We reserve the right to change these ToU at any time. You are responsible to keep yourself apprised of any such changes. If you object to any terms and conditions of the ToU or any subsequent changes or you become dissatisfied with FlikMe in any way, you can send us an e-mail to delete your account, providing your e-mail address. Your continued use of FlikMe after we post revised ToU means that you agree to the revisions.
You must be at least 18 years old to download FlikMe. By requesting to use, or using FlikMe, you represent and warrant that you are not required to register as a sex offender with any government entity.
FlikMe is freemium, that means that is free for all but some features might be paid, but your Internet provider’s or mobile operator’s fees and rates may still apply.
Keep your password private and secure.
You are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.
FlikMe is for your personal use only and you may not use it for any other purpose. You may not use FlikMe in connection with any commercial activity. Companies and other organizations may not become members of FlikM. We reserve the right to investigate any suspected unauthorized uses of FlikMe and we may take action in our sole discretion, including without limitation seeking legal, civil, criminal, or injunctive relief.
We may establish general practices and limits concerning use of FlikMe, including without limitation the number of days that we retain Content, the number and size of posts and messages you may send or receive, and the space we allot on our servers for your use. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content. We may terminate accounts that are inactive for an extended period of time.
No Spam Policy
You may not engage in any activity involving spam on FlikMe. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, e-mail, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on FlikMe. Violations of this policy could subject you or your agents to civil and criminal penalties.
Safety and Security
We do not conduct criminal background checks on our members. We reserve the right, however, to conduct any criminal background check we deem appropriate, at any time and using available public records.
You hereby grant us a perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license to use, distribute, reproduce, record, modify, adapt, process, combine, synchronize, create derivative works from, publish, publicly perform and publicly display such Content (including your user name and likeness) on FlikMe and elsewhere in any and all media or distribution methods (now known or later developed) for any promotional and other commercial purpose, whether by us, our partners or other third parties, in our sole discretion.
This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve FlikMe and to make Content submitted to or through FlikMe available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by us, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through FlikMe.
We may use your feedback, comments and suggestions without any obligation to compensate you for them. We may continue to use and make available any and all Content and we will continue to have all of these rights even if your account is terminated.
You acknowledge and agree that we do not promise to screen Content, but that we have the right to do so. We have the right to remove any Content that violates the ToU or that we find objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content.
You may not reproduce, republish, further distribute or publicly exhibit any Content on FlikMe that is not yours.
You may purchase a subscription product in various packages, such as one-month, three-month, or six-month subscriptions. For all mobile subscriptions, payment will be charged to your iTunes or Google account when you confirm your purchase. Your subscription will renew automatically for the same amount of time as your original subscription unless you switch off the auto-renew feature at least 24 hours before the end of your current subscription. This is because your account may be charged for renewal within 24 hours prior to the end of your current subscription period. You can manage your subscription and switch off auto-renewal by accessing your iTunes or Google account settings. You may not cancel your current subscription during the subscription period, although you may cancel automatic renewal at any time.
From time to time we offer a free initial week to first-time FlikMe+ subscribers. Eligibility for any such trial is limited to users who have not previously subscribed to FlikMe+, through either a current or prior FlikMe account. If you are a previous subscriber and try to claim a free trial, you should be aware that Apple or Google may recognize your ineligibility. If so, you may not receive a free trial, but instead may be charged immediately for your first subscription month. This is a feature controlled by the Apple App Store or the Google Play Store, depending on which platform you use for FlikMe.
Purchases of Subscriptions are non-refundable and non-transferable, even if they expire or are discontinued. We may change the purchase price for Subscriptions at any time, as well as the features included in Subscriptions. We reserve the right to stop issuing Subscriptions at any time and to set expiration dates for Subscriptions. Subscriptions may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all unused Subscription time without refund or other compensation.
Our Proprietary Rights
FlikMe and the software used in connection with FlikMe contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, sell, assign, sublicense, infringe or otherwise transfer or attempt to transfer any rights in the software. You may not modify the software in any manner or form or to use modified versions of the software. You may not access FlikMe by any means other than through an interfaces we provide.
We May Contact You
You agree that we may communicate with you by e-mail or otherwise; usually our communication will relate to administrative, security and other issues relating to FlikMe, including invitations to participate in promotional activities, newsletters and other communications. Receiving these communications is a condition of using FlikMe and you will not be able to opt out of receiving them.
Availability of Service
We may at any time and from time to time modify, restrict or discontinue FlikMe or any part of FlikMe, temporarily or permanently, with or without notice. We are not liable to you or to any third party for any modification, suspension or discontinuance of FlikMe.
Dealings With Advertisers
Your correspondence or dealings with, or participation in promotions of, advertisers found on or through FlikMe, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. We are not responsible or liable for any loss or damage of any sort caused or alleged to be caused in connection with any such dealings or as the result of the presence of such advertisers on FlikMe. We will not be liable to you for any failure by an advertiser to provide any service or product you ordered from it.
Third Party Links
FlikMe may provide, or third parties may provide, links to other websites or resources. We have no control over such sites and resources and we are not responsible for their availability. We do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further agree that we will not be responsible or liable, directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Disclaimer of Warranties
YOU USE FLIKME AT YOUR SOLE RISK. WE PROVIDE FLIKME ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE ToU.
WE DO NOT GUARANTEE THAT FLIKME WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT FLIKME WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE MAKE NO WARRANTY THAT (1) FLIKME WILL MEET YOUR REQUIREMENTS, (2) FLIKME WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF FLIKME WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH FLIKME WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH FLIKME IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANOTHERS’ DEVICE OR COMPUTER OR LOSS OF DATA THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT CONTROL THE CONDUCT OF FLIKME’S USERS AND THEREFORE CANNOT BE RESPONSIBLE FOR ANY HARM THEY MAY CAUSE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND INCLUDING WITHOUT LIMITATION RESULTING FROM: (1) THE USE OR THE INABILITY TO USE FLIKME; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FLIKME; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON FLIKME; OR (5) ANY OTHER MATTER RELATING TO FLIKME.
OTHER USERS OF FLIKME WITH WHOM YOU ASSOCIATE, CONNECT, INTERACT AND/OR SHARE CONTENT COULD USE YOUR CONTENT AND/OR LIKENESS IN A MANNER YOU DISLIKE, DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE. HOWEVER, YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST US IN CONNECTION WITH SUCH USE OR ACTIVITIES, WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THESE ToU OR NOT.
WE ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT OR INFORMATION YOU MAY ENCOUNTER ON FLIKME. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OR ANY USER OF FLIKME.
WE ARE NOT LIABLE FOR ANY LOST OR DELETED INFORMATION OR DATA, WHETHER INTENTIONAL OR UNINTENTIONAL, NOR FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE EURO (1.00€).
Exclusions and LimitationsSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE WARRANTY LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU WILL INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, THAT WE (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR ACTIONS AND/OR ANY INFORMATION OR CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH FLIKME, YOUR ACCESS AND USE OF FLIKME, YOUR CONNECTION TO FLIKME, YOUR VIOLATION OF THE ToU, YOUR TRANSMISSION OF OTHER USERS’ INFORMATION OR CONTENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Deleting Your Account
You can delete your account by sending us an e-mail from the e-mail address you are registered requesting explicitly that.
Our Contact Information
Updated as of August 29, 2019
When you create a profile on FlikMe, your personal information is not shared to any company, this is why you only need your e-mail address or a social account to register. If you are under the age of 18, you may not download or use FlikMe. We do not knowingly collect or maintain personal information from children under age 13.
II. Controlling and Protecting Your Privacy
- Personal Safety. After getting to know someone online, you may choose to meet him or her in-person. If so, be careful and use common sense. Never meet someone in private for the first time; choose a public place, and take a friend.
- Account Settings. You can change your account settings at any time. You should review these settings regularly.
- Deleting Your Account. You can edit or delete information that you upload to our Service and you can delete your account, but you cannot recall or delete information that others have copied. When you delete your account, some or all of your information may remain on our servers, but you will not be able to access it.
- Deleting Your Information and Content. You can request us to delete your posted information and content. To do so, send an e-mail to firstname.lastname@example.org from the e-mail address associated with your account, requesting deletion.
- Password. Store your password in a safe place, and do not share it with anyone. If you think someone has your password, you should change it immediately.
- Posting Information. Posting personal information on public areas of our Service will make it publicly available. The personal information you post or share with others may in turn be shared by them with still other users and it may also show up when someone uses a public search engine (even if that person is not a user of our Service). Do not post personal information in public areas of our Service that you want to keep private.
- Third Parties. We are not responsible for (and don’t have any control over) the privacy policies of third party websites, apps and ad servers. We encourage you to read the privacy policies of each and every website and app you visit.
- Opting Out of Receiving Cookies. You may set your browser to block some or all cookies. However, our Service might not fully function if you disable cookies. If you use multiple devices, browsers or computers, you will need to opt out of receiving cookies on each one. Also, if you change devices or computers you will need to repeat this opt-out process. You may also be able to opt-out of receiving cookies from some advertisers.
Many Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
III. Information We Collect
We collect different types of personal information about you and your activities. We collect personal information when you register, log into, and use our Service, including the features you use, the pages and screens you visit, and the information you enter, such as chats or demographic information that you share in your profile on our Service. The specific examples in the following bullets are not meant to be exhaustive.
- Email Address. We may require a valid e-mail address to register for our Service. This e-mail will be stored in our servers while you have an account with any of our Services. We will use this e-mail address to contact you.
- Profile Information You Provide. We collect the personal information that you provide to create your profile on our Service, including any metadata. We do not save your personal information in the same place of the chats or other informations, this will avoid sensitive data breach.
- Automatically Collected Device Information. We receive and record information from your device or browser, including your mobile device identification (AdID (Google), IDFA (Apple), device ID, etc.), IP address and cookie. We collect information from and about the computers, phones, and other web-connected devices you use that integrate with our Services, and we combine this information across different devices you use.
- Activity and Usage Information Including Your Content. We collect information about the features you use, the pages and screens you visit, and your transactions with us and with our partners and vendors, including information about your use of products or features offered through our Service. We and certain third-party partners may access your private chats and postings in order to improve your experience on our Service, for content moderation, for safety and legal process purposes.
- Third Party Platform Registration (such as Facebook, Apple App Store or Google Play Store). When you download or register for our Service by or through a third party platform we may also access and/or collect certain information from your third party platform account or by cookies placed on your device by such third party site. For example, if you create your account on our Service using Facebook, we may use the following information from Facebook to establish your account: your e-mail address, gender, profile photo, date of birth, friends list and userID. In addition, in the course of providing our Service on third party platforms, such as the Apple App Store or the Google Play Store, the platforms may collect information about you or receive information from us in order for that platform to provide and analyze their services. Please note that these platforms are developed and administered by people or companies not affiliated with us or any of our Services and that we are not responsible for the actions of those people or companies. You should carefully review the terms of service and privacy policies of the platforms that you use to access our Service.
- Advertisers. Advertising revenue helps us to support and improve our Services. Third party advertising companies may collect information using cookies, AdID, IDFA and other sources. Advertisers may use these and other sources in connection with our Service in order to collect and use data regarding advertisement performance and your interests for the purpose of delivering relevant advertising.
- We may also collect information about you from other sources, such as other services and other users of our Service.
IV. How We Use and Disclose the Information We Collect
We process personal information: (i) to execute transactions that you request, (ii) when you provide your explicit consent, (iii) for our legitimate business interests such as maintaining our books and records, securing and protecting the integrity of our Service, and for Service development; and (iv) to meet applicable legal requirements.
Specifically, we use and disclose your information in the following ways:
- To customize your experience on our Service, including suggestions about features you may enjoy or people you may want to meet.
- To provide customer service in response to questions or concerns you may bring to our attention.
- For marketing purposes. We share information with companies we do not own, including information collected from cookies, AdID or IDFA and certain demographic information, in order to allow our marketing partners to optimize our ad campaigns.
- For advertising purposes. We share information with companies we do not own, including information collected from cookies and across the devices used to access the Service, such as your location, IP address, AdID or IDFA and certain demographic information (such as age and gender), in order to allow these companies to deliver relevant ads.
- For research. To conduct research, including the numbers and types of visitors, and analyze traffic on our Service. We share some user data with companies we do not own to conduct this research.
- For development and testing. To develop and test new products and features, and improve our current ones, including by conducting surveys of our users, which might be conducted with or by companies we do not own.
- Bug fixes and product improvement. To find and fix technology problems. We send data to companies we do not own in order to analyze bugs in our websites and apps so that we can keep them running smoothly.
- to verify accounts and activity;
- detect and prevent spam;
- detect and prevent fraud;
- maintain the integrity of our Service; and
- promote safety and security on our Service, such as monitoring for illegal activity and reporting to the appropriate authorities.
- Contacting you. To contact you by e-mail or otherwise, including to invite you to participate in surveys and contests, and provide you updates and information about the Service and our other products and services.
- Cookies and mobile ad identification. We may set and access cookies or use AdID or IDFA information on your device or computer to customize your experience. These files help us with the following:
- Authentication: Cookies are used to keep you logged into our site as you navigate through different pages.
- Cooperation with law enforcement. We cooperate with government and law enforcement officials to enforce and comply with the law. We report threats of violence or self-harm and other illegal activities proactively, and we may disclose information about you to government or law enforcement officials in order to: (1) protect the safety and security of our users and members of the public or (2) satisfy subpoenas, court orders, or other governmental requests.
- Management of our company. We will process your information as needed to maintain our financial books and records, engage in sales of goods and services to members and advertisers, ensure the integrity and security of our systems and resources, operate our work environment, and respond to any potential compromise of anyone’s personal information.
- Advertisers. We may share information with third parties for the purposes of delivering relevant, personalized advertisements or content on our Service and on the websites or applications of third parties. To achieve this purpose, our partners may use the shared information (i) to evaluate the nature of the connection across your devices, browsers, or applications; (ii) to assess the suitability of your desktop or mobile device for interest- or demographic-based content; (iii) to provide information and inferences about user interests to third parties; and (iv) to develop insights and reports relating to the presentation of customized advertisements or content, including statistical reports in connection with activity on a website, optimization of ad placement and performance, development of reach and frequency metrics, billing activities, and tracking ads served on a particular day to a particular account. Our partners may also combine shared information with additional non-identifying information collected from other sources to enhance these activities.
V. Data Security and Storage
We use industry standard security measures to prevent the loss, misuse and alteration of the information under our control. However, we cannot guarantee that our security measures will prevent “hackers” from illegally obtaining this information. We will store and maintain your personal information for as long as necessary (i) for the purposes for which it was collected, (ii) to meet our current and future legal obligations, including compliance with our records retention practices, and (iii) as permitted to meet our legitimate interests. Our Service is hosted in Europe and we maintain your information in Europe and elsewhere on the cloud. If you are outside Europe, you agree to have your data transferred to and processed in Europe and elsewhere. When we transfer personal data outside of the European Economic Area, we ensure an adequate level of protection for the rights of data subjects based on the adequacy of the receiving country’s data protection laws and contractual obligations placed on the recipient of the data. A copy of these safeguards may be made available by writing to us at the address provided in the Contact Information section below.
VI. Access to Your Personal Information
If you wish to obtain a copy of your personal information, please contact email@example.com. In order to protect the data of others, requests will only be honored that come from the e-mail used to set up your account on our Service.
VII. Deletion of Your Personal Information
You may delete your account at any time, and your personal information will be deleted in the normal course of business pursuant to our current data retention practices. You may request to have all your personal information deleted by contacting firstname.lastname@example.org. We will comply with all deletion requests to the extent permissible by law and will not delete data that we are legally required to maintain (such as data subject to a current and valid preservation order or transaction data required for audit or substantiation purposes).
VIII. European Economic Area Residents
If you are a resident of the European Economic Area, you have the following data protection rights:
- If you wish to access, correct, update or request deletion, restrict processing, object to processing, or request porting of your personal information, you can do so at any time by contacting us at email@example.com. Please see sections VI and VII above for more information.
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing e-mails we send you. You can manage your account settings and e-mail marketing preferences in the Settings section.
- Similarly, if we have collected and processed your personal information with your consent (such as for advertising), then you can withdraw your consent at any time in the Settings section. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. Please note that if you opt-out of having your data shared with advertisers, you will still see ads, they just will not be tailored to your interests.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Notwithstanding the foregoing, we reserve the right to keep any information in our archives that we deem necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
Our Contact Information