Terms of service

Last update: January 2017


  1. Accepting our Terms of Use

By signing up as a client of Flocksy or using the Flocksy.com site, you agree to be legally bound by these conditions. Please read these terms carefully. Flocksy may change these terms at anytime by updating this posting. You should visit this page periodically to review these conditions, as they are binding to you.



  1. Who we are and definitions used in this document

Flocksy is owned and operated by Flocksy LLC. Flocksy.com (hereafter described as "Flocksy" "Us" "Our" "We") provides the following terms and conditions for users ("You", "Your") of this site (Flocksy.com).
 
Definitions used throughout this document and throughout the Flocksy site:
a. "Creative", "Programmer", "Designer": An individual or business who submits creative material to Flocksy
b. "Client", "Customer": An individual or business who has is receving creative work through Flocksy.

c. "Project", "Order", “Service”: Can mean, but is not limited to: a creative project, downloaded creative material.


  1. Release of liability

Flocksy is simply the "middle man" between Clients and the Creatives participating on the Flocksy.com website. You hereby acknowledge that Flocksy shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of any delivered work. Accordingly, you are encouraged to perform your own independent searches with regard to any submitted work before using it in any way. Furthermore, you acknowledge that Flocksy shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for any work, nor shall Flocksy be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to any completed work. You also agree that Flocksy is in no way responsible for ensuring the originality of any creative work delivered, and that it is your full responsibility to research all creative work received by you before using it in any way. Hatchwise is in no way responsible for any legal or financial difficulty of any kind incurred by using any service purchased through Hatchwise.


Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, power failures, or website outages.


EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE SERVICE, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) FLOCKSY’S AGGREGATE LIABILITY TO ANY CREATIVES OR COMPANIES OUTSOURCING THEIR WORK TO FLOCKSY.

FLOCKSY IS NOT RESPONSIBLE FOR THE LOSS OR THEFT OF ANY PERSONAL INFORMATION OF PERSONS REGISTERED AT HTTP://WWW.FLOCKSY.COM DUE TO THE FLOCKSY WEBSITE, SCRIPT OR DATABASE BEING HACKED, DAMAGED, OR ILLEGALLY ACCESSED.



  1. Personal Information

Flocksy does not store credit card information on our servers. All payments are processed securely through either Paypal or Authorize.net.


Payments owed by Flocksy for work completed is paid out via Paypal. It is your responsibility to ensure that an accurate Paypal email address is on file with Flocksy. Flocksy is not responsible for funds sent to an incorrect PayPal account because inaccurate information has been provided.


You are solely responsible for the privacy of the information used to login to your account and Flocksy is not responsible in any way for misuse of your account or for payment being sent to the wrong person due to illegal access to your account by individuals using your login information. Flocksy reserves the right to freeze or hold payment on any funds owed to your account due to suspicious activity.





  1. Your content

Content that you post using our Services is your content . We don’t make any claim to it. That includes anything you post using our Services (like usernames, package names, profile pictures, portfolio photos, listing descriptions, reviews, comments, delivered client work, examples of work requested, videos, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant Flocksy a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Flocksy function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.

C. Rights You Grant Flocksy.  By posting Your Content, you grant Flocksy a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Flocksy, your Flocksy profile and packages, or the Services in general, in any formats and through any channels, including across any Flocksy Services or third-party website or advertising medium.

D. Reporting Unauthorized Content. Flocksy has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, contact us via email. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.

E. Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Flocksy’s website (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.



  1. Website Maintenance and Backups

Flocksy LLC is not responsible for creating or maintaining backups of the your (or your client's) website, files, or server. Flocksy LLC does not warrant the functions of Client’s Site will meet Client’s expectations of traffic or resulting business following any changes or updates performed by Flocksy. In no event will Flocksy LLC be liable to you or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate Client’s Site or any of its web pages, even if Flocksy LLC has been advised of the possibility of such damages.



  1. Our refund policy

Some of the services available on Flocksy require direct payment be made to the selling creative. In this case any refund policy is not enforced by Flocksy, and is between the client and creative.


New subscriptions are eligible for a refund of the initial payment if requested in writing during the first 7 days of the new subscription AND the refund option has not been waived by the client. Subscriptions automatically renew each month on the calendar day that they were created. Any cancellation requests must be made 72 hours prior to the subscription renewing in order to avoid being charged.


Subscription payments may be eligible for a refund if a refund request is made in writing AND it has been less than 24 hours since the payment was made AND no account activity has been logged during that time. In the case of a refund any licenses or ownership of work done during the time period the refund is for remain with Flocksy


All other payments are non-refundable unless stated otherwise in writing by Flocksy prior to payment being made. Some of the services available on Flocksy may require direct payment be made to a third party. In this case any refund policy is not enforced by Flocksy, and is between the client and the third party.


  1. How we use the information you provide

You acknowledge and agree that Flocksy shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that Flocksy may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Flocksy, its users and the public.



  1. Release of completed work

You agree that any work done for hire (includes purchase of any premade designs/scripts/files) includes the transfer from the creative to the client of a royalty-free, irrevocable exclusive worldwide right to use "completed creative material" in any way whatsoever, this transfer of rights occurs when payment has been made in full to either Flocksy or directly to the creative, even if the work has not been completed. The creative retains the rights to display the work in their portfolio and advertising as an example of the work they do.



  1. Misc provisions

(a) Entire Agreement. These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by Flocksy (e.g., privacy policy) as a condition precedent to Clients' use of the Service), between you and Flocksy regarding the subject matter of these Terms and Conditions.

(b) Amendment. No modification, amendment, or waiver of these Terms and Conditions or any part hereof shall be binding unless evidenced in writing and signed by Flocksy.

(c) Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.

(d) Mutual Participation. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto.

(e) Headings. The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions.

(f) Choice of Law; Forum. These Terms and Conditions shall be governed by the substantive law of the State of Connecticut, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the federal courts having jurisdiction in New London, Connecticut, or state courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts with respect to such disputes.

(g) Assignment. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless Flocksy agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. Hatchwise may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.

(h) Waiver. The waiver by Flocksy of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.

(i) Independent Contractors. The parties and their respective personnel are and shall be independent contracts and neither party by virtue of these Terms and Conditions shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

(j) Force Majeure. If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.

(k) Capacity. The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfill their obligations hereunder.

(m) Further Assurances. The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions.





© Flocksy 2017