Your Movies.

Your TV Shows.

Your Friends.

Your Way.

Flixster Collections is a free new application that allows you to view, organize, and share your movies & TV collections all in one easy-to-use dashboard.

End User License Agreement
IMPORTANT! PLEASE READ CAREFULLY.

THIS END-USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU, ON THE ONE HAND, AND FLIXSTER, INC. AND WARNER BROS. ENTERTAINMENT INC. (COLLECTIVELY "Us," “We” or “Our”) (INDIVIDUALLY "PARTY" AND COLLECTIVELY "PARTIES"). 

BY CLICKING "AGREE" BELOW, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, THEN YOU SHOULD CLICK "CANCEL" IN WHICH CASE YOU WILL NOT BE ABLE TO INSTALL OR USE THE FLIXSTER COLLECTIONS SOFTWARE.
1. License
Subject to the terms and conditions of this Agreement, We hereby grant you a non-exclusive, non-transferable, non-sublicenseable and revocable personal license to: (i) download and install the Flixster Collections software application including, without limitation, any materials, content, code and technology contained therein, and any portions thereof (collectively "Software") onto one (1) personal computer owned or controlled by you; and (ii) use the Software for your own personal, non-commercial use in the United States. The Software includes any Updates (as defined below) and an authorized copy (as permitted below). You may not: (i) use the Software in any manner that could damage, disable, overburden or impair any of Our Services (defined below) which use the Software; (ii) decompile, reverse engineer, derive source code from, decompile, disassemble, modify, adapt, translate, rent, sell, lease, loan, distribute, copy (except as permitted below), or create derivative works from, the Software; (iii) bundle the Software for redistribution with other products; or (iv) use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement. You are solely responsible for determining and paying any fees, charges or taxes in connection with your use of the Software including, without limitation, those imposed by any Internet service provider, carrier or governmental entity. You must have a high speed Internet connection in order to access and use certain materials made available by the Software or any of our Services using the Software. The Software may not be available: (i) during any maintenance or update periods, any power or server outages; (ii) as a result of war, riots, strikes, social unrest; or (iii) as a result of other matters beyond the control of Us or third parties. Subject to the terms and conditions of this Agreement, you may make one (1) back-up copy of the Software for your own personal, non-commercial use. You shall not modify the Software or create any new or derivative works based on or including the Software.
2. Reservation of Rights / Ownership
We reserve all rights not expressly granted herein. This Agreement is a license, and not a sale, of the Software. You shall have no right, title or interest in or to the Software. We own all right, title and interest in and to the Software. The Software is protected by United States and international copyright laws and treaties. The names, marks, brands, logos, designs, trade dress and other designations used in connection with the Software are proprietary to Us and Our licensors. You shall maintain all copyright, trademark and other proprietary rights notices on the Software.
3. Flixster Collections Purchases and other Services
The Software enables you to access certain services provided by Us and other third parties, including but not limited to the ability to purchase or rent audiovisual content (collectively, the “Services”). Your use of the Services requires you to agree to additional Flixster Collections Terms of Service which are available at http://www.flixstercollections.com/termsofservice. By using the Software in connection with the Services (which requires Internet access), you agree to the latest Flixster Collections Terms of Service, which may be updated from time to time.
4. Data / Information / Privacy
The Software, by itself or in conjunction with other of our or third party software, may enable Us to collect and use data and other information about you, your personal computer and its contents. Please see http://www.flixstercollections.com/software.privacypolicy for the Flixster Collection Privacy Policy which governs Our collection and use of such information and may be updated from time to time.
5. Third Party Software Applications
You agree that the Software may interoperate with and allow you to use software applications, data, information and/or materials developed or offered by third parties including, but not limited to, Google, Inc., Amazon.com, Inc., Facebook, Inc., Hulu, LLC, VideoSurf, Inc. and Netflix, Inc. (collectively "Third Party Applications"). This may include, without limitation, allowing such Third Party Applications to link to the Software (and vice versa) and for your personal data and other information to be collected, used and /or shared by or with such parties. You agree to all privacy policies and terms and use of any third parties concerning use of such Third Party Applications. THIRD PARTY APPLICATIONS ARE NOT OUR RESPONSIBILITY. YOUR USE OF THIRD PARTY APPLICATIONS IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, AS TO THIRD PARTY APPLICATIONS INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, RISKS OF PROGRAM ERRORS, CORRUPTION, VIRUSES, HACKING, INTRUSIONS, DAMAGE TO EQUIPMENT, LOSS OF DATA, OR UNAVAILABILITY OR INTERRUPTION OF SERVICE OR OPERATIONS, HOWEVER CAUSED, ACCURACY, AVAILABILITY, SATISFACTORY QUALITY, AND MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
6. Software Updates
We may deliver and install patches, updates and modifications to the Software (collectively, "Updates") from time to time including, without limitation, Updates to be installed on your personal computer. Updates are not optional in order to use the Software. We may deliver and install Updates remotely, with or without your knowledge, and you consent to us delivering and installing such Updates. If the Software is an update to a previous version of the Software, then you must possess a valid license to such previous version in order to use such Update. All Updates are provided to you on a license exchange basis and are subject to the terms and conditions of this Agreement and any revisions to it (as described below). By using an Update, you voluntarily terminate your right to use any previous version of the Software; however, you may continue to use previous versions in order to transition to the Update; provided that: (i) the Update and the previous versions are installed on the same personal computer; (ii) the previous versions or copies thereof are not transferred to another personal computer unless all copies of the Update are also transferred to such personal computer; and (iii) you acknowledge that any obligation We may have to support the previous versions of the Software may end upon availability of the Update.
7. Disclaimer of Warranties
YOU AGREE THAT THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, WITHOUT LIMITATION, RISKS OF PROGRAM ERRORS, CORRUPTION, VIRUSES, HACKING, INTRUSIONS, DAMAGE TO EQUIPMENT, LOSS OF DATA, CONTENT, OR UNAVAILABILITY OR INTERRUPTION OF SERVICE OR OPERATIONS, HOWEVER CAUSED.
8. Indemnification
YOU SHALL INDEMNIFY US, OUR PARENT AND AFFILIATES, AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS, AND TO HOLD EACH OF THEM HARMLESS FROM AND AGAINST ANY CLAIMS, LOSSES, EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND REASONABLE ATTORNEYS' FEES), OR DAMAGES ASSERTED BY ANY THIRD PARTY, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR ATTEMPTED USE OF, THE SOFTWARE, OR ANY BREACH OF THIS AGREEMENT.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR PARENT(S) AND OUR AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE, OR ANY LOSS OF REVENUE, DATA, INFORMATION, CONTENT, GOODWILL, USE, OR PROFITS, EVEN IF ONE OF OUR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WE, OUR PARENT AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY USE OR MISUSE OF THE SOFTWARE OR ANY SERVICES USING THE SOFTWARE. YOU ACKNOWLEDGE THAT WE HAVE AGREED TO MAKE THE SOFTWARE AVAILABLE IN RELIANCE ON THE EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH HEREIN AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. IN NO EVENT SHALL OUR, OR OUR PARENT'S OR OUR AFFILIATES' LIABILITY TO YOU FOR ANY AND ALL DAMAGES OF ANY TYPE EXCEED FIVE-HUNDRED DOLLARS (US $500.00). 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 shall not apply to you.
10. High Risk Environments
The Software has not been designed for and is not intended for use in hazardous environments requiring fail-safe (fault-tolerant) performance such as in, by way of example, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons or defense systems, life support systems, or any other context in which the failure of any software could lead directly to death, personal injury, or severe damage to property or the environment. WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLICIT GUARANTEE OF THE SOFTWARE'S SUITABILITY FOR THESE TYPES OF ACTIVITIES.
11. Export Restrictions / Laws
You acknowledge and agree that the Software is subject to United States export control laws and you agree to abide by such laws and any other applicable international export rules or regulations. You acknowledge and agree that the Software may not be exported or re-exported by you to any country, person or organization subject to restrictions under United States export control laws or any other applicable international export rules or regulations. You shall comply will all other applicable laws.
12. Term / Termination
This Agreement, unless terminated pursuant to the terms hereof, shall be in full force and effect for the maximum period of time permitted by applicable law. You may terminate this Agreement at any time by uninstalling and deleting the Software from your personal computer. We may terminate this Agreement at any time, for any reason or no reason, by providing you with notice as described below. Upon termination, all rights granted to you will cease, and you shall immediately destroy the Software. Those provisions of this Agreement which, by their nature, should survive termination shall so survive including, without limitation, those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership.
13. Notice
Any notices We deliver to you may be made as follows: (i) by email to the last email address provided by you; (ii) by posting a notice on www.flixstercollections.com; (iii) to any address contained in any account information provided by you; or (iv) through the user interface of the Software.
14. Dispute Resolution
This Agreement shall be governed by the laws of the State of California, without regard to conflict of law rules. Any dispute, controversy or claim related to this Agreement shall be resolved by binding arbitration in Los Angeles, California pursuant to either the JAMS Streamlined or the JAMS Comprehensive Arbitration Rules and Procedures, as applicable (collectively the "Arbitration Rules"). Such arbitration shall be conducted before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Each Party will pay its own arbitration fees and reasonable expenses as determined by the arbitrator. The Parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California state or federal court with experience in matters involving the entertainment industry.
15. General
We reserve the right to revise the terms and conditions of this Agreement, from time to time, by presenting you with a revised, electronic version. Your continued use of the Software after such presentation shall constitute acceptance of all terms and conditions contained in such revised version. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. You may not assign this Agreement and any attempted assignment by you will be null and void. This Agreement shall inure to the benefit of our licensors, successors and assigns. This Agreement is the sole and complete agreement between you and Us and supersedes any prior or contemporaneous agreements, oral or written, and any other communications between you and Us, concerning your use of the Software. If any part of this Agreement shall be invalid, illegal or unenforceable, then such part shall be deemed to be restated to reflect, as nearly as possible, the original intentions of the Parties in accordance with applicable law, and the remainder of this Agreement shall remain in full force and effect.
16. Headings
The use of headings and captions herein is for convenience only and shall not be used to interpret this Agreement. 

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. BY CLICKING "AGREE" BELOW, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.