This End-User Acceptable Use Policy (the ”Policy”) intervenes between yourself (the “End-User”) and your service provider (the “Company”) (collectively, the “Parties”).
Both Parties agree that your use of the Flinks Solution (the “Service”) from within the Company’s designated website or application (the “Software”) is subject to the following terms.
1. Proprietary Rights. You agree that the usage of the Service does not grant you any intellectual property, proprietary or other rights to the Service. You agree to use information, data or other materials delivered to you through the Service (the “Data”) only with the Software. You agree not to copy, reproduce, distribute, transform or otherwise create derivative works from the Data. Furthermore, you agree not to reverse engineer, disassemble, decompile, derive or otherwise transform, or attempt any of the foregoing, any of the Service technology.
2. Content You Provide. You are licensing the Company and Flinks Technology Inc. (“Flinks”) to use any information you provide through or to the Service (collectively, “Content”). The Company and Flinks may use, modify, display, distribute and create new material using such Content to provide and enhance the Service and as permitted by applicable laws and regulations. By submitting Content, you expressly agree, or represent that the owner of such Content has expressly agreed, that the Company and Flinks be permitted to use the Content for the purposes set out above, without the payment of any fee.
3. Third Party Accounts. By using the Software and the Service, you authorize the Company and Flinks to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant the Company and Flinks a limited power of attorney, and you hereby appoint the Company and Flinks as your true and lawful attorney-in-fact and agent, with full powers of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party websites, servers or documents, retrieve and use information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person, but only as required to provide you the Service and as permitted by applicable laws and regulations. You acknowledge and agree that when the Company or Flinks accesses and retrieves information from third party instances, the Company and Flinks are acting as your agent, and not the agent of or on behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service.
4. Disclaimer of Warranties. You expressly understand and agree that:
a) Your use of the Service and all information, products and other content (including that of third parties) included in or accessible from the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Company and Flinks expressly disclaim all warranties of any kind as to the Service and all information, products and other content (including that of third parties) included in or accessible from the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
b) The Company and Flinks make no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or (iv) any errors in the technology will be corrected;
c) Notwithstanding anything to the contrary in this Policy, any material downloaded or otherwise obtained through your use of the Service is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Company or Flinks through or from the Service will create any warranty not expressly stated in these terms.
5. Limitation of Liability. You agree that neither the Company nor Flinks, nor any of their affiliates, account providers or any of their affiliates, will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if the Company or Flinks has been advised of the possibility of such damages, resulting from:
a) the use or the inability to use the Service;
b) the cost of getting substitute goods and services;
c) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Service;
d) unauthorized access to or alteration of your transmissions or data;
e) statements or conduct of anyone on the Service;
f) the use, inability to use, unauthorized use, performance or non-performance of any third party account provider website, even if the provider has been advised previously of the possibility of such damages; or
g) any other matter relating to the Service.
6. Suspension or Revocation of Access. You agree that, in the event of a suspected, attempted or confirmed breach of your obligations pursuant to this Policy, the Company and/or Flinks may suspend or revoke your access to the Service without prior notice.
7. Indemnification. You agree to protect and fully compensate the Company and Flinks and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys/legal fees) caused by or arising from your use of the Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
8. Third Party Beneficiary. You agree that Flinks is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if it were a party to this Policy.