Terms of Use
1. Acceptance of Terms
By using our website (the "Website"), you agree to be bound by these Terms of Use (the "Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website.
2. Change in Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. Please review this Agreement periodically for changes.
3. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on our Website for personal, non-commercial transitory viewing only.
4. Intellectual Property
All content, website design, text, graphics, the selection and arrangement thereof, and all software that are part of the Website are protected by international copyright laws.
5. Disclaimers
The materials on the Website are provided 'as is'. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
6. Limitation of Liability
In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if we or an authorized representative has been notified orally or in writing of the possibility of such damage.
7. Revisions and Errata
The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website are accurate, complete, or current.
8. Links
We have not reviewed all of the sites linked to the Website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us. Use of any such linked website is at the user's own risk.
9. Site Terms of Use Modifications
We may revise these terms of use for the Website at any time without notice. By using the Website you are agreeing to be bound by the then current version of these Terms of Use.
10. Governing Law
Any claim relating to the Website shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
11. Exclusive Mediation
Both parties unequivocally agree that any and all disputes arising from the use of these Terms of Use or The Company, including but not limited to disputes related to intellectual property rights, interpretation, violation, invalidity, non-performance, or termination, shall be submitted exclusively to mediation. By agreeing to these Terms, both You and the Company expressly waive the right to resolve any such disputes through court proceedings, arbitration, or any other adjudicative process.
The mediation shall be conducted in Palm Beach County, Florida, in English, and shall be governed by the laws of the State of Florida, without regard to its conflicts of laws provisions.
For all purposes of these Terms, both parties consent to waive their respective rights to any other jurisdiction and agree to the exclusive venue in Palm Beach County, Florida.
Notwithstanding the foregoing, neither party shall have the right to pursue injunctive or other equitable relief from any court of competent jurisdiction. Both parties agree that the exclusive remedy for any dispute or claim shall be mediation as described herein.
12. Indemnification
You agree to defend, indemnify and hold harmless the Company 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, or b) a breach of these Terms.
13. Termination
We may terminate or suspend your 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. 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.
14. Inactive Accounts
If your account remains inactive for a period of three (3) years, we reserve the right, in our sole discretion, to deactivate and delete your account and all data associated with it.
15. User Data
We reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or content destruction policies.
16. Absence of Waiver
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
17. Severability
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
18. Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Website.
19. Feedback
We encourage users to contribute feedback about our services. Any feedback submitted becomes the property of the Company.
20. Privacy Policy
Our collection and use of personal information in connection with the Website is described in our Privacy Policy which is part of these Terms of Use.
21. Jurisdiction and Applicable Law
The laws of the State of Florida govern these Terms of Use and your use of the Website, and you irrevocably consent to the jurisdiction of the courts located in the County of Florida for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Florida and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
22. Inactive Accounts and Data Deletion
If your account remains inactive for a period of three (3) years, we reserve the right to delete your account and all associated data. In such cases, we will attempt to notify you in advance using the contact details associated with your account.
23. Data Protection Officer
If required, our Data Protection Officer can be reached at [Email Address]. They oversee our data handling practices and are responsible for maintaining compliance with the GDPR.
24. Data Collection and Processing
We only collect personal data when necessary to provide our services or conduct our business operations as described in our Privacy Policy. We respect the privacy of all users and ensure all data collected is kept secure and processed in accordance with the GDPR and other relevant legislation.
25. User's Rights
Under the GDPR, you have the right to access your personal data, correct inaccuracies in your personal data, request the erasure of your personal data, object to the processing of your personal data, ask us to restrict processing of your personal data, or request portability of your personal data. To exercise these rights, please contact us at connect@flickdirect.com.
26. Data Breaches
In the event of a data breach that affects your personal data, we will notify you and relevant regulatory bodies as required by law, within the timeframe and manner prescribed by the GDPR.
27. Data Transfers
If we transfer your personal data out of the EU, we will protect your privacy and ensure we meet the legal requirements set by the GDPR, which may include requiring your consent, providing adequate protections, or ensuring the receiving entity is certified under appropriate international data transfer mechanisms.
DATE OF LAST UPDATE: September 14th, 2023