL INFLUX MAGAZINE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFLUX MAGAZINE SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE INFLUX MAGAZINE SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE INFLUX MAGAZINE SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
INFLUX MAGAZINE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING INFLUX MAGAZINE READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service.
Intellectual Property
Copyright
The Influx Magazine & Entertainment News service, including all content included on the Influx Magazine & Entertainment News website and user interfaces, or delivered to members as part of the service, including, but not limited to, movies & TV shows you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Influx Magazine & Entertainment News or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Influx Magazine & Entertainment News on our website and user interfaces, or in connection with the Influx Magazine & Entertainment News service are the exclusive property of Influx Magazine and its licensors and are protected by the copyright and trade secret laws in the territories in which the Influx Magazine & Entertainment News service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Influx Magazine & Entertainment News or its licensors. You agree to adhere to the restrictions set forth under “Influx Magazine & Entertainment News streaming software” and “Limitations on Use.” You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Influx Magazine & Entertainment News service, not to insert any code or product or manipulate the content of the Influx Magazine service in any way, and not to use any data mining, data gathering or extraction method. Influx Magazine reserves the right to terminate your membership hereunder if Influx Magazine & Entertainment News , in its sole and absolute discretion, believes that you are in violation of Influx Magazine & Entertainment News software restrictions, restrictions against copying movies & TV shows provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of Influx Magazine and its licensors. Influx Magazine & Entertainment News does not promote, foster or condone the copying of movies &TV shows or any other infringing activity. The use of the Influx Magazine service, including movies &TV shows made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Influx Magazine & Entertainment News service, including any on the Influx Magazine & Entertainment News website and user interfaces.
Trademarks
Influx Magazine is a trademark of SoCal Entertainment and Media Company. The Influx Magazine logo, Influx Magazine.com, and SoCal Film Festival are trademarks or service marks of Influx Magazine. The Influx Magazine website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Influx Magazine, Inc. The trademarks, service marks and trade dress of Influx Magazine may not be used or reproduced without prior written approval from Influx Magazine and may not be used in connection with any product or service that is not affiliated with Influx Magazine, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Influx Magazine, or in any manner that disparages or discredits Influx Magazine. Other trademarks that appear on the Influx Magazine website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Influx Magazine. Any images of persons or personalities contained on the Influx Magazine website and user interfaces are not an indication or endorsement of Influx Magazine or any particular product or our service unless otherwise indicated.
Entertainment and Service Content
We distribute articles, writing, creative media, movies, television, and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Influx Magazine service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Influx Magazine service are those of the respective authors or producers and not of Influx Magazine, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Influx Magazine, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Influx Magazine service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Influx Magazine service.
Use of Information Submitted
Influx Magazine is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Influx Magazine service, including the Influx Magazine website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Influx Magazine service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Influx Magazine does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Influx Magazine. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Influx Magazine and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Service Testing
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies &TV shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Customer Service
If you need assistance with your account, you may find answers and reach Customer Service, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service representative.
In certain instances, Customer Service may best be able to assist you by using a remote access support tool, which will enable us to interact directly with your account. We provide such support service only with your permission and in your presence (via phone and Internet connection). During the time we are providing you with remote access support service, we have full access to your desktop. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will do our best to assist you through other means. The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool. We may utilize the services of third parties in providing you customer service support.
Your Conduct in Accessing the Influx Magazine & Entertainment News Service
By accessing the Influx Magazine & Entertainment News service, including the Influx Magazine & Entertainment News website and user interfaces, you agree to use the Influx Magazine & Entertainment News service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Influx Magazine service. You also agree not to interfere with the servers or networks connected to any portions of the Influx Magazine service or to violate any of the procedures, policies or regulations of networks connected to the Influx Magazine service. You also agree not to impersonate any other person while using the Influx Magazine service, conduct yourself in a vulgar or offensive manner while using the Influx Magazine service, or use the Influx Magazine service for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to become a member of the Influx Magazine & Entertainment News service, or have the permission of a parent or guardian over the age of 18. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use. While Influx Magazine does distribute products that may be watched by children, the Influx Magazine service is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian. Unless otherwise specified, the Influx Magazine service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the Influx Magazine service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Influx Magazine service, without our express written consent. Influx Magazine does not promote, foster or condone the copying of movies & TV Shows, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Influx Magazine service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Influx Magazine without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the Influx Magazine name or trademarks without our express written consent. Any unauthorized use of the Influx Magazine service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.
Links and Pages
Some of the hyperlinks on the Influx Magazine website may lead to other websites or other content that are not controlled by, or affiliated with, Influx Magazine. In addition, other websites may link to the Influx Magazine website or Influx Magazine may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Influx Magazine may include pages that display and provide information on Applications, Influx Magazine ready devices or other products. These pages may provide links to third party sites where Influx Magazine members may obtain or purchase such Applications and devices. Influx Magazine has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that Influx Magazine is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use.
Gifts & Promotions
Promotional codes may be redeemed on our website at www.Influx Magazine.com/code. Promotional code can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including free trial. A valid Payment Method may be required when you redeem the promotion code; however, you will not be charged a membership fee during your complimentary membership period. Influx Magazine & Entertainment News will begin to bill your Payment Method for membership plan you are on at the end of your complimentary membership period unless you cancel prior to the end of that period. If you are already an Influx Magazine member, you may be able to apply the value of the promotion code toward your existing Influx Magazine monthly membership. If you received a promotion code through an offer by a third party, additional restrictions may apply.
Claims of Copyright Infringement
It is the policy of Influx Magazine & Entertainment News to respect the intellectual property rights of others. Influx Magazine & Entertainment News does not condone the unauthorized reproduction or distribution of movies, TV shows, or other copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Influx Magazine & Entertainment News service, please notify us here.
Please note that we will not be able to respond to customer service or other unrelated issues submitted through the copyright claims form above. For queries that are not related to copyright matters, please see other way to contact us.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
Arbitration Agreement
You and Influx Magazine & Entertainment News agree that any dispute, claim or controversy arising out of or relating in any way to the Influx Magazine & Entertainment News service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Influx Magazine are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Influx Magazine membership.
If you elect to seek arbitration, you must first send to Influx Magazine, by certified mail, a written Notice of your claim (“Notice”). The Notice to Influx Magazine should be addressed to: General Counsel, Influx Magazine, 10744 Beach BLvd. #221, Huntington Beach, CA 92648 (“Notice Address”). If Influx Magazine elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by Influx Magazine, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Influx Magazine and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Influx Magazine may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Influx Magazine or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Influx Magazine receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Influx Magazine and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Influx Magazine’s last written settlement offer made before an arbitrator was selected (or if Influx Magazine did not make a settlement offer before an arbitrator was selected), then Influx Magazine will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND INFLUX MAGAZINE & ENTERTAINMENT NEWS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Influx Magazine & Entertainment News agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Updated: January 22, 2021
