Terms and Conditions
Welcome to FlickQuick. Please read on to learn the rules and restrictions that govern your use of our mobile
application, FlickQuick application, the FlickQuick service, or any applications made available by FlickQuick
(together, the "Service(s)"). If you have any questions, comments, or concerns regarding these terms or the Services,
please contact us at firstname.lastname@example.org.
Please note that by accessing or using the Services, however accessed, you agree to be subject to the following terms. The Service is owned or controlled by FlickQuick. The following terms and conditions affect your legal rights and obligations. If you do not agree to be bound by all of these Terms and conditions, do not access or use the Service.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to the following Terms and Conditions. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms and Conditions.
Effective date: 12 th June 2015
I. BASIC TERMS
- You must be at least 13 years old to use the Service.
- You may not post, violent, nude, partially nude, discriminatory, defamatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, FlickQuick prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to FlickQuick upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other FlickQuick users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or FlickQuick.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any FlickQuick page is rendered or displayed in a user's device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of the Terms or any other FlickQuick terms.
- Violation of the Terms may, in FlickQuick's sole discretion, result in termination of your FlickQuick account. You understand and agree that FlickQuick cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of the Terms, or otherwise create risk or possible legal exposure for FlickQuick, we can stop providing all or part of the Service to you.
II. GENERAL CONDITIONS
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate/terminate your FlickQuick account by going to our settings tab and clicking on Log out/delete profile. If we terminate your access to the Service or if you deactivate your account, and all the data related to your account e.g. photos, comments etc. will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but we will store your username, email address and mobile phone number. If you have contributed to any event by sharing pictures, those pictures would remain with whoever you have shared pictures and what they do with those photos is not FlickQuick's responsibility. We may store information such as the events you have created, the start and end time as given by you and also which friends you have formed an event with.
- Upon termination, all licenses and other rights granted to you in the Terms will immediately cease.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in the Terms ; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into the Terms in your jurisdiction.
- Although it is FlickQuick's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, FlickQuick reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by FlickQuick, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, FlickQuick encourages you to maintain your own backup of your Content. In other words, FlickQuick is not a backup service and the content you upload on FlickQuick will be deleted after 7 days on completion of the event and you agree that you will not rely on the Service for the purposes of Content backup or storage. FlickQuick will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
III. WARRANTY DISCLAIMER
To the fullest extent permissible by law, neither FlickQuick nor any of its employees, managers, officers or agents (collectively, the "FlickQuick Parties") make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS,"WITH ALL FAULTS" basis and without any warranty of any kind from FlickQuick or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
IV. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FLICKQUICK BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.
You agree to indemnify and hold FlickQuick, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without FlickQuick’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
VII. GOVERNING LAW
The Terms are governed by and will be construed under the laws of the India, without regard to the conflicts of laws provisions thereof. Each of the parties subject to the Terms aforesaid irrevocably agree that the courts of Mumbai shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with the subject matter of these Terms or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of Mumbai.
The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the Parties hereunder, including but not limited to the provisions relating to Indemnity, Disclaimer of Warranties and Limitation of Liability, shall so survive the completion of the performance, cancellation or termination of this Agreement.
You will be responsible for paying withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that FlickQuick may, in its sole discretion do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and FlickQuick agree that these Terms are the complete and exclusive statement of the mutual understanding between you and FlickQuick, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind FlickQuick in any respect whatsoever.