Flick Away welcomes you! Before signing up for an account, please familiarize yourself with our terms of service ("Terms"). Your continued use of FlickAway.com ("Site") and the services it provides constitutes your binding acceptance of these Terms. Flick Away reserves the right to modify our Site, policies, and Terms at any time. The most updated terms of service will be posted here.
Flick Away, the owner and operator of FlickAway.com, offers online media hosting services to its members. To create an account, you must be at least 13 years of age. No minors under the age of 13 are allowed to become members. Flick Away does not contact children under 13 years of age for personal information, marketing purposes, or about special offers. We strongly encourage parents to monitor their children's use of this Site.
By subscribing to the Site, you agree to pay all charges related to your account in accordance with the selected level of service. Membership fees are due upon activation of your account. Membership renewal fees are required to be paid before your expiration date in order to ensure that your membership service continues uninterrupted. You agree that the information you provide us is accurate and true, including your name, e-mail address, and billing information.
Your subscription to Flick Away constitutes your acceptance of responsibility for maintaining the confidentiality of your account and password. You agree to accept all responsibility for activities that occur under your account or password. You agree to immediately notify Flick Away of any unauthorized use of your account.
Flick Away is committed to the safety of our members and abiding by law. By signing up for an account, you agree that you will not use Flick Away:
The following list is a non-exclusive list of contents that are not permitted on Flick Away:
Violation of the Terms may result in the termination of your Flick Away account. While Flick Away prohibits such conduct and content on our Site, you understand and agree that we do not control and are not responsible for the content of members' account. You acknowledge that you are solely responsible for all content and activity that occurs on your account. We want all of our users to be able to safely enjoy their experience at Flick Away.
Flick Away respects the intellectual property rights of others and does not allow copyright infringement on its Site. By using Flick Away's services, you certify that you are not infringing on anyone's intellectual property rights. You agree that you, and not Flick Away, are responsible for violations of any intellectual property rights in any content that you upload to Flick Away.
If you believe that your intellectual property rights have been violated through Flick Away's services, please contact Flick Away's agent for notice of claims of copyright at , or at . You must provide our agent with the following information, which Flick Away may then forward to the alleged infringer:
Upon receipt of the proper notice, Flick Away's agent will forward this information to the alleged infringer. Flick Away, at its discretion, may remove content that you believe infringes your copyright. Flick Away may also terminate the account of the member who appears to be infringing your intellectual property rights.
Flick Away agrees to terminate your account at any time upon notice from you. Please contact us by e-mail at to terminate your account. If you cancel within 30 days of signing up for an account, Flick Away will refund your subscription fee. If you decide to terminate after 30 days, we will not issue a refund. However, we may, at our sole discretion, offer you a partial refund on a case-by-case basis.
If you violate our Terms, your account may be terminated and no refund will be given. In the event we have to collect unpaid amounts owed to Flick Away on your account, you will be liable for all collection agency and attorney fees.
At this time, Flick Away is not offering the option of automatic billing of your account after the end of each annual subscription. One month prior to the expiration of your account, Flick Away will send you an e-mail reminder to renew your account. It is important to keep your registered e-mail address and other account information current. If you do not wish to renew, your account will terminate on the expiration date. Your data will be kept for 30 days, after which time all your information will be deleted from our servers.
Flick Away has established a Privacy Policy to describe how your personal information is collected and used. Please refer to our Privacy Policy for more information. Your use of our Site constitutes your acceptance of our Privacy Policy.
The Site may contain links to third party sites. The linked sites are not under Flick Away's control and we do not endorse, adopt, or undertake any responsibility for the content or privacy practices of any linked sites. These links are provided for convenience and you agree that Flick Away is not liable for any loss or damage that you may suffer by using other websites.
FLICK AWAY USES REASONABLE EFFORTS TO INCLUDE ACCURATE INFORMATION ON THIS SITE, BUT DOES NOT MAKE ANY REPRESENTATIONS AS TO ABSOLUTE ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION. YOUR USE OF FLICK AWAY'S SERVICE, INCLUDING ANY MATERIALS, DATA OR INFORMATION POSTED, SUBMITTED, OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH FLICK AWAY, IS AT YOUR OWN RISK. IN USING THIS SITE, YOU AGREE THAT ITS INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY FLICK AWAY AND ITS SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
WE CANNOT GUARANTEE THE ACCURACY, SECURITY, OR QUALITY OF CONTENT POSTED ON OR TRANSMITTED THROUGH FLICK AWAY. WE ARE NOT LIABLE FOR ANY LOSS, HARM, ERROR, OR OMISSION THAT MAY RESULT FROM THE USE OF OUR SITE OR THE SERVICES WE PROVIDE. ADDITIONALLY, WE ARE NOT LIABLE FOR ANY SERVICE FAILURE OR INTERRUPTION, REGARDLESS OF THE CAUSE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT, IMAGE, OR DATA TO FLICK AWAY AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT, IMAGE, OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM. UNDER NO CIRCUMSTANCES SHALL FLICK AWAY BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE SITE OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE OR SERVICES, ACCIDENTAL LOSS OF PHOTOS OR DATA ON THIS SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, OR TERMINATION OF THE FLICK AWAY SITE OR SERVICES.
You agree to indemnify, defend and hold Flick Away, its affiliates, subsidiaries, service providers, successors, and their respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) that may arise with any breach by you or anyone acting on your behalf of the terms of service or violation of any representations or warranties contained in these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of California.
If you have any questions or comments about our Terms, please e-mail us at .
Last updated: July 21, 2007