Terms of Use

Last revised March 13, 2015

Thank you for downloading Flikit (the “App”), created by Diamond Studios (hereinafter “Flikit” or “we” or “us“). Please carefully read these Terms of Use (“Terms“) so you understand how we operate this App and www.flikitapp.com (the “App”), what we can offer and how we can work together. Please also read our Privacy Policy and Copyright and IP Policy. By using the App and the Flikit Services, you are agreeing to the Terms and Privacy Policy posted at the time of your visit.

About Us

Flikit offers image, video and sound sharing services (collectively referred to as “Flikit Services“) that are offered via the App, other social media, mobile services and mobile applications.

Our Customers

The App is open to anyone 13 years of age or older, but some of the Flikit Services are only available to registered members (“Members“). You can visit the App without registering and we will consider you a “User.”

Membership Responsibilities

When you become a Member, you agree to the following:

  • You have provided true information when you registered to be a Member;
  • You have given us a valid email address, and we may confirm upon registration, or at any time thereafter, via a confirming e-mail which may require a response to complete your registration or keep it active;
  • You will notify us if something changes;
  • You are 13 years of age or older;
  • You are not breaking any laws when you use the Flikit Services; and
  • You will not violate these Terms as a Member.

If you become a Member, you are responsible for the Content and activities in your account, for protecting your Content with a secure password and not sharing your password with anyone. We recommend using a combination of numbers, symbols and lower and upper case letters to create a secure password.

Flikit reserves the right to terminate your Membership at any time (even if you’ve paid), without warning for any or no reason, with or without prior notice or explanation and without liability, and can even take legal action if needed.

For example, please note that it is our policy to terminate the accounts of Members who repeatedly infringe the intellectual property rights of others. We have a similar policy for Members who violate these Terms or commit illegal acts using the App or Flikit Services—although we may, in our discretion, instead deny, restrict or suspend access to all or any part of the App or Flikit Services or terminate a Member’s account when something similar occurs.

You may cease use of the Flikit Services at any time. Even after you are no longer a Member, you will still be responsible for the promises you have made to us about your Content (defined below). You’ll be responsible for any damages that result from your breaking those promises as further outlined below.

Cost and Pricing

  • Visiting: There is no cost to use the App or to register as a Member.
  • Free account: Each individual Member gets one free account.
  • Public Share Accounts: These are paid accounts that may include more storage or bandwidth as outlined on the App at the point of purchase. If you are a user of one of these services, we consider you a “Paying Member.” All Terms apply unless explicitly stated.
    • Payments, Expirations, Refunds and Cancelations: When you subscribe to the Public Share service, Flikit will automatically charge your credit card monthly or annually depending on your selection.
    • Paying Members can cancel at any time. If you cancel, you will not be charged for any future term of service, and you will continue to receive the service you purchased through the end of the paid term. No refund will be provided.
    • If any fee is not paid in a timely manner, or Flikit is unable to process your transaction using the credit card information provided, we will make an attempt to contact you via the email address you provided and will provide a grace period of 7 days. If your account is still not current after 7 days, Flikit reserves the right, at our discretion, to delete some or all of Your Files so as to reduce your storage space below 2 GB. As a result, we will convert your Public Share Account to a free account (which is subject to the restrictions described in these Terms).

Content Limits

Flikit continues to grow and get better because of users like you (Thank you!). If you are a Member, you can upload files containing images, sound and video (“Content“). However, here are some limitations:

  • Types of Content Limits: At Flikit, we strive to create a place where everyone feels welcome, so please be mindful of others. Broadly speaking, please do not upload Content you didn’t create, that violates somebody else’s rights, demeans another person, is offensive or harassing, seeks personal information or passwords, is a form of spam or that is illegal. We reserve the right to terminate your use for violation of these prohibitions or similar activities.

Content & Privacy

You retain all your rights to any Content you submit, upload or display on or while using Flikit. This means that you own all the Content you post and are responsible for its settings:

    • Although we have created measures to protect your privacy, please be aware that just because something is marked “private,” does not mean that only the people you invite will see it. Users may still be able to find the direct URL for a photo or video through other search mechanisms, and then share or link to it outside the App.
    • Please remember, if you share Content from the App or provide someone with a direct link to Content, others may be able to see it, even if you marked it “private” on the App.
  • When you make your Content public, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, distribute, stream, post publicly display (e.g. post it elsewhere), reproduce and create derivative works from it (meaning things based on it), anywhere, whether in print or any kind of electronic version that exists now or is later developed, for any purpose, including a commercial purpose.
  • By making your content public, you are also giving other Members on Flikit the right to copy, distribute, publicly perform, publicly display, reproduce and create derivative works from it via the App, third party Apps or applications (for example, social media apps), provided such use is not for a commercial purpose.
  • By uploading, you are confirming that the Content is yours—no one else’s—and that the uploading and use of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or human rights of somebody else. If we learn that you are infringing others’ rights or are using Content that is not yours, Flikit has the right to remove this Content and you agree that you are responsible for any costs associated with the infringement.
  • Flikit may manipulate your Content to offer the Flikit Services (including transcoding and/or reformatting Content) to allow its use throughout the Flikit Services.
  • Flikit has the right to place advertising, promotions, notifications or identifiers and watermarks on or near your Content, and how and what are up to us.
  • Flikit may moderate Content. However, we are not responsible for what you have uploaded and we are under no obligation to modify or remove any inappropriate Content.
  • In order to continue to improve the App and Flikit Services, we may use software and other things on the App that we own or that have been licensed to us (“Flikit Software”). Flikit has also created the look, feel and architecture of the App and has posted certain images and videos (“Flikit Content”). Together the Flikit Content and Flikit Software are the “Flikit Materials.” Flikit Materials are ours and remain ours. Except in viewing the App, you agree that you will not copy, distribute, publicly perform, publicly display, reproduce or create derivative works from the Flikit Software. If you follow these Terms, you are entitled to use and display the Flikit Content the same way you would use other Public Content on the App.

Limits on Use

  • It is a violation of these Terms to disrupt the App or the way it functions, interfere with other Users’ enjoyment of the App or Flikit Services or use the App to deceive, harass or solicit people.
  • It is also a violation to scrape the App, fusker files or otherwise make any use of data mining, robots or similar data gathering and extraction tools.
  • It is up to Flikit whether to terminate your use for violation of these prohibitions or similar activities.

Other Important Guidelines

  • You are solely responsible for your interactions with other Members. Nonetheless, we reserve the right, but are not obligated, to intervene for the benefit of the App and Flikit Services.
  • These Terms and the Privacy Policy can change. Again, please carefully read this document and our other policies. We may announce if any “big” changes are made, but so long as you’ve used the App after the change, regardless of any separate notice, you agree to the current posted version of the Terms.
  • Our App is hosted in the US. There may be more or fewer protections for you in your country than here.
  • Software available in connection with the App and services offered through the App (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Flikit Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
  • These Terms are governed by, and interpreted in keeping with, the laws of the State of Alabama, regardless of any conflict of law provisions. You and Flikit agree to submit to the exclusive jurisdiction of the courts located within the State of Alabama to resolve any dispute arising out of the Agreement or the Flikit Services. YOU AND FLIKIT HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
  • As a Member of Flikit, if you become aware of misuse of the Flikit Services by any person, please email support@tvstuff.com and include a URL at which the material in question may be located. If such misuse includes suspected infringement of copyright or other intellectual property, please follow the Flikit Copyright and IP Policy.
  • You use the App at your own risk and the App and services are provided “AS IS.”
  • We are not saying that the App will meet any of your specific needs or that you will get any particular results if you use the App. We are not responsible for the conduct of other Users’ conduct on- or off-line.
  • We encourage you to always keep backups of your Content. Flikit is not responsible if any of your Content is deleted, or if any modification, suspension or discontinuation of the App or services causes you to lose any Content—even if you’re a Paying Member.
  • While we make an effort to keep the App up and running at all times, we are not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, whether the result of our maintenance of the App or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure of any nature.
  • We are not responsible for advertisements or applications or services that are posted on or through the App, nor do we have any responsibility for the goods or services provided by our advertisers or via other Apps or applications.
  • The App may contain links to other Apps, wholly unrelated to Flikit. If you click on links to third party Apps, you will be leaving our App. When you do, you will be governed by the terms of use and privacy policy of that other App. You should review that App’s terms and policies.

Things to Keep in Mind

Though everything in these Terms and in our Privacy Policy is a binding contract, we need to let you know the following:

  • Limitation on Liability. IN NO EVENT SHALL FLIKIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE FLIKIT SERVICES, EVEN IF FLIKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FLIKIT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FLIKIT FOR THE FLIKIT SERVICES DURING THE TERM OF MEMBERSHIP.
  • Your Indemnity to Us. If you breach any of the representations made herein regarding your rights in the Content, or your uploading of Content violates any of the promises you have made, you agree to indemnify, defend and hold Flikit, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the App and Flikit Services in violation of that and/or arising from any Content that you post on or through the App and Flikit Services.
  • Some Obligations Continue Even After You’ve Gone. Even if you close your account or we terminate your Membership, you will still be responsible for indemnifying us for breaches that took place while you used the App and Flikit Services. Obligations you owed to us and Users of the App, which by their nature are intended to survive closing or termination, will survive.

Contact Us

 

View our Privacy Policy here