Terms & Conditions
Agreement Between You and Flickstree Productions Pvt. Ltd Limited
Thank you for visiting www.flickstree.com or the Flickstree mobile application or the Flickstree SDK (together the "Platform").
The Website is owned and operated by Flickstree Productions Pvt. Limited ("the Company"), or its subsidiaries (collectively, Flickstree) whose operating office is at 209, Nirma Plaza, Makhwana Road, Marol, Mumbai - 400059, India. Flickstree Productions Private Limited is incorporated under the Indian Companies Act, 2013. You represent and warrant you possess the capacity and legal right to enter into this Agreement and to use this Website in accordance with the terms and conditions herein. You also acknowledge and agree that, unless we specifically provide otherwise, this Agreement only applies to this site and our online activities, and does not apply to any of our offline activities.
1. Services Offered
By using the various services offered on the Platform ("Services"), you agree to these terms, Flickstree’s Privacy Policy, and any community guidelines and supplemental terms provided to you for the Services that you use (collectively, "Terms"). Please read the Terms carefully, as they form the entire agreement between you and Flickstree.
2. Using The Services
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Posting content on the Platform:
- you shall be required to log on using your registered username/email address and password
You shall be solely responsible for safeguarding your login details including username and password and that we shall have no liability whatsoever. - Authority. You agree that you are permitted to use the Services under applicable law. If you are using the Services on behalf of a company, business or other entity, you represent that you have the legal authority to accept these Terms on behalf of that entity, in which case that entity accepts these Terms, and "you" means that entity. If you are accessing an account(s) on behalf of the account owner (e.g., as an administrator, consultant, analyst, etc.), the Terms apply to your activities on behalf of the account owner.
- Indemnity: If you are using the Services on behalf of a company, business or other entity, or if you are using the Services for commercial purposes, you and the entity will hold harmless and indemnify the Flickstree Entities (defined in Section 8 below) from any suit, claim or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.
- Age. If you are under the age of majority as per the laws of your country of residence ("Minimum Age") you may not register for an account. Certain portions of the Services contain adult and/or mature content or otherwise inappropriate for viewing by those below the Minimum Age. Please do not access that content unless you are an adult (i.e., at least the age of majority in your country) or unless otherwise expressly indicated. Parents/adult guardians are required to monitor/regulate the content being viewed by their wards who have not attained the Minimum Age. Parental control tools available from third party vendors/service providers might be useful in this regard. Flickstree shall have no responsibility to make sure that the Content is appropriate for those who have not attained the Minimum Age and it shall be the sole responsibility of parents/adult guardians to ensure that their wards do not view Content that is not appropriate for them.
- Member Conduct. You agree not to use the Services to:
- obtain or attempt to obtain unauthorized access to the Services or to Flickstree’s servers, systems, network, or data;
- violate any applicable laws or regulations;
- impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;
- make available viruses or any other computer code, files, programs or Content designed to interrupt, destroy or limit the functionality of the Services or affect other users; or
- interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way.
- Use of Services. You must follow any guidelines or policies associated with the use of the Services. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose. Without our express written consent, you may not (a) use any automated means to access the Platform or collect any information from the Platform (including without limitation robots, spiders or scripts), or (b) frame the Platform (or any part thereof), place pop-up windows over the Platform (or any part thereof) pages, or otherwise affect the display of part or area of the Platform.
- Anti-Corruption Laws. You agree to comply with all applicable anti-corruption laws including laws that prohibit unlawful payments to anyone for a corrupt purpose in relation to these Terms.
- Ownership and Reuse. Subject to these Terms, using the Services does not give you ownership of any intellectual or other property rights or interests in the Services or the Content you access. You must not use any branding or logos used in the Services unless Flickstree has given you separate explicit written permission. You may not remove, obscure, or alter any legal notices displayed on the Platform or in relation to any Content. Unless you have explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion of the Content or use of, or access to, the Services (including Content, advertisements, APIs, and software).
- Support. Unless otherwise expressly stated, Flickstree does not promise to provide you with any support for the Services. If Flickstree does provide you with support, it is at Flickstree's sole discretion and does not mean that we will continue to provide you with support in the future.
- Fees. Flickstree reserves the right to charge fees for use of or access to the Services (and any associated support), whether currently in existence or not, in Flickstree's sole discretion. If Flickstree decides to charge fees, Flickstree’s payment terms will apply and Flickstree will provide you with prior notice.
- Different Versions of the Services. Different features may be available in different versions of the Services and not all features may be available in your country or region.
- Anti-Abuse Policy. Flickstree prohibits sending unsolicited emails or messages using the Services. You may not in connection with the Services engage in commercial activity on non-commercial properties or apps or high volume activity without Flickstree’s prior written consent. You may not engage in conduct or activity that is disruptive to the Services or the experience of other users.
- You’re not allowed to copy, or modify the service, any part of the service, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the Service, and you also shouldn’t try to translate the services into other languages, or make derivative versions. The services itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Flickstree Productions Pvt Ltd
- The Flickstree service stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the service secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Flickstree service won’t work properly or at all
- You should be aware that there are certain things that Flickstree Productions Pvt Ltd will not take responsibility for. Certain functions of the service will require the SDK/platform to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Flickstree Productions Pvt Ltd cannot take responsibility for the services not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
- If you’re using the services outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the services, or other third party charges. In using the services, you’re accepting responsibility for any such charges, including roaming data charges if you use the services outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the services please be aware that we assume that you have received permission from the bill payer for using the services
- With respect to Flickstree Productions Pvt Ltd’s responsibility for your use of the services, when you’re using the services, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Flickstree Productions Pvt Ltd accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the services
- At some point, we may wish to update the services. The servicesis currently available on Android – the requirements for system (and for any additional systems we decide to extend the availability of the service to) may change, and you’ll need to download the updates if you want to keep using the services. Flickstree Productions Pvt Ltd does not promise that it will always update the services so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the services when offered to you, We may also wish to stop providing the services and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the services, and (if needed) delete it from your device/app
- you shall be required to log on using your registered username/email address and password
3. Payment Terms
- Flickstree will pay you 30% of the Net Earnings collected from advertisements run on your app using the Flickstree services
- Net Revenues” means any and all monies, receipts, income, received by the Flickstree from sale of time and/or space for advertisements during the exhibition of the Programs on the Platform, pursuant to this Agreement, in the Territory, less (i) all applicable taxes including entertainment taxes or any other statutory deductions, and (ii) any commissions of/deductions by, any agents, sales agents, sub-distributors, exhibitors, and such other expenses incurred by the Licensee in connection with the exercise of the Rights by the Licensee in relation to any Programs;
- All payments will be remitted to your Flickstree account 30 days after Flickstree receives payments from our 3rd party partners.
4. Your Account Notices
- Account Information. You may need an account to use some Services. You must ensure that your account information (that is, the information you provided when you registered for or subscribed to a Service) remains current, complete, accurate and truthful. All Flickstree accounts are non-transferable, and any rights to them terminate upon the account holder’s death. In order to create an account we may collect and keep possession of personal information such as your name, email address and an automatically generated password which you may later change to a password of your choice in accordance with the instructions which shall be provided to you ("Personal Data’). Our possession and use of Personal Data shall be in accordance with our Privacy Policy
- Access to Your Account. You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services. If you forget your password and otherwise cannot validate your account to Flickstree, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.
- Notices. Flickstree may provide you with notices, including service announcements and notices regarding changes to these Terms, by, but not limited to, email, regular mail, text message or SMS, MMS, push notification or in-app message, postings on the Services, telephone, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means. You may not receive notices if you violate the Terms by accessing the Services in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
5. Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
5. Content in the Services and License Grant to Flickstree
- Content. Our Services display some content that is not Flickstree’s. This content is the sole responsibility of the entity or person that makes it available. Flickstree assumes no responsibility for the conduct of third parties, including persons or entities with which you communicate using the Services. Many of the Services enable you to submit content. You – not Flickstree – are entirely responsible for any content that you upload, post, email, transmit, or otherwise make available via the Services. We may remove and refuse to display content that violates the Terms or applicable laws or regulations, but that does not mean that we monitor the Services or review or screen any content. By using or accessing the Services you understand and agree that you may be exposed to offensive, indecent, or objectionable content.
- IP Ownership and License Grant. Except as otherwise provided in the specific Flickstree product terms or guidelines for a Service, when you upload, share with or submit content to the Services you retain ownership of any intellectual property rights that you hold in that content and you automatically grant Flickstree a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, sublicensable license to (a) use, host, store, reproduce, modify, prepare derivative works (such as translations, adaptations, summaries or other changes), communicate, publish, publicly perform, publicly display, and distribute this content (in whole or in part, and /or incorporate in any other works) in any manner, mode of delivery, technology or media now known or developed in the future; (b) display your Content (or part thereof, or any modification, adaptations, translations or derivative works thereto) online and offline and permit other (including without limitation Flickstree’s co-brand partners) and (c) permit other users to access, reproduce, distribute, publicly display, prepare derivative works of, and publicly perform your content via the Services, as may be permitted by the functionality of those Services (e.g., for users to re-blog, re-post or download your content). You must have the necessary rights to grant us the license described in this Section 6(b) for any content that you upload, share with or submit to the Services.