Terms of Service

FIickNews ("we," "us," "our") is the operator of FIickNews and any associated products and services that link to or reference these legal terms (the "Legal Terms") (collectively referred to as the "Services").

For any inquiries, you may reach us at flicknewsapp@gmail.com.

These Legal Terms establish a legally enforceable agreement between you, either as an individual or on behalf of an entity ("you"), and FIickNews, regarding your access to and use of the Services. By accessing the Services, you acknowledge that you have read, comprehended, and consented to these Legal Terms. Should you disagree with any portion of these Legal Terms, you are explicitly prohibited from utilizing the Services and must cease use immediately.

Additional terms, conditions, or documents that may be published on the Services periodically are explicitly incorporated into these terms by reference. We maintain the right, at our discretion, to implement changes or modifications to these Legal Terms at any time for any purpose. Changes will be indicated by updating the "Last updated" date of these Legal Terms, and you forfeit any right to specific notification of such changes. It is your duty to regularly review these Legal Terms to remain informed of updates. Your continued use of the Services after the posting of revised Legal Terms indicates your acceptance of such changes.

We advise you to maintain a printed copy of these Legal Terms for your records.

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. PROHIBITED ACTIVITIES

5. USER GENERATED CONTRIBUTIONS

6. CONTRIBUTION LICENSE

7. SERVICES MANAGEMENT

8. TERM AND TERMINATION

9. MODIFICATIONS AND INTERRUPTIONS

10. GOVERNING LAW

11. DISPUTE RESOLUTION

12. CORRECTIONS

13. DISCLAIMER

14. LIMITATIONS OF LIABILITY

15. INDEMNIFICATION

16. USER DATA

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

18. MISCELLANEOUS

19. CONTACT US

The Services' information is not intended for distribution or utilization by any person or entity in jurisdictions or countries where such distribution or use would contradict local laws or regulations, or which would require us to register in such jurisdiction or country. Individuals accessing the Services from other locations do so voluntarily and are solely responsible for adherence to local laws, where applicable.

Our intellectual property

We hold ownership or license to all intellectual property rights in our Services, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are safeguarded by copyright and trademark laws, along with various other intellectual property rights, unfair competition laws, and international treaties.

The Content and Marks are provided through the Services "AS IS" solely for your personal, non-commercial use or internal business purposes.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section, we grant you a non-exclusive, non-transferable, revocable license to:

- access the Services

- download or print any portion of the Content to which you have properly gained access

This license is granted solely for your personal, non-commercial use or internal business purposes.

Except as outlined in this section or elsewhere in our Legal Terms, no portion of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our explicit prior written permission.

By using the Services, you represent and warrant that:

(a) You possess the legal capacity and agree to abide by these Legal Terms;

(b) You are not a minor in the jurisdiction where you reside;

(c) You will not access the Services using automated or non-human methods, including but not limited to bots, scripts, or any similar means;

(d) You will not use the Services for any illegal or unauthorised purpose; and

(e) Your use of the Services will comply with all applicable laws and regulations.

If any information you provide is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and to refuse any current or future use of the Services (or any part thereof).

You may only access or use the Services for the purpose for which we have made them available. The Services may not be used in connection with any commercial endeavours except those specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services in order to directly or indirectly create or compile a collection, compilation, database, or directory without our written consent.

Trick, defraud, or mislead us and other users, particularly in any attempt to obtain sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with any security-related features of the Services, including those that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

Use any information obtained from the Services to harass, abuse, or harm any individual.

Improperly use our support services or submit false reports of abuse or misconduct.

Use the Services in any manner that is inconsistent with any applicable laws or regulations.

Engage in unauthorised framing of or linking to the Services.

Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other harmful material, including the excessive use of capital letters and spamming (continuous posting of repetitive text), which interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

Engage in any automated use of the system, such as using scripts to send comments or messages, or employing any data mining, robots, or similar data gathering and extraction tools.

Remove the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or individual, or use another user’s username.

Upload or transmit (or attempt to upload or transmit) any material that functions as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms," or "pcms").

Interfere with, disrupt, or impose an undue burden on the Services or the networks or services connected to the Services.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

Attempt to bypass any measures designed to prevent or restrict access to the Services, or any part thereof.

Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as allowed by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software that comprises or in any way forms part of the Services.

Except as may result from standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system—including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services—or use or launch any unauthorised script or other software.

Use a buying agent or purchasing agent to make purchases on the Services.

Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

The Services do not inherently offer users the ability to submit or post content. However, we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services. This includes, but is not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be accessible to other users of the Services and through third-party websites. When you create or make available any Contributions, you represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe upon the proprietary rights—including, but not limited to, copyright, patent, trademark, trade secret, or moral rights—of any third party.

You are the creator and owner of, or have the necessary licences, rights, consents, releases, and permissions to use, and to authorise us, the Services, and other users of the Services to use, your Contributions in any manner contemplated by the Services and these Legal Terms.

You have obtained the written consent, release, and/or permission from each and every identifiable individual appearing in your Contributions to use their name or likeness, thereby permitting the inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any person.

Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against any individual.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not infringe upon the privacy or publicity rights of any third party.

Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits individuals under the age of 18 in a sexual or violent manner.

Your Contributions do not violate any applicable law regarding child pornography or any laws intended to protect the health or well-being of minors.

Your Contributions do not include any offensive comments relating to race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing constitutes a breach of these Legal Terms and may result, among other consequences, in the termination or suspension of your rights to use the Services.

By providing suggestions or feedback regarding the Services, you acknowledge that we may use and share such feedback for any purpose without providing compensation to you.

We claim no ownership rights over your Contributions. You maintain complete ownership of all your Contributions and any associated intellectual property rights or other proprietary rights. We bear no liability for any statements or representations in your Contributions that you provide in any area of the Services. You maintain sole responsibility for your Contributions to the Services and explicitly agree to absolve us from any responsibility and refrain from legal action against us regarding your Contributions.

We retain the right, but not the obligation, to:

- Monitor the Services for violations of these Legal Terms

- Take appropriate legal measures against anyone who, in our judgment, violates the law or these Legal Terms, including reporting such users to law enforcement authorities

- At our discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or portions thereof

- At our discretion and without notice or liability, remove from the Services or disable any files and content that are excessive in size or burden our systems

- Manage the Services in a manner designed to protect our rights and property and facilitate proper functioning of the Services

These Legal Terms remain effective throughout your use of the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY OR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION.

We may terminate your use or participation in the Services or remove any content or information you posted at any time, without warning, at our discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fictitious or borrowed name, or the name of any third party, even if acting on behalf of that third party. Beyond terminating or suspending your account, we reserve the right to pursue appropriate legal action, including seeking civil, criminal, and injunctive remedies.

We reserve the right to modify, change, or remove Services content at any time or for any reason at our discretion without notice. However, we have no obligation to update any information in our Services. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee continuous Service availability. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms shall obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

These Legal Terms shall be governed by and interpreted according to the laws of Australia. FIickNews and you irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute arising in connection with these Legal Terms.

Informal Negotiations

To expedite resolution and manage the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from or in connection with these Legal Terms, including questions regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, by reference, is considered part of this clause.

The arbitration panel shall consist of 3 arbitrators. The seat, or legal place, of arbitration shall be Sydney, Australia. The proceedings shall be conducted in English. The governing law of these Legal Terms shall be the substantive law of Australia.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law:

- No arbitration shall be joined with any other proceeding

- There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures

- There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

- Any Disputes seeking to enforce or protect, or concerning the validity of, any Party's intellectual property rights

- Any Dispute related to, or arising from, allegations of theft, piracy, privacy invasion, or unauthorized use

- Any claim for injunctive relief

If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable. Such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Information on the Services may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS

- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES

- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN

- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES

- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY

- ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising from:

- Your use of the Services

- Breach of these Legal Terms

- Any breach of your representations and warranties set forth in these Legal Terms

- Your violation of the rights of a third party, including but not limited to intellectual property rights

- Any overt harmful act toward any other user of the Services with whom you connected via the Services

Notwithstanding the above, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Services for the purpose of managing the Services' performance, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at flicknewsapp@gmail.com.