Please read these Terms of Service (“Terms”) carefully as they form a contract between you and Flikflix. In these Terms, the word “you” means you, the user of the mobile application, website or other products or services offered by Flikflix (collectively, the “Services”), and the words “we” “us” and “our” means Flikflix LLC, doing business as Flikflix. By downloading, accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
Revised Terms: We may change or modify these Terms at any time, in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services.
Who Can Use Flikflix: Flikflix is intended for use by people who are 13 years of age or older. Persons under the age of 13 are
prohibited from creating Flikflix accounts without the prior consent of a parent or legal guardian. You
affirm that you are either: (1) more than 18 years of age, or an emancipated minor (such as being in the
military), or (2) are at least 13 years of age, possess legal parental or guardian consent, and are fully able
and competent to enter into the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm
that you have not been previously suspended or removed from the Services.
We may, in our sole discretion, refuse to allow any person or entity to use the Services. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
In addition to these Terms, you further agree to abide by any third-party terms that apply when posting any comments regarding Flikflix, including the iTunes App Store Terms of Service.
Account Registration and Security: In order to use Flikflix, you’ll first need to have an Apple ID. As an important part of using Flikflix, if
asked, you represent and warrant that you will provide accurate, current and complete information
(including information about you and any other authorized users) in any registration or other account-
related forms we may ask you to complete (the “Registration Information”). You also agree to maintain
the security of your username and password. You also agree to maintain, and promptly update your
Registration Information to keep it accurate, current and complete.
You can only have one account with Flikflix. In addition, you may not use a name or other account information that belongs to someone else. You also can’t use a username that is offensive or just in bad taste, or that infringes on anyone else’s trademarks, or other proprietary interest.
The confidentiality of your username and password for your account with Flikflix is your responsibility and you are solely responsible for activities in your Flikflix account. You agree that you will not share your log-in credentials (including your password) with others, or do anything else that might jeopardize the security of your account. You also agree to notify us immediately of any unauthorized or improper use of your password and/or your account. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your permission or knowledge. When you first create a Flikflix account, we may ask for your mobile number in order to verify your account. Please be aware that your carrier’s text messaging fees apply for mobile number verification.
When you create an account with Flikflix and use the Services, or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices through the Flikflix application. The types of communications we may send you include, but are not limited to, an email welcoming you to the Flikflix community, communications regarding a request by you to reset your password, and emails regarding news or perhaps some goods or services that we think might interest you. 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.
The Data That We Collect: By using the Services, you agree to let us collect information about your use of the Services.
License to Access and Use Flikflix: Subject to the terms of these Terms: (i) Flikflix hereby grants you a non-exclusive, non-transferable,
revocable, worldwide license (without the right to grant sublicenses) to access through the Flikflix
application via a Apple Keychain and/or an assigned username and password, and use the Services
solely for your personal use. You are not allowed to use Flikflix for any commercial purpose.
You will not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make the Services, in whole or in part, available to any third party; (ii) attempt to access the source code of the Services, (iii) modify or make derivative works based upon the Services; (iv) reverse engineer or reverse compile any part of the Services; (v) access the Services in order to design, develop, build, market or support a competitive product or service; (vi) design, develop, build, market or support a product using similar ideas, features, functions or graphics of the Services; (vii) incorporate any portion of the Services into Your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, or distribute the Services, in whole or in part.
Subject to the rights granted to you above, Flikflix and its licensors and suppliers own and retain all right, title, and interest in and to the following (collectively, “Flikflix Property”): (a) the Services, and all other software, hardware, technology, documentation, and information provided by Flikflix in connection with the Services; (b) all ideas, know-how, and techniques that may be developed, conceived, or invented by Flikflix; and (c) all worldwide patent, copyright, trade secret, trademark and other of Flikflix’s intellectual property rights in and to the Services.
The Services incorporate, access or utilize certain software and technology not developed or owned by Flikflix, but instead is provided by third parties (“Third Party Elements”). You acknowledge that Flikflix shall have no liability or responsibility for the operation or performance of any such Third Party Elements and Flikflix will not be liable for any damages, costs or expenses, direct or indirect, arising out of the performance or failure of any such Third Party Elements to perform as intended.
Our Content: Unless otherwise stated, all materials contained on or within the Services, including, but not limited to,
text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other
materials (collectively, “Flikflix Content”), as well as their selection and arrangement, are protected by
copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use
of Flikflix Content may violate such laws and these Terms. Except as expressly provided in these Terms,
we do not grant any express or implied rights to use Flikflix Content. You agree that you will not copy,
reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in
any sale of Flikflix Content. Nor will you rent, lease, loan, assign, distribute, license, sublicense, or exploit
in any way, directly or indirectly, in whole or in part, Flikflix Content, the Services or any related software,
except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and the Flikflix Content. This license is revocable at any time. This license is subject to these Terms and does not include:
● The distribution, public performance or public display of Flikflix Content;
● Modifying or otherwise making any derivative uses of the Services or Flikflix Content, or any portion thereof; ● Use of any scraping, data mining, robots or similar data gathering or extraction methods;
● Downloading (other than page caching) any portion of the Services, Flikflix Content or any information contained therein, except as expressly permitted on the Services;
● Accessing the Services with an unauthorized or third-party client; and
● Any use of the Services or Flikflix Content other than for their intended purposes.
Any use of the Services or Flikflix Content other than as specifically authorized in these Terms, without our prior written permission is strictly prohibited and we reserve the right to terminate your license to use the Services granted in these Terms, for any unauthorized use of Flikflix Content.
Your Content: As part of your Flikflix experience, you may be able to make postings through your account, so you can
share your experience with the rest of the Flikflix community. Your postings can take the form of fliks
(ratings), comments, suggestions, photographs, video clips and other items you create and elect to
share with the Flikflix community (collectively, “Your Content”).
In order to allow us to publish Your Content on Flikflix, you hereby grant us a non-exclusive, worldwide right (i) to use and display Your Content that you upload while you use the Services, and (ii) to create aggregated or redacted forms of Your Content that do not identify you (“Aggregated Content”) for Flikflix’s use in operating the Services.
Flikflix does not obtain any rights under these Terms from you to any of Your Content. You represent and warrant to Flikflix that: (a) you own all right, title, and interest in and to Your Content, and (b) you have all rights in Your Content necessary to grant the rights contemplated by these Terms. We may disclose Your Content to provide the Services to you, or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
Some areas of the Services may allow you to share Your Content with others in the Flikflix community. Even though you retain all ownership rights in Your Content, there are many things that a user or recipient of Your Content can do with Your Content. For example, a recipient of Your Content may copy it, modify it, re-share it, or broadcast it. You agree that Flikflix has no responsibility for that activity. In addition, you acknowledge and agree that publishing Your Content through the Services is no substitute for registering Your Content with the U.S. Copyright Office, or any other rights organization. Please consider carefully how you publish Your Content and your audience.
The Services may allow you to post comments and other communications regarding content posted by other Flikflix users. So long as your comments are not illegal, objectionable, defamatory, obscene, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to others, you may post comments. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments. Flikflix reserves the right (but not the obligation) to remove any comments posted through the Service, but Flikflix does not regularly review all posted content.
If Someone Infringes on the Intellectual Property Rights of Another on or through Flikflix: Flikflix respects the intellectual property rights of others. In accordance with the Digital Millennium
Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of, upon notice, restricting
access to, or deleting content that infringes on a third party’s copyright and, in appropriate
circumstances and in our sole discretion, terminating account holders or other users of the Services who
are deemed to be repeat infringers of a third party’s copyrighted work. If you believe that anything on
the Services infringes any copyright that you own or control, you may file a notice of such infringement,
in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent:
Attn: Copyright Agent
PO Box 3058
Dana Point, CA 92629
Some Things You Can’t Do As A Flikflix User: In addition to the other restrictions outlined in these Terms, you agree that you will not:
● Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
● Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
● Compromise the security of the Services;
● Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
● Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
● Reverse engineer any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
● Use or attempt to use another user’s account without authorization;
● Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/ features of the Services that you are not authorized to access;
● Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
● Engage in any harassing, intimidating, predatory or stalking conduct;
● Develop any third-party applications that interact with the Services, without our prior written consent; and
● Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms or applicable law.
Changes to Flikflix: We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
Disclaimer: THE SERVICES AND THE FLIKFLIX CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE FLIKFLIX ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.
Indemnification: By agreeing to these Terms you agree to indemnify, defend and hold harmless Flikflix, our managing members, shareholders, directors, employees, affiliates, licensors and suppliers (the “Flikflix Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any of Your Content that you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.
Limitation of Liability: Except where prohibited by law, in no event will Flikflix or the Flikflix Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Flikflix has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Flikflix for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Flikflix is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, Flikflix’s liability shall in no event exceed one dollar ($1.00). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Reservation of Rights: Flikflix reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of these Terms. Our failure to enforce these Terms in every instance in which we are entitled does not amount to a waiver of our rights.
Arbitration: PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO
ARBITRATE DISPUTES WITH FLIKFLIX AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF
You and Flikflix agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Flikflix are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Flikflix agree (a) that any arbitration will occur in Orange County, California; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of Orange County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
WHETHER ANY DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND FLIKFLIX WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
Forum and Venue: A lawsuit, if any, by you or Flikflix against the other will occur in state or federal court in Orange County, California. You and Flikflix agree that the jurisdiction and venue of these courts is exclusive.
Applicable Law: Any dispute between you and Flikflix will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
Severability: If any provision of these Terms is deemed to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Complete Agreement: These Terms supersede all prior understandings regarding the same and represent the complete agreement between us.
Questions and Comments: We welcomes comments, questions, concerns, or suggestions. Please send feedback to us at email@example.com.
Notice to California Users: Under California Civil Code Section 1789.3, California users of this service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at: 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at: (916) 445-1254 or: (800) 952-5210.
Effective Date: Last updated on October 12, 2017.