Welcome to the Fliqz, Inc. ("Fliqz") web site – www.fliqz.com – and any other web sites, networks or services owned or operated by Fliqz (the "Fliqz Service").
PLEASE READ CAREFULLY THE FOLLOWING AGREEMENT. BY CLICKING “I AGREE”, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE FLIQZ SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES (AS DEFINED BELOW), AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE FLIQZ SERVICE.
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Eligibility; Registration Information and Password; Fliqz Service Access.
1.1 THE FLIQZ SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE FLIQZ SERVICE BY FLIQZ. BY USING THE FLIQZ SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE FLIQZ SERVICE.
1.2 If you are using or opening an account on the Fliqz Service on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
1.3 You agree that the information you provide to Fliqz on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up–to–date at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
1.4 Subject to your compliance with all the terms and conditions herein, Fliqz grants you permission to use the Fliqz Service as set forth in these Terms.
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Privacy. Your privacy is important to Fliqz. Fliqz’s Privacy Policy is hereby incorporated into these Terms by reference. Please read this policy carefully for information relating to Fliqz’s collection, use, and disclosure of your personal information.
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Prohibited Conduct – BY USING THE FLIQZ SERVICE YOU PROMISE NOT TO:
3.1 Upload copyrighted material not your own or have the legal right to distribute, display and otherwise make available to others - such as TV shows, movies, or music videos;
3.2 Harass, threaten, or defraud other Fliqz Users;
3.3 Upload or send to other Fliqz Users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
3.4 Make unsolicited offers, advertisements, proposals, or send junk mail to other Users;
3.5 Impersonate another person or access another User's account without that person's permission;
3.6 Share Fliqz–issued passwords with any third party or encourage any other User to do so;
3.7 Misrepresent the source, identity, or content of information transmitted via the Fliqz Service; or
3.8 Use the Fliqz Service for any illegal purpose.
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Individual Features and Services. When using the Fliqz Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
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Modification of the Terms; Modification of Fees.
5.1 Fliqz reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Fliqz Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective 30 days after they are initially posted on the Fliqz Service.
5.2 Certain products and services on the Fliqz Service have fees associated with them. Please see the terms associated with such products or services for more information.
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Prohibited Uses.
6.1 Access to the Fliqz Service from territories where its contents are illegal is prohibited. The Fliqz Service is designed for customers in the United States. Those who choose to access the Fliqz Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
6.2 Any use of any of the Fliqz Service other than for private, non–commercial use is strictly prohibited. As a condition of your use of the Fliqz Service, you will not use the Fliqz Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Fliqz Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Fliqz Service. You may not attempt to gain unauthorized access to the Fliqz Service, or any part of them, other accounts, computer systems or networks connected to the Fliqz Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Fliqz Service or any activities conducted on the Fliqz Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Fliqz Service. You agree neither to modify the Fliqz Service in any manner or form, nor to use modified versions of the Fliqz Service, including (without limitation) for the purpose of obtaining unauthorized access to the Fliqz Service.
6.3 The Fliqz Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Fliqz Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Fliqz Service.
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Feedback. If you provide Fliqz with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Fliqz Service (“Feedback”), Fliqz shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Fliqz Service and the right to assign, license or otherwise use the Fliqz Service. You hereby grant Fliqz a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
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Termination.
8.1 By Fliqz. You agree that Fliqz, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Fliqz or use of the Fliqz Service and remove and discard all or any part of your account or any content uploaded by you, at any time. Fliqz may also in its sole discretion and at any time discontinue providing access to the Fliqz Service, or any part thereof, with or without notice. You agree that any termination of your access to the Fliqz Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Fliqz will not be liable to you or any third–party for any such termination. Fliqz does not permit copyright infringing activities on the Fliqz Service and reserves the right to terminate access to the Fliqz Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Fliqz Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Fliqz may have at law or in equity.
8.2 By you. You may terminate your account, this Agreement and your right to use the Fliqz Service at any time and for any reason or no reason, by contacting Fliqz customer support at 888-323-5479.
8.3 Fees. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Fliqz Service before termination, including any outstanding subscription fees.
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Ownership; Proprietary Rights. The Fliqz Service is owned and operated by Fliqz. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Fliqz Service provided by Fliqz ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Fliqz Service are the copyrighted property of Fliqz or its subsidiaries or affiliated companies and/or third–party licensors. All trademarks, service marks, and trade names are proprietary to Fliqz or its affiliates and/or third–party licensors. Except as expressly authorized by Fliqz, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
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Third–Party Sites, Products and Services; Links.
10.1 The Fliqz Service may include links to other web sites or services solely as a convenience to Users ("Linked Sites"). Fliqz does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Fliqz makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
10.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Fliqz Service are solely between you and such advertiser. YOU AGREE THAT FLIQZ WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE FLIQZ SERVICE.
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Notice. Except as explicitly stated otherwise, legal notices will be served on Fliqz's national registered agent or to the email address you provide to Fliqz during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
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User Disagreements. You alone are responsible for your involvement with other Users. Fliqz reserves the right, but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, you irrevocably and forever release Fliqz (and Fliqz's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH I KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
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Disclaimers; No Warranties.
13.1 THE FLIQZ SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FLIQZ SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FLIQZ, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT OF PROPRIETARY RIGHTS.
13.2 FLIQZ, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FLIQZ SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FLIQZ SERVICE WILL BE UNINTERRUPTED OR ERROR–FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FLIQZ SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FLIQZ SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.3 FLIQZ, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE FLIQZ SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FLIQZ SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FLIQZ NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE FLIQZ SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
13.4 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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Indemnification; Hold Harmless. You agree to indemnify and hold Fliqz, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Fliqz Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Fliqz reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
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Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
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Limitation of Liability and Damages.
16.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FLIQZ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD–PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE FLIQZ SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE FLIQZ SERVICE, OR ANY OTHER INTERACTIONS WITH FLIQZ, EVEN IF FLIQZ OR A FLIQZ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FLIQZ'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16.2 IN NO EVENT WILL FLIQZ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD–PARTY PARTNERS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE FLIQZ SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE FLIQZ SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
16.3 THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN FLIQZ AND RECEIVED THROUGH OR ADVERTISED ON THE FLIQZ SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE FLIQZ SERVICE.
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Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Fliqz Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Fliqz Service are covered by a single notification, a representative list of such works at the Fliqz Service;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fliqz to locate the material;
(iv) Information reasonably sufficient to permit Fliqz to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Fliqz's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at 1266 66th Street, Emeryville, CA 94608 or by email at copyright@fliqz.com. For clarity, only DMCA notices should go to the Fliqz Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Fliqz customer service through service@fliqz.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
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Miscellaneous.
18.1 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
18.2 Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Fliqz will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
18.3 Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
18.4 Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Fliqz without restriction.
18.5 Survival. Sections 3, 5, 6, 7, 8, 9, and 11 through 18 will survive any termination of these Terms.
18.6 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
18.7 Entire Agreement. This is the entire agreement between you and Fliqz relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Fliqz as set forth in Section 5 above.
18.8 Claims. YOU AND FLIQZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE FLIQZ SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18.9 Disclosures. The services hereunder are offered by Fliqz, Inc., located at: 1266 66th Street, Emeryville, CA 94608 and email: service@fliqz.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.