©2024-2025
Victoire Retail Development ME Inc.
TERMS OF SALE
OVERVIEW
IMPORTANT
– PLEASE CAREFULLY READ
AND UNDERSTAND THESE TERMS OF OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER flixzone24.com. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND
LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A
COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of
flixzone24.com, including any sub domains thereof,
affiliated websites, and mobile applications (collectively, the “Website”), which are owned and
maintained by Company. (“we,” “our,” “us”), are governed
by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website,
including all information, tools, products and services available from the Website to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing,
using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to
these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form
whatsoever.
THIS
AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING,
RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE
EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW
THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review
the most current version of the Terms at any time on this page flixzone24.com. We reserve the right to update, change, or
replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to
check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING
OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TERMS AND CONDITIONS OF USE AND
SALE
1.
WEBSITE USE
By using the
Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or
province of residence. If you use the Website, you are affirming that you have the legal capacity to enter
into a binding contract with us, and have read this Agreement and understand and agree to its terms.
These
terms and conditions set out the terms and conditions between you, the customer, and
Company (“us”,
“we”),
governing the use of our website and our downloadable digital recordings and streaming digital products
including the content therein (the “products”).
Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of
these terms and conditions. If you do not agree with these terms and conditions, you should not use our
website or purchase, download or use any of our products
2. PRIVACY & SECURITY
DISCLOSURE
Our privacy
policy may be viewed at flixzone24.com. The Privacy
Policy is hereby incorporated into these Terms by reference and constitute a part of these Terms.
Company reserves the right to modify the privacy policy at its sole discretion.
3.
GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of
our Website are protected by U.S. and international copyright, trademark, and other intellectual property
laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on
it. You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You
further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website
including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2)
publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
4. LICENSE AND
USE
flixzone24.com allows customers to browse,
purchase and stream products relating to movies and games. Your purchase of one of our
products constitutes our granting to you of a non-exclusive, non-sub licensable, non-transferable license to
download and/or access that product for the purpose of your own personal use and reference, and in the case of
downloadable digital products, print or convert the product to an image or vector format for your own storage,
retention and reference (the “purpose”). You agree that
under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose.
For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute
any of our products, whether modified or not, to any third party. You agree not to use any of our products in
a way which might be detrimental to us or damage our reputation.
5. INTELLECTUAL
PROPERTY
The
products, whether modified or not, and all intellectual property and copyright contained therein, are and
shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the
product has been modified or not, shall you have or attempt to claim ownership of any intellectual property
rights or copyright in the product.
6. MODIFICATIONS TO THE WEBSITE
AND PRICES
We reserve the
right at any time to modify or discontinue access to the Website (or any part or content thereof) without
notice at any time. We shall not be liable to you or to any third-party for any modification, suspension, or
discontinuance of access to the Website. Certain products or services may be available exclusively online
through the Website. We reserve the right to limit the distribution of our products to any person, geographic
region, or jurisdiction. We may exercise this right on a case-by-case basis.
7. PAYMENT
All charges are
in U.S. Dollars. We accept credit and debit cards from Visa, MasterCard, American Express, and
Discover.
When placing an
order online, you will need:
•
The address the card’s
statement is sent to (billing address);
•
The card number and expiration
date; and
•
The 3 or 4 digit code found only
on the card (CVV2 code).
By submitting
credit card information or other payment information to us, you represent and agree that: (i) you are fully
entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii)
you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s)
due. We and our third-party payment service providers may request, and we may receive, updated credit card
information from your credit card issuer, such as updated card numbers and expiration date information when
your credit card has expired. If such updated information is provided to us and our third-party payment
service providers, we will update your account information accordingly. Your credit card issuer may give you
the right to opt-out of providing vendors and third-party payment service providers with your updated credit
card information. If you wish to opt-out of your credit card’s updating service, you should contact your
credit card issuer.
We are not
responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit
card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method
including a mailed statement.
8. ORDER PLACEMENT AND
ACCEPTANCE
Your electronic
order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the
right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a
refund to your original form of payment. You understand and agree that we will not be liable for any losses or
damages that may result from our refusal to provide you any service or product. We reserve the right to
require additional information before processing any order.
9.a PLANS
Renewal and Cancellation
Terms.
If you go to
the Website, you may have the option to purchase a 3 month plan or a 6 month plan. The plan will be held in
your bank account for a 7-day (168 hours). If you wish to cancel your plan before the end of the 7 days
period, you may do so at any time. Cancellations are not refunded on a pro-rated basis. To cancel your plan,
simply call us at (800) 325-8708 or email us
at contact@thevrdgroup.com
9.b PROMOTIONAL
OFFERS
Welcome Offers – Access
and Redemption Terms.
10. DISCLAIMER OF
WARRANTIES
EXCEPT
WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN
“AS IS”, “AS
AVAILABLE”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY
DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,
AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT,
AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY
DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. DISCLAIMER OF
LIABILITIES
EXCEPT
WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL Victoire Retail Development ME Inc.OR ANY
OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS
ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S
USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER Victoire Retail Development ME Inc.
HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION,
ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES
OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS
APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY,
WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF,
NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, IS FOUND LIABLE UNDER ANY THEORY, Victoire
Retail Development ME Inc. LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION
OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER Victoire Retail Development ME Inc. WAS AWARE
OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL
RIGHTS.
12. DISPUTE RESOLUTION BY
MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Governing Law
This Agreement shall be
governed by and construed in accordance with the laws of the State of New York, without regard to its conflict
of law provisions. You agree that any legal action or proceeding arising out of or relating to this Agreement,
including any disputes regarding its existence, validity, or termination, shall be brought exclusively in the
state or federal courts located in New York County, New York. You hereby irrevocably submit to the personal
jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.
PLEASE
READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH
Victoire Retail Development ME Inc. AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT
WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH
FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A
TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL,
MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY
AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE
PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE
IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN
ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND
DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT
WOULD.
YOU
UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL
ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE
THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES
FIRST) BY WRITING TO US AT Victoire Retail Group ME. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A
SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND
THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED,
YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION
AS SET FORTH IN THIS AGREEMENT.
13.
INDEMNIFICATION
To
the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Company.,
its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers,
directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers,
interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses,
demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out
of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents
they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this
Agreement; or (3) your violation of any law or the rights of a third-party.
14.
THIRD-PARTY WEBSITES AND LINKS
Our
Website may include materials from third-parties or links to third-party websites. We are not liable for any
third-party materials or websites. Please review carefully the third-party’s policies and practices and
make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
15.
TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Company.
may use testimonials and/or product reviews in whole or in part together with the name and state/country of
the person submitting it. Testimonials may be used for any form of activity relating to Company.
products, in printed and online media, as Company.
determines in its absolute discretion. Testimonials represent the unique experience of the customers
submitting the testimonial, and do not necessarily reflect the experience that you may have using our
products. As noted in Section 4 above, your results will vary depending upon a variety of factors unique to
you, such as your age, health, and genetics. Anything that you submit or post to the Website and/or provide
us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews,
comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential
and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable
right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative
works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer,
disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have
sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and
exclusive property and shall not be returned to you. Additionally, Company.
reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or
use, and to review all testimonials prior to publication or use. Company.
shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you
submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you
disagree with any part of these Terms, do not submit a testimonial.
16.
ELECTRONIC COMMUNICATIONS
You
agree that we may communicate electronically with you and that such communications, as well as notices,
disclosures, agreements, and other communications that we provide to you electronically, are equivalent to
communications in writing and shall have the same force and effect as if they were in writing and signed by
the party sending the communication.
17.
ASSIGNMENT
You
may not assign any of your rights under these Terms, and any such attempt will be null and void.
Company.
and its affiliates may, in their individual discretion, transfer, without further consent or notification, all
contractual rights and obligations pursuant to these Terms if some or all of Company.
business is transferred to another entity by way of merger, sale of its assets or otherwise.
18. NO WAIVER
No
waiver by Company.
of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term
or condition or a waiver of any other term or condition, and any failure by Company.
to assert a right or provision under these Terms shall not constitute a waiver of such right or
provision.
19. NO AGENCY
RELATIONSHIP
No
joint venture, partnership, employment, or agency relationship exists between you and us as a result of you
receiving a product from us or from using this Website.
20.
SEVERABILITY
In
the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the
validity and enforceability of any other remaining provisions.
21. TERMINATION
In
the event that we terminate this Agreement, Sections 2-5, 13-17, 19-25, 27, as well as any representations,
warranties, and other obligations made or taken by you, shall survive the termination of this
Agreement.
22. ENTIRE
AGREEMENT
These
Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the
Website constitutes the entire agreement and understanding between you and Victoire Retail Development ME
Inc., and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the
interpretation of these Terms or the Agreement shall not be construed against the drafting party.
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