Terms of Service

Audiovisual works of varied durations and formats (“Films”) may from time to time be made available to you ("User") by NuFlick S.A. de C.V. ((“NuFlick”) through NuFlick's web site (the “Site”) and through the websites or platforms provided by social networking service providers (the "Social Network"). Although streaming of some films will be FREE, when purchasing any Films through NuFlick.com, the User signifies that he/she has read, understand and agree to be bound by the Terms of Service in effect at the time of purchase ("Terms of Service").

These Terms of Service are subject to change without prior written notice at any time, in NuFlick’s, and such changes shall apply to any purchases made after such changes are posted to the Site or the Social Network. Therefore, the User should review these Terms of Service prior to each purchase so the User will understand the terms applicable to such transaction. If the User does not agree to these Terms of Service, the User shall not make any purchases on the Site or the Social Network.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THE LEGAL RIGHTS OF THE USER, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Purchase Qualifications; Account Security

To make a purchase on the Site or on the Social Network the User must be a registered user of either the Site or the Social Network. The User acknowledges that he/she is responsible for maintaining the security of, and restricting access to, his/her account and password, and he/she agrees to accept responsibility for all purchases and other activities that occur under his/her account. NuFlick streams the Films in its catalogue only to those users who can legally make purchases with a credit card. If the User is under 18, he/she may make purchases on the Site or the Social Network only with the involvement of a parent or guardian. NuFlick reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.

Payment Method and Terms

We accept Visa, MasterCard and American Express, credit cards and certain debit cards, as forms of payment. By submitting an order through the Site or the Social Network, the User authorizes the Company, or his/her designated payment processor, to charge the account the User specifies for the purchase amount. All payments are to be made in United States Dollars.

Delivery

Regarding any Film that the User purchases through the Site, he/she acknowledges and agrees that upon making such Films available to him/her (or to their intended authorized recipients), NuFlick will have fully satisfied its obligation to deliver or otherwise provide such Films, regardless of any failure or inability to view such Films.

Although we are committed to preserving a wonderful user experience, under no circumstances do User acquire rights to delivery of any FREE Films and content.

Product and Service Descriptions and Availability, Errors

Company may revise, discontinue or modify certain Films at any time without prior notice to customers, and certain or all Films may become unavailable without notice. Company shall have no liability of any kind if a Film that has been ordered is unavailable.

We attempt to be as accurate as possible and eliminate errors on the Site; however we do not warrant that any Film or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site or in the Social Network, in an order confirmation, in processing an order, delivering a Film or otherwise, we reserve the right to correct such error and revise the User order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide the User with a merchandise or service credit (including without limitation issuing, at our option, Movie Credits as described below), with a value at least equal to the amount charged to the User’s credit card.

Taxes

User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the purchase of the User. If User does not pay such sales or other tax or fee on a transaction, the User will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and, and NuFLick reserves the right to collect such taxes or other fees from the User at any time.

Returns

Any Film purchased for viewing from the NuFlick, non-cancelable and nonrefundable after 20 minutes of purchase or as otherwise determined by NuFlick in its sole discretion. User may reuse his/her uncharged Credit by cancelling his/her order within the first 20 minutes of viewing after purchase is made.

Privacy

We care about the privacy of our Users. Click here to view the Site's Privacy Policy. By using the Site or the Service, the user is consenting to have his/her personal data transferred to and processed in the Mexican United States.

Disclaimers

NUFLICK MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY FILMS MADE AVAILABLE ON THIS SITE.

FILMS ARE PROVIDED OR STREAMED "AS-IS" AND NUFLICK DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, THE USER SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY NUFLICK.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL NUFLICK OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES BY THE USER, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NUFLICK'S LIABILITY TO THE USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY THE USER TO NUFLICK FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL NUFLICK'S LIABILITY TO THE USER EXCEED THE EQUIVALENT TO USD$1,000. THE USER ACKNOWLEDGES THAT IF NO AMOUNT IS PAID TO NUFLICK FOR THE PRODUCT OR SERVICE, THE USER SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM NUFLICK, REGARDLESS OF THE CAUSE OF ACTION.

Governing Law; Venue and Jurisdiction

The User agrees that the laws of Mexico, without regard to principles of conflict of laws, will govern the use and purchase of products and services by the User and these Terms of Service, and any dispute of any sort that might arise between the User and the NuFlick. With respect to any disputes or claims not subject to arbitration (as set forth below), the User agrees not to commence or prosecute any action in connection therewith other than in the courts of Mexico, and the User hereby consents to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the respective courts of Mexico.

Indemnity

User agrees to indemnify and hold NuFlick, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with the purchase or use of any product or services by the User, or any violation of this Terms of Service or of any law or the rights of any third party.

Other

These Terms of Service constitute the entire agreement between the User and NuFlick regarding purchases the User makes on the Site or the Social Network, superseding any prior agreements between the User and NuFlick relating to such purchases. The failure of NuFlick to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.