Terms of Use

Terms of Use ("Terms")

Created: August 30, 2016

Last Update: September 16, 2016

Latest Update: October 23, 2016

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://www.flackle.com website and the Flackle mobile application (together, or individually, the "Service") operated by Flackle ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Flackle cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Flackle customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Flackle with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Flackle to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Flackle will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

Flackle, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Flackle will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Flackle has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Flackle or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18 or have consent of a parental guardian, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@flackle.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at dmca@flackle.com

Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Flackle and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Flackle.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Flackle.

Flackle has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Flackle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Flackle and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Flackle, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Also you agree to be featured in demonstrations, presentations, campaigns, or other keynotes. You also agree to be featured on the ("Service") front page / login page, which is randomly generated and selected.

Flackle its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

General Regulations (Subject To Change)

We have some general rules on Flackle that all users are required to follow in-order to establish a safe environment and protect our users. By using our ("Service") you agree to these ("Rules") stated and listed below.

  • 1. Harassment & Bullying: The form of hate speech, harassment, bullying, or criticizing other users, groups, individuals, or intellectual beings is prohibited. This includes and is not limited to audio-sent messages, video messages, text messaging, live messaging, and other forms of communication on Flackle.
  • 2. Explicit / Profane Material: No explicit images, posts, or videos. This includes pornography.
  • 3. Minors: Nudity or sexual content involving minors (Under 18) will be subject to removal and can lead to termination. This also includes pictures of minors that are not authorized by a parental guardian of such minor.
  • 3. Invasion of Privacy: Do not post pictures of others without consent. This involves the Minors (3) policy.
  • 4. Real-Life / Online Threats: Intimidation, dares, property or harming an individual is not permitted and will be acknowledged properly, refer to Termination & Removal.
  • 5. Spamming: Purposefully or intentionally using our ("Service") for marketing purposes, soliciting, or promotion of third-party services is not permitted and will be subject to removal. Also but not limited to the use of automatically, or using bots / third-party services to repeatedly use our ("Service") for spamming purposes.
  • 6. Impersonation: This includes impersonating or pretending to be a celebrity, intellectual person, group, organization, business, or individual. This is not allowed and all impersonating accounts or alternate accounts associated with that account are subject to removal and termination of our ("Service").
  • 7. Trademarked & Copyrighted Works: On Flackle we follow UGC Laws and we allow User Generated Content. We are not responsible intellectual property violations. Please refer to DMCA (Digital Millennium Copyright Act) in our Terms for more information. All trademarked and copyrighted works that are reported will be removed.
  • 8. Unlawful Use / Activities: We do not condone, allow, or promote illegal activities on Flackle our ("Service"). All illegal activities and use will be subject to removal and lead to termination, also will be reported towards law enforcement as needed. Refer to our privacy policy.
  • 9. Multiple Accounts Abuse: We do permit multiple accounts or alternate accounts, but if they are used for spamming purposes, bots, or selling of such accounts is not prohibited. We reserve the right to remove any accounts associated to yours.
  • 10. Self-Harm Content: Content which involves suicidal contents, threats, or marks about this topic will be removed. Any posts involving blood & gore will be removed or promoting the acts of drug use or other substances. Including but not limited to, cutting or puncturing skin.
  • 11. Malware & Phishing: Transmitting, sending, or posting malware related files is prohibited. Site injections or breaching our ("Service") is prohibited. Phishing links asking for passwords are not allowed and we suggest all users to click links at your own risk.
  • 12. Selling Accounts & Resell: We are not permitting or allowing anyone to Sell Accounts on Flackle that is related to third-parties or is being used on a third-party service. We legally do not condone or allow resell of our memberships and other services & products.
  • 13. Overuse of Profane / Explicit Language: Our site does have filters that block some explicit languages that are offensive to others. We do not condone or are responsible for your use of the ("Service"). Minor profanity is allowed, but overuse of such language is prohibited.
  • 14. Racial Slurs & Material: Content involving race can and will be considered as hate speech content. We do not allow protest or condone in racial discussions. But we will respect your Freedom of Speech.
  • 15. No vulgar references to drug use, alchohol, self harm, suicidal references, or other such vulgar content. This includes and is not limited to dares and threats involving these topics.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.