Flickeria realizes that making purchases online requires trust. At Flickeria, we value our customer’s trust and privacy. We pledge to protect the security and privacy of any personal information you provide to us. This includes, and is not limited to, any and all information you submit to us to complete an order, make a purchase, stream a movie, or request information from Flickeria.
1. Acceptance of the Terms
The Terms are entered into by and between Flickeria and You. Any reference herein to Flickeria shall be deemed to refer to Flickeria and/or the website, as applicable under the circumstances. The products offered for sale or rent and other on-line resources accessible via the Website, are provided to You, subject to these Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the Website.
Flickeria may make improvements and/or changes to our website including the products, programs, services and prices that are offered or described on our website, at any time, without prior notice. Flickeria warrants that the products offered are available to be shipped to all customers and that product descriptions or other content our website is accurate, complete, reliable, current and error-free. If a product offered on our website is not as described, Your sole remedy is to return the product in unused condition.
Flickeria reserves the right to update or modify these Terms and, any additional terms, codes of conduct or guidelines, without prior notice. You are responsible for regularly reviewing these Terms and Your continued use of our website constitutes Your agreement as to all such updated or modified terms.
3. Intellectual Property Rights
Flickeria and Flickeria .com is the property of Flickeria. Except as set forth herein, none of the Content may be copied, reproduced, framed, modified, removed, sold, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise exploited, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Flickeria.
4. Your Conduct
You agree to use our website only for lawful purposes.
5. Comments, Communications and Other Content
All comments, communications, ideas, and other content disclosed, submitted or offered to Flickeria on or by our website or otherwise disclosed, submitted or offered in connection with Your use of our website (collectively, the “Comments”) shall be and remain Flickeria’s property.
Flickeria may provide, or third parties may provide, links to other Internet sites or resources. Because Flickeria has no control over such sites and resources, You acknowledge and agree that Flickeria is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You agree to indemnify and hold Flickeria, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the use of our website.
8. Disclaimer of Warranties
YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY ADE ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON OUR WEBSITE IS PROVIDED “AS IS”, “WITH ALL FAULTS,” AND IS FOR COMMERCIAL USE ONLY.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ADE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF ADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE OUR WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM OUR WEBSITE.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH OUR WEBSITE AND WILL NOT MAKE A CLAIM AGAINST ADE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
YOU AGREE TO HOLD ADE HARMLESS FROM, AND YOU COVENANT NOT TO SUE ADE FOR, ANY CLAIMS BASED ON USING OUR WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
11. Site Security
You are prohibited from violating or attempting to violate the security of the Flickeria website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Flickeria website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of our website or any activity being conducted on our website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our website other than the search engine and search agents available from Flickeria on our website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
12. Termination of Use
Flickeria, in its sole discretion, may terminate Your password, Your account, Your use of any of the on-line resources available on our website, and remove and discard any Content on our website, for any reason, including, without limitation, for lack of use or if Flickeria believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to our website under any provision of the Terms may be effected without prior notice, and Flickeria may immediately de-activate or delete Your account and all related information and files in Your account and/or bar any further access to such files or to our website. Further, Flickeria will not be liable to You or any third-party for any termination or suspension of Your Account or Your access to our website.
13. General Information
The Terms constitute the entire agreement between You and Flickeria and govern Your use of our website. Any breach of the Terms will result in irreparable harm to Flickeria for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Flickeria will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Flickeria seeks such an injunction.
New York law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and Flickeria agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.
New York controls and operates our website from its headquarters in New York, New York, United States of America, and makes no representation that this Content is appropriate or available for use in other locations. If You use our website from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from our website to either a foreign national or a foreign destination in violation of such laws.
The failure of Flickeria to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms represent the entire understanding relating to the use of the Flickeria website and prevail over any prior or contemporaneous, conflicting, or additional, communications.