Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Website is not intended for users under the age of 13, and Fleaflicker does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required; any information submitted by such users will not knowingly be used, posted, or retained by us.
Your Fleaflicker.com Account
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account.
Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
- Without limiting any of those representations or warranties, Fleaflicker has the right (though not the obligation) to, in Fleaflicker's sole discretion (i) refuse or remove any content that, in Fleaflicker's reasonable opinion, violates any Fleaflicker policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Fleaflicker's sole discretion.
Fleaflicker is a free ad-supported service. Optional paid services such as ad-free browsing and premium editorial content are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Fleaflicker the fee indicated for that service. Payments will be charged on a one-time basis on the day you sign up for an Upgrade and will cover the use of that service for the remainder of the season. Upgrade fees are not refundable.
Copyright Infringement and DMCA
As Fleaflicker asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Fleaflicker.com violates your copyright, you are encouraged to notify Fleaflicker (we prefer to be contacted by E-mail):
Mr. Ori Schwartz
540 President Street
Brooklyn NY 11215
Fleaflicker, Fleaflicker.com, the Fleaflicker.com logo, and all other trademarks, service marks, graphics and logos used in connection with Fleaflicker.com, or the Website are trademarks or registered trademarks of Fleaflicker or Fleaflicker's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fleaflicker or third-party trademarks.
Fleaflicker reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Fleaflicker may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
If you wish to terminate this Agreement or your Fleaflicker.com account (if you have one), you may simply discontinue using the Website.
Disclaimer of Warranties
The Website is provided "as is". Fleaflicker and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fleaflicker nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Fleaflicker, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. Fleaflicker shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
Given that the Flealficker Website is provided for free, you agree to indemnify and hold harmless Fleaflicker, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Fleaflicker and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fleaflicker, or by the posting by Fleaflicker of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County, New York. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fleaflicker may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.