Terms of Service
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE SECTION ENTITLED DISPUTE RESOLUTION.
Effective: 9th July, 2018
These Terms of Service (“Terms”) are a contract between you and Flick Inc. They govern your use of use of the Flick application (the “App”) and any associated services, features, content, or applications we offer through the App (collectively, the “Services”).
By using Flick, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use Flick.
Content rights & responsibilities
You own the rights to the content you create and share on Flick (“User Content”).
You acknowledge and agree that all User Content that you share on Flick is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. By sharing content you didn’t create to Flick, you are representing that you have the right to do so. For example, you are sharing a work that’s in the public domain, used under license (including a free license, such as Creative Commons), or a fair use. You understand that Flick does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
You’re responsible for the User Content you share. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. You agree that you will indemnify, defend, and hold harmless Flick for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
You’re welcome to share content on Flick that you’ve published or shared elsewhere, as long as you have the rights you need to do so. By sharing content to Flick, you represent that doing so doesn’t conflict with any other agreement you’ve made.
We can remove any content you share for any reason.
You can delete any of your User Content, or your account, any time. Processing the deletion may take a little time, but we’ll do it as quickly as reasonably possible. To protect information from accidental or malicious destruction, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
Our content and services
We reserve all rights in the Service. Some parts of Flick are licensed under third-party open source licenses. As for other parts of Flick, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from Flick unless otherwise permitted by law.
You may not do, or try to do, the following: (1) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers; (2) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide; (3) forge any TCP/IP packet header or any part of the header information in any email or sharing, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (4) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.
Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited.
We may change, terminate, or restrict access to any aspect of the service, at any time, without notice.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Our Customer Support Department is available by email, email@example.com, in app, or via the web to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Arbitration Rules and the supplementary procedures for consumer related disputes, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.org or by calling JAMS at +1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Flick will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Flick will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of New York, State of New York, United States of America, and you and Flick agree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FLICK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court 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 seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Flick, Inc.100 Mamaroneck Avenue, Mamaroneck, New York 10543. The notice must be sent within 30 days your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Flick also will not be bound by them.
Flick will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and Flick agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Flick shall be governed by the laws of the State of New York without regard to conflict of law provisions.
Flick is only for people 13 years old and over. By using Flick, you affirm that you are over 13. If we learn someone under 13 is using Flick, we’ll terminate their account.
If you find a security vulnerability on Flick, please email firstname.lastname@example.org.
Incorporated rules and policies
For copyright complaints, please see our DMCA Policy.
By using Flick, you agree to follow these Rules and Policies. If you don’t, we may remove content, or suspend or delete your account.
Disclaimer of warranty. Flick provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None express, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.
Limitation of Liability. Flick won’t be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.
No waiver. If Flick doesn’t exercise a particular right under these Terms, that doesn’t waive it.
Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
Choice of law and jurisdiction. These Terms are governed by New York law, without reference to its conflict of laws provisions. Subject to the dispute resolution clause above, you agree that any suit arising from the Services must take place in a court located in New York, New York.
Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Flick and you concerning the Services.
Questions? Please email email@example.com.