Terms of Service: flokka Terms of Service

Acceptance of Terms of Service

1. 1. By accessing or using this Web site or any other web sites of Flokka, its affiliates and agents (“Flokka”,  “Flokka Network”) with links to these Terms of Service (the “General Terms”) (the “Site”) in any way, including using the services and resources available or enabled via the Site by Flokka or users of the Site (“Users”) (the “Flokka Network”), downloading any information, data, documents, communications, files, text, images, photographs, graphics, videos, webcasts, tools, resources, software and products made available or enabled via the Site or Flokka Network by Flokka or Users (“Materials”), or merely browsing the Site, you agree to and are bound by the General Terms and the Flokka Privacy Statement, which is incorporated herein by reference. If you do not agree to all of the terms and conditions contained in the General Terms and the Privacy Statement, do not access this Site or Flokka Network.
   2. You may not use the Flokka Network, or accept the General Terms, if (i) you are not of legal age to form a binding contract with Flokka, or (ii) you are a person barred from accessing the Flokka Network under the laws of the country in which you reside or from which you access the Flokka Network.
   3. You agree to be bound by any subscription or other agreement, posted guidelines, rules, or terms of service that may apply to any particular services on the Flokka Network that you use (“Additional Terms”). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service. The General Terms and any applicable Additional Terms are referred to herein as the “Terms.”
   4. Flokka may change the Terms from time to time at its sole discretion. When these changes are made, Flokka will make a new copy of the General Terms available at the Site and any new Additional Terms will be made available to you from within, or through, the affected service on the Flokka Network. Flokka may, in its sole discretion, require you to provide consent to the updated Terms before further use of the Flokka Network is permitted. Otherwise, your continued use of the Site or any affected service within the Flokka Network constitutes your acceptance of the changes. Your access and use of the Site and the Flokka Network will be subject to the most current version of the Terms posted on the Site, or within or through the affected service on the Flokka Network, at the time of such use. Please regularly check the Site to view the then-current Terms.
2. Registration Information
   1. When you register for the Flokka Network, you will be required to provide Flokka with the following information: a user name (which may be pseudonymous), your first and Last name, an e-mail address, and your city and country. In addition, you may choose to provide the Flokka Network with additional information to be determined by you.
   2. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Flokka of any unauthorized use of your registration or password.
3. Term and Termination
   1. The Terms will continue to apply until terminated by either you or Flokka as set forth below.
   2. If you want to terminate your agreement with Flokka, you may do so by (i) notifying Flokka at any time and (ii) closing your accounts for all of the services or Materials that you use within the Flokka Network, where Flokka has made this option available to you. Your notice should be sent, in writing, to Flokka’s address set forth below.
   3. Flokka reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate, upon any breach by you of these Terms or otherwise, your registration(s) with or ability to access the Flokka Network and/or any other service, specific content, digital products, products, courses or events, provided to you by Flokka.
   4. Upon expiration or termination of these Terms, you shall promptly discontinue use of the Flokka Network. In addition, the sections titled Term and Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, and General will survive any termination of this Agreement.
4. Community Guidelines and Unacceptable Content
   1. You agree to comply with the Flokka Guidelines and Policies (above).
   2. You alone are responsible for the content of your contributions to the Flokka Network, and any consequences of such content. Flokka reserves the right to terminate your registration or ability to access the Flokka Network if it becomes aware and determines, in its sole discretion, that you are violating any of the Community Guidelines.
   3. If you are concerned about any Content on the Flokka Network, we urge you to  contact us whenever you see Unacceptable Content that violates these Community Guidelines.
5. Rights and Usage
   1. When you as a user submit Content, as defined above, to Flokka, you represent that you have a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in such Content.
   2. By submitting Content, which shall include your username, to any “public area” of the Flokka Network, you grant Flokka a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in such Content. You also warrant that the holder of any worldwide intellectual property right, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
   3. Anything contained herein to the contrary notwithstanding, by submitting Content to any forums, comments or any other area on the Flokka Network, you hereby expressly permit Flokka to identify you by your username (which may be a pseudonym) as the contributor of such Content in any publication in any form, media or technology now known or later developed in connection with the Content, unless you otherwise notify Flokka’s legal department at the address set forth below in writing at the time you submit the Content that you do not wish to be identified.
   4. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Flokka Network, including but not limited to all Content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
6. Third Party Services
   1. You may order services or merchandise through the Flokka Network from other persons not affiliated with Flokka (”Seller“). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Flokka makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Flokka, nor will Flokka be construed as a party to such transactions, whether or not Flokka may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
   2. Flokka may include special routing icons which may be located within the Flokka Network, the activation of which will allow you to access and learn more about Flokka and other services provided by Flokka whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
   3. Third party services, websites and links thereto may be included within the Flokka Network. By using this Site or the Flokka Network, you recognize that these services, websites and links may use non-personally-identifiable information about you. When you access any of these services or websites, your rights and obligations will be governed by the agreements and policies relating to the use of those services or websites.
7. Notification of Any Possible Copyright Infringement
   1. In the event you believe that any material or Content published on the Flokka Network may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to Flokka at Flokka, 2A Laingfield Tce, Laingholm, Auckland 0604, New Zealand, and send a detailed e-mail message to copyright@Flokka.com. Your notice should include the following information:
      1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
      2. A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
      3. A description of where the content that you claim is infringing is located on the Site;
      4. Information sufficient to permit Flokka to contact you, such as your physical address, telephone number and e-mail address;
      5. A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
      6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
8. Disclaimer of Warranties
   1. YOU EXPRESSLY AGREE THAT USE OF THE FLOKKA NETWORK, INCLUDING BUT NOT LIMITED TO ALL MATERIALS MADE AVAILABLE THROUGH THE FLOKKA NETWORK, IS AT YOUR SOLE RISK. THE FLOKKA NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLOKKA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FLOKKA MAKES NO WARRANTY THAT THE FLOKKA NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE FLOKKA NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FLOKKA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FLOKKA NETWORK.
   2. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FLOKKA NETWORK IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
   3. YOU UNDERSTAND AND AGREE THAT FLOKKA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE FLOKKA NETWORK. FLOKKA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER FLOKKA NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE FLOKKA NETWORK, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. FLOKKA ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. YOU SHOULD NEVER DISREGARD PROFESSIONAL ADVICE, SERVICES, OR INFORMATION CONTAINED IN ANY PRODUCT PACKAGING OR LABEL BECAUSE OF ANY INFORMATION ON THE FLOKKA NETWORK AND YOU SHOULD NOT USE THE CONTENT ON THE FLOKKA NETWORK IN PLACE OF THE ADVICE OF A PROFESSIONAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLOKKA OR THROUGH THE FLOKKA NETWORK, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FLOKKA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE FLOKKA NETWORK, ITS DIGITAL PRODUCTS OR SERVICES.
   4. FLOKKA MAKES NO WARRANTY REGARDING ANY MATERIALS PURCHASED OR OBTAINED THROUGH THE FLOKKA NETWORK OR ANY TRANSACTIONS ENTERED INTO THROUGH THE FLOKKA NETWORK. FLOKKA IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE FLOKKA NETWORK. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH FLOKKA MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST FLOKKA WITH RESPECT TO SUCH SITES.
   5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
   1. FLOKKA SHALL NOT BE LIABLE TO YOU FOR ITS BREACH OF THESE TERMS; FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE FLOKKA NETWORK; FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE FLOKKA NETWORK; RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, USE, DATA OR OTHER INTANGIBLES; EVEN IF FLOKKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
   2. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
10. Content Storage and Security
    Flokka assumes no responsibility for the deletion of or failure to store User-created Content. We use a variety of industry-standard security technologies and procedures to help protect your content from unauthorized access, use, or disclosure. Despite these measures, you should know that Flokka cannot fully eliminate security risks associated with your content.
11. Newsletters that include Promotional Messages
    Flokka may send e-mail messages to you containing labeled advertisements, promotions, etc. Flokka makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Flokka nor such third party shall have any liability with respect thereto. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly. Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from third parties.
12. Indemnification
    You agree to indemnify and hold each of Flokka, its parents, subsidiaries, affiliates, officers, directors, employees, sponsors, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Flokka Network, the violation of these Terms by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
13. Remedies
    1. If Flokka becomes aware of any possible violations by you of the Terms, Flokka reserves the right to investigate such violations. If, as a result of the investigation, Flokka believes that criminal activity has occurred, Flokka reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Flokka is entitled, except to the extent prohibited by applicable law, to disclose any information or Materials on the Flokka Network, including your Content, in Flokka’s possession in connection with your use of the Flokka Network to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Flokka, its Users or the public, and law enforcement or other government officials, as Flokka in its sole discretion believes to be necessary or appropriate.
    2. In the event that Flokka determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Flokka Network, Flokka reserves the right to:
       1. Warn you via email (to any email address you have provided to Flokka) that you have violated these Terms;
       2. Delete any or all Content provided by you or your agent(s) to the Flokka Network;
       3. Discontinue your registration(s) with the Flokka Network and/or any other Flokka community;
       4. Discontinue your subscription to any Materials or services made available through the Flokka Network;
       5. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
       6. Pursue any other action which Flokka deems to be appropriate.
    3. If your registration(s) with or ability to access the Flokka Network, any other Flokka community and/or any other Material or services provided to you by Flokka is discontinued by Flokka due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the community of the Flokka Network, then you agree that you shall not attempt to re-register with or access the Flokka Network, any other Flokka community and/or any other Materials or services provided by Flokka, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Materials or services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Flokka reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
14. International Users
    1. This Site can be accessed from countries around the world and may contain references to Flokka Network services and Materials that are not available in your country. These references do not imply that Flokka intends to announce such services or Materials in your country.
    2. This Site is controlled, operated and administered by Flokka from its offices in New Zealand. If you access the Site, the Flokka Network or Materials from a location outside New Zealand, you are responsible for compliance with all local laws.
15. Changes in Service
    Flokka reserves the right to terminate free access to the Flokka Network, including any or all Flokka services or Materials, with or without notice to you. Flokka reserves the right (at Flokka’s discretion) to provide you with notice of such change by prominently posting a notice on the Flokka Network and/or sending written notice to you at any e-mail and/or post office address you have provided to Flokka. Once free access is terminated, Flokka may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Flokka Network and/or any for-pay Flokka services or Materials.
16. General
    1. Notice. Any notice provided to Flokka pursuant to the Terms should be sent to Flokka, 2A Laingfield Tce, Laingholm, Auckland 0604, New Zealand, Attn: Terms of Service.
    2. Choice of Language. It is the express wish of the parties that these Terms, any Additional Terms and all related documents have been drawn up in English.
    3. Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
    4. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    5. No Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Flokka’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    6. Independent Contractors. Your relationship to Flokka is that of an independent contractor, and neither party is an agent or partner of the other. You will not have, and will not represent to any third party that it has, any authority to act on behalf of Flokka.
    7. Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matters.
    8. Violations. Please report any violations of these Terms to help@flokka.com.