flik Terms of Service
1. Using Flik: You, the individual user, are responsible for your own use of flik’s Services, the content you post, and any ramifications thereof. You may use our Services only if you can form a binding contract with flik, and only in compliance with these Terms and all applicable federal and state laws. Your use of the Services creates a binding legal agreement between you and flik.
When you create your flik account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is strictly prohibited.
If you open an account on behalf of a business, company, corporation, partnership, organization, or other entity (collectively hereinafter referred to as a “Business”), then (i) “you” includes you personally, as well as that Business, (ii) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms, (iii) you are authorized to bind the Business to these Terms, and (iv) you agree to these Terms on the Business’s behalf. Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Services, and these Terms will apply to such upgrades. If you are using flik for business purposes, you must create a business account and not a personal account.
2. License: flik gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software and applications provided to you by flik as part of the Services offered by flik. The license offered to you, the User, is solely for the purpose of accessing and benefiting from the use of flik’s Services.
3. Posting to flik: flik allows you to post content, including videos, comments, and other materials. Anything that you post, or otherwise make available on our Services, is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to flik. You are hereby strictly and expressly prohibited from posting inappropriate User Content, as solely and exclusively decided as inappropriate by flik, including, but not limited to, pornography, or any other such content flik deems to be inappropriate User Content. Please refer to Section 9 for prohibited content and uses of flik. Any such content shall be immediately removed by flik, and flik reserves the right to deactivate your account if it deems any content posted inappropriate. You grant flik a non-exclusive, worldwide, royalty-free license and right to sublicense, to use, copy, reproduce, process, adapt, modify, public, transmit, display and distribute said Content.
4. flik User Obligations: You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third-party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. flik does not encourage you to share personal information or content that you do not want other Users or third-parties to see or access.
5. flik User Content: Any and all content posted to flik by you, regardless of whether it is publicly or privately posted or transmitted, is the sole responsibility of the individual posting it and from whom it originated. flik will not and cannot take responsibility for any Content that is post. Any use or reliance of the Content posted on the Services obtained by you is at your own risk and flik does not take any responsibility for such use or reliance.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will flik be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
6. flik May Use Your Content: You grant flik a non-exclusive, worldwide, royalty-free license and right to sublicense, to use, copy, reproduce, process, adapt, modify, public, transmit, display and distribute your User Content on flik for the purposes of developing, providing, operating, and using our Services. There are no restrictions as to flik’s use of the content that you post and assumes no responsibility for the content you post to our Services. Any content you post that flik may choose to use will be without compensation to you and can be modified in order to meet flik’s needs or conform to these Terms.
7. flik Will Evolve: The Services that flik provides are always evolving, and as such, the form and nature of the Services that flik provides may change at any time, without prior notice to you. In addition, flik may stop (permanently or temporarily) providing the Services (or any features within the Services) to you, or to users generally, and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
8. Preserving User Content: flik retains the right to keep your User Content following the termination, removal, or suspension of your account for a commercially reasonable period of time for archival and backup purposes. This gives flik the right to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through flik. Any feedback submitted to or provided to flik may also be used without restriction or compensation to you.
9. Restrictions on Content and Use of Service: You cannot post any of the following Content that:
• Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
• Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
• Is a direct and specific threat of violence to others;
• Is furtherance of illegal activities;
• Is harassing, abusive, or constitutes spam;
• Contains pornography, or pornographic images; or
• Is anything illegal.
Essentially, do not post anything that is illegal, offensive, or inappropriate. flik strives to provide Services that will be used in an appropriate manner by you. As a result, flik reserves the right at all times to remove any Content on flik’s Services, in addition to suspend and/or terminate Users or reclaim usernames without any liability to the User.
You agree to not access or attempt to access unauthorized access to flik’s non-public areas of flik’s computer systems, networks, accounts, hosting or connected to flik’s Services. You agree to not to or attempt to dismantle or disable flik’s accounts, Services, networks, servers, and related technology. You agree to not attempt unauthorized access to obtain information to use for your personal benefit or use. You also will not or attempt to modify any part, whether in part or in whole, of the Services.
10. Copyright Policy: flik respects intellectual property rights. If you suspect a User is infringing upon your or another’s intellectual property rights, please e-mail firstname.lastname@example.org with your name, contact information, the content you suspect to be infringing, the content being infringed, other reasonably sufficient information necessary to establish potential infringement, a statement indicting this is a good faith belief the use of material is not authorized by the proper copyright owner, and a statement that under penalty of perjury the information is accurate and you have the proper authority to act on behalf of the copyright owner.
11. Security: Security is a top priority of flik. We do our best to protect our users’ security; however can never guarantee unauthorized access by third-parties who manage to breach our security measures. If you feel your account or content has been compromised, please contact us immediately.
13. Passwords: You are responsible for the safeguarding of your own password. flik requires you to use a “strong” password (i.e. upper/lowercase letters, numbers, symbols and any combination thereof). flik is not responsible for any loss or damage suffered from your failure to comply with these requirements.
14. Terminating Use of flik’s Services: flik may terminate or suspend this license at any time, with our without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 9-15 of these Terms.
15. Disclaimers: The Services and all included content are provided on an “as is” basis and at your own risk. flik does not provide any express or implied warranties. FLIK DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, OR USAGE OF TRADE.
flik is not responsible, and will not take any responsibility, and not assume any liability for any content posted or transmitted by you, other Users, or third-parties to flik’s Services. You are aware, understand, and agree that you may be exposed to other User Content that is not appropriate or you may consider questionable. flik assumes no responsibility that you deem inappropriate or any content from third-party websites, content, or services.
16. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLIK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FLIK OR ITS ENTITIES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
17. Indemnification: You agree to indemnify and hold harmless flik and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Services, (b) your User Content, or (c) your breach of any of these Terms.
18. Resolution: If you have any dispute arising out of flik’s Services or these Terms, you agree to first contact flik to attempt to resolve the issue directly with us informally. If flik has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration. Nothing in these terms shall preclude either party from seeking injunctive and/or equitable relief from the courts located in Cook County, Illinois with respect to intellectual property, unauthorized access and use of flik’s Services, or matters related to data privacy and security. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS OTHERWISE AGREED UPON BY FLIK, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU FURTHER AGREE THAT BY USING FLIK’S SERVICES, WE BOTH AGREE THAT WE EACH WAIVE OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
19. No Waiver: No waiver of any term 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.
20. Jurisdiction/Governing Law: These Terms and any action related thereto arising from these Terms shall be governed by the laws of the State of Illinois, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction and venue of the state or federal courts located in Cook County, Illinois.
If you are a United States federal government agency, your use of flik is subject to the laws of the United States of America, and in the absence of any applicable federal law, the laws of the State of Illinois will control and govern (excluding choice of law).
21. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by flik without restriction. Any attempted transfer of assignment is considered null and void.
23. Revising Terms: flik may revise these Terms from time and time and reserves the right to do so. The most current version of the Terms will be posted to our website. By using flik’s Services, you agree to accept notification of any changes electronically. flik will notify you if a revision in terms will materially affect your use of our Services via the e-mail provided for your User account. You agree, accept, and are bound by the revised terms upon your subsequent use of our Services.