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Founders:

Christian Bendixen
Matthew Knysz
Daniel Starin



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What is fliqq?

We're all about creating live, shared experiences around online content.

In real life, the best experiences are the ones we share as they happen. You know, like having friends over to watch a football game or going out to see a show. Fliqq is focused on recreating these experiences online. With fliqq, you can watch videos together in real time and chat about them with your friends. You can laugh together, groan together and talk smack together as you watch rather than waiting around for a response to a post.

Content is king and on fliqq we've made discovering and sharing new videos with your friends an easy and natural process. Anyone can form a group and “fliqq” to new videos that will synchronize on everyone’s computer, and anyone in the group can “fliqq” to new content themselves.

Now, you can socialize with your friends and view content in real time with them, even if you are on different continents. There's nothing to download - just login with Facebook to fliqq, laugh and share.


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PRIVACY POLICY

Surfari, Inc, a Delaware corporation (referred to herein as “fliqq”, “we,” or “us”) owns and operates the website fliqq.com (the “Site”). Your privacy is important to fliqq. This Privacy Policy (the “Policy”) describes the types of information we gather, how we use it, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information, our efforts to protect the information, children’s privacy, international visitors and how you can correct any inaccuracies in the information you provide to us through our website.

This privacy notice may be revised periodically without further notice to you and if our information retention or usage practices change, we will let you know by posting the privacy policy changes on the site or by sending you an email. This will be reflected by a “last modified” date below. Please revisit this page to stay aware of any changes. Your continued use of the Site constitutes your agreement to this privacy notice and any future revisions.

Use of Information

fliqq uses all of the information that we collect to understand the usage trends and preferences of our Users, to maintain and improve the way the Site works and looks, and to create new features and functionality.

We will use your email address, without further consent, for administrative communications such as notifying you of major Site updates or for customer service purposes. We will also use your email to send you promotional emails, however, you may opt out of any promotional emails by clicking the unsubscribe link at the bottom of the email.

fliqq may use cookies and automatically collected information to automatically update the Site on your system. We may use cookies to make your experience more enjoyable in a number of ways, for example, to make the page load faster, or to recognize you as a prior user.

We may also use cookies to measure activity on our Site, which allows us to determine which areas and features of our Site are most popular. This information allows us to make improvements and updates to enhance your Site experience.

Information Collected

We collect three types of information about users: personal information (such as name and e-mail address), automatically collected information (such as information about how many users log on to our site on a daily basis), and “Cookies” information (a small data file that websites, when you visit them, often store on your hard drive).

Personal Information Collected

Personal information is collected when you voluntarily log in to the Site, or otherwise use the features and functionality of the fliqq. fliqq collects your name and email address through your Facebook profile. You will have the ability to view the personal information provided and edit the information given to fliqq through your Facebook profile.

Automatically Collected Information

When you access the Site or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. Automatically collected information is non-personally identifiable/anonymous information about you, such as an Internet Protocol address (“IP Address”), an IP address is a number that is automatically assigned to your computer whenever you surf the Internet; pages accessed most frequently; search terms entered to find our Site, or within our Site; a unique device or user ID; version of software installed; system type; the content and pages that you access on the Site; the dates and times that you visit the Site; and information from your Facebook or Twitter accounts that you make publicly available, which is provided to us by Facebook or Twitter.

Cookies Information Collected

fliqq may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the fliqq. Persistent cookies can be removed. Please review your web browser's “Help” file to learn the proper way to modify your cookie settings. For more information about cookies and how they are used, you can go here.

This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies, to help us analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

You can refuse cookies by turning them off on your browser.
However, if you turn off cookies, you will not be able to use the full functionality of the Site.

Sharing Information Collected with Third Parties, Consultants, and Affiliates

We do not share, sell or trade your personal information with third parties. Please be aware, however, that any personally identifiable information that you voluntarily choose to share within the chat rooms becomes available to all those in the chat room and may be viewed and copied without restraint. We do not contribute to or participate in cooperative databases, which give other companies access to such personal information, except:

  1. We may disclose User information to affiliated companies or other businesses or persons to: provide web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist fliqq in improving the fliqq and creating new services features. We require that these parties process such information in compliance with this Privacy Policy, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.

  2. We may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as compliance with the DMCA) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.

  3. We also reserve the right to disclose User information that we believe, in good faith, is appropriate or necessary: to take precautions against liability; to protect fliqq from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the fliqq; or to protect the rights, property, or personal safety of fliqq, our Users, or others.

  4. In the event that fliqq is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.

Links

This Site contains links to other websites. We are not responsible for the privacy practices of such other sites. We encourage our Users to be aware when they leave our Site, and visit another website, they should read the privacy statements of websites that collect personally identifiable information. Under no circumstances shall we have any liability whatsoever for the activities conducted by or at any website accessed from or through this Site. This privacy statement applies solely to information collected by this Site.

Children and Privacy

We are concerned about the safety of children when they use the Internet. We do not knowingly permit users to register for our Site if they are under 13 years old, and therefore do not request personally identifiable information from anyone under the age of 13. If we become aware that a User is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files. If you are the parent or guardian of a person under the age of 13 who has provided personally identifiable information to us without your approval, please inform us by contacting us at the e-mail address below and we will remove such information from our database. If you are concerned about your children’s use of the Site, you must use web filtering technology to supervise or limit access to the Site, as we are not in a position to do so.

International Visitors

For any Users visiting fliqq from the European Economic Area or other non-U.S. territories, please note this Site is intended to be provided for U.S. Users only. Any data you enter into the fliqq will be transferred outside the European Economic Area or such other non-U.S. territory for use by fliqq and its affiliates for any of the purposes described herein. In addition, we may make information we gather available to worldwide business units and affiliates. By providing any data on the fliqq, you hereby expressly consent to such transfers of your data to the United States or other countries.

California Online Privacy Protection Act Compliance

California Civil Code Section 1798.83 permits Users who are California residents and who provide personal information in obtaining products or services for personal, family or household use to request and obtain from us once a year, free of charge, information about the personal information (if any) We disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of those businesses with which customer information was shared in the immediately prior calendar year. Please send such requests to privacy@fliqq.com. Please put "Request for California Privacy Information" on the subject line. We will provide the requested information to that same e-mail address. Please note that only information which is required to be provided under this law will be included in Our response.

As part of the California Online Privacy Protection Act, all Users may make any changes to their information at anytime. All of our information is directly linked to Facebook, so you may change your information on fliqq by logging into Your Facebook profile and editing it.

Changes to the Policy

Should a material change be made to our Policy, you will either receive an email 14 days prior to implementing the change, or a notice will be posted on the Site 30 days prior to implementing the change. You should check back with the Site regularly to keep apprised of the Policy. Your continued use of the Site constitutes your agreement to this privacy notice and any future revisions.

Additional Information

We use up to date and industry standard security in an attempt to safeguard and authenticate your information, however, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.

This Agreement shall be interpreted and governed by the law of the State of New York without regard to its conflict of laws principles. User expressly acknowledges and agrees that any claim brought in connection with this Agreement or the subject matter herein shall only be brought in a federal or state court located in the State of New York, and you expressly waive all objections you might have to jurisdiction, venue, service of process, forum non conveniens or the like in connection therewith.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR AFFILIATES OR BUSINESS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR DECISION TO PROVIDE INFORMATION VIA OUR SITE OR SITES. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF US TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

If any provision of the Terms and Conditions of Use or this Privacy Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Our failure to enforce any term or condition of this Policy shall not be deemed a waiver thereof and shall not prevent its later enforcement.

Contact Information

If you have any questions or suggestions regarding our Privacy Policy, please contact us via e-mail at privacy@fliqq.com or at:

fliqq
125 W 31st St
New York, NY, 10001



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TERMS AND CONDITIONS OF USE OF WEBSITE

Surfari, Inc., a Delaware corporation (referred to herein as “Provider”, “we,” or “us”), operates the website fliqq.com (the “Site” or “fliqq”). The following Terms and Conditions of Use of Website (“Terms of Use” or “Agreement”) set forth the legally binding terms and conditions for any use of the website and services offered by Provider.

The Site and Provider’s services are a web based application that enables users to invite their friends into a private chat room and share and view videos in real time. These Terms of Use apply to any site or mobile application owned and operated by Provider, except as otherwise provided.

The following Terms of Use for fliqq is a legal contract between You, either an individual user or a single entity (“you” or collectively “Users”), and the Site may only be used in a manner consistent with purposes in accordance with this Agreement.

By using the Site in any manner, including but not limited to registering for, browsing, or accessing the Site, You represent that You have read, understand and agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. As You read these Terms of Use, please access and read the linked information. We may change these Terms of Use at any time by posting the changes to the Site. Your use of the Site constitutes Your agreement to the most recent version of this Agreement. If at any time you disagree with the Terms of Use, please immediately terminate your use of the Site in the manner prescribed below.

The Privacy Policy applicable to this Site is available here: Privacy Policy. This Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read the Terms of Use carefully.

Membership Eligibility

In order to gain access to the Site, a user must either sign up through their Facebook account, or by registering through the Site for a username and password. By accessing fliqq through Facebook, You give us permission to access and use your information from Facebook as permitted by Facebook.

This Site is not available to persons who are not U.S citizens, under the age of 13, or to any Users previously suspended or removed from the Site by us. If you are using or opening an account on the Site on behalf of an entity or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms of Use; and agree to be bound by these Terms of Use on behalf of such Subscribing Organization.

BY USING FLIQQ, YOU REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS IN THIS SECTION. Particularly, you affirm that you are over the age of 13, as the Site is not intended for children under 13.

Prohibited, Questionable Conduct and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding fliqq, and any and all data, text, information, usernames, graphics, images, photographs, items, and links (together, “User Content”) that you submit, post, or display on fliqq.

Content

Posting of User Content.

By posting your User Content, you affirm, represent, and warrant that:

  1. Your User Content is not harassing, hate speech, sexually suggestive, violent, pornographic, obscene, vulgar, lewd, or patently offensive;

  2. Your User Content does not and will not slander, defame, or libel any other person;

  3. The use of your User Content as permitted herein does not and will not: (a) infringe violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) cause injury to any other person; or (c) violate any applicable law or regulation. Provider takes no responsibility and assumes no liability for any User Content.

User Content Disclaimer; Exposure to User Content.

You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against us with respect thereto. Provider does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Provider expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms of Use, Provider may investigate the allegation.

Our Intellectual Property

fliqq is owned and operated by Provider. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Site provided by us (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. The “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright law. Except for User Content that is provided and owned by Users, all Materials contained on the Site are the property of Provider or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names (“Marks”) are proprietary to Provider or its affiliates and/or third-party licensors. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the Site. Provider reserves all rights not expressly granted in these Terms of Use. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms of Use.

Prevention of Unauthorized Use.

fliqq reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

Access and Interference

You agree that You will not use (directly or indirectly) any robot, spider, scraper or other automated means to access fliqq for any purpose whatsoever, directly or indirectly, except to the extent expressly permitted by and in compliance with these Terms of Use. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any User Content (except for your own User Content) or other allowed uses as set out in the Site except to the extent expressly permitted by and in compliance with the Agreement;

  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or

  4. Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Breach

Without limiting any other remedies, we may, without notice, delay or immediately remove User Content, warn our community of a User's actions, issue a warning to a User, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a User's account, prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to provide services or access to a User if we suspect or know (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a User has breached this Agreement or other policy documents and community guidelines incorporated herein; if we are unable to verify or authenticate personal information or User Content; or we believe that a User is acting inconsistently with the letter or spirit of fliqq's policies, has engaged in improper or fraudulent activity in connection with fliqq or if the actions may cause legal liability or financial loss to our Users or to us.

Account

You must be a registered member of the Site in order to have full usage of fliqq. You may be asked to provide a password upon each login. You may not use another User’s account without permission. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to fliqq on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure, then you agree to immediately notify us. You may be liable for the losses incurred by us or others due to any unauthorized use of your Site account.

Third-Party Sites, Products and Services; Links

The Site includes links or references to other web sites or services, which links are provided solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by fliqq, fliqq does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

Privacy

Our Privacy Policy, as amended from time to time, is incorporated into this Agreement by reference.

Termination; Terms of Use Violations

By fliqq. You agree that fliqq, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with fliqq or your use of the Site and remove and discard all or any part of your account, User profile, and any User Content, at any time. fliqq may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that fliqq will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies fliqq may have at law or in equity. As discussed herein, fliqq does not permit copyright infringing activities on the Site, and will terminate access to the Site, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.

By You. Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any of these Terms of Use, (iii) any policy or practice of fliqq in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate these Terms of Use and your account. You may terminate these Terms of Use at any time by discontinuing use of any and all parts of the Site.

User Content

Subject to the limitations above, upon termination of these Terms of Use by you or us, we will discontinue prospective hosting and distribution of Your User Content.

Disclaimers; No Warranties

Your agreement to these disclaimers and the following limitations of liability are a material inducement for us to permit you to access the Site. Your use of the Site, and our obligations and liabilities in respect of your use of the Site, are expressly limited as follows:

  1. Conduct of Users. We assume no responsibility for the activities or conduct of Users.

  2. Availability of Site. We do not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control. The Site will also undergo periodic scheduled and unscheduled maintenance. We assume no liability in the event you are unable to access the Site, or the operation of the Site is interrupted for any reason.

  3. Third party information. The Site displays the content, services, products or hyperlinks of other entities or individuals, including advertisers and vendors. Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by us on behalf of any third party. In addition, we do not endorse, warrant or otherwise guarantee the substance of any information posted by Users or third parties on the Site. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from the Site. Access to third party websites from the Site is done at your own risk.

  4. Accuracy of information. We make no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Users, or of any other form of communication engaged in or information exchanged among Users. Information on the Site may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by Users or any other form of communication with Users will be at your own risk.

  5. “As is” and “as available” and “with all faults". You expressly agree that the use of the Site is at your sole risk. The Site and any data, information, third-party software, content (including commercial content), reference sites, services, or applications made available in conjunction with or through the Site are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.

  6. Harm to your computer. Provider, its suppliers, licensors, affiliates, and partners do not warrant that the Site will be free of errors, viruses, or other harmful components and do not warrant that any of the foregoing will be corrected. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including without limitation your computer system or portable device) or loss of data that results from the download or use of such material or data.

IN ADDITION TO THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW, BY USING THE SITE YOU AGREE AND ACKNOWLEDGE THAT THE SITE AND SERVICES ARE PROVIDED “AS IS”, AND WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY RIGHTS OF OTHERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDER OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS PARAGRAPH, THE TERM “PROVIDER” INCLUDES OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

Limitation of Liability

Limitation on Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PROVIDER OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS, DAMAGE TO REPUTATION, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE SITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH PROVIDER, EVEN IF PROVIDER OR A PROVIDER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Damages. IN NO EVENT WILL THE TOTAL LIABILITY OF PROVIDER OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PROVIDER AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.

Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT PROVIDER HAS OFFERED ITS PRODUCTS AND SERVICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PROVIDER, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PROVIDER. FLIQQ WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PROVIDER, ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF SUIT, ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE.

IN NO EVENT SHALL PROVIDER AND (AS AND TO THE FULL EXTENT APPLICABLE) ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING THE CONDUCT OF THIRD PARTIES IN CONNECTION WITH THE USE OF THE SITE, OR ANY PURCHASE MADE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE 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. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.

Legal Compliance

You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any fliqq service.

Reservation of Rights

We reserve all rights not expressly granted in these Terms of Use.

Severability

The invalidity or unenforceability of any portion or provision of these Terms of Use shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any invalid or unenforceable portion or provision shall be deemed severed from the Agreement and the remainder of the Agreement shall be construed and enforced as if the Agreement did not contain such invalid or unenforceable portion or provision.

Modifications

We reserve the right to modify or terminate the Site for any reason, without notice, at any time. We also reserve the right to alter these Terms of Use and other Site policies (including without limitation its privacy policy) at any time, so please review the policies frequently.

Governing Law

This Agreement shall be interpreted and governed by the law of the New York without regard to its conflict of laws principles. You expressly acknowledge and agree that any claim brought in connection with this Agreement or the subject matter herein shall only be brought in a federal or state court located in the State of New York, County of New York, and you expressly waive all objections you might have to jurisdiction, venue, service of process, forum non conveniens or the like in connection therewith.

Survival

Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

Notices

Except as expressly stated in this Agreement, any notices you send to us shall be given by e-mail to info@fliqq.com. You agree to accept notices sent to you at the email address you provide to fliqq during the registration process, or as you may update it from time to time. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

Waiver

The failure of Provider to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Provider.

Assignment

These Terms of Use and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Provider without restriction. Any assignment attempted to be made in violation of these Terms of Use shall be void ab initio.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.


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