TERMS OF SERVICE



BRAVOFLIX IS A SERVICE (REFERRED TO AS THE “SERVICE”). USE OF THE BRAVOFLIX WEBSITE IS SUBJECT TO THESE TERMS OF SERVICE. PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF SERVICE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE.

These Terms of Service disclose the legal agreement (the “Agreement”) between Bravoflix and you which governs your use of the Bravoflix website (referred to in this notice as the “Website” and located at www.bravoflix.com). Bravoflix, as a company (referred to as “us” or “we” or the “Company”), endeavors to bring you the premiere online arts and culture experience, and is committed to protecting your rights as the user of the Website. Please read the following to learn our policies in regard to how you (“you”, “your”, “yourself”, “Patron”, or “Subscriber”) may engage and interact with the Website. If you have any questions about our Terms of Service, please email us or use the GetSatisfaction FEEDBACK tab on the right side of this webpage.


1. Changes to the Service and/or Terms of Service

A. We reserve the right to modify our Terms of Service at any time, so please review it frequently. If we decide to make a material change to the Terms of Service, we will post those changes to this notice, link to them from the Website’s home page, and post them other places we determine are appropriate, and that are plainly visible or readily accessible to you, so that you may stay aware of the changes. B. Bravoflix may change, suspend, or discontinue all or any part of the Service at any time, with or without reason. You acknowledge that the operation of the Service may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without errors, and Bravoflix shall not be responsible to you or others for any such interruptions, errors, problems, or an outright discontinuance of the Service.


2. Registration

A. You agree to provide us with current, complete, and accurate registration information for the Service and to maintain and properly update such information (your “Profile") as prompted by the Service registration process, or as requested via an administrative communication from us. B. You further agree that, in providing your Profile information, you will not knowingly omit or misrepresent any material facts or information, and that you will promptly enter corrected or updated Profile information via the Website, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify the data in your Profile as required for your use of and access to the Service.

B. Once you subscribe to the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to as "IDs"). You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances.

C. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.


3. Payment Terms

A. You can elect to become a Subscriber of the premium Service by paying a monthly fee. As long as you are a Subscriber of Bravoflix, you are granted a right to use the premium Service, subject to the restrictions set forth in this Agreement and any other restrictions stipulated by us to you in writing.

B. By selecting and utilizing all the rights and priviliges of access enjoyed by a Subscriber to the Bravoflix premium Service, you agree to pay for the Service in accordance with our service fees, and to pay the fees until you cancel your account with Bravoflix.

C. Payment of the service fees for premium access to the Service must be made in advance of each month for which you are a Subscriber.

D. Monthly charges for the Service will be at the rates set forth by your chosen Service type and agreed upon by you in the registration process. Such charges may be modified by Bravoflix upon 30 days prior written notice.

E. Payments for each month’s use of the Service will be deducted from your authorized credit card in advance of each month of Service access. Fees for access as described in this Agreement and in any schedule, exhibit or related agreement hereto, are exclusive of taxes and other fees which may be imposed on Bravoflix or you for the provision or use of the Service. You will be responsible for such taxes and other fees, if any.


4. Auto-Renewal

A. Subscriptions purchased are auto-renewed at the end of the subscription term. You will not receive renewal reminders prior to being charged for such renewals.

B. In the event that Bravoflix is unable to process your credit card payment, we reserve the right to terminate your access to the Bravoflix website without prior notice. If this happens to you, please contact help@bravoflix.com to update your information and restore the Service.


5. Cancellation / Account Termination

A. You can terminate your account at any time and for any reason. Bravoflix reserves the right, in its sole discretion, to terminate your account if you violate this Agreement, or for any other reason it deems necessary.

B. Should you object to any part of these Terms of Service, or any subsequent modifications, or if you become dissatisfied with Bravoflix in any way, you agree that your sole recourse is to immediately discontinue your use of the Bravoflix Website, and to terminate your subscription by notifying Bravoflix in writing at POB 515381, #25450, Los Angeles, CA 90051-6681. You may also cancel your subscription via e-mail at help@bravoflix.com.

C. Your cancellation request must contain the following:

  • Your full name
  • Your user name
  • Your e-mail address
  • Your phone number
  • The reason you are canceling

  • D. Upon cancellation of service, fees paid for the month in advance will not be prorated or refunded, but you will be permitted to access the site for the full month for which you already paid. Bravoflix requires you to cancel at least 10 business days prior to your billing date in order to stop your automatically scheduled payment for the following month’s service from occurring.

    E. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us, including without limitation, any dispute related to or arising out of:

  • any terms or provisions within the Terms of Service or our enforcement or application of the Terms of Service
  • any practice or policy of Bravoflix or its enforcement or application of said practice or policy
  • content available through this Website or any change in content provided through the Website
  • your ability to access and/or use the Bravoflix website or services
  • the amount or types of fees or charges, including surcharges or applicable taxes, as well as billing methods, or any change to our fees or charges, applicable taxes, or billing methods


  • F. Upon cancellation or termination of your subsciption, we may immediately deactivate your Subscriber account and/or Profile and deny you access to all related information and files in your account, the Website, or other related services.


    6. Service Use and Limitations

    We will make reasonable efforts to keep the Service operational 24 hours a day, 7 days a week, except for: (i) planned downtime and scheduled maintenance periods; and/or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.


    7. Proprietary Rights

    A. The Service contains content and technology of the Company that is protected by copyright, trademark, patent, trade secret and other laws. Bravoflix owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Company Property”). You may not copy, modify, or reverse engineer any part of the Service owned by Bravoflix or the licensors of its Content.

    B. Subject to the terms and conditions hereof, Bravoflix hereby grants you a limited, revocable, nonsublicensable license to display the Company Property (excluding any software code) solely for personal, non-commercial use in connection with viewing the Service or other uses which are expressly permitted by Bravoflix in writing. Notwithstanding such permitted uses and license, you acknowledge that all derivative designs and artwork which utilize the Service’s logo or other Company Property (collectively, “Derivative Works”) are the sole property of the Company. No other rights are granted to you with respect to the Company Property other than those rights granted explicitly herein, including with respect to any Derivative Works.

    C. Any text, images, or other audiovisual information (collectively, “Content”) posted on the Service shall belong to the person that posted such Content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.

    D. In order to operate the Service, Bravoflix needs the right to make certain uses of Content publically posted by Patrons and Subscribers. Therefore, when you post Content on the Service as a Patron or Subscriber, you agree to grant to Bravoflix an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, publicly display, publicly perform and make derivative works of your Content on the Service, and on services affiliated with the Service, regardless of the form of media used or of whether such media and its means of delivery now exist or are developed in the future. By posting Content to the Service, you hereby represent and warrant that you have the right to post that Content and to grant the foregoing rights to Bravoflix.

    E. Bravoflix reserves the right to remove any Content from the service, at its sole discretion.

    F. Bravoflix respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to our Company's copyright agent:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  • a description of the copyrighted work or other intellectual property that you claim has been infringed
  • a description of where the material that you claim is infringing is located on the site
  • your address, telephone number, and email address
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf


  • G. The Company's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

    Sean Bradley
    Bravoflix
    8605 Santa Monica Blvd., #25450
    Los Angeles, California 90069

    via phone
    213-925-8598

    via email
    sean@bravoflix.com


    8. Privacy
    Our collection of information from you, if any, is subject to our Privacy Policy, which is available at http://bravoflix.com/privacy.html. You understand that, through your use of the Service, you consent to the collection and use (as set forth in the Privacy Policy) of your information.


    9. Disclaimer of Warranties

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRAVOFLIX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    BRAVOFLIX MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR (IV) THAT THE SERVICE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRAVOFLIX MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES. ANY MATERIAL VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE VIEWING OR USE OF ANY SUCH MATERIAL. YOU UNDERSTAND THAT IN USING THE SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER BRAVOFLIX’S CONTROL (SUCH AS A THIRD PARTY SERVERS). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.


    10. Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRAVOFLIX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


    11. Indemnification

    EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS OF THE PARTIES SET OUT HEREIN, IN NO EVENT SHALL EITHER PARTY'S LIABILITY EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY YOU UNDER THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.


    12. Miscellaneous

    This Terms of Service Agreement constitutes the entire agreement between you and Bravoflix and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.

    Bravoflix may assign these Terms of Service in whole or part at any time.

    Any failure of Bravoflix to enforce or exercise a right provided in these terms is not a waiver of that right. Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply. The Terms of Service and the relationship between you and Bravoflix shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Bravoflix agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles California.

    You and Bravoflix both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms of Service, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.


    Contacting Us

    Whether you’re a new or loyal patron, we’re here to provide you with the highest level of service available on the web. Feel free to contact us for any reason.

    via postal mail
    Bravoflix
    POB 515381, #25450
    Los Angeles, CA 90051-6681

    via the internet
    help@bravoflix.com
    or use the Bravochat tab on the right side of this webpage to contact Bravoflix staff live when available online.

    via phone or fax
    Phone: 213-925-8598
    Fax: 213-226-4646