PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR APP. IF YOU DO NOT AGREE TO THIS AGREEMENT YOU MAY NOT ACCESS OR OTHERWISE USE OUR APP. NOTE: FLIC APP MAY ONLY BE USED BY INDIVIDUALS, U.S RESIDENTS, WHO ARE 13 YEARS OLD AND OVER.
For purposes of this Agreement, "You", "Yourself" or "Your" means the person who uses the APP and accepts the terms and conditions of this Agreement. “We”, “Us”, “FLIC” means Flic and Lifehack Labs, LLC. “Service” or “APP” means the mobile software application we have developed that enables you to manage and organize your mobile digital photos in a fast, easy and efficient way.
1. Acceptance of Agreement. By using our APP, You agree to be bound by these terms and conditions of use (this "Agreement "). This Agreement sets out the legally binding terms of your use of our APP. We reserve the right, in our sole discretion, at any time, for any reason whatsoever, with or without notice, to terminate, suspend or modify the Services or this Agreement. Such modifications to be effective upon posting by us on Flic website.
6. Editing, Deleting and Modification. We reserve the right, in our sole discretion and without further notice to edit, reverse, delete, and amend our Service and/or our Site including this Agreement and Private Policy.
7. Copyright. Any of the APP/Site content including, but not limited to, graphics, design and any other intellectual property is protected under applicable copyrights, trademarks, registered trademarks and other proprietary rights and are the property of Lifehack Labs, LLC., We own and retain all proprietary rights in all content, trademarks, trade names, service marks and other intellectual property rights in the Service. Copying, modifying, transmitting, creating any derivative works from, making use of, or reproducing in any way our intellectual property or proprietary rights, without our prior written consent, is strictly prohibited.
8. Submissions. All suggestions, concepts, ideas and feedback you may from time to time send to us ("Submissions") shall be deemed our sole property and we shall own all known and existing rights of every kind and nature regarding the Submissions. You acknowledge and agree that we shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to you.
10. Disclaimer. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SIACLAIMED. THE USE OF OUR APP AND SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR IT AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, PHOTOS/VIDEOS, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED. IN PARTICULAR, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. OUR SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE APP SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. Limitation of liability. We, our employees, parent companies, subsidiaries, affiliates, directors, officers, investors, managers, employees, and agents shall not be liable for any damages, special, consequential, or otherwise, arising out of, or in any way connected with your use of our Service and/or APP FLIC AND LIFEHACK LABS, LLC’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR SERVICE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED TEN DOLLARS ($10). SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, AND AS SUCH THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, OUR, OUR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Legal Compliance. You agree to comply with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to your use of the APP.
13. Waiver and Severability: No waiver by us of any right under these Terms will be deemed a waiver of any other right, term, or provision of these Terms at that time or a waiver of that or any other right, term, or provision of these Terms at any other time. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
14. Venue and Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OUR PRIVATE POLICY, SERVICE AND APP, SHALL BE LITIGATED ONLY IN the New York State Supreme Court located in New York, NY, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with FLIC/LIFE HACK LABS, LLC. AND YOU ARE WAIVING ANY CLAIM THAT NY, NEW YORK, IS AN INCONVENIEN/IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Life Hack Labs, LLC in the State of New York, USA. As such, the laws of the State of New York governs this Terms, without giving effect to any principles of conflicts of laws.