By accessing, using, downloading, or visiting any iFlicks Services, which includes the iFlicks website, iFlicks software and products and any other materials provided by iFlicks, you agree to the terms (“Terms”) listed in this agreement (“Agreement”). iFlicks reserves the right to amend these Terms at any time and without notice. Any revisions to the Terms will be posted on the iFlicks website. By continuing to access or use the Services, you accept any changes or revisions to the Terms.iFlicks Software
- iFlicks grants you a personal, non-commercial, worldwide, royalty-free, revocable, non-transferable, non-sublicensable, and non-exclusive license to use the software provided to you by iFlicks as part of the Services (“Software”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
- Except as provided in the next section, you may not, or allow anyone else to, directly or indirectly to: (1) copy, modify, distribute, sell, or lease any part of the Software; (2) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and/or organization of all or any part of the Software, unless laws prohibit those restrictions or you have our written permission; (3) rent, lease, or use the Software for timesharing or service bureau purposes; (4) develop any improvement, modification, or derivative works of the Software, or include any portion thereof in any other product, software, work, equipment, or item (except that you may customize and/or modify the Software only as set forth in the documentation; or (5) allow the transfer, transmission, export, or re-export of the Software or any portion thereof or any technical data associated with any Software.
- You shall maintain and shall not remove nor obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies of the Software.
- You understand that iFlicks may modify or discontinue offering the Services at any time.
- This Agreement does not entitle you to any support, upgrades, patches, enhancements, or ﬁxes (collectively, “Support”) for the Services. Any such Support for the Services that may be made available by iFlicks, in its sole discretion, shall become part of the Services and will be subject to these Terms.
Data provided by iFlicks or other third party data providers may be delayed or unavailable as specified by iFlicks or such third party data providers. iFlicks does not verify any data provided by iFlicks or other third party data providers and disclaims any obligation to do so. iFlicks, its third party data providers, and each of their affiliates and business partners: (1) expressly disclaim the availability, accuracy, adequacy, or completeness of any data or third party data provider, and (2) shall not be liable for any errors, omissions, or other defects in, unavailability of, delays or interruptions in such data or third party data provider.Acceptable Use
- You may not, or allow anyone else to, use any of the Services or Applications to do the following:
- Infringe the intellectual property rights, proprietary rights, or rights of publicity or privacy of any third party;
- Violate any law, statute, ordinance, or regulation, or perform any other action that would incur civil liability or constitute a crime;
- Disseminate, transfer or store information or materials in any form or format that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that otherwise violate any law or right of any third party; or
- Disseminate any software viruses or any other computer code, files, programs, or the like that may without limitation interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, violate the security of any computer network, or the like.
- If the occurrence of any prohibited use comes to our attention, we reserve the right to terminate your access to the Services.
- You continue to retain any ownership rights you have in content you make available via the Services, or otherwise use in conjunction with the Services. However, by using the Services with particular content, for example by using the Services to share particular content or access particular content, you grant to iFlicks (and to each of the third parties with whom we work to provide you with the Services) a worldwide license to reproduce, modify, create derivative works, transmit, publish, publicly perform, publicly display, distribute, and otherwise use the particular content and metadata associated with the content, such as images of you or images otherwise associated with your account. The rights you grant us in this license are only for the limited purpose of providing you with our Services. You may not use the Services in connection with any content for which you do not have the right to grant us this license.
- The Services may include features that allow you to share your content with others. Please be careful when choosing to share content with other users; iFlicks is not responsible for how others use your content. Additionally, you hereby grant to any user with whom you share content a non-exclusive license to access the content through the Service, and to use, reproduce in copies, distribute, display and perform the shared content as permitted through the functionality of the Service and under this Agreement. You may not share any content with others via the Services if you do not have the right to grant this license to any user with whom you share the content.
- You understand that iFlicks may delete any content that you post in or contribute to a message forum or similar service that iFlicks hosts, in its sole discretion, for any reason.
- You acknowledge that all content that you access through use of the Software or other Services is accessed at your own risk, and you will be solely responsible for any damage or liability to any party resulting from such access.
- You understand that by using the Services you may encounter content that you may find offensive, indecent, or objectionable. iFlicks does not inspect, screen, or otherwise control the content that is posted, shared or made available via the Services, and iFlicks does not guarantee the accuracy, integrity or quality of such content.
- You acknowledge that unauthorized use of copyrighted content of others may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
IFLICKS SERVICES ARE PROVIDED “AS IS”. IFLICKS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IFLICKS EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE IFLICKS SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, IFLICKS DOES NOT WARRANT AGAINST ERRORS, OMISSIONS, RESULTS OF USE, OR THAT IFLICKS SERVICES ARE BUG FREE OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO IFLICKS’ LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL IFLICKS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY: (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE; OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. IFLICKS’ AGGREGATE LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO IFLICKS (IF ANY) FOR THE PORTION OF THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR $100 (U.S.), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE IFLICKS’ LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO IFLICKS’ SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.Third-Party Materials
This website and other Services may provide links to websites, software, or other materials provided by third parties. iFlicks does not endorse and is not responsible or liable for the availability, accuracy, safety, or intellectual property rights of or relating to such content. iFlicks is not liable for any harm caused by any such materials.Waiver and Indemnity
You agree that iFlicks and its licensors, distributors, contractors, agents, and third party contributors shall have no liability whatsoever for any use you make of the Services. You shall indemnify and hold harmless iFlicks and its licensors, suppliers, distributors, contractors, agents, and third party contributors from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of iFlicks as well as from your failure to comply with any of the Terms, or any losses, damages, claims, costs, and/or attorneys’ fees arising from any use of or reliance upon any information received in connection with the Services that comprises or is based upon data provided by iFlicks or any third party.