Flayvr Media, Ltd. (“us”, “our”, “we”) offers an exciting mobile application to spice up online experiences by sharing photos, videos and other content or media (the “Application”). These Terms of Service (these “Terms”) govern your use of the Application. As used herein, “You” or a “User” could mean any individual that registers to use or uses the Application (whether to create or to view a Flayvr) or accesses the Application. A “Flayvr” means a collection of photos, videos and other content or media, where the collection is created by the Application.
You do not currently need an account to use the Application. Even so, Users may access the Application using “Facebook Connect” in order to use certain functionality provided by the Application. We may in the future allow you to use other social network or login services, such as “Twitter login” in our sole discretion. In addition, in the future we may allow or require you to create a separate account in order to use or access the Application. We reserve the right to refuse to allow a User to access the Application or open an account for any reason, all at our sole discretion.
You should not reveal your login or account information to other users. We will not ask you to reveal your password or login information. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms.
You agree to immediately notify us of any unauthorized use of your login information or password. You are fully and solely responsible for the security of your computer system and all activity on your account or with your login information, even if such activities were not committed by you. We will not be liable for any losses or damage arising from unauthorized use of your account, login information or password, and you agree to indemnify and hold us harmless for any improper or illegal use of your account or login information, including any mail sent, content posted and any charges and taxes incurred, unless you have notified us via e-mail to email@example.com that your account or login information has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account or login information.
By using the Application, you attest that you are at least 13 years old. If you are under 18 years of age, you confirm that you have the permission of your parents or guardian to use the Application, and that your parent or guardian has agreed to these Terms.
You agree that we may for any reason, in our sole discretion and without notice, cease to allow you to use the Application and remove any Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, or our business interests.
If we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Application. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Application. Any suspension, termination, or cancellation shall not affect your obligations to us under these Terms (including but not limited to ownership, intellectual property, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
We reserve the right to change, update or cease to offer the Application at any time. Use of the Application is currently free, but we may begin charging for use of the Application or any part thereof at any time in our sole discretion.
We and our licensors own the Application, including all worldwide intellectual property rights in the Application, and the trademarks, service marks, and logos contained therein. We hereby grant you a limited, revocable, nonsublicensable license to use the Application solely for your personal or internal use. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Application. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Application. You may not use the Application to provide commercial services to third parties, except as we may expressly agree otherwise in writing.
You are not required to provide us with any feedback or suggestions regarding the Application . However, should you provide us with comments or suggestions for the modification, correction, improvement or enhancement of the Application then you hereby grant us a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner we choose and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of our products and content embodying such comments or suggestions in any manner and via any media we choose, but without reference to the source of such comments or suggestions.
You are solely responsible for any Content you may post, send or write in the Application. “Content” means all photos, videos, statements, works of authorship and any other material in any form that you include in a Flayvr or otherwise upload, post or make available through the Application including, for example but without limitation, comments that you may make on Flayvrs of any party. You represent and warrant that no such Content (a) infringes the intellectual property rights or moral rights or any third party, (b) contains any abusive, defamatory, libelous, pornographic, sexually suggestive, obscene or offensive material, or material that is racially or ethnically insensitive, or (c) violates any law or regulation, or which you reasonably believe (or should reasonably believe) to be false or fraudulent. In addition, except as we may expressly allow, you may not use the Application to post, store, or transmit advertising, promotional material, or solicitations of goods or services. We reserve the rights to remove, suspend access to or permanently delete any Content, without notice, including without limitation any Content that in our reasonable view violates the warranties set forth above.
The Application may allow you to post a Flayvr to your account at a third party social media site or application (such as to your Facebook account), or to send a Flayvr to third parties. You represent and warrant that you have full rights to access any such social media account, and to post a Flayvr to such account. You further represent and warrant that you have no reason to believe that any recipient of a Flayvr will object to the receipt thereof, or that any such sending of a Flayvr will constitute “spam” under applicable laws or regulations.
We will not distribute any Flayvr without your consent, which consent may be provided through the standard functionality of the Application. Notwithstanding the foregoing, We may suggest certain modifications to the organization and design of any Flayvr, such as providing a theme for the Flayvr or inserting certain logos or designs in the Flayvr, including the commercial logos of any third party. We may discontinue or change such themes without prior notice. As such, you should not have any expectation that a theme suggested by us will remain available without change. In addition, we may link a Flayvr (or any part of a Flayvr) to third party advertising or commercial content, and we may receive a fee from third parties for such links. You expressly agree to such modification of your Flayvr or the linking of such advertising content.
The software and technology underlying the Application is the sole and exclusive property of Flayvr Media Ltd. and its licensors, and you may not do or attempt to do any of the following: (a) attempt to decompile, disassemble, or reverse-engineer any of the software used to provide the Application (including without limitation, for the purpose of obtaining unauthorized access to our Application) without our prior written authorization, including framing or mirroring any part of the Application; (b) circumvent, disable, or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any Content; (c) distribute the Application except as specifically authorized by us; (d) use any robot, spider,
Application search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Application; (e) harvest, collect or mine information about other users of the Application; or (g) use or access another user’s account or password without permission.
We do not endorse any Content or any opinion, recommendation, or advice expressed on the Application or in any Content, and we expressly disclaim any and all liability in connection with Content submitted by any User or other third party. We do not permit or condone copyright infringement or infringement of intellectual property rights on or through the Application. We will remove all infringing user-submitted Content if properly notified of these infringements, and may do so at our sole discretion, without prior notice to users at any time.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Application or made available through the Application infringes their rights under United States copyright law. If you believe that something appearing on the Application or made available through the Application infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us at firstname.lastname@example.org.
Content on the Application comes from a variety of sources. You understand that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any user-generated or submitted Content. Further, you understand and acknowledge that you may be exposed to user-generated Content that is inaccurate, offensive, indecent, or objectionable, and you hereby agree to wave, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. We shall have no liability for the statements or opinions of any third parties made through the Application.
Portions of the Application (including, without limitation, advertisements) may involve linking to or using websites or applications belonging to third parties. We have no control over third- party websites or applications, and all use of third-party websites or applications is at your own risk. We are not responsible for content or services available by means of such websites or applications. We do not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party websites or applications.
YOUR USE OF ANY ASPECT OF THE APPLICATION IS AT YOUR OWN RISK. The Application allows you to create collections of photos, videos and other media, but we make no representation or warranty that such collections will be to your liking, or that they will present such material in a manner acceptable to you or with the organization that you may prefer. The Application is not a data
storage service, and you must make back-ups of all data made available through the Application. We will not be responsible for or have any liability in respect of the loss of any data you have made available through the Application.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE APPLICATION OR ANY CONTENT. NEITHER US NOR ANY OF OUR AFFILIATES, EMPLOYEES, DIRECTORS OR OFFICERS WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR OTHER DAMAGES, WHETHER UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, AND REGARDLESS OF WHETHER WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE, ARISING IN CONNECTION WITH APPLICATION OR CONTENT. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY CONTENT THE WHICH IS PROVIDED BY YOU OR ANY OTHER THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERYTHING AVAILABLE ON OR THROUGH THE APPLICATION IS PROVIDED TO YOU “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND WE EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO GENERAL, INCIDENTAL, CONSEQUENTIAL, APPLICATION OR CONTENT. IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED AMOUNTS PAID BY YOU TO US FOR THE USE OF THE APPLICATION HEREUNDER. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS TO US FOR THE USE OF THE APPLICATION, WE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.
You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) (“Claims”) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your password or login information, or the password or login information of your computer or other device; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Application, including any Claims resulting from your posting or sending of any Flayvr, or the inclusion of any Content in any Flayvr; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right by any Content you post, submit or include in any Flayvr; or (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Application shall be in compliance with all applicable laws, regulations and guidelines.
Flayvr uses the “Droid Dans” font, which is “Copyright (C) 2008 The Android Open Source Project” and is licensed under the Apache 2.0 license. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the text of the license for the specific language governing permissions and limitations thereunder.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Application shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing.
In addition, through your use of the Application, we may collect information concerning your activity on the Application and your comments and messages posted or sent through the Application, such as any metadata you may include with your Content (including without limitation location data associated with any of your videos or photos). In addition, if you tag friends in any Content or post comments in respect of any Content, Flayvr may retain such information. We may collect data regarding your viewing of Content, such as Content that you select, click or zoom in on. We also collect technical data in respect of your computer or mobile device, such as information relating to the type of computer, device or browser that you are using, your language preference and your IP address. Information that we collect that cannot personally identify you is referred to herein as “Non-Personal Information”.
It is your voluntary decision whether to provide us with any information, but if you refuse to provide such information you may not have access to all functionality of the Application.
We will not sell or share Personal Information with third parties without your explicit permission, except as set forth herein or as we believe in good faith is required by law, regulation, subpoena or court order, or to cooperate with any investigation carried out by a law enforcement agency.
We may use Personal Information (including any of your Personal Information that may appear in any meta data of the content in a Flayvr) in order to suggest enhancements for Content, such as themes, images, links and additional content. For example, if your Personal Information appears in a number of Flayvrs, we may create links between all such Flayvrs.
We may use your Personal Information to contact you with Flayvr marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or contact us via email at email@example.com.
If you allow us to access any of your calendar information (such as a calendar or your mobile phone or other device, your Facebook events or any other calendar information you may have) then we may use such calendar information in order to insert information derived from that information into your Flayvr, such as time and event information.
By analyzing the information we collect, including all Non-Personal Information, we may compile certain statistical information, such as anonymous information about how users use the Application and which digital content they view (“Statistical Information”). Statistical data helps understand trends and customer needs so that new products and services can be considered and so existing products and services can be tailored to customer desires. Statistical Information is anonymous and will not be linked to any Personal Information for provision to third parties. We may share such Statistical Information with our partners, without restriction, on commercial terms that we can determine in our sole discretion.
We use Google Analytics to generate detailed statistics about the use of the Application. These statistics can include data regarding the any activity of users on the Application, as detailed above under “Information we Collect”. Statistics generated using Google Analytics do not contain Personal Information.
We may use Personal Information or Non-Personal Information in order to improve the Application and other products and services we may offer. We may use such information in order to suggest other Flayvrs of third parties that we believe you may be interested in, or to optimize any Flayvr that you have used the Application to create. In addition, we may use such information in order to suggest other third party products or services that we believe you may be interested in, and to direct relevant advertising towards you through the Application or any Flayvr.
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or digital content of any User suspected to have engaged in illegal or infringing behavior on or through the Application.
We may transfer our databases containing your Personal Information and Non-Personal Information if we sell our business or part of it.
We may send you notifications or other messages concerning your usage of the Application or prompting you to use the Application. For example, we may send such notifications and messages through “push notification” functionality.
If you use any of the posting or messaging features of the Application, please remember that any information disclosed in these venues may be accessible by third parties even without your knowledge or authorization. In addition, please note that any Flayvr you create may be accessible to any individual that has the appropriate link. You should exercise caution when disclosing any information, including Personal Information, or making any statements or disclosing any opinions in such venues, as you do not know who will access or use such information and for what purposes. We are in no way responsible for the accuracy, use or misuse of any information, including Personal Information, which you disclose in such venues.
We do not knowingly collect personally identifiable information from children under the age of 13, and you must be 18 years of age or older (or have the permission of your parent or guardian) in order to use the Application.
Last updated: September 30, 2012