This Paid Services Agreement (“Paid Services Agreement”) supplements and modifies the Terms of Service (available at https://www.flickify.com/terms-and-conditions), which are hereby incorporated in full herein. Your transactions and any use of the Paid Services are subject to this Paid Services Agreement and the Flickify Terms of Service. All capitalized terms not defined herein shall be defined as provided in the Terms of Service.
1. Paid Services
Certain features of the Services are only available with a paid Subscription. Subscription levels, features, and pricing are available at www.flickify.com/pricing, and may be changed at any time. Fees for Subscriptions (“Subscription Fees”) are due in advance for each billing period. The initial payment is due upon adding a Subscription to your Account. Except as expressly stated in this Paid Services Agreement, Subscription Fees are non-refundable and are based on our standard charges and billing terms in effect when payment is due. You must provide a valid credit card or other payment method (“Payment Method”) prior to starting a Subscription and promptly update your Account if there is any change to your payment information. We may change our fees and billing practices at any time, but any such change will not apply to you until the next Subscription period or if you change your Subscription type. If you upgrade your Subscription, you will pay for the full duration of the new Subscription level but receive a credit or discount for the difference between the upgraded Subscription level price and the prior Subscription price.
2. Subscription License and Access to the Services
Subject to your compliance with this Paid Services Agreement and the Terms of Service, including all Content Standards set forth therein, you are granted a non-exclusive, limited, non-transferable, freely revocable license (i) to access and use the Services for personal, non-commercial use and (ii) to the extent of any rights the Company may have to the Productions, to use the Productions for personal or commercial use, including the monetization of such Productions.
3. Automatic Renewal
Subscriptions will automatically renew at the rates then in effect for the same period as the expiring Subscription, and your Payment Method will be charged upon renewal unless you cancel your Subscription as set forth below. For annual plans, we will inform you at least thirty (30) days before your Subscription renewal date. By adding a Subscription to your Account, you authorize us to charge your Payment Method at the beginning of any Subscription period and any renewal period unless you cancel your Subscription in advance of any such renewal period. If we cannot process payment, your access to the Services will be suspended until you provide updated Payment Method information. If we do not receive payment prior to your renewal, we may terminate your Subscription and any special pricing or promotions applicable to your Subscription will be forfeited.
Subscriptions may be cancelled at any time before the end of the current billing period by visiting your Flickify dashboard or contacting Flickify Customer Support. Cancellations will take effect at the end of that billing period and you will have access to the Paid Services from the time you cancel until the start of the next billing period. Flickify does not refund or credit Subscription Fees for any remaining days in your current billing period or term.
5. Termination by Flickify
If we cannot charge your Payment Method, if you breach this Paid Services Agreement or the Terms of Service, or if required to do so by law (e.g., where the provision of the Services becomes unlawful), we may suspend or terminate your Subscription and/or Account, with or without notice. Such termination is in Flickify’s sole discretion, and we will not be liable to you or any third party for any such termination.
6. Effect of Termination or Cancellation
When a Subscription expires, is cancelled or is terminated, you will no longer have access to the Services or features associated with the Subscription. If Flickify is unable to charge your Payment Method for a Subscription, your Account will automatically be converted to a free account. Unless you delete your Account, terminating a Subscription will automatically convert your Account to a free account.
7. Payment Services
We may use one or more third-party payment processors (each, a “Payment Processor”) for payment services (e.g., card acceptance and merchant settlement). By paying for a Subscription, you agree to be bound by the applicable Payment Processor’s terms and policies, and authorize us and the Payment Processor to share any information and payment instructions you provide with your Payment Method and any other third-party service provider(s) as required to complete your transactions.
If we are required to collect or pay any taxes in connection with your purchase of the Paid Services, such taxes will be charged to you at the time of each purchase transaction. To the extent applicable, all payments for the Services will be made free and clear of, and without reduction for, any withholding taxes. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you hereunder.
9. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR USE OF THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR USE OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, CONTENT OF ANY PRODUCTION OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE OR ASSOCIATED WITH THE SERVICES AND THE COMPANY AND ITS AFFILIATES WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS OBTAINED THROUGH THE SERVICES, INCLUDING EACH PRODUCTION, (2) INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF COPYRIGHT AND RIGHT OF PUBLICITY, AS A RESULT OF THE USE OF OUR SERVICES, BY YOU, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE .
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE WEBSITE AND/OR SERVICES, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.
10. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ITS CONTENT AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR USE OF THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR USE OF THE SERVICES OR SUCH OTHER WEBSITES, ANY USER CONTENT OR PRODUCTIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your use of and access to the Services; (ii) your User Content and any Production created by your Account; (iii) your violation of any of these Terms of Service; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; (v) your violation of applicable laws or regulations; or (vi) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms of Service and/or your use of the Services. The Company reserves the right to assume the defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.