Terms and Conditions of Use

Terms and Conditions of Use
The Flickamo website is provided for your and others’ personal enjoyment, subject to these terms and conditions of use and all modifications thereto (terms and conditions), and any additional rules that may be communicated from time to time by Flickamo.  By using this site, you are deemed to have agreed to these terms and conditions.  Flickamo may change the terms and conditions from time to time and at anytime without actual notice to you.  All such changes to these terms and conditions will appear on flickamo.com.  By using this site after we post any such changes, you agree to accept those changes, whether or not you have reviewed them.  If at anytime you choose not to accept these terms and conditions, please do not use flickamo.com.

User Conduct
This website or any other interactive services that may be available to you on or through this site are provided to you solely for entertainment.  By using the website you acknowledge and agree that you are at least 13 years old and you agree: to provide true, accurate, current and complete information about yourself as prompted by the registration form and to maintain and update this information to keep it true, accurate, current and complete.  If any information provided by you is untrue, inaccurate, not current or incomplete, Flickamo reserves the right to terminate your account and refuse any and all future use of the website.

Without limitation of the foregoing, you agree not to use the website to:

  • Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages, or other content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
  • Upload, post, publish, email, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, gender identity, sexual orientation, race, ethnicity, age, or disability;
  • Stalk another;
  • Impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the website.
  • Upload, post, publish, email, reproduce, distribute or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  • Upload, post, publish, email, reproduce, distribute or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post, publish, email, reproduce, distribute or transmit any unsolicited or unauthorized advertising, promotional materials (spam, junk mail, chain letters, pyramid schemes) or any other form of solicitation;
  • Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
  • Interfere with or disrupt Flickamo or its servers or networks connected to Flickamo, or disobey any requirements, procedures, policies or regulations of networks connected to Flickamo; or
  • Intentionally or unintentionally violate any applicable local, provincial, national, or international law.

You also agree that you will not harvest, collect or store information about the users of Flickamo or the content posted by others on this website or use such information for any purpose inconsistent with the purpose of this website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that Flickamo does not pre-screen, monitor, review or edit the content posted by users.  However, Flickamo and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any content or advertising, in whole or part, that, in Flickamo’s judgement, does not comply with these terms and conditions or is otherwise undesirable, inappropriate or inaccurate.  Flickamo is not responsible for any failure, non-failure or delay in removing such content.

You acknowledge and agree that Flickamo may preserve content and may also disclose content if required to do so by law that such preservation or disclosure in reasonably necessary to comply with legal process; enforce these terms and conditions; respond to claims that any content violates the rights of third parties; or protect the rights, property, or personal safety of Flickamo, its users and the public.

You understand that the technical processing and transmission of the website, including content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.  Flickamo assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to Flickamo.com.

Any or all content on the website may be purged periodically at Flickamo’s sole discretion.  You acknowledge and agree that content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content.  In this regard, you acknowledge that you may not rely on any content created by Flickamo or submitted to Flickamo.  You further acknowledge and agree that the views expressed on the site do not necessarily reflect the views of Flickamo, and Flickamo does not support or endorse any content posted by you or any. 

Flickamo
As part of the services Flickamo.com provides users with the ability to participate in Flickamo, a virtual game which allows users to compete against other users.  The interests in the particular properties and Flickamo in general are in no way related to the actual properties themselves.  Flickamo is intended for entertainment purposes only and any actual betting, wagering or gambling based on the information provided on the website or through Flickamo is strictly prohibited.

 
As part of your participation in Flickamo, you will be required to choose a username and password.  You shall notify Flickamo of any known or suspected unauthorized use of your username or password, or any known or suspected breach of security.  You shall be responsible for maintaining the confidentiality of your password.  You are responsible for all usage or activity on the website through your password, including use of your Flickamo password by any third party.  Your account is unique to you and may not be transferred to any other party.  You may terminate your account at any time by sending your request to support@flickamo.com or selecting the delete my account option in your accounting settings.  Flickamo may, in its sole discretion, terminate or suspend your access to all or part of the site for any reason, including without limitation, breach of these terms and conditions. 

Flickamo is provided free of charge to users.  Flickamo reserves the right to determine and modify qualification criteria.  Users must complete the on-line registration form.  Acceptance is at Flickamo’s sole discretion.  Flickamo may cancel your account at any time for any reason.  If these terms and conditions or any future changes are unacceptable to you, you may cancel your account by sending email to support@flickamo.com or by selecting delete my account option in your account settings.

Restrictions on use of material
The content on this website is intended for entertainment purposes only.  Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the website.  Only if you obtain prior written consent from Flickamo – and from all other entities with an interest in the relevant intellectual property – may you publish, display or commercially exploit any material from the website.  To see our position, you may write to us at our address below.  If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

By submitting or sending information or other material to Flickamo, you represent and warrant that the information is original to you and that no other party has any rights to the material.

You must abide by all additional copyright notices or other restrictions contained on the website.

Unsolicited Material
In operating this site, Flickamo does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. Any information or material submitted or sent to Flickamo, will be deemed not to be confidential or secret, and not to impose any obligation on Flickamo to store or return. 

User’s Grant of Limited License
By submitting or sending information or other material to Flickamo.com, you grant Flickamo a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and / or to incorporate it in other works in any form, media, or technology now known or later developed.
You also warrant that any moral rights in posted materials have been waived.

Linked Sites
You may be able to link to third parties’ websites from the Flickamo website.  Linked sites are not reviewed, controlled, or examined by Flickamo in any way and Flickamo is not responsible for the services, content, availability, advertising, products or other materials of any such lined sites, or any additional links contained therein.  These links do not imply Flickamo’s endorsement of or association with the linked sites.  It is your sole responsibility to comply with the appropriate terms of service of the linked sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such linked sites and any content contained thereon.  In no event shall Flickamo be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the linked sites or the information or material accessed through these linked sites.  You should direct any concerns to that site’s administrator.  Flickamo reserves the right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the linked sites from the website and / or introduce different features or links to different users.

Please note: Linked sites may contain content and graphics that contain material unsuitable for minors or that may otherwise be offensive, if you enter these linked sites, you assert that you are of legal adult age in your jurisdiction to view such materials and that the viewing, reading, and / or downloading of content from these linked sites does not violate the community standards of your municipal, state, province, country or other community to which you belong, and / or from which you access these linked sites.

Other sites may link to the website only through a plain-text link.  Permission must be granted by Flickamo for any other type of link to flickamo.com.  To seek permission, you may write to Flickamo.  We reserve the right, however to rescind any permission granted by us to link through a plain-link or any other type of link, and to require termination of any such link to the website, at our discretion at any time.

Intellectual Property Rights
As between Flickamo and you, Flickamo is the sole owner of all content on the website, including without limitation, all applicable Canadian and non-Canadian copyrights, patents, trademarks, trade secrets, and other intellectual property rights thereto.  Except as otherwise specifically, you may not download or save a copy of the website or any portion thereof, for any purpose.  You may, however, print a copy of individual screens appearing as part of the website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.  All title and intellectual property rights in and to the content of the linked sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Parental Permissions
This website is not intended to be a children’s site, therefore, some of the available information may contain certain topics that may not be appropriate for children.  Only persons ages 13 or over who comply with these terms and conditions are eligible to use this website.  Flickamo may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content and Flickamo may limit access to certain content to users above a specific age.  You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. 

Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so.  We urge you to read our privacy policy.

Disclaimer of Warranties
The website and services are provided as is, where is, and as available without warranty of any kind, either express or implied.  Without limitation of the foregoing, Flickamo specifically disclaims any and all warranties, including, but not limited to: any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness or otherwise of the content of the website or services, and any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose.  This disclaimer of liability applies to any damages or injury caused by the website, including without limitation as a result of any error, omission, deletion or defect in the content, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation or under any other cause of action.  Flickamo does not warrant or guarantee that any portion of the website will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; or that access to the website will be uninterrupted or error-free.

Flickamo does not warrant or make any representations regarding the use of the results of the use of the materials in this website.  You assume the entire cost of all necessary servicing, repair or correction.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liabilities
In no event will Flickamo, its officers, directors, employees, parents, affiliates, successors or assigns be liable to any party for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the availability, use, reliance on, or inability to use the website, even if Flickamo or its agents have been advised or should have been aware of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise, or for any claim attributable to errors, omissions, or other inaccuracies in , or destructive properties of the website,.  Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Flickamo’s liability shall be limited to the fullest extent permitted by law.

Indemnification
By agreeing to use the website, you agree to defend, indemnify and hold Flickamo, its affiliates, offices, directors and employees harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the website or services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any content or other materials by you or users authorized by you or any violation of these terms and conditions by you.

Copyrights
We respect the intellectual property rights of others, and require that the people who use the Flickamo website do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the address below.
Your username, address, telephone number, and email address;

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

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You agree that the laws of the Province of Ontario without regard to its conflicts-of-law rules, shall govern these terms and conditions.  Please note that your use of Flickamo may be subject to other local, provincial, national and international laws.  You expressly agree that exclusive jurisdiction for any claim or dispute with Flickamo or relating in any way to your use of the website resides in the courts of the Province of Ontario, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Ontario in connection with any such dispute, including without limitation any claim involving Flickamo or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. 

We control and operate this site from our offices in Canada.  We do not represent that materials on the site are appropriate or available in other locations.  Persons who choose to access this site from other locations do so at their own risk on their own initiatives, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

Any inquiries concerning these terms and conditions of use should be directed to support@flickamo.com.

LAST UPDATED March 24, 2011