These Terms of Use are effective on September 1,2017


By accessing or using the Flock mobile app, the Flock service, or any applications (including landing web pages or websites, payment services, social media site access, information services access and other mobile applications) made available by Flock (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Flock, LLC and licensed to JustFlockIt, Inc. ("Flock"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FLOCK WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

Basic Terms

You must be at least 18 years old to use the Service.

 

Be Real, Be Honest, Be Yourself, Be Respectful, Message Respectfully, Set Appropriate Expectations and Honor Them, Ask for Permission, Respect Privacy, Be Kind, Be Compassionate, Act with Integrity, and Be Safe

 

You may not post, upload, paste, type or draw shocking, disturbing, or violent content that is gratuitously graphic, disgusting, obscene, or violent. We don't allow content posted to upset, shock, or disturb the Flock tailgating community or any specific Flock tailgater.

 

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, supremacy, pornographic or sexually suggestive photos or other content via the Service. Flock prohibits groups that, or individuals who, use Flock to proposition for sex, or to promote or engage in prostitution. Flock has a zero tolerance policy regarding child pornography or anything Flock believes exploits, sexualizes, or fetishizes minors. Such content will be removed from the platform and the uploader will be banned. Flock reports all child pornography to the National Center for Missing and Exploited Children (NCMEC). Flock will honor requests to remove nude, lewd or shaming photos if the subject of that content reports it. Content targeting a public figure, organization, or anyone who has gained news attention, is not subject to these policies.

 

You may not instigate or encourage others to commit illegal activities or cause injury or property damage to any person.


You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Flock prohibits the creation of and you agree that you will not create an account for anyone other than yourself.

 

You also represent that all information you provide or provided to Flock upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Creating fake tailgates that do not or will never exist is prohibited. Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service is prohibited.

 

You may not upload or post any off-topic or irrelevant material to any comment text boxes, chat conversations or forums.


You agree that you will not solicit, collect or use the login credentials of other Flock users.


You are responsible for keeping your password secret and secure.


You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

 

You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval of Flock.

 

You may not post fraudulent classified listings.


You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial drinking laws) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.


You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Flock.


You must not access Flock's private API by means other than those permitted by Flock.


You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Flock users.


You must not use domain names or web URLs in your username without prior written consent from Flock.


You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

 

You may not inject content or code or otherwise alter or interfere with the way any Flock page is rendered or displayed in a user's browser or device.

 

You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

 

You must not violate any applicable local, state, national or international law, including, but not limited to (1) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (2) regulations promulgated by the U.S. Securities and Exchange Commission, and (3) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;


You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Flock terms.

 

Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:
Violation of these Terms of Use may, in Flock's sole discretion, result in termination of your Flock account.

 

You understand and agree that Flock cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Flock, we can stop providing all or part of the Service to you.
General Conditions

 

Termination of Service at Will


We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your account by sending an email to support@justflockit.com. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos, comments and profile), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).


Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.


We reserve the right to refuse access to the Service to anyone for any reason at any time.


We reserve the right to force forfeiture of any username for any reason.


We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.


You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Flock is not responsible or liable for the conduct of any user. Flock reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.


There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Flock does not control any of these third-party web services or any of their content.

 

You expressly acknowledge and agree that Flock is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Flock has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Flock Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Flock's express consent).
Rights

 

Flock does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Flock a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available below.


Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Flock may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.


You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.


You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of

Use in your jurisdiction.


The Service contains content owned or licensed by Flock, LLC and licensed to JustFlockIt, Inc. ("Flock Content"). Flock Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Flock, Flock owns and retains all rights in the Flock Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Flock Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Flock Content.


The Flock name and logo are trademarks of Flock, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Flock.  In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Flock, and may not be copied, imitated or used, in whole or in part, without prior written permission from Flock.


Although it is Flock's intention for the Service to be available as much as possible, there could be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications and/or equipment. Also, Flock reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Flock, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Flock encourages you to maintain your own backup of your Content. In other words, Flock is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Flock will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.


You agree that Flock is not responsible for, and does not endorse, Content posted within the Service. Flock does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.


Except as otherwise described in the Service's Privacy Policy below, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Flock is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Flock in a position that is any different from the position held by tailgaters of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Flock, and Flock will not be liable for any use or disclosure of any Content you provide.


It is Flock's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Flock does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Flock is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
 


If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.


Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, FLOCK CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FLOCK NOR ITS OPERATING COMPANY NOR PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "FLOCK PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE FLOCK CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FLOCK OR VIA THE SERVICE. IN ADDITION, THE FLOCK PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE FLOCK PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE FLOCK PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE FLOCK PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE FLOCK PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE FLOCK PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

 

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE FLOCK PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE FLOCK CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FLOCK PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE FLOCK PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE FLOCK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE FLOCK PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FLOCK'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE FLOCK PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE FLOCK PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."

FLOCK IS 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.
Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Flock's request), indemnify and hold the Flock Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Flock in the defense of any claim. Flock reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Flock.
Arbitration

Except if you opt-out or for disputes relating to: (1) your or Flock's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Flock (whether or not such dispute involves a third party) with regard to your relationship with Flock, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Flock hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Flock will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Flock is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Flock or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Flock can require the other to participate in an arbitration proceeding. To opt out, you must notify Flock in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Flock, LLC ATTN: Arbitration Opt-out, PO Box 2248, Matthews, NC 28106.

You must include your name and residence address, the email address you use for your Flock account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Flock.


Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Flock must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

 

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of North Carolina, giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Flock exclusively in a state or federal court located in Charlotte, North Carolina, and to submit to the personal jurisdiction of the courts located in Mecklenburg County the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Flock's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Flock reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Flock.


Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Flock and governs your use of the Service, superseding any prior agreements between you and Flock. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Flock. Any purported assignment or delegation by you without the appropriate prior written consent of Flock will be null and void. Flock may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

 

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Flock to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Flock provides.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

The effective date of these Terms of Use is September 2, 2017. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

 

RIGHTS AND LIMITATIONS ON USE OF CONTENT ON THIS SERVICE

Our Limited License to You. The materials available through this Service are the property of us and our Affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use the content you receive through this Service, provided that you reprint any copyright and other rights notices included in such content. You may not otherwise reproduce any of the materials on this Service, or distribute copies of materials found on this Service in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves from our Service and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this Service can be sent to this address.

 

Intellectual Property (IP) of others

We respect the intellectual property rights of others. Posting content that violates another party's intellectual property rights is prohibited. When provided with the requisite information, Flock will remove or disable access to material that infringes on the intellectual property rights of others or remove accounts of those who may be repeat infringers. Please note that simply holding a Flock around a similar topic in a shared location is generally not considered a violation of our policies. Respect the intellectual property rights of others and posting content that violates another party's intellectual property rights is prohibited by our Terms of Service. As indicated in our Terms of Service, we may, in appropriate circumstances and in our discretion, remove or disable access to, material that infringes on the intellectual property rights of others, and restrict or terminate access to our Platform to those who may be repeat infringers.

If you believe that content on the Flock website violates another party's intellectual property rights, you should contact the rights owner directly so that they may evaluate the use of their material and determine whether to report the situation to us.

If you believe that content on the Flock website violates your intellectual property rights, please send a notice containing the information below to our Copyright Agent (information below).

Please note that if the information contained in your take down notice is knowingly misrepresentative with regard to alleged infringement, a court may hold you liable under 17 U.S.C. Section 512(f).

If you are unsure whether content appearing on the Flock platform is infringing on your intellectual property rights, you should consider contacting a lawyer.

Please submit this information in the format below and in English. If the content at issue is claimed to have infringed on someone's copyrights, then this notice must comply with sections 512(c)(3) of the Digital Millennium Copyright Act. For more information about the Digital Millennium Copyright Act and other issues regarding intellectual property, see https://www.copyright.gov/legislation/dmca.pdf.

1. Your name, mailing address, telephone number and email address

Note that we may provide your contact information to the tailgater that has posted the content you claim is infringing.

2. A description of the content or other material that you claim has been infringed.

Although not required, please provide us with copies of or reference to (with registration numbers, where applicable) the content that you claim has been infringed.

3. A description of where the material that you claim is infringing is located on the Flock website.

Please provide specific URLs where the content is located. Also please provide a specific description of the material that you are claiming is infringing so that we are able to identify it on the specified web-page.

4. An explanation of how the content on the Flock website infringes on your intellectual property rights.

Note that providing this information is optional. This information is not required under the Digital Millennium Copyright Act. However, by providing this information in your initial report you may help us better understand the situation without seeking additional information, which may result in a faster resolution of the situation.

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law.

6. A statement by you, that the above information in your notice is accurate, and under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the owner's behalf.

7. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached by email at Support@justflockit.com or by mail at:

Copyright Agent
PO Box 2248
Matthews, NC 28106

Please note that we may send a copy of any legal notice we receive to the tailgater that posted the content, the Organizer of the group, or a third party, 

 

Privacy Policy

Version 1 - September 1, 2017

Our Privacy Policy explains how information about you is collected, used, and disclosed by Flock. The terms “Flock,” “we,” “us,” and “our” include Flock Inc. and our affiliates. This Privacy Policy applies to information we collect when you use our “Platform”, which means any website, application, or service we offer, or when you communicate with us. For information about choices we offer under this policy, please see “Your Choices” below. This Privacy Policy does not apply to the information you may provide to third parties, such as members of Flock, and others with whom you may share information about you. For more information about the scope of our Privacy Policy, please see Section 4.8 below.

To make this Privacy Policy easier to understand, we have provided summaries in these gray boxes. These summaries are not part of the official policy. Even though we have provided summaries, it is important for you to read the entire policy carefully.

 

1. Collection of Information

Summary: We collect information about you when you:

  • create an account;

  • use the Platform; and

  • communicate with us.

 

We also collect information, such as usage statistics, by using cookies, server logs, and similar technologies.

If you elect to use certain features, we also collect information through other sources, such as social media services, invitations, and imported contacts.

 

1.1 Information You Provide to Us

We collect information you provide directly to us. For example, we collect information you provide when you create an account, fill out a form, or communicate with us. The types of information we may collect include your name, email address, postal address, phone number, payment method data, photos, and any other information you choose to provide.

1.2 Information We Collect Automatically When You Use the Platform

When you use our Platform, we automatically collect information about you, including:

  • Log Information: We collect log information about your use of the Platform, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before visiting our Platform.

  • Device Information: We collect information about the computer or mobile device you use to access our Platform, including the hardware model, operating system and version, unique device identifiers, and mobile network information.

  • Location Information: We may collect information about the location of your device each time you use our Platform, or when you otherwise consent to the collection of this information.

  • Information Collected by Cookies and Other Tracking Technologies: We and our service providers collect information using various technologies, including cookies and pixel tags (which are also called clear GIFs, web beacons, or pixels). Cookies are small data files stored on your hard drive or in device memory that help us improve our Platform and your experience, and track usage of our Platform. Pixel tags are electronic images that may be used in our Platform or emails, and track usage of our Platform and effectiveness of communications.

  • Other Information: With your permission, we may collect other information from your device, such as photos from your camera roll, contacts of individuals you wish to find or connect with, or calendar information you want to manage via the Platform.

 

1.3 Information We Collect From Other Sources

We may collect information about you from other sources, such as through certain features on the Platform you elect to use, including:

  • Social Media Services. If you register or log into your account through a third-party social media service, we will have access to some of your third-party account information from that service, such as your name and other information in that account, as authorized by that service. You have the ability to disable the connection between our Platform and your third-party account at any time.

  • Invitations. If another member sends you an invitation through our Platform, we may receive your email address or phone number. If you are an invited guest, we will automatically send you an invitation to our Platform, and, if unanswered, a one-time follow-up invitation. Flock stores this contact information only to send these invitations and evaluate their success. You may unsubscribe from future invitations using the instructions in those messages. You may also contact us at support@justflockit.com to request that we remove this information from our database.

 

2. Use of Information

Summary: We use information about you to:

  • operate, improve, promote, and protect Flock and our Platform;

  • communicate with you; and

  • personalize content.

 

2.1 Operating our Platform

We may use information about you for various purposes related to operating our Platform, including to:

  1. Provide, maintain, and improve our Platform, including to process transactions, and develop new products and services;

  2. Personalize the Platform;

  3. Monitor and analyze trends, usage, and activities in connection with our Platform;

  4. Detect, investigate, and prevent fraudulent transactions, abuse, and other illegal activities, and protect the rights property, or safety of Flock and others;

 

2.2 Communicating with You

We may use information about you for various purposes related to communicating with you, including to:

  1. Respond to your comments, questions, and requests, and provide customer service;

  2. Communicate with you about products, services, and events offered by us and others, and provide news and information we think will be of interest to you;

  3. Deliver communications from other members, in accordance with the communication preferences that you indicate in your account;

  4. Send you technical notices, updates, security alerts and support, and administrative messages;

 

2.3 Advertising and Other Uses

We may use information about you for various other purposes, including to:

  1. Provide advertisements, content, or features that match member profiles or interests;

  2. Facilitate contests and other promotions;

  3. Combine with information we collect for the purposes described in this Privacy Policy; andCarry out any other purposes described to you at the time the information was collected.

 

3. Sharing of Information

Summary: We do not share information about you in any way other than as described in this Privacy Policy or with your consent.

We may disclose information about you:

  • to members or social media services, subject to the choices you may make via the Platform;

  • to our third-party service providers that help us to operate or improve our Platform;

  • to authorities to comply with legal obligations and to protect and defend our rights and property; and

  • to an affiliate or successor entity as part of a corporate transaction.

  • We may also share de-identified or aggregated information.

 

3.1 Through our Platform

We share some of the information we collect by displaying it on our Platform according to your member profile and account settings. Some information, such as user name, is always public. Some information, such as interests, is public by default but can be hidden on our Platform. Some information, such as group memberships, will always be visible to other members of that Flock group, and may be public, depending on the settings of that group.

3.2 With Our Service Providers

We may use service providers in connection with operating and improving the Platform to assist with certain functions, such as payment processing, email transmission, conducting surveys or contests, data hosting, managing our ads, and some aspects of our technical and customer support. We take measures to ensure that these service providers access, process and store information about you only for the purposes we authorize, subject to confidentiality obligations.

3.3 Following the Law and Protecting Flock

We may access, preserve, and disclose to third parties information about you if we believe disclosure is in accordance with, or required by, applicable law, regulation or legal process. We may also disclose information about you if we believe that your actions are inconsistent with our Terms of Use or related guidelines and policies, or if necessary to protect the rights, property or safety of, or prevent fraud or abuse of, Flock or others.

3.4 Social Sharing and Other Tools

The Platform may offer social sharing features and other integrated tools which let you share actions you take on our Platform with third-party services, and vice versa. Such features let you share information with your friends or the public, depending on the settings you have chosen with the service. The service’s use of the information will be governed by their privacy policies, and we do not control their use of the shared data. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please review the privacy policies of the services that provide these features.

3.5 Affiliate Sharing and Merger, Sale, or Other Asset Transfers

If Flock is involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of our assets, information about you may be shared, sold, or transferred as part of that transaction. We may also share information about you with current or future corporate parents, subsidiaries, or affiliates.

3.6 Other Situations

We may share de-identified or aggregated information about you. We may also share information about you with your consent or at your direction.

4. Additional Details

Summary:

  • We may allow others to use technologies that collect information about you to provide analytic services, and to serve ads for Flock. You may be able to opt out of the collection or use of this information.

  • You can review and change information about you in your account on the Platform, or deactivate your account, but we may retain certain information.

  • You may opt out of receiving Flock’s promotional messages, but you may still receive other communications.

  • Flock is based in and governed by U.S. law, and you consent to processing, transfer, and storage of information in and to the U.S. and other countries.

  • We cannot guarantee the absolute security of information about you.

  • This Privacy Policy is periodically updated, and does not apply to third parties.

  • If you have any questions, you can contact us at privacy@justflockit.com

 

4.1 Analytics and Advertising Services Provided by Others

We may allow others to use cookies, web beacons, device identifiers, and other technologies to collect information about your use of the Platform and other websites and online services.

4.2 Your Choices: Account Information

You may update or correct the account information that you have provided to Flock by editing your account settings or by sending an email to support@justflockit.com. You may deactivate your account by editing your account settings or by sending an email to support@justflockit.com. Flock may retain certain information as needed to comply with our legal obligations or for legitimate business purposes, such as to resolve disputes and enforce our legal rights. We may also retain cached or archived copies of information about you for a certain period of time.

4.3 Your Choices: Location Information

When you first access the Platform, you may be asked to consent to our collection of location information. If you do not consent to this collection, you may not be able to use our mobile application. You can stop the collection of location information at any time from a particular device by changing the settings on that device, but note that our Platform or its features may no longer function properly if you do.

4.4 Your Choices: Cookies

Most devices and web browsers are set to accept cookies by default. If you prefer, you may be able to remove or reject browser cookies. You can learn more about cookies, including how to block cookies, by visiting allaboutcookies.org. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Platform.

4.5 Your Choices: Promotional Communications

You may opt out of receiving promotional messages from Flock by following the instructions in those messages or by adjusting the communication preferences that you indicate in your account. If you opt out, we may still send you non-promotional messages, such as those about your account or our ongoing business relations.

4.6 Transfer of Information to the U.S. and Other Countries

Flock is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Platform or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.

4.7 Security

We employ measures designed to protect information about you, both during transmission and once we receive it. For example, we use firewalls designed to protect against intruders and test for network vulnerabilities. However, no method of transmission over the internet or method of electronic storage is completely secure.

4.8 Policy Scope

This Privacy Policy does not apply to information you provide to third parties, such as members of Flock, and others with whom you may share information about you. Our Platform may direct you to a third-party service or a portion of our Platform controlled by a third party (typically through the use of a frame or pop-up window separate from other content on our Platform). Disclosure of information to these third parties is subject to the relevant third party’s privacy policy. We are not responsible for the third-party privacy policy or content, even if we link to those services from our Platform.

4.9 Revisions to this Policy

We may modify this Privacy Policy from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this policy, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, the revised Privacy Policy applies to you.

4.10 Contact Us

If you have any questions about this Privacy Policy, please contact us at


 

Cookie Policy

Version 1: September 1, 2017

As described in our Privacy Policy above, we and our service providers use cookies and other technologies to provide our Platform and to enhance your experience. This Cookie Policy sets out some further detail on how and why we use these technologies on our Platform, which includes any website, application, or service we offer. The terms "Meetup," "we," "us," and "our" include Meetup Inc. and our affiliates. By using our Platform, you consent to storage and access to cookies and other technologies on your device, in accordance with this Cookie Policy.

Cookies

What Cookies Are. Cookies are small data files which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow us to recognize your device.

How We Use Cookies. Cookies serve a variety of functions, like enabling us to remember certain information you provide to us as you navigate between pages on the Platform. We use cookies for the following purposes:

  • Authentication: We use cookies to recognize you if you are logged in to our Platform. This lets us personalize your experience on or with the Platform in the ways described below. In addition, we may employ third-party services that may use cookies to help you sign into their services from our Platform.

  • Security: We use cookies to support or enable security features we have deployed, and to help us detect malicious activity and violations of our Terms of Service. These cookies help us prevent fraudulent use of login credentials.

  • Services, features, and preferences: We use cookies to provide functionality and help us deliver our products and services according to your preferences. For example, we use cookies to know which language you prefer, what your communications preferences are, to show you personalized views related to your interests and groups, and in order to help you fill out forms on the Platform.

  • Performance, Analytics and Research: We use cookies to help us analyze how the Platform is being accessed and used, and enable us to track performance of the Platform. This helps us to understand, improve, and research features and content on the Platform. We may also use other services, such as Google Analytics or other third-party cookies, to assist with analyzing performance on our Platform. As part of providing these services, these service providers may use cookies and the technologies described below to collect and store information about your device, such as time of visit, pages visited, time spent on each page of the Platform, links clicked and conversion information, IP address, browser, mobile network information, and type of operating system used.

  • Meetup ads: We partner with third party publishers, advertising networks and service providers to manage our ads on other sites. Our third party partners may set cookies on your device or use the technologies described below to gather information about your activities on the Platform and other sites and online services you use, in order to provide you with Meetup ads that match member profiles or interests. For example, if you visit our Platform and also use a social media platform, you may see a Meetup ad on those social media platforms.

  • Third party advertisers: We may work with advertisers, and advertising service providers to serve ads that may be relevant to you based on your inferred interests, location or other information collected about you, which may use a cookie or the technologies described below, placed by Meetup or the third party (although we would not share any other information that identifies you with an advertiser) on our Platform, or on a third party website or online service. The placing of these technologies on your device may enable you to be identified across multiple websites and online services.

 

Duration of Cookies. Some cookies, known as "session cookies", will stay on your device only for as long as you are accessing our Platform. Others, known as "persistent cookies", are stored on your device for longer periods.

Other Technologies

Use of Other Technologies. We may allow others to provide analytics services and serve advertisements on our behalf. In addition to the uses of cookies described above, these entities may use other methods, such as the technologies described below, to collect information about your use of the Platform and other websites and online services.

Pixels tags. Pixel tags (which are also called clear GIFs, web beacons, or pixels), are small pieces of code that can be embedded on websites and emails. Pixels tags may be used to learn how you interact with our site pages and emails, and this information helps us and our partners provide you with a more tailored experience.

Device Identifiers. A device identifier is a unique label can be used to identify a mobile device. Device identifiers may be used to track, analyze and improve the performance of the Platform and ads delivered.

Local storage. Local storage is an industry-standard technology that enables the storage and retrieval of data on a computer, mobile phone or other device. Local storage may be used to store member preferences on devices.

 

Opting Out

Cookies. Most devices and web browsers are set to accept cookies by default. If you prefer, you may be able to remove or reject cookies. You can learn more about how to block cookies by visiting allaboutcookies.org. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Platform.

Targeted Advertising. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on third party websites may offer you a way to prevent such targeted advertisements by opting out at the websites of industry groups such as the Digital Advertising Alliance, or if located in the European Union, the European Interactive Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example Google's Ad Preference Manager. Your device may also include a feature that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes. Note that even if you choose to opt out of receiving targeted advertising, you may still receive advertising, although it should not be tailored to your interests or activities.

Revisions to this Policy

We may modify this Cookie Policy from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Cookie Policy, we will provide additional notice to you, such as by sending you an email, or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Cookie Policy.