TERMS OF USE / TERMS AND LEGAL CONDITIONS

Welcome to Miniflix!

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND USING THE MINIFLIX MOBILE APPLICATION AND OR WEBSITE (hereinafter referred as “We”, “Our”, “Miniflix” or “Miniflix Service”) provides a selection of films, series and other content (collectively, the “Content”), Miniflix.in (the “Website”), mobile applications (the “App”) and television applications (collectively, the “Miniflix Service”, “Service(s)”). By using and accessing our Miniflix Service, you (hereinafter referred as “You”, “User(s)”, “Your(s)”, or “End User”) agree to these Terms of Use (hereinafter referred as the “Terms of Use”, “Terms and Conditions” or “Agreement”). In case You are an organisation, You represent and warrant that You have the authority to legally bind Your organization and Your Organization will be bound by the obligations and restrictions of this Agreement. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. Do not continue to use Miniflix Service if You do not agree to take all of the Terms and Conditions stated on this page.

These Terms and Conditions outline the rules and regulations for the use of Miniflix Service. By accessing Our Miniflix Service, We assume You accept these Terms of Use. Any changes to this policy will be posted on this page. By accessing Our Website or App after such changes are posted, You indicate Your acceptance of the revised policy. You should check this page regularly to ensure You are always aware of Our Terms and Conditions.

Miniflix does not guarantee the accuracy, reliability or continuity of any of the information on this Website (or) App. The content and services offered on Miniflix are for general purposes only and are not intended to address your individual requirements.

This document is an electronic record, and is deemed electronically executed on opening, accessing, or using Our Website (or) App and is legally binding and does not require any physical or digital signatures. This Terms of Use was last updated on August 10, 2020.

ELIGIBILITY

The Website (or) App is intended for use by a User, who is an individual or business entity/organization that legally operates in the India or in other countries. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, those who are considered minors per their domestic laws not eligible to use Our Services. We reserve the right to refuse the Service to anyone at any time.

COPYRIGHT AND STREAMING POLICY

Unless otherwise stated, Miniflix and/or the Content creators of their respective films own the intellectual property rights for all material on Miniflix.

Films featured on Our site remain the intellectual property of their creators. However, by submitting a film, you agree to its publication on our site and reproduction in other publications produced by Miniflix.

Miniflix showcases the best short films and web series in the world from talented filmmakers today. Filmmakers can submit their films on Our Website (or) App. Simultaneously Our curation team scouts for best rated short films on the internet. Miniflix accepts no responsibility for the information and/or content provided on any of Our winners’ Films.

EVALUATION

By submitting a film to Miniflix, you confirm that you have read and accept the following and agree to accept the outcome of the vote in accordance with our evaluation system and criteria as outlined below.

Our intention is to be fair when evaluating each film submitted to Miniflix, so we’ve created an evaluation system based on 6 criteria: Story, Screenplay, Direction, Editing, Production and Performances.

VOTING

When visitor or logged in user vote/rate for the film on Our Website (or) App Your Internet Protocol address(s) is collected by us to avoid fake votes, bot votes or any kind of rigging. It is to be noted that only one vote per device is counted.

Miniflix accepts no responsibility for the information and/or content provided on any of our winners’ Films. Miniflix won’t accept to disclose any information regarding voting or voting results to anyone at any point of time.

RETURNS AND REFUNDS

Users should note that submitting a film to Miniflix does not guarantee they will be showcased on the Website (or) App. However if the film is not showcased for not meeting the minimum criteria, the submission fee will be refunded. The decision of Our curation team is final and not subject to change. The submissions are irreversible and refund is not applicable if the user wants to withdraw the submission after submitting on the website or for not following the rules. It is only applicable if Miniflix decides not to showcase the film for not meeting the minimum criteria.

ACCESS TO THE APP

We shall take all necessary and reasonable steps to ensure the uninterrupted availability of the App at all times. However, We do not guarantee the uninterrupted availability of the App at all times. Your access to the App may be occasionally suspended or restricted to allow for repairs, maintenance, updates or for the introduction of new facilities or services at any time without prior notice. We hereby grant You a limited license to access and make personal use of the App and the Services offered by Us in accordance with these Terms of Use or Our policies as introduced or modified or amended from time to time.

PLAGIARISM

We have a zero-tolerance-policy against plagiarism. The film will be disqualified immediately if it is found to be plagiarizing or copying content from another in any manner or is not in accordance with copyright laws pertaining to media, cinema and intellectual property. Refund will not be applicable in this case.

INTELLECTUAL PROPERTY

The intellectual property rights in the Miniflix Service are owned, licensed to or controlled by Miniflix, its licensors, content creators of their respective films or service providers. Miniflix aggressively enforces its intellectual property rights to the fullest extent of the law.

The trade marks, service marks, trade names and logos used and displayed on Miniflix Service (collectively the “Trade Marks”) are registered and/or unregistered trade marks of Miniflix. Nothing on this Site should be construed as granting any license or right to download, reproduce or use any Trade Marks displayed on Miniflix Service, without the written permission of Miniflix or any other applicable trade mark owner. The name of Miniflix may not be used in any way without the prior written permission of Miniflix.

NO WARRANTIES AND LIMITATION OF LIABILITY

THE MINIFLIX SERVICE, ITS CONTENTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MINIFLIX INDIA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MINIFLIX INDIA OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS, OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE MINIFLIX SERVICE OR ITS CONTENTS.

COMMENTS

Parts of this Website (or) App offer an opportunity for Users to post and exchange opinions and information in certain areas of the Website (or) App. Miniflix does not filter, edit, publish or review Comments prior to their presence on Miniflix. Comments do not reflect the views and opinions of Miniflix, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Miniflix shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Website (or) App.

Miniflix reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on Our Website (or) App and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy.
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Miniflix a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of Your Comments in any and all forms, formats or media.

THIRD-PARTY LINKS

Miniflix contains links to other apps and websites. You understand that these linked sites are not under Our control, and We are not responsible for the contents of such linked sites. These links have been provided to You only as a convenience and the inclusion of any such link does not imply endorsement by Us of such parties or any association with such sites or its operators.

RESTRICTION OF USE OF MINIFLIX SERVICE

You agree not to:

  • modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create, derivate work from, sell or re-sell any content or information obtained from or through the Miniflix Service;
  • use web crawlers, web robots, web spiders, ants, automatic indexers, bots, worms, and other such devices in connection with the Miniflix Service; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Miniflix Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
  • post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law;
  • use the Miniflix Service in any manner that could damage, disable, overburden, or impair any part of Miniflix Service or interfere with any other party’s use of Miniflix Service;
  • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Miniflix Service;
  • impersonate or misrepresent your affiliation with someone else;
  • collect, use or share personally identifiable information in violation of Miniflix’s privacy policy or in breach of any applicable law or regulation;
  • harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
  • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Miniflix Service; or
  • use the Miniflix Service to advertise or perform any commercial solicitation.

COOKIES

We employ the use of cookies. By accessing Miniflix, you agreed to use cookies in Agreement with the Miniflix Privacy Policy. Most of the interactive Website (or) App use cookies to let Us retrieve the User’s details for each visit. Cookies are used by Our website to enable the functionality of certain areas to make it easier for people visiting Our Website (or) App. Cookies identify a User’s computer, not the individual User. Most browsers are set to accept cookies by default. You can always set Your browser to refuse cookies, but You may not be able to use all the features of Our site.

PRIVACY POLICY

Our Privacy Policy describes the information Miniflix collects when You and Users use the Miniflix Service. It also describes how Miniflix uses any personal information You share with it, including with regards to any third parties. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, You are also consenting to Our use of Your personal information in accordance with Our Privacy Policy. Please click  here  to review Our Privacy Policy.

iFRAMES

Without prior approval and written permission, you may not create frames around our Web pages that alter in any way the visual presentation or appearance of our Website.

RESERVATION OF RIGHTS

We reserve the right to request that You remove all links or any particular link to Our Website (or) App. You approve to immediately remove all links to Our Website upon request. We also reserve the right to amen these Terms and Conditions and it’s linking policy at any time. By continuously linking to Our Website, you agree to be bound to and follow these linking terms and conditions.

TERMINATION

a. Services may be terminated by us, without cause, without penalty and without notice at any time.

b. You can delete Your account and terminate services, without cause, by following the cancellation procedures: (i) via Your User account or (ii) via Miniflix Help Panel

c. Miniflix may terminate Services at any time, without penalty and without notice if You fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.

d. Notice of termination of Services by Miniflix may be sent to the contact e-mail associated with Your account. Upon termination, Miniflix has the right to delete all data, files, or other information that is stored in Your account.

REMOVAL OF LINKS FROM OUR WEBSITE

If you find any link on Our Website that is offensive for any reason, You are free to contact and inform Us any moment. We will consider requests to remove links but We are not obligated to or so or to respond to You directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) POLICY

Miniflix respects the intellectual property rights of others. Per the DMCA, Miniflix will respond expeditiously to claims of copyright infringement on the Website or App if submitted to Miniflix’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Miniflix will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If you believe that your intellectual property rights have been violated by Miniflix or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Site;
  3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Miniflix, can contact you;
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
  6. Your electronic or physical signature.

Miniflix may request additional information before removing any allegedly infringing material. In the event Miniflix removes the allegedly infringing materials, Miniflix will immediately notify the person responsible for posting such materials that Miniflix removed or disabled access to the materials. Miniflix may also provide the responsible person with your email address so that the person may respond to your allegations.

Miniflix designated Copyright Agent is:

Miniflix Administrator
admin@miniflix.in (or) help@miniflix.in

INDEMNITY

You hereby agree to indemnify and hold harmless Miniflix India and its employees, affiliates, associates, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses including reasonable attorney’s fees arising directly or indirectly from Your breach of these Terms of Use or any applicable laws or regulations while using the Miniflix Service.

NO WAIVER

Save and except as expressly provided in this Agreement, no exercise, or failure to exercise, or delay in exercising any right, power, or remedy vested with Us under or pursuant to this Agreement, shall constitute a waiver by Us of that or any other right, power, or remedy.

LAW, JURISDICTION AND ARBITRATION

These Terms of Use shall be governed, interpreted and construed in accordance with Indian law.

SEVERABILITY

If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms of Use. The Terms of Use and the Privacy Policy constitute the entire agreement between You and Us with respect to the access and use of the App, superseding any prior written or oral agreements in relation to the same subject matter herein. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND UNCONDITIONALLY ACCEPT TO BE BOUND BY THE SAME.

CHANGES TO OUR TERMS OF USE

Miniflix reserves the right to change or modify any of the Terms and Conditions contained in this Agreement at any time. You acknowledge and agree that it is your responsibility to review these Terms of Use from time to time. Your continued use of the Miniflix Service after such modifications to this Agreement will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Additional Terms”) will be posted on the Website and/or App and will be effective immediately. You hereby agree to be bound by all such Additional Terms and Your continued use of the App shall be deemed to be the acceptance of such Additional Terms. All updated terms can be viewed on Miniflix Website or App.

This Agreement was last modified on August 10, 2020.

CONTACT

If you have any questions about this Terms of Use or Your dealing with Our Website (or) App or any of the features, please click here to contact Us. You can also mail your query at help@miniflix.in.