About these Terms
Last updated on June 1, 2024.
The following terms and conditions, together with any referenced documents (collectively, “Terms-of-Use Agreement” and herein referred to as “Agreement”) are a legal agreement between you, your employees, agents, contractors, and any other entity on whose behalf you accept these terms (collectively, “you” and “your”), and Flimp Media, Inc. d/b/a Flimp Communications (“Flimp” “we,” “us” and “our”). Except as otherwise provided herein, the Agreement applies to Flimp’s public website(s), including and without limitation https://www.flimp.net and associated applications (collectively, “Website” and herein referred to as “Website”).
This Agreement forms a binding contract between you and us when accepted by you. You accept these terms of use by accessing or using the Website.
We may revise and update from time to time in our sole discretion this Agreement or any terms and additional terms that apply to Flimp and/or to Website and associated applications to reflect changes to law(s) or changes to Flimp or Website.
You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
Flimp will post notice of modifications to terms on this page and in this Agreement and note the modified additional terms, as may be applicable. All material changes apply prospectively only (not apply retroactively) and will become effective immediately. Your continued use of the Website following the posting of any revised terms means that you accept and agree to the changes. If you do not agree to the modified terms of this Agreement, you should discontinue your use of all Content (defined herein), services, and products associated with Website and Flimp.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between collectively Flimp and Website and you. This Agreement and terms herein do not create any third-party beneficiary rights.
If you do not comply with the terms of this Agreement and we do not take action right away, this does not mean that we are giving up any rights that we may have, such as taking action in the future. If it turns out that a particular term is not enforceable, this will not affect any other terms.
Access
We reserve the right to terminate or modify Website including any of its content, in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
Privacy Policy and Use of Personally Identifiable Information
Flimp’s Privacy Policy hereby is incorporated into this Agreement by reference and is available at https://www.flimp.net/privacy-policy (“Privacy Policy”). It explains Flimp practices and policies with respect to the collection and use of your personal data and personally identifiable information (collectively “PII”), how we treat and use PII collected about you by use of Website, and protection of your privacy; it includes other terms and considerations. Please reference all that governs and is included in our Privacy Policy. If you do not agree to this Agreement or Privacy Notice, you must exit the Website.
Acceptance of Terms-of-Use Agreement
This Agreement states the terms and conditions under which you may engage with Flimp and herein defined Website. Please read this Agreement carefully. Website contains various information relating to or dissemination by Flimp in the form of text, graphics, news, surveys, reports, and other materials (tangible or intangible) and information and content from third-party websites, guest writers, and other resources (herein collectively known as “Content”). By accessing, browsing, and/or using Website you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. If you do not accept this Agreement and, therefore, do not agree to be bound by this Agreement, please do not use Website. Flimp reserves the right in its sole discretion to modify, amend, alter, or otherwise change this Agreement at any time by posting the amended terms on Website. By using Website after any changes to this Agreement are posted, you are indicating your acceptance of those changes and terms therein.
Your Content on Website
If applicable and you upload, submit, store, send, or receive Content to or through Flimp and Website in any manner, you give Flimp, and those we work with, a worldwide license to use, host, store, reproduce, modify, create derivative works, such as those resulting from translations, adaptations, or other changes we make so that your Content works better with Website to communicate, publish, publicly perform, publicly display, and distribute such Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving Flimp and Website. This license continues even if you stop using or working with Flimp in any manner or accessing Website.
Restrictions on Use of Materials
Website is provided by Flimp and may be used for informational purposes only.
You acknowledge that Website contains Content protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Flimp or any applicable third party (each a “Contributor”) who has been involved in the preparation or publication of the Content. You shall at no time assert any claims of ownership over any Content by reason of your use of or any right to use Website and shall not grant or create or suffer to exist any lien or other security interest arising therefrom.
You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, noncommercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. Using Website does not give you ownership of any intellectual property rights in or of the Content you access. You may not use Content unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used or found on this website. Don’t remove, obscure, or alter any legal notices displayed in or along with Website.
Flimp authorizes you to view and use the Content on this website solely for your personal, noncommercial use. The use of the Content on any other site, including by linking or framing (see “No Framing Allowed” section), or in any networked-computer environment for any purpose is prohibited without Flimp’s prior approval by email or in writing.
For permission to use Content from Website or from any content generated, such as a newsletter or survey authored and distributed by Flimp you must request email or written permission and provide full attribution to Flimp. Permission should be requested by contacting info@flimp.net.
Attribution after permission is given for any Content is as follows: “Reprinted with permission from Flimp” and include a do-follow URL link named and placed appropriately to http://www.flimp.net/.
Using Flimp and/or Website
Website may display some Content that is not owned by Flimp. This Content is the sole responsibility of the entity that makes it available. We review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we reasonably believe violates our policies or the law. In connection with your use of Flimp and Website, we may send you announcements, administrative messages, and other information. You may opt out of those communications.
Business Uses of Flimp and/or Website
If you are using Flimp, Website, and/or any of its associated products, solutions, or services on behalf of a business, that business accepts all terms in this Agreement. The business will hold harmless and indemnify Flimp and its affiliates, third parties, officers, agents, and employees from any claim, suit or action arising from or related to the use of Flimp and/or Website or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
OUR WARRANTIES AND DISCLAIMERS
We provide Website using a commercially reasonable level of skill and care and we hope you enjoy the Website and its Content. But there are certain things that we do NOT promise about Flimp, Website, associated Content and applications, and use.
THE CONTENT PROVIDED ON WEBSITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED ON WEBSITE CONSTITUTES LEGAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN FLIMP AND ANY OTHER PARTY.
YOU ACKNOWLEDGE AND AGREE THAT WEBSITE AND ANY AND ALL CONTENT THEREIN ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS. FLIMP NOR ANY OF FLIMP MEMBERS, AFFILIATES, AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “FLIMP PARTIES” OR “PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.
NONE OF FLIMP PARTIES WARRANTS THAT WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT WEBSITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH WEBSITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
NONE OF FLIMP PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL FLIMP PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF WEBSITE.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER FLIMP NOR ANY OF FLIMP EMPLOYEES, CONTRIBUTORS, SUPPLIERS, THIRD-PARTY RELATIONSHIPS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE CONTENT OR ANY SERVICES THAT MAY BE PROVIDED. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE ACCURACY OF THE CONTENT WITHIN WEBSITE, THE SPECIFIC FUNCTIONS OF WEBSITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE FLIMP AND WEBSITE AS IS. IT IS UP TO USERS OF FLIMP AND THIS WEBSITE TO SEE THE VALUE OR NOT.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF FLIMP PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH ANY OF THE CONTENT, PAST OR PRESENT, MADE AVAILABLE ON OR THROUGH WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND/OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE ON OR THROUGH WEBSITE.
IN NO EVENT SHALL ANY OF FLIMP PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, WEBSITE, SERVICE, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE FLIMP’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH WEBSITE IS TO STOP USING WEBSITE.
Web Content
Links to Other Websites
As a convenience to you, Website may provide links to third-party websites through links available on Website including websites of entities that are affiliated with Flimp (herein ”Third-Party website(s)”) where we feel it is appropriate. Lists of links are not complete lists of relevant and/or useful Internet resources. Our decision to link to a Third-Party website is not an endorsement of the content in that linked Third-Party website. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY WEBSITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD-PARTY WEBSITE, AND FLIMP SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.
NOTE: You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party websites, you do so at your own risk. You should direct any concerns to the Third-Party website’s administrator or webmaster.
No Framing Allowed
Elements of Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the Content for Website may be retransmitted without the express written consent of Flimp.
Copyright Complaints
The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is the manager of Flimp. The manager can be reached by email at contact-us page.
Termination
Flimp reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of Website or the Content, at any time and for any reason without prior notice or liability. Flimp reserves the right to change, suspend, or discontinue all or any part of Website or Content at any time without prior notice or liability.
User Must Comply with Applicable Laws
Flimp makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States of America. If you access Website from outside of the U.S., you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Website and Content are all available for viewing and interaction on mobile devices. Do not use Website in a way that distracts you and prevents you from obeying traffic or safety laws.
Miscellaneous
- In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.
- The paragraph headings herein are provided only for reference and shall not affect the construction or interpretation of the Agreement.
- You agree to use the Content and Website only for lawful purposes. You are prohibited from any use of the Content or Website that would constitute an illegal offense, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation.
- Flimp’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
- This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, except with regard to its conflict-of-law rules. Any action relating to the Content, Website, or this Agreement must be brought in the federal or state courts located in Massachusetts, and you hereby irrevocably consent to the jurisdiction of such courts.
Any cause of action you may have with respect to Flimp, the Content, Website, or this Agreement must be commenced within one year after the claim or cause of action arose, or be barred.
- This Agreement contains the entire agreement of the parties for Website and supersedes all existing agreements and all other oral, written, or other communication between the parties concerning its subject matter.
- If you have any questions or suggestions regarding this Agreement or would like more information on our terms of service and use, please contact us through our contact-us page.