TERMS OF USE
TERMS OF USE
Last Updated: June 23, 2025
The following terms and conditions, together with any additional terms and conditions
and policies referenced herein or available by hyperlink (collectively, “Terms of Use” or
“Terms”) apply to websites, mobile applications, and other digital media owned and
operated by Flix Entertainment LLC, dba Flix Brewhouse, its subsidiaries and affiliates
(collectively “FLIX,” “we,” “us,” or “our”), and govern your access to and use of the
website located at www.flixbrewhouse.com (the “Site”) and any Flix Brewhouse mobile
application (“App”), whether as a guest or a registered user.
1. Additional Terms
In addition to these Terms, participation in The Circle Rewards Program is subject to the
additional terms and conditions applicable to that program and located at The Circle
Rewards Program Terms.
2. Acceptance of Terms of Use
PLEASE REVIEW THE TERMS OF USE CAREFULLY BEFORE USING THE SITE OR
APP. BY ACCESSING OR USING THE SITE OR APP, YOU AGREE TO BE BOUND
TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE,
YOU MAY NOT USE THE SITE OR APP.
THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND WAIVER OF
JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS
TO RESOLVE DISPUTES.
3. Changes to Terms of Use
FLIX reserves the right to change, modify, add, or remove any part of the Terms or other
policies or terms referenced herein or set forth on the Site or App or in connection with
certain purchases, products, or services without prior notice at any time in our sole
discretion. Such changes, revisions or modifications will be effective immediately upon
posting to the Site or App. Your use of the Site or App after such change, revision or
modification will be deemed to constitute your acceptance thereof. You should review
these terms each time you access the Site or App so you are aware of any changes, as
they are binding on you. You can review the most current version of the Terms of Use at
any time on this page.
4. Age of Users
By accepting these Terms through your use of the Site or App, you certify that you are
18 years of age (or the age of majority in your state of residence) or older. If you are
under the age of 18 (or the age of majority in your state of residence) but are at least 13
years of age, you may use the Site or App only under the supervision of a parent or
legal guardian who agrees to be bound by these Terms. Individuals under the age of 18
are not permitted to purchase tickets or other products or services from the Site or App
without the supervision of a parent or legal guardian. The Site and App are not designed
or intended for use by children under the age of 13.
5. Ownership of Materials
Except as otherwise indicated, this Site and App, and all content contained on the Site
or App or provided in or in connection with the Site or App, such as text, graphics,
logos, icons, images, audio and video clips, digital downloads, trademarks or service
marks, information, software, data compilations, and other materials (collectively, the
“Materials”) are owned by FLIX or our licensors and are protected by United States and
international copyright law and other intellectual property laws. No Materials included in
or available from or through this Site or App or from or through any website owned,
operated, licensed or controlled by FLIX may be copied, reproduced, republished,
modified, downloaded, uploaded, posted, transmitted, or distributed in any way, without
the express prior written permission of FLIX. Modification of the Materials or use of the
Materials for any other purpose is a violation of our copyright and other proprietary
rights. FLIX makes no proprietary claim to any third party names, trademarks or service
marks appearing on the Site or App. Any third party names, trademarks, and service
marks are the property of their respective owners. This Site and App is protected by the
intellectual property laws of the United States of America and international laws, treaties
and conventions.
6. Use of Materials
While FLIX uses reasonable efforts to include accurate and up-to-date information on
the Site and App, FLIX makes no warranties or representations as to the accuracy of
any such information. FLIX assumes no liability or responsibility for any errors or
representations in the Site, App, or Materials. Price and availability information is
subject to change without notice.
FLIX grants you a limited, non-exclusive, non-transferable, non-sublicensable license to
access and use the Site and App for personal, noncommercial purposes, and to print or
download portions of this Site or App for such purposes, provided that you keep intact
all copyright, trademark and other proprietary rights notices.
Except for the foregoing limited license, no right, title, or interest in the Site, App, or any
Materials will be transferred to you. Your use of the Site, App, or any Materials available
on or through the Site or App is strictly prohibited, except as specifically authorized in
these Terms. You agree not to copy, share, modify, distribute, reproduce,
republish, display, or transmit the Site, App, or any Materials made available on or
in connection with the Site or App without the prior written permission of FLIX. All
rights not expressly granted to you in these Terms of Use are reserved and retained by
FLIX or our licensors.
The license granted to you does not include, and specifically excludes, any rights to:
resell, exploit, or make any commercial use of the Site, App, or any Materials; create or
use any derivative of the Site, App, or any Materials; download or copy account or other
information for the benefit of anyone else; or use any form of data mining, robots, or
similar data gathering and extraction tools in connection with the Site, App, or any
Materials. You may not frame, or utilize framing techniques to enclose, the Site, App, or
any Materials, or use any meta tags or any other “hidden text” utilizing any of the
foregoing, without our and each applicable owner’s express written consent. FLIX
reserves the right to terminate this license in the event you fail to comply with any of
these Terms of Use or other policies or terms referenced herein or set forth on the Site
or App or in connection with certain purchases, products, or services.
FLIX RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO
THE SITE, APP OR ANY FEATURE OR PART THEREOF AT ANY TIME WITH OR
WITHOUT NOTICE.
7. User Accounts
To access the Site, App, or some of the resources offered via the Site or App, you may
be asked to provide certain registration details or other information. It is a condition of
your use of the Site or App that all the information you provide on the Site or App is
correct, current, and complete. You agree that all information you provide to register
with this Site, App, or otherwise, including, but not limited to, through the use of any
interactive features on the Site or App, is governed by our Privacy Policy, and you
consent to all actions we take with respect to your information consistent with our
Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of
information as part of our security procedures, you must treat such information as
confidential, and you must not disclose it to any other person or entity. Only you may
use your user account, and you may not provide any third party with the username,
password, or other security information to access your account. You are solely
responsible for all activity that takes place with your user account. You agree to notify us
via email at circle@flixbrewhouse.com immediately of any unauthorized access to or
use of your username or password or any other breach of security. You also agree to
ensure that you exit from your account at the end of each session. You should use
particular caution when accessing your account from a public or shared computer or
other device so that others are not able to view or record your password or other
personal information.
You agree that all information supplied by you to us will be true, accurate, current and
complete. You agree to provide current, complete and accurate purchase and account
information for all purchases made through the Site or App. You agree to promptly
update your account and other information, including, but not limited to, your email
address and credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a card or other
content.
FLIX reserves the right to refuse service, disable or terminate your user account, cancel
or limit any order, or to refuse, restrict, or discontinue service or access to the Site, App,
or any Materials to or by you or any other person or entity, for any reason or for no
reason whatsoever, including if, in our opinion, you have violated any provision of these
Terms of Use, at any time in our sole discretion, without notice or liability.
8. User Submissions
Any materials, information, ideas, photos, comments, reviews, suggestions, or other
communication you transmit to or post on this Site, App or to FLIX by any means will be
treated as non-confidential and non-proprietary and may be disseminated or used by
FLIX and/or our designees for any purpose whatsoever, including, but not limited to, for
promotional purposes, in advertisements, or developing, manufacturing and selling
products (“Communications”). FLIX will have no obligations with respect to the
Communications. FLIX and our designees will be free to copy, disclose, distribute,
incorporate, or otherwise use the Communications and all data, images, sounds, text,
and other things embodied therein for any and all commercial and noncommercial
purposes. You may not use a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of a card or other content. FLIX reserves the right (but
not the obligation) to remove or edit such content, but does not regularly review posted
content.
If you do post content or submit material, and unless we indicate otherwise, you grant
FLIX a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to
use, reproduce, modify, adapt, publish, perform, translate, create derivative works from,
distribute, and display such content throughout the world in any media, whether now
know or hereafter created. You grant FLIX and our sublicensees the right to use the
name that you submit in connection with such content, if we or they choose to do so.
You represent and warrant that you own or otherwise control all of the rights in and to
the content that you post; that the content is accurate; that use of the content you
supply does not violate this policy and will not cause injury to any person or entity; and
that you will indemnify FLIX for all claims resulting from content you supply. FLIX has
the right, but not the obligation, to monitor and edit or remove any activity or content.
FLIX takes no responsibility and assumes no liability for any content posted by you or
any third party.
9. Prohibited Uses
You will not knowingly post, transmit, redistribute, upload, or promote any
Communications, content or materials to, from, or in connection with the Site or App
anything that (a) contains corrupted files, viruses, or any other similar software files; (b)
is unlawful, threatening, harassing, abusive, inflammatory, scandalous, defamatory,
invasive of privacy or publicity rights, infringing on any intellectual property rights,
vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially,
ethnically derogatory, or otherwise violate any right of any third party; (c) is likely to
upset, embarrass, alarm, inconvenience or annoy any other person; (d) contains chain
letters or pyramid schemes; (e) contains any unsolicited advertising, promotional
materials, mass mailings, “spam,” political campaigning, or other forms of solicitation to
other users, individuals or entities; (f) impersonates any individual, business or entity,
including our company and our employees and agents; (g) encourages conduct that
would constitute a criminal offense; (h) involves commercial activities, sales, contests,
sweepstakes and other sales promotions, barter or advertising; (i) gives the impression
that they emanate from or are endorsed by us or any other person or entity if this is not
the case; (j) gives rise to civil or criminal liability; (k) otherwise violates any law; or (l)
amounts to any conduct that, in the judgment of FLIX, is otherwise objectionable,
restricts, impairs, interferes or inhibits any user from using or enjoying the Site, App, or
any Materials, or may harm FLIX or users of the Site, App or any Materials or expose
them to liability, or otherwise injurious to third parties. In addition to any remedies that
FLIX may have at law or in equity, if FLIX determines, in our sole discretion, that you
have violated or are likely to violate the foregoing prohibitions, it may take any action it
deems necessary to cure or prevent the violation, including without limitation, the
immediate removal of the related materials from the Site or App. FLIX reserves the right
(but not the obligation) to remove or edit such content, but does not regularly review
posted content. FLIX will fully cooperate with any law enforcement authorities or court
order or subpoena requesting or directing us to disclose the identity of anyone posting
such materials.
10. Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been copied,
posted, or distributed on or through the Site or App in a way that infringes your copyright
rights, please inform our designated Copyright Agent by sending written notice by U.S.
Mail to Flix Entertainment LLC, Attn: Copyright Agent, 555 West Round Rock Dr. Bldg D
Suite 100, Round Rock, TX, 78681or by email to ceo@flixbrewhouse.com Pursuant to
the Digital Millennium Copyright Act, to be effective you must include the following
information in your written notice:
• A detailed description of the copyrighted work you believe is being infringed;
• A description (such as the subdomain link) of the location on the Application
where the allegedly infringing content appears;
• Your contact information, including your name, address, telephone number,
and, if available, email address;
• A statement that you have a good faith belief that the allegedly infringing use is
not authorized by you as the copyright owner, by your agent, or by law;
• A statement affirming that, under penalty of perjury, the information in the notice
is accurate and that you are, or are authorized to act on behalf of, the copyright
owner; and
• An original or electronic signature of the copyright owner or someone
authorized on the owner’s behalf to assert infringement of copyright and to
submit the statement.
11. Links to Third Party Sites
The Site and App may contain links to other sites owned and operated by third parties.
These links are provided for convenience purposes only and are not controlled by FLIX.
FLIX does not make any representations or warranties, express or implied, regarding
the availability of, or the content, products, or services located on or through, any of
these linked sites. These links do not constitute or imply an endorsement, authorization,
sponsorship or affiliation by FLIX with respect to any third party, any third party’s
website, the content of any third party’s website, or any products or services sold or
provided by any such third party (“Third Party Site”). You should carefully review the
privacy statements and other conditions of use on any Third Party Site.
12. Disclaimer of Warranties
THE SITE AND APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT,
INFORMATION, SOFTWARE, SERVICES, GRAPHICS, FUNCTIONS AND
MATERIALS, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, FLIX HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. FLIX DOES NOT GUARANTEE OR WARRANT CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR APP, THAT DEFECTS
WILL BE CORRECTED OR THAT THE SITE OR APP ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. FLIX DOES NOT GUARANTEE, WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY,
RELIABILITY, COMPLETENESS OR TIMELINESS OF THE INFORMATION,
MATERIALS, CONTENT, PRODUCTS OR SERVICES PROVIDED ON, THROUGH,
OR IN CONNECTION WITH THE SITE OR APP OR OTHERWISE. IF YOU ARE
DISSATISFIED WITH THE SITE OR APP, YOUR SOLE REMEDY IS TO
DISCONTINUE USING THE SITE OR APP.
13. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE OR APP IS AT
YOUR OWN RISK AND THAT IN NO EVENT WILL FLIX OR ANY OF ITS
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR
SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR
APP OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT,
DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES OR LINE
FAILURE INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF REVENUE
OR PROFITS OR LOSS OF BUSINESS OR LOST SALES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
FORESEEABLE AND EVEN IF FLIX HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL FLIX BE LIABLE FOR OR IN CONNECTION
WITH ANY COMMUNICATIONS OR CONTENT POSTED TRANSMITTED,
EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER
PERSON ON OR THROUGH THE SITE OR APP. OUR SOLE AND ENTIRE MAXIMUM
LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR
ANY CAUSE WHATSOEVER, WILL BE LIMITED TO THE ACTUAL AMOUNT PAID BY
YOU FOR THE TICKETS, PRODUCTS, OR SERVICES YOU HAVE ORDERED
THROUGH THE SITE OR APP WITHIN THE 12-MONTH PERIOD PRIOR TO DATE
THE APPLICABLE CLAIM AROSE.
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH THE
SITE, APP, OR ANY MATERIALS, OR DO NOT AGREE WITH THESE TERMS, WITH
FLIX’S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE OR APP, YOUR
SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE OR APP.
SEE SECTION 21 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS
SECTION 13.
14. Indemnity
To the maximum extent permitted by applicable law, you agree to defend, indemnify and
hold FLIX, its subsidiaries, affiliates, co-brand partners, licensors, and other parties with
which FLIX is under contract or affiliated, and their respective officers, directors,
employees, contractors and agents free and harmless from and against any claims,
actions, demands, liabilities, judgments, awards, losses, damages, costs and expenses
(including, but not limited to, any reasonable legal and accounting fees) related to or
arising from your use of the Site, App, Materials, and/or your breach of the Terms of
Use, Privacy Policy, and/or resulting from any and all content you submit to FLIX and/or
the Site or App.
SEE SECTION 21 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS
SECTION 14.
15. Governing Law; Jurisdiction
By accessing or using the Site or App, you agree that the Site, App, these Terms of
Use, or other policies or terms referenced herein or set forth on the Site or App or in
connection with certain purchases, products, or services, and any dispute of any sort
that might arise between you and FLIX will be governed by and construed in
accordance with applicable federal law, and the laws of the State of Texas, without
regard to principles of conflicts or choice of law. You and we irrevocably consent to the
exclusive jurisdiction and venue of the state or federal courts in Travis County, Texas,
USA, for all disputes arising out of or relating to the Site, App, these Terms of Use, or
other policies or terms referenced herein or set forth on the Site or App or in connection
with certain purchases, products, or services, and any dispute of any sort that might
arise between you and FLIX that are heard in court (excluding arbitration and small
claims court).
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION WILL NOT BE
CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS
OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 21.
16. Electronic Communications
When you visit or use the Site or App or send e-mails, text messages, and other
communications from your desktop or mobile device to us, you are communicating with
us electronically. You consent to receive communications from us electronically. We will
communicate with you in a variety of ways, such as by e-mail, text, or by posting notices
and messages on the Site or App, or in connection with certain purchases, products, or
services. You agree that all agreements, notices, disclosures, and other
communications that we provide to you electronically satisfy any legal requirement that
such communications be in writing.
If you provide a mobile or residential phone number to FLIX, you warrant and represent
to us that you are either the account owner of any mobile or residential phone numbers
you provide to FLIX, or you have the express permission of the account holder to
provide such numbers (“Provided Numbers”). You expressly consent that we may call or
text any Provided Number with account, marketing and advertising messages made
using an automatic telephone dialing system or otherwise. You also understand that
consent to receive calls and text messages is not a requirement for your use of the Site
or App or any services or products, and you may revoke your consent at any time.
17. International Law
FLIX controls, operates, and administers the Site and App from the United States of
America. We do not represent that the Site, App or Materials are appropriate or
available for use outside of the United States. Persons who choose to access this Site
or App from other locations do so on their own initiative, at their own risk, and are
responsible for compliance with local laws, if and to the extent local laws are applicable.
18. General
These Terms of Use, including all documents or policies referenced herein or set forth
on the Site or App or in connection with certain purchases, products, or services,
including, but not limited to, our Age and Purchase Policy, and The Circle Rewards
Program Terms, constitute the entire understanding between you and FLIX, governs
your use of the Site and App, and supersedes any prior or contemporaneous
understandings, agreements, statements or representations, whether written or oral,
between you and FLIX in relation to the Site or App. You agree to comply with all laws,
rules and regulations applicable to your use of the Site and App. You acknowledge that
any breach or threatened breach of these Terms of Use will result in irreparable harm
for which damages would not be an adequate remedy, and, therefore, in addition to our
rights and remedies otherwise available at law, FLIX will be entitled to seek immediate
equitable relief, including injunctive relief. You agree that if FLIX does not exercise or
enforce any legal right or remedy which is contained in these Terms of Use, or which
FLIX has the benefit of, such failure will not be taken to be a formal waiver of FLIX’s
rights and that those rights or remedies will still be available to FLIX. Our failure to act
with respect to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. You agree that these Terms of Use and all policies and
terms incorporated herein, all rights granted in these Terms, all user accounts, an all
Communications may be automatically assigned by FLIX, in our sole discretion, to a
third party. You may not assign these Terms of Use or your obligations to any other
individual or entity, and any attempt by you to do so is void. If any provision of these
Terms of Use, Privacy Policy, or other policies or terms referenced herein or set forth on
the Site or App or in connection with certain purchases, products, or services is held to
be invalid, void or unenforceable for any reason, such provision will be struck and the
remaining provisions will remain enforceable. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope or extent of such section.
SEE SECTION 21 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS
SECTION 18.
19. Survival
The provisions regarding the parties’ rights and obligations with respect to
indemnification, intellectual property, and dispute resolution, as well as any other
provisions necessary to interpret the respective rights and obligations of the parties
under these Terms of Use, will survive the expiration or termination of these Terms of
Use.
20. Disputes
Except as otherwise expressly set forth in these Terms of Use, any dispute, claim
or controversy at law or equity relating in any way to these Terms of Use, the
Materials, our Privacy Policy, or other policies or terms referenced herein or set
forth on the Site or App, or any purchases made, or products or services sold or
distributed by FLIX, through the Site or App, your use of the Site or App, or any
dispute of any sort that might arise between you and FLIX (each a “Claim”) that
cannot be resolved informally or in small claims court will be resolved by binding
arbitration, rather than in court, except that you may assert claims in small claims
court if your claims qualify. In order to expedite and control the cost of disputes, you
and FLIX agree that any Claim will be resolved as follows:
A. Informal Resolution:
Most disputes can be resolved informally. The parties agree to use their best efforts to
settle any dispute, Claim, question, or disagreement directly through consultation with
FLIX, and good faith negotiations will be a condition to either party initiating a lawsuit or
arbitration. Before either party may seek arbitration, the party must first send to the
other party a written Notice of Dispute (“Notice”) describing the nature and basis of the
Claim and the requested relief. A Notice to FLIX should be sent to Flix Entertainment
LLC, 555 West Round Rock Dr. Bldg D Suite 100, Round Rock, TX, 78681, or by email
to ceo@flixbrewhouse.com. After the Notice is received, you and FLIX may attempt in
good faith to resolve the Claim informally. If the Claim has not been resolved in the
ordinary course of business within 60 days of the date of the receipt of the Notice, the
parties agree that prior to attempting to resolve the Claim by arbitration, as set forth
below, they will attempt to settle the dispute in good faith by mediation. The parties will
use the then-current American Arbitration Association’s Commercial Mediation
Procedures, or any other mediation procedure to which the parties agree, which
procedure will be non-binding and confidential unless otherwise agreed upon by the
parties.
SEE SECTION 21 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS
SUB-SECTION 20(A).
B. Formal Resolution by Binding Arbitration:
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR
RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that
any dispute, controversy or claim arising out of or relating to these Terms of Use or
other policies or terms referenced herein or set forth on the Site or App or in connection
with certain purchases, products, or services, the applicability of these Terms of Use, or
other policies or terms referenced herein or set forth on the Site or App or in connection
with certain purchases, products, or services, to the use of the Site or App, or use or
purchase of any tickets or other products or services on or in connection with the Site or
App, or to breach or enforcement, interpretation or validity of these Terms of Use or
other policies or terms referenced herein or set forth on the Site or App or in connection
with certain purchases, products, or services, or the determination of the scope or
applicability of arbitration will be governed solely by the Federal Arbitration Act.
If the parties do not reach an agreed-upon solution within a period of 60 days from the
time mediation is initiated under the Informal Resolution provision above, then either
party may initiate binding arbitration as the sole means to resolve Claims, subject to the
terms set forth below. BY AGREEING TO ARBITRATION, BOTH YOU AND FLIX
UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE DECIDED BY AN
ARBITRATOR AND THAT YOU ARE WAIVING YOUR RIGHTS TO MAINTAIN
OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR
ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. Instead of suing in court,
both you and FLIX each agree to settle disputes (except certain small claims or as
otherwise set forth in these Terms) only by arbitration. The rules in arbitration are
different. There is no judge or jury, and review is limited, but an arbitrator can award the
same damages and relief, and must honor the same limitations stated in these Terms of
Use as a court would.
(1) Binding Arbitration: Arbitration will be initiated through the American Arbitration
Association (“AAA”), an established alternative dispute resolution provider (“ADR
Provider”) that offers arbitration as set forth in this section. If AAA is not available to
arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the
ADR Provider, the Federal Arbitration Act, and federal arbitration law will govern all
aspects of this arbitration, including, but not limited to, the method of initiating and/or
demanding arbitration, except to the extent such rules are in conflict with the Terms of
Use. If the arbitration is administered by the AAA, it will be administered under the
AAA’s Consumer Arbitration Rules (including without limitation the Supplementary
Procedures for Consumer-Related Disputes, if applicable). The place of arbitration will
be Austin, Texas. To start an arbitration, submit a Demand for Arbitration that complies
with the requirements of the AAA Consumer Arbitration Rules to the AAA and mail a
copy to us. The AAA Consumer Arbitration Rules governing the arbitration are available
online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be
conducted by a single, neutral arbitrator. Any Claims where the total amount of the
award sought is $25,000 or less, the Claims will be resolved through binding non-
appearance-based arbitration unless the arbitrator finds good cause to hold an in-
person hearing instead. For Claims where the total amount of the award sought is more
than $25,000, the right to a hearing will be determined by the ADR Provider’s rules. Any
judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction. Each party will bear its own costs (including attorney’s fees) and
disbursements arising out of the arbitration, and will pay an equal share of the fees and
costs of the ADR Provider, except as otherwise required or allowed by the ADR
Provider’s rules. You acknowledge and agree that we may be entitled to reimbursement
of our AAA, arbitrator’s, and/or attorney’s fees and expenses from you in the event the
arbitrator finds the arbitration frivolous, brought for an improper purpose, or otherwise
determines that we are entitled to such reimbursement.
(2) Additional Rules for Non-appearance Based Arbitration: If non-appearance
arbitration applies, the arbitration will be conducted by telephone, online and/or based
solely on written submissions; the specific manner will be chosen by the party initiating
the arbitration. The arbitration will not involve any personal appearance by the parties or
witnesses unless otherwise mutually agreed by the parties.
(3) Confidentiality: All aspects of the arbitration proceeding, including, but not limited to,
the award of the arbitrator and compliance therewith, will be strictly confidential. The
parties agree to maintain confidentiality unless otherwise required by law. This
paragraph will not prevent a party from submitting to a court of law any information
necessary to enforce this agreement, to enforce an arbitration award, or to seek
injunctive or equitable relief.
(4) Exception: Litigation of Intellectual Property and Small Claims Court Claims:
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either
party may bring enforcement actions, validity determinations or Claims arising from or
relating to infringement, misappropriation, theft, piracy, or unauthorized use of
intellectual property in state or federal court or in the U.S. Patent and Trademark Office
to protect its intellectual property rights (“intellectual property rights” means patents,
copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity
rights). Either party may also bring an individual action in a small claims court for
disputes or claims within the scope of that court’s jurisdiction.
(5) Waiver of Jury Trial: THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO
GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead
electing that all Claims (except as expressly excluded in this Formal Resolution by
Binding Arbitration section) will be resolved by binding arbitration. In the event any
litigation should arise between you and FLIX in any state or federal court in a suit to
vacate or enforce an arbitration award or otherwise, YOU AND FLIX WAIVE ALL
RIGHTS TO A JURY TRIAL (including, but not limited to, any Claims, counterclaims,
cross-claims, or third party claims), instead electing that the dispute be resolved by a
judge. Each of the parties acknowledges that this section is a material inducement for
the other party entering into these Terms of Use.
(6) Waiver of Class or Consolidated Actions: ALL CLAIMS MUST BE ARBITRATED OR
LITIGATED, AS THE CASE MAY BE, ON AN INDIVIDUAL BASIS AND NOT ON A
CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT
BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH ANY CLAIM
OF ANY OTHER CUSTOMER, USER OR PARTY, WHETHER THROUGH CLASS
ACTION PROCEEDINGS, CLASS ARBITRATION PROCEEDINGS,
REPRESENTATIVE ACTION, OR OTHERWISE. THIS MEANS THAT YOU WAIVE
YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS ACTION OR
CONSOLIDATED ACTION WHATSOEVER. Each of the parties acknowledges that this
section is a material inducement for the other party entering into these Terms of Use.
These Terms govern to the extent they conflict with the ADR Provider’s rules, including,
but not limited to, the AAA’s Consumer Arbitration Rules.
C. Time to Bring Your Claim:
ANY CLAIM YOU MAY HAVE DIRECTLY OR INDIRECTLY ARISING OUT OF OR
RELATING TO THESE TERMS OF USE, THE SITE OR APP (INCLUDING THE
PURCHASE OF ANY TICKETS, PRODUCT OR SERVICE VIA THE SITE OR APP, OR
ANY PURCHASE OR USE OF ANY TICKETS, PRODUCT OR SERVICE) MUST BE
COMMENCED WITHIN 1 YEAR AFTER THE CLAIM ARISES; OTHERWISE, SUCH
CAUSE OF ACTION OF CLAIM IS PERMANENTLY BARRED.
SEE SECTION 21 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS
SUB-SECTION 20(C).
21. EXCLUSIONS AND LIMITATION; CONSUMER PROTECTION NOTICE
If you are a consumer, the provisions in these Terms of Use are intended to be only as
broad and inclusive as is permitted by the laws of your State of residence. If you are a
New Jersey consumer, the terms of Sections 12, 13, 14, 15, 18, 20(A), and 20(C) do not
limit or waive your rights as a consumer under New Jersey law and the provisions in
these Terms of Use are intended to be only as broad and inclusive as is permitted by
the laws of the State of New Jersey. In any event, FLIX reserves all rights, defenses and
permissible limitations under the law of your State of residence. Notwithstanding the
foregoing, nothing in this section will modify Section 20(B) (Formal Resolution by
Arbitration).
22. Questions
If you have any questions about these Terms, you can send a request for information to
the following email address: circle@flixbrewhouse.com you can send your request for
information in writing to the following postal address:
Flix Entertainment LLC
Attention: Webmaster
555 West Round Rock Dr.
Bldg D Suite 100
Round Rock, Texas 78681