Terms of Service
- RIGHT TO USE THE SERVICE
a. Subject to the terms and conditions set forth herein, we hereby grant you a personal, limited, non-exclusive, revocable, non-sublicensable, non-transferable right to access and use the Service solely for its intended purposes. If applicable, your use of any mobile application comprising part of the Service is subject to your further agreement with the terms and conditions contained within such application and with the usage rules of the applicable mobile application store, including, but not limited to, the Apple Inc. App Store Terms of Service and Google Play Terms of Service. Flynk may modify these Terms at any time, which modifications will become effective once posted on www.flynkapp.com (the "Site"). If you do not agree with a modification, you must immediately stop using the Service. We reserve the right to stop offering the Service at any time either permanently or temporarily, at which point these Terms will terminate automatically. If we stop offering the Service, you understand and acknowledge we will not be required to provide refunds, benefits, or other compensation to you in connection with such a discontinuation. You agree your use of the Service is neither contingent upon the delivery of any future functionality or features, nor is it dependent upon any oral or written comments made by Flynk with respect to future functionality or features.
b. You may use the Service only if you can form a binding contract with Flynk, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Anyone under 13 is strictly prohibited from creating an account for the Service. If you are under the age of 18, you represent and warrant that your legal guardian has reviewed and agreed (on your behalf) to these Terms.
c. We retain the right to refuse to allow anyone to access and use the Service for any reason at any time.
In order to use the Service, you must establish an account (the "Account") with us and, to the extent permitted by the Service, with certain online third party properties such as Facebook, Twitter and LinkedIn (each, a "Social Network"). If you establish an Account with Flynk, you agree that you do not own or have any property interest in the Account. If you establish an Account with a Social Network, or use a preexisting Account with a Social Network, you understand you are solely responsible for ensuring that your use of such Account complies with all applicable local, state, national, and international laws and regulations and does not violate any term, condition, rule, procedure, policy or other guideline published by the Social Network. You agree to maintain your Account password in strict confidence. In the event your Account password is lost or otherwise compromised, you agree you will be responsible solely for all actions, damages, liabilities and losses incurred as a result of such loss or compromise, except to the extent arising from Flynk's gross negligence or wilful misconduct. You are responsible for any fees, including internet connection or mobile fees, that you incur while using the Service.
- Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Flynk servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are responsible for all the mobile data usage resulting from the use of Service. Consult your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for your interactions with other Flynk Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Flynk shall have no liability for your interactions with other Users, or for any User’s action or inaction.
- USE OF DATA
- USER CONTENT
Some areas of the Service allow Users to post content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Flynk has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) violates any school or other applicable policy, including those related to cheating or ethics; (x) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; (xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Service that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us. You may not copy or use personal identifying or business contact information about other Users without their permission. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Flynk reserves the right, but is not obligated, to reject and/or remove any User Content that Flynk believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
A. You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
B. Your User Content and Flynk’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Flynk takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Flynk shall not be liable for any damages you allege to incur as a result of User Content.
- THIRD PARTY INTERACTIONS
Any exchange of data or other interaction between you and a third party (each, a "Third Party Interaction") is solely between you and such third party, and you hereby agree to release and hold Flynk harmless from, and will look to such third party with regard to, any claims relating to or arising out of a Third Party Interaction. Flynk is not a party to, has no involvement or interest in, makes no representation, warranty or guaranty with respect to, and has no obligation in connection with, any communication, transaction, interaction, dispute or any relation whatsoever between you and any third party through the Service. You hereby acknowledge and agree that you are responsible solely for ensuring that your Third Party Interactions: (a) comply with all applicable local, state, national, and international laws and regulations; and (b) do not violate any term, condition, rule, procedure, policy or other guideline published by Flynk and/or any Social Network.
- User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
- CONFIDENTIAL INFORMATION
Each party (in such capacity, the "Receiving Party") understands that the other party (in such capacity, the "Disclosing Party") has disclosed or may disclose certain information relating to the Disclosing Party's business and that reasonably should be known by the Receiving Party to be confidential or proprietary to the Disclosing Party under the circumstances of disclosure or in light of the nature of the information disclosed (the "Confidential Information"). Each Receiving Party agrees: (a) to take reasonable precautions to protect such Confidential Information; and (b) not to use (except as permitted by these Terms) or divulge to any third party all or any portion of a Disclosing party's Confidential Information. Each party agrees that the following information shall not be considered Confidential Information: (i) information that is or subsequently becomes generally available to the public through no fault of the Receiving Party; (ii) information that was in the Receiving party's possession or known by such Receiving Party prior to receipt from the Disclosing Party as evidenced by its prior written records; or (iii) was rightfully disclosed to the Receiving Party by a third party without violation of law or any duty of confidentiality. You hereby agree Flynk is permitted to disclose your Confidential Information in order to comply with any legally compelled or required disclosure.
- NO OBLIGATION TO SUPPORT
We have no obligation to provide maintenance or installation services of any kind, hard-copy documentation, support, telephone assistance, error corrections, bug fixes, patches, updates or other modifications to the Service ("Support"). In the event that we provide any Support to you, such Support will be considered part of the Service and will be subject to the terms and conditions set forth herein. Flynk's email contact information to which you may address questions, complaints, or claims with respect to the Service is as follows: firstname.lastname@example.org
- PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Flynk Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Flynk and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, sublicense, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Flynk Content, reverse engineer, decompile or disassemble the Software for any purpose, including, without limitation, the creation of derivative works or similar products. Use of the Flynk Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Flynk under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Flynk does not waive any rights to use similar or related ideas previously known to Flynk, or developed by its employees, or obtained from sources other than you.
- DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND.USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLYNK AND ITS AFFILIATES, RESELLERS, AND AGENTS (COLLECTIVELY, THE "REPRESENTATIVES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE REPRESENTATIVES DO NOT PROVIDE ANY WARRANTY: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) ABOUT ANY RESULTS THAT MAY BE OBTAINED BY USING THE SERVICE;(D) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (E) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (F) THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
- LIMITATION OF LIABILITY
In no event will Flynk be liable to you for any direct, indirect, incidental, consequential, punitive, special or exemplary damages (even if Flynk has been advised of the possibility of such damages) arising from these Terms, including, but not limited to, loss of revenue or anticipated profits or lost business, loss of data or loss of use. IN NO EVENT WILL FLYNK'S TOTAL CUMULATIVE LIABILITY FOR CLAIMS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) AND AMOUNTS ACTUALLY PAID BY USER FOR THE LICENSE TO USE THE SERVICE. NO CLAIM MAY BE ASSERTED BY YOU AGAINST FLYNK MORE THAN TWELVE (12) MONTHS AFTER THE EARLIER DATE OF: (A) THE CAUSE OF ACTION UNDERLYING SUCH CLAIM; AND (B) THE TERMINATION OR EXPIRATION OF THESE TERMS AND YOUR USE OF THE SERVICE. NOTHING SET FORTH IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN IS PERMITTED BY APPLICABLE LAW. IN ADDITION, SOLELY IF AND TO THE EXTENT REQUIRED IN ORDER TO MAKE THIS LIMITATION OF LIABILITY ENFORCEABLE UNDER APPLICABLE LAW, NOTHING SET FORTH IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.
The Service is controlled and operated from facilities in India. Flynk makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations.
- WAIVER; SEVERABILITY
You agree Flynk's failure to enforce any right or provision of these Terms will not be deemed a waiver of any such right or provision. In the event that a provision of these Terms is held to be invalid or unenforceable for any reason, then that provision will be limited to the minimum extent necessary to uphold these Terms, and the remaining provisions of these Terms will remain in full force and effect.
At your sole cost and expense, you hereby agree to defend and hold harmless Flynk and its affiliates, subsidiaries, officers, managers, members, employees, consultants, representatives, agents, successors and assigns (the "Indemnitees") in any action or claim, and to indemnify Flynk and the Indemnitees from and against any and all losses, liabilities, sums of money, damages, expenses, and costs (including, but not limited to, reasonable attorneys\' fees) (collectively, "Claims") arising from such action or claim and related to: (a) your breach of any term, condition, representation or warranty set forth in these Terms; (b) a Third Party Interaction; (c) your infringement or misappropriation of any intellectual property, privacy or other rights of any third party; (d) any Content published by you or through your Account; and/or (d) your violation of applicable law. Flynk reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense of this Claim. We will use reasonable efforts to notify you of any Claim upon becoming aware of it.
- TERM AND TERMINATION
These Terms will commence on the earlier of the date you register for an Account or you begin using the Service and will terminate on the earlier of the date that: (a) you breach any term or condition, or any representation or warranty set forth in these Terms; or (b) we stop offering the Service at any time either permanently or temporarily or revoke your right to use the Service at any time. Upon termination of these Terms, all licenses and other rights granted to you in these Terms will immediately cease. The provisions of these Terms that by their nature and context are intended to survive the performance and termination of this Terms, will survive the termination of these Terms.
- FORCE MAJEURE
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.