Definitions: The "App" shall mean the software provided by DeRon Brown ("Flockery") through which an event planning social network is offered, to be used on devices running on an Apple iOS platform, the Google Android platform and its variants ("Devices"), including any other software or documentation which enables the use of the App, together with any web-based application entry-points and any upgrades from time to time. In order to use the App, you are required to have internet access and the necessary minimum specifications and, if downloading the App on your mobile device, a compatible Device.
End-User License: Subject to these App Terms, Flockery grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal use only on a Device owned or controlled by the User as permitted by the usage rules contained in the relevant third-party mobile application terms and conditions in accordance with these App Terms ("User License"). You represent and warrant that (i) you are not barred from receiving the App under the laws of the United States, (ii) you are not located in a country that is subject to a United States Government embargo or has been designated by the United States Government as a "terrorist supporting" country, and (iii) you are not listed on any U.S. Government list of prohibited or restricted parties. Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the App ("Content") is prohibited. These App Terms and User License also govern any updates to, or supplements or replacements for, this App unless separate App Terms accompany such updates, supplements or replacements, in which case the separate App Terms will apply. This license is concluded between you and Flockery, and not with Apple or Google. Flockery, not Apple or Google, is solely responsible for these App Terms and the content hereof.
The User is, however, solely responsible for the confidentiality and security of User Information sent from or stored on the Device by the App. The User is also solely responsible for all activities undertaken by anyone or anything with any account registered in the User's name, whether authorized or unauthorized. The User agrees to immediately notify Flockery of any suspected unauthorized use associated with the App or any other breach of security. Users shall be solely responsible for taking precautionary steps to protect User Information stored on the Device, including without limitation password-protecting the Device and employing, if applicable, remote-wipe features.
Conditions of Use: You will not, nor allow third parties on your behalf to (i) make and distribute copies of the App, (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or (iii) create derivative works of the App of any kind whatsoever.
The App is currently made available to you free of charge for your personal, non-commercial use. Flockery reserves the right to amend or withdraw the App, or charge for the application or service provided to you in accordance with these App Terms, at any time and for any reason.
You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise.
Prohibited Uses: Use of the App is limited to the permitted uses expressly authorized by Flockery. The App shall not be used in any way that:
The App may not under any circumstances be accessed via software or web-based application entry points which are not provided and pre-approved by Flockery.
Flockery reserves the right, in its sole discretion, to terminate any User License or account, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the App that Flockery reasonably believes is or might be in violation of these App Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these App Terms.
Suggestions and Improvements: By sending Flockery any ideas, suggestions, documents or proposals (collectively , “Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) Flockery is under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) Flockery may have something similar to the Feedback already under consideration or in development, and (iv) you grant Flockery an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
Availability: The availability and functionality of the App depends on various factors and elements, including software, hardware and communication networks, and partially provided by third parties. These factors are not fault free. Flockery does not warrant or guarantee that the App will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free. Support will be solely provided by Flockery, and neither Apple nor Google has any obligation whatsoever to furnish any maintenance or support services with respect to the App. For support, send an email to email@example.com.
Third Party Links: Flockery may include the use of third party resources and/or links to third party applications or websites as part of the App. Flockery has no control over such sites and resources and, accordingly, you acknowledge and agree that (a) Flockery is not responsible for the availability of such external sites or resources; (b) Flockery does not endorse and is not responsible or liable for any content or other materials available from such sites or resources and (c) Flockery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource.
Indemnification: User agrees to indemnify and hold harmless Flockery, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the App, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys' fees) occurring from or related to the use or misuse of the App, violation of these App Terms, or violations of any rights of a third party, or any allegation thereof. Flockery reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
No Warranties: FLOCKERY IS PROVIDING THE APP AND CONTENT TO THE USER "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APP AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, FLOCKERY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APP IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APP BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APP WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
Limitations of Liability: TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL FLOCKERY OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APP OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APP; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APP, OR DEVICE FAILURE OR MALFUNCTION. THE USER'S SOLE REMEDY IS TO CEASE USE OF THE APP. FLOCKERY, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APP OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall Flockery, its agents or anyone involved in creating or providing this App or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the App or $100, whichever is less.
Intellectual Property: The App contains software, graphics, photos, or other material (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Flockery Content and Content provided to Flockery by its partners and licensors is copyrighted individually and/or as a collective work under U.S. copyright laws. Subject to your compliance with the App Terms, and solely for so long as you are permitted by Flockery to access and use the App, the App is made available to you for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these App Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other application or website is strictly prohibited.
The Flockery name, logos and affiliated properties, are the exclusive property of DeRon Brown. All other trademarks appearing on the App are trademarks of their respective owners. Flockery's partners or service providers may also have additional proprietary rights in the Content which they make available through the App. The trade names, trademarks and service marks owned by Flockery, whether registered or unregistered, may not be used in connection with any product or service that is not Flockery's, in any manner that is likely to cause confusion. Nothing contained on the App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Flockery's trade names, trademarks or service marks without Flockery's express prior written consent.
In the event of any third party claim that Flockery or your possession and use of Flockery infringes that third party’s intellectual property rights, Flockery, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Age Restriction: Only individuals thirteen (13) years of age or older may use the App. Users between the ages of thirteen (13) and eighteen (18) must review these App Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these App Terms. Should User's parent or legal guardian not acknowledge and agree to these App Terms, User must immediately uninstall this App and discontinue its use. Your access to the App may be deleted or blocked without warning if it is found that you are misrepresenting your age or the age of the person using the App.
Choice of Law, Jurisdiction: These App Terms are governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to Massachusetts's conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the state courts in Suffolk County, Massachusetts, United States of America and the federal courts in the United States District Court for the District of Massachusetts, Massachusetts, United States of America, for purposes of any legal action arising out of or related to the use of the App or these App Terms.
Severability: If any of these App Terms shall be deemed invalid, void, or for any reason unenforceable, those App Terms shall be deemed severable and shall not affect the validity and enforceability of any remaining App Terms. Failure of Flockery to exercise or enforce any right or provision of these App Terms shall not constitute a waiver of such right or provision in that or any other instance.
Contact: If you have any questions regarding these App Terms, send an email to firstname.lastname@example.org.