Effective Date: 10 April 2013
Before using the Service, please review the following Terms of Service (the « Agreement »).
Your use of our Service constitutes agreement to these Terms and Conditions.
Updates to these terms
We reserve the right to make make changes to these terms and conditions at any time. If we make changes, we will update the effective date at the top of this agreement. You should periodically review this agreement to keep up to date with our procedures and policies. Your continued use of the Services constitutes your agreement to the Terms of Service and any updates to same. If you do not agree with terms of this Agreement or any changes to them in the future, please discontinue your use of the Service.
Fliq is a collection of applications and services that manage, backup and synchronize personal information. We provide services on or though our web site, as well as via mobile and desktop applications (the « Service »). The service is provided on an AS IS and AS AVAILABLE basis. From time to time, and with or without notice, Mark/Space may add or delete features or functions from this Service. You agree that Mark/Space shall not be liable to you for any modification, suspension, or discontinuance of the Service. By using our Site, Services or Applications, you acknowledge your understanding of and agreement to the terms and conditions of this Agreement.
You represent and warrant that all of the information you provided by you to create your account to use the Service is true, correct and current, and that you have all necessary right, power and legal authority to enter into this Agreement.
Using our Service
Using our service requires you to create an account and register with the Service.
You are responsible for maintaining the confidentiality of the password of the account you create, and are responsible for all activities conducted with the account. Do not share or reveal your password to another party. You will never be asked to reveal your password to any representatives or agents of the Service.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
Mark/Space reserves the right, but shall not have the obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
After a period of inactivity, whereby an account is not accessed for a period of at least 60 days, Mark/Space reserves the right to disable or terminate the account.
User Generated Content – Your Intellectual Property Rights
Mark/Space does not claim any ownership in any of the content that you upload, transmit, or store in your Fliq account.
Mark/Space Property Rights
Other than your own User-Generated Content, we own all right, title and interest, including all worldwide intellectual property rights in the Site, Content, Services, and related Applications contained therein. The Site, Content, Services, and Applications are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, or otherwise use the Site, Content or Services.
We employ commercially reasonable measures to ensure that the Service is available on a 24 hours a day, every day basis. However there are times when the Service may be unavailable for maintenance, upgrades, or due to the failure of equipment or other circumstances beyond our control. Reasonable steps are taken to minimize such disruption where it is within our control.
You agree to indemnify and hold Mark/Space, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
THE SERVICE IS PROVIDED « AS IS, » WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. WE ASSUME NO RESPONISIBLITY FOR ANY: PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; ANY UNAUTHORIZED USE, DISPLAY, PERFORMANCE OR DISTRIBUTION OF YOUR USER-GENERATED CONTENT BY US (UNLESS DUE TO OUR INTENTIONAL FAILURE) OR BY A THIRD PARTY; YOUR INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; AND/OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH US OR THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.