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Terms & Conditions

Effective as of January 1, 2021

 

IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR ANY RELATIONSHIP BETWEEN YOU AND US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS AN INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.

 

These Terms constitute a legally binding contract between you and FLIK LLC (“Flik”, “we”, “us” and “our”).  By accessing and using Flik and any other site, application, API or embedded content owned or operated by Flik (the “Services”), you accept and agree to be bound by the following terms and conditions (the “Terms”). 

 

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, including any updates posted here or otherwise communicated to you. You may only use the Service in accordance with these Terms. All rights not expressly granted to you in these Terms are reserved by Flik.  If you do not agree to these Terms, please do not use the Services.

 

  1. Changes to Terms. We may modify these Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.

 

  1. Accuracy of Information. You will be asked to disclose certain information about yourself when you open or confirm your account. You agree to provide us with accurate, complete and up to date information and to keep it updated, complete and correct. 

 

You affirm that you are at least 13 years of age in your jurisdiction and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.

 

Flik makes no representation or warranty about the accuracy or suitability of the User Submissions or other information displayed on the Properties or provided through the Services.

 

  1. Privacy Policy. Our Privacy Policy, which describes how we collect and use information from our users, is available within the mobile application, at JoinFlick.com or by emailing support@JoinFlik.com.

 

  1. Community Policy: You must be courteous and respectful of others’ opinions, and you must not post unwelcome, aggressive, suggestive or otherwise inappropriate remarks directed at another member of the Service. You agree to comply with our Community Policy, available within the mobile application, at JoinFlick.com or by emailing support@JoinFlik.com

 

  1. Service. Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services.

 

You grant us an exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights (including for commercial purposes) on the Service and in other media any content or material that you post on the Service, and any name, likeness, identity and/or avatar under which you post such content. Any content you post to the Service should be original (not plagiarized) and must not infringe anyone else’s intellectual property rights.

 

The Services permit you and other users to submit Information (individually and collectively, “”). The person submitting a User Submission, and not Flik, is solely responsible for that person’s User Submission and the consequences of submitting it. You acknowledge and agree that Flik has no obligation to pre-screen your or any other person’s User Submissions.

 

  1. Prohibited Use.  You agree that when using the Services, you will not:

 

  1. reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).

 

  1. access, download, monitor, or copy any information or content contained on or in the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that Flik does not intentionally make available through the Services.

 

  1. harvest information about users for any purpose.

 

  1. use or access the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Flik, its service providers, suppliers, other users or any other person.

 

  1. use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Services or any other systems connected to the Services).

 

  1. post, submit or link to any User Submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state or local law, rule or regulation

 

  1. post, submit or link to any User Submissions or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Flik.

 

  1. post, submit or link to any User Submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.

 

  1. Copyright.  If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notification to Flik at the address below, with the following information:

 

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest,

  2. identification of the copyrighted work claimed to have been infringed,

  3. a description of where the material that you claim is infringing is located within the Services,

  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address,

  5. a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and

  6. a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.

 

Notification pursuant to the DMCA should be submitted to:

 

Flik LLC

P.O. Box 106

Short Hills, NJ 07078

support@JoinFlik.com

 

  1. Warranty Disclaimer. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FLIK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH FLIK, USERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.

 

  1. Limitation of Liability. IN NO EVENT WILL THE FLIK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, FLIK, USERS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FLIK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL THE COLLECTIVE LIABLITY OF FLIK ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, FLIK, USERS OR OTHER THIRD PARTIES EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE PAID TO FLIK FOR USE OF THE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR (B) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FLIK, TEN DOLLARS. Any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.

 

  1. Indemnity. You agree to indemnify, defend and hold harmless Flik from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including but not limited to attorney’s fees) due to or arising out of (1) your access to or use of the Services, (2) your use of, or transactions with, Flik, Flik users or other third parties, or (3) any other violation by you of any of these terms. Flik reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Flik in asserting any available defenses.

 

  1. Arbitration, Venue, Governing Law, and Attorneys’ Fees. Any controversy or claim arising out of or relating to these Terms, the Privacy Policy, your access to or use of the Services or any relationship between us, including but not limited to the validity, applicability or interpretation of these terms or the privacy policy (any of these, a “Dispute”), including any dispute regarding the scope or enforceability of this arbitration provision, shall be settled exclusively by arbitration administered by the American Arbitration Association in accordance with its then-current Commercial Arbitration Rules (“AAA Rules”), and judgment on the award may be entered in any court having jurisdiction. The place of arbitration shall be New York City before a panel of three arbitrators. Pursuant to the Emergency Rules of Protection of the AAA Rules, either party may apply to the arbitrator(s) seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. The cost of arbitration shall be borne equally by both parties and each party shall be responsible for its own attorneys’ fees and expenses, provided that the prevailing party in the arbitration shall be entitled to recover all reasonable attorneys’ fees and expenses. Neither a party nor an arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both parties. The parties agree the United States Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to this arbitration provision. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in New York County, New York.  You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any such proceeding. These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its choice of law rules.

 

  1. Class Action Waiver. ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PROPERTIES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

 

  1. Assignment. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Flik’s prior written consent, but may be assigned by Flik without restriction and without notice to you.

 

  1. Entire Agreement and Severability. These Terms constitute the entire agreement between you and Flik concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Flik with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.

 

  1. Amendments / Waiver. We reserve the right to amend these Terms at any time and may also add new features that will be subject to these Terms. If these changes are material, we will communicate the changes to users, and by continuing to use the Service, you agree to be bound by the changes. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Flik’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

  1. Modification of Services. We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.

 

  1. Third-party applications. We may provide a platform for third parties’ applications, websites and services to make products and services available to you (“Third Party Applications”) and your use of any Third Party Applications will be subject to their terms of use. You agree that we will not be liable for the behavior, features or content of any Third Party Applications.

 

  1. Termination; No Right to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to block or prevent any user’s future access to and use of the Services, for any at any time and for any reason (including but not limited to those specifically described in these Terms).

 

  1. Technical support and malfunctions. We will try to promptly address (during normal business hours) all technical issues that arise on the Service. However, we will not be liable for any loss suffered as a result of any partial or total breakdown of the Service or any technical malfunctions.

 

  1. Contact. If you have any questions about these Terms, please contact us at:

 

Flik LLC

P.O. Box 106

Short Hills, NJ 07078

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