The following describes Flayk’s requirements for using our Software, Services, websites, and mobile Services:
- You agree to provide accurate information.
- You agree to use our Services in an ethical, responsible, and lawful manner.
- You are responsible for your password and user ID, and you need to keep track of who is using your account.
- Flayk respects intellectual property rights and requires our users to do the same.
IMPORTANT – PLEASE READ THE COMPLETE AGREEMENT THAT FOLLOWS:
- Payment Options and Authorization; Payment Terms; Cancellations and Refunds; Taxes
Payment Options. Most purchases of Premium Subscriptions through the Site, the Software, or the Services, or through our designated thirdparty payment provider, will require a valid, accepted, credit card or other payment method that we, or our designated thirdparty payment provider, as applicable, in our or their sole discretion, elect to accept as payment.
Payment Terms. For purchases of Premium Subscriptions through the Site, the Software, or the Services, you authorize us, or our designated third-party payment providers, to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction, including recurring payments to be charged on a monthly and/or annual basis and/or another frequency associated with the subscription plan chosen. If you desire to designate a different form of payment, or if there is a change in your payment information, you must update your user account or your account with our designated thirdparty payment provider, as applicable, to reflect such change. You may experience temporary disruption of your access to the Site, the Software, or the Service while we are verifying new payment information. If you transmit to us, or one of our designated third-party payment providers, a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to us, or our designated third-party payment provider, is true and accurate (including, without limitation, your credit card number, expiration date, and other account information), and you agree to pay all fees you incur.
Changes in the Amount Authorized. If the amount to be charged to you varies from the amount you previously authorized (other than due to the imposition or change in the amount of Sales Taxes (as defined below), if any), we, or our designated thirdparty payment provider, as applicable, shall provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. You agree that we, or our designated thirdparty payment provider, as applicable, may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal; Cancellation of Premium Subscriptions. Unless cancelled as described above, your Premium Subscription, if any, will be automatically extended for successive renewal periods of the same duration as the Premium Subscription term originally selected by you. You may prevent the renewal of your Premium Subscription at any time during the term of Premium Subscription, including any renewal period, by contacting our designated thirdparty payment provider, as applicable. If you do not cancel a Premium Subscription before the auto-renewal date, you will be charged for the amount authorized. Flayk does not offer refunds on authorized payments.
Free Trials and Other Promotions. Any free trial or other promotion that provides premium subscriber-level access to the Site, the Software, or the Service, if any, must be used within the specified time of the free trial or promotion, or if not specified, within six (6) months from the start of the free trial or promotion. At our discretion, we may allow you to continue access to the Site, Software, or Service following the end of the free trial or other promotion, provided that we may change the terms (including whether or not such Site, Software or Services display advertising) and/or fees associated with such access, and at such time, you will be required to elect either to accept such fees or terms or to elect either to accept such fees or terms or your account will be reverted to a Flayk standard account. You may be required to cancel your Premium Subscription before the end of the free trial period or promotional period in order to avoid being charged the then-current, non-promotional Premium Subscription rate and being subject to any new terms. If you cancel prior to the end of the free trial period or promotional period and are inadvertently charged for a Premium Subscription, please contact our designated thirdparty payment provider to have the charges reversed.
- Payments Made Through Partners. The payment methods that we elect to accept for purchase may include one or more payment methods offered by a business partner of Flayk (“Partner”), in which case your payment may be made directly to the Partner and not to us. In such cases, the Partner will be responsible for your payment, including cancellations and refunds, and the terms and conditions associated with your payment will be as set forth in the agreement between you and the applicable Partner.
- Currency. Unless otherwise stated, all fees and charges are quoted and must be paid in U.S. Dollars. Purchases made in currency other than U.S. Dollars shall be made at the exchange rate designated in your agreement with your credit card or other acceptable payment method provider.
- Taxes. Your purchases may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, “Sales Taxes”). In the event that Sales Taxes apply, we, our designated thirdparty payment provider, or a Partner, as applicable, will collect the required Sales Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase. We will not be responsible for any taxes on net income, or other taxes, duties, or tariffs associated with your acquisition, purchase, or possession of Premium Subscriptions, except for Sales Taxes as described in this section or as required by applicable law.
- Grant of Rights; Intellectual Property Rights
- You own all right, title and interest (including all intellectual property rights) in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant the rights in your User Content described herein;
- You have already paid, and you will be solely responsible for paying (to the extent any later become due) all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Site;
- You are the individual pictured and/or heard in your User Content, or, alternatively, you have obtained permission from any and all individuals (including consent from parents or guardians for any individual under the age of eighteen (18)) who appear and/or are heard in your User Content to grant the rights described herein;
- You shall make such permissions available to Flayk and its Partners upon request; and
- Your User Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any thirdparty.
You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of Flayk. You acknowledge that your consideration for the rights you grant under these Terms and Conditions in and to your User Content is, among other things, the tools and functionality provided for your use on the Site and the possibility of Flayk or its Partners (or any of them individually) review or use of your User Content. You will not receive any further compensation of any kind for your User Content and you will not receive credit on or in association with the User Content. Your Public Content will not be acknowledged, returned or held “in confidence” by Flayk or its Partners. We and our Partners reserve the right in their respective sole discretion to remove or not post any User Content, for any reason. We and our Partners have no obligation to inform you of any decision to remove or not post such materials.
- Flayk User Rights
- Trademark; Copyright; Allegations of Copyright and Trademark Infringements; Notification
Flayk is a trademark of rosterdotcom, LLC. The Flayk logo is a trademark of rosterdotcom, LLC. All graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of rosterdotcom, LLC. Any trademarks not owned by rosterdotcom, LLC that appear on the Site or the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by rosterdotcom, LLC. All content and compilation thereof on the Site or the Software, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and the Software, is the property of rosterdotcom, LLC, its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
Flayk respects the intellectual property rights of others and asks that users of the Site, the Software and the Services do the same.
- Usage Guidelines and Restrictions
You are responsible for all information, data, text, messages or other materials transmitted by you via the Site, the Software or the Services. You are responsible for maintaining the confidentiality of your login and account, and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that you will not sell, trade or otherwise transfer your login or account to another party and that you will not, unless otherwise specifically agreed to in writing by Flayk, charge anyone access to any portion of the Site, the Software, or the Services, or any information therein. You agree that you are responsible for anything that happens through your account until you cancel your subscription and close your account or prove that your account security was compromised due to no fault of your own.
Any attempt by you to disrupt or interfere with the Site, the Software, or the Services including undermining or manipulating the legitimate operation of any Site, Software, or Service is a violation of Flayk policy and may be a violation of criminal and civil laws.
The Services are for the personal use of members. You agree not to use the Site, the Software, or the Services to:
- Upload, post, send email to, or otherwise transmit any Public Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses, and URLs), or any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, send email to, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, send email to, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
- Upload, post, send email to, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, links, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
- Upload, post, send email to, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;
- Use any automated means to access the Site or the Services or collect any information from the Site or the Services (including, without limitation, robots, spiders, or scripts); or
- Frame the Site or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
- Mobile Usage
The Site, the Software and the Services include mobile features that allow you to access information in your account from your mobile phone. Flayk does not charge for use of these features, but your mobile service provider may do so. Message and data rates may apply. You agree that you are solely responsible for these requirements, including any applicable charges, changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. FLAYK MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (1) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (2) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (3) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
- Automatic Features of the Software
The Software contains a feature that allows it to automatically update to incorporate new versions of the Software. If you interrupt or disable this feature, your copy of the Software may not operate correctly. The Software may contain a feature that is used to automatically disable the Software to ensure that you do not use the Software longer than the term of your license to use the Software or your subscription to use the Services. You acknowledge that upon the expiration of your license to use the Software, and if Flayk has not granted you an extension, the Software may cease to function in some or all respects, and you may lose access to the Services and data made with or stored using the Software. You acknowledge that the disabling of the Software is a key feature of the license rights and responsibilities conveyed under this Agreement.
- Disclaimer of Representations and Warranties
THE SITE, THE SERVICES (INCLUDING ALL CONTENT), AND THE SOFTWARE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLAYK, ITS AFFILIATES, AND ITS THIRDPARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION WITH RESPECT TO THE SOFTWARE, THE SERVICES, THE CONTENT, THE SITE, OR ANY CONTENTS THEREIN. FLAYK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN PROVIDING THE SOFTWARE, THE SERVICES, THE SITE, OR THE CONTENT, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT, OR ANY CONDUCT BY USERS OF THE SITE. FLAYK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SOFTWARE, THE SERVICES, THE CONTENT, AND THE SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE AND NON-INFRINGEMENT. IN ADDITION, FLAYK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OR ACCESSIBLE VIA THE SITE OR THROUGH THE SERVICES IS COMPLETE OR CURRENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.
- Limitations on Liability
- Beta Software
From time to time, Flayk may post, publish, distribute, present for download or otherwise make available Beta versions or portions of its Site, Service or Software (“Beta Software”) for public use. Beta Software may be identified as Beta, Beta 2, Beta 3, or Public Beta in the Site, the Service or the Software. Beta Software is available to the public for testing and evaluating purposes as part of the software development process. As a user of Beta Software you are encouraged, but not required, to identify potential errors and improvements (“Feedback”). You hereby grant Flayk the unrestricted right to use your Feedback, including the right to use your Feedback to improve the Software, the Site or the Service and to create other products and services. There are risks associated with using Beta Software. Beta Software has not yet been tested like other commercially released software that you may use. Therefore, it is likely that the Software will contain errors, including errors that may cause the Software or your computer to malfunction or cause a loss of data. If you do not wish to accept these risks, please do not install or use the Beta Software. Furthermore, Flayk is not obligated to correct errors or correct the effects of errors (e.g., fix your computer or recover lost data) or provide any technical support related to use of Beta Software.
- Thirdparty Software
Portions of the logging features of this Software were licensed under the Apache License, Version 2.0 (the “License”) and you may not use this file except in compliance with the License. You may obtain a copy of the License here. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
- Links and Advertising
The Site, the Software and the Services display advertisements. We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. FLAYK IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that Flayk is not 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 or partners on the Site or the Services.
- Governing Law and Arbitration
In the event that you have a dispute with one or more users of the Site or the Services, you release Flayk (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 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 if known by him must have materially affected his settlement with the debtor.”
- Export Restrictions
You may not export or re-export the Software without (a) the prior written consent of Flayk and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.