Welcome to Flakex. The Flakex website (the "Site") is comprised of various
web pages operated by Flakex, Inc ("Flakex"). Flakex is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein (the "Terms"). Your use of Flakex constitutes
your agreement to all such Terms. Please read these terms carefully, and keep
a copy of them for your reference.
Flakex is a Social Networking Mobile Application.
Flakex is an app for sports pickup games, health, fitness and connectivity
unlike any other. Create the best possible outcome for any event of your
choosing by tracking other user’s flake percentage. You are just an app away
from bringing the A-Team in. The flake percentage allows you, the host, to
control users’ accountability for playing the sport. This powerful tool will
change the way you meet people, by bringing together friends and strangers to
engage in activities that you all love to do. The goal of this app is to get
people outdoors again by making meetups easier than ever to create!
Your use of Flakex is subject to Flakex's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Visiting Flakex or sending emails to Flakex constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Flakex is not responsible for third party access to your account that results from theft or misappropriation of your account. Flakex and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Flakex does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Flakex only with permission of a parent or guardian.
Please see Cancellation Policy to better understand how cancellations work. You may also reach out to us via Contact Us.
Flakex may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of Flakex and Flakex is not responsible for the
contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Flakex is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Flakex of the site or any association with
its operators.
Certain services made available via Flakex are delivered by
third party sites and organizations. By using any product, service or
functionality originating from the Flakex domain, you hereby acknowledge and
consent that Flakex may share such information and data with any third party
with whom Flakex has a contractual relationship to provide the requested
product, service or functionality on behalf of Flakex users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access
and use Flakex strictly in accordance with these terms of use. As a condition
of your use of the Site, you warrant to Flakex that you will not use the Site
for any purpose that is unlawful or prohibited by these Terms. You may not use
the Site in any manner which could damage, disable, overburden, or impair the
Site or interfere with any other party's use and enjoyment of the Site. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos,
images, as well as the compilation thereof, and any software used on the Site,
is the property of Flakex or its suppliers and protected by copyright and
other laws that protect intellectual property and proprietary rights. You
agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not
make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content, in whole or in part, found on the Site. Flakex content is not for
resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use
protected content solely for your personal use, and will make no other use of
the content without the express written permission of Flakex and the copyright
owner. You agree that you do not acquire any ownership rights in any protected
content. We do not grant you any licenses, express or implied, to the
intellectual property of Flakex or our licensors except as expressly
authorized by these Terms.
The Site may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"). You agree
to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not: defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity)
of others; publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary
consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such
messages; conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in
such manner; falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded; restrict or
inhibit any other user from using and enjoying the Communication Services;
violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service; harvest or otherwise collect
information about others, including e-mail addresses, without their
consent; violate any applicable laws or regulations.
Flakex has no obligation
to monitor the Communication Services. However, Flakex reserves the right to
review materials posted to a Communication Service and to remove any materials
in its sole discretion.
Flakex reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for any
reason whatsoever. Flakex reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Flakex's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Flakex does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, Flakex specifically disclaims any
liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and
hosts are not authorized Flakex spokespersons, and their views do not
necessarily reflect those of Flakex.
Materials uploaded to a Communication
Service may be subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Flakex does not claim ownership of the materials you provide to Flakex
(including feedback and suggestions) or post, upload, input or submit to any
Flakex Site or our associated services (collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting your Submission you
are granting Flakex, our affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Flakex is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in Flakex's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit the
Submissions.
You will be able to connect your Flakex account to third party accounts. By connecting your Flakex account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Flakex from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Flakex Content accessed through Flakex in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Flakex, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Flakex reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Flakex in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Flakex agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Flakex, Inc AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Flakex, Inc AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR
ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Flakex, Inc AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLAKEX,
LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Flakex, Inc OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Flakex reserves the right, in its sole discretion, to terminate your access to
the Site and the related services or any portion thereof at any time, without
notice. To the maximum extent permitted by law, this agreement is governed by
the laws of the State of New York and you hereby consent to the exclusive
jurisdiction and venue of courts in New York in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Flakex as a result of this agreement or
use of the Site. Flakex's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in
derogation of Flakex's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or
information provided to or gathered by Flakex with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Flakex with respect to the Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Flakex with respect to the
Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
Flakex reserves the right, in its sole discretion, to change the Terms under which Flakex is offered. The most current version of the Terms will supersede all previous versions. Flakex encourages you to periodically review the Terms to stay informed of our updates.
Flakex welcomes your questions or comments regarding the Terms.
Effective as of August 09, 2021