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: 19th May, 2021
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 or connected, including but not limited to Flick’s BitClout node, and other 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 or use Flick to access or interact with your BitClout account or wallet.
Additionally, while Flick allows you to interact with BitClout, and provides enhanced content related to BitClout, BitClout is a separate service, subject to separate terms and conditions and provided by a different company. Accessing certain Flick services and features require you to have a BitClout wallet and to agree to BitClout’s terms and policies. To learn more about BitClout and review its terms and policies, visit www.bitclout.com.
Please note: Apple Inc. are in no way linked or associated with the Flick app.
Flick provides Services that allow you to access certain content and features provided through BitClout, that require the purchase of BitClout cryptocurrency and/or a BitClout wallet.
Transactions involving digital assets like BitClout coin involve substantial risks. Before using Flick’s services, creating a BitClout wallet, or purchasing BitClout to unlock features or content provided through Flick, you must consider whether using those Services is suitable for you in light of your financial circumstances. The value of digital assets like cryptocurrency fluctuates, and may become worthless. Cryptocurrency is not legal tender. The past value or performance of a digital asset is not an indicator of its future value or performance. You agree that Flick is not responsible for any loss of a digital asset, or any losses arising from theft, loss, or mishandling of any digital asset, including but not limited to BitClout coin, outside of Flick’s sole control. There is no assurance that a person that accepts cryptocurrency as payment today will continue to do so in the future.
Additionally, cryptocurrencies are not insured by the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SIPC) or any other public or private insurer, including against cyber theft or theft by any other means. The nature of cryptocurrency may lead to an increased risk of fraud or cyber-attack and your cryptocurrency value may be irretrievably lost or stolen. Transfers or transactions in cryptocurrency is irrevocable an irreversible. Cryptocurrency assets are not regulated in many states.
Flick is not an investment service and does not provide investment advice. No information on the site, including but not limited to information provided by Flick, should be considered a substitute for professional investment advice. You agree that you may not use the contents of Flick’s site or services or User Content (defined below) to make investment decisions.
Flick is not a digital asset market and does not make any representations or warranties as to the value (real or perceived) of digital assets of any type, including but not limited to BitClout coin. Flick may provide information regarding the price of digital assets, it does not make any representations or warranties regarding the truth, usefulness, suitability, quality, accuracy, or completeness of that data, and you should not rely on such pricing data provided by Flick for any reason. You must independently verify any such information from a reputable source before relying on pricing information. Digital asset values are often volatile and may change instantaneously. Flick is not responsible or liable for any losses incurred by using or transferring digital assets in connection with or based on information you have received through our Services.
If you provide premium content to your BitClout Coin owners through Flick, you are a Creator. If you are a BitClout Coin owner using Flick to access premium content provided by Creators, you are a Viewer.
Creators may offer content to Viewers that have purchased a specified amount of the Creator’s BitClout Coin. The amounts required are entirely within the Creator’s discretion. Creators may change the require amount of BitClout required to access content at any time through their Flick accounts.
If a Viewer has a dispute with a Creator, you agree that Flick has no obligations to either party other than direct inquiries regarding a Creator’s premium content to the appropriate Creator. Flick shall have no liability or responsibility to provide premium content on a Creator’s behalf or in any way fulfill the terms of a Creator’s agreement with their Viewers.
Content Rights & Responsibilities
You own the rights to the content you create and share on and through Flick (“User Content”), including content shared through Flick using BitClout. You acknowledge and agree that all User Content that you share on or through 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, the BitClout service or 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 or Share through Flick. 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, if 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 or, for content shared through BitCloud, hide that content from public view and prevent its display through Flick’s service. .You can delete (or in the case of content shared through BitCloud, hide) any of your User Content, or your account from Flick at, any time. Processing the deletion may take a little time, but we’ll do it as quickly as reasonably possible. Please note, however, that BitClout content is stored on the blockchain, and you may not be able to delete that content from BitClout.
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. As a user of Flick you recognise and agree that you are solely responsible for your User Content and the consequences of sharing it or otherwise making it available on the Service. As a user of Flick you agree not to post content that some viewers may deem inappropriate such as: Information that contains obscene expressions or nude images; Information that is fraudulent, false or self-deceiving or that leads to misunderstanding;Information that furthers discrimination, prejudice, racial discrimination, hatred, harassment or infringement of individuals or associations; Information that is violent or intimidating, or that furthers violence or intimidating act to others; Information that infringes the patent right, model utility right, design right, trademark right, copyright, portrait right or any other right; Information that violates laws and regulations or furthers violating act; Any other information that is deemed inappropriate by the Company.
As a user of Flick you understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of or relating to any User Content. If you see any content on Flick that you deem offensive or inappropriate please use the Feedback button on the live streaming page and send us an email outlining the inappropriate content or conduct that breachers our terms of service.
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, firstname.lastname@example.org, 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 17 years old and over. By using Flick, you affirm that you are over 17. If we learn someone under 17 is using Flick, we’ll terminate their account.
If you find a security vulnerability on Flick, please email email@example.com.
Incorporated Rules and Policies
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 or any connected or associated services, including but not limited to Flick’s BitClout node or BitClout. This includes if the Services or any connected or associated 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.
If Flick doesn’t exercise a particular right under these Terms, that doesn’t waive it.
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.
These Terms (including any document incorporated by reference into them) are the whole agreement between Flick and you concerning the Services. If you have any questions please email firstname.lastname@example.org.
You are responsible for any applicable national, state, local, sales, or use taxes, value added taxes, or similar taxes or fees payable in connection with your use or redemption of Pixels. If you do not pay such taxes, you will be responsible for the tax liability if the transaction is later determined to be taxable, and Flick reserves the right to collect taxes or other fees from you at any time.
Any violations or attempted violations of this Policy or Flicks’ terms, by you (or any third party acting on your behalf) are a material breach, and may subject your account to termination.
Violations of this policy or Flick’s terms may result in civil or criminal liability, and Flick, in its sole discretion, in addition to any remedy that it may have at law or in equity, may immediately terminate permission for you to use Pixels. Flick may bring legal action to enjoin violations and/or collect damages caused by any violation of its policies or terms.
Flick’s decision not to enforce this AUP in every instance in which it might have application does not amount to a waiver of Flick’s rights.