1. Background
1.1. www.flock.com (“Website”) and the mobile apps, web interfaces, APIs, documentation, servers and all other Intellectual Property, software and infrastructure (individually referred to as “Flock Product” and collective as “Flock Suite” are owned, registered and operated by Flock FZ-LLC ("Company"), a company, incorporated under the laws of the United Arab Emirates and having its corporate office at F-19, Business Center 1, Business Park. RAKEZ, Ras Al Khaimah, UAE.
1.2. These Terms of Use (“Terms of Use”), which include and hereby incorporate the Privacy Policy (“Privacy Policy”), are a legal agreement between the Company and its related companies (the “Company” or "We" or “Us”) and you ("You" or “User”). By using or accessing Flock, You agree (i) that you are 16 years of age or older, (ii) if You are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms of Service and the Privacy Policy.
1.3. We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website/Flock Product and Your continued use of the Website/Flock Product, and/or the Services (as defined below) constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website/Flock Product.
2. Definitions
2.1. For the purposes of these Terms of Use,
- “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter;
- “Authority” shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in the United Arab Emirates;
- “Minimum Age” shall mean any person aged 16 (Sixteen) years and above;
3. Services and restrictions on use
3.1. We provide an array of services for team communication and collaboration in the form of Flock Products ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent.
3.2. Subject to your compliance with these Terms of Use, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service.
3.3. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms of Use.
3.4. Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms of Use.
3.5. If you violate these Terms of Use, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.
3.6. The various Flock Products within the Flock Suite are offered through various versions, both free and premium. The Company is not obligated to provide any support services with respect to the free version of the various Flock Products and hereby reserves the right to suspend provision of free Flock Products at any time or charge a subscription fee with respect to such Flock Product.
4. Privacy
Your privacy is important to us. Please read the Flock Privacy Policy (the "Privacy Policy") as it describes the types of data we collect from you and your devices ("Personal Data"), how we use your Data, and the legal basis for which we have to process your Personal Data. The Privacy Policy also describes how Flock uses your Personal Data, which is your communications with others; postings submitted by you via the Services; and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the Services. Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Flock’s collection, use, process and disclosure of your content and Personal Data as described in the Privacy Policy. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Policy.
5. Usage of Flock Suite
5.1. If you use a Flock Product, as a User you are responsible for maintaining the security of the devices on which the Flock Product is installed and/or used, as well as the security of your account associated with the Flock Product. You are responsible for all activities that occur on a Flock Product under your account. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the Flock Product. If you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete or that You are misusing Your account in any manner, We reserve the right to indefinitely suspend, terminate or block Your access of to the individual Flock Product and/or the Flock Suite.
6. Your Rights
Many of our Services allow you to store or share any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services or receive material from others (“Content “). We don’t claim ownership of these Content. These Content remains your Content and You are responsible for it.
a. When you share these Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Content without compensating you. If you do not want others to have that ability, do not use the Services to share Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for these Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of these Content will not violate any law or rights of others. Flock cannot be held responsible for these Content or the material others upload, store or share using the Services.
7. Representations, Warranties and Obligations of the Company
We hereby represent and warrant that:
7.1. We are a duly registered company as under the laws of the United Arab Emirates;
7.2. We are in compliance with the Applicable Law to provide Services, subject to these Terms of Use;
7.3. We will comply with the Privacy Policy and ensure data security of the Users at all times as per Flock Privacy Policy.
8. Representations, Warranties and Obligations of the User
You hereby represent and warrant that:
8.1. You are a natural person, of the Minimum Age, competent to contract, have read, understood and agree to be bound by these Terms of Use;
8.2. You have provided accurate information and details to the Company with respect to your use of the Flock Product and shall also keep the contact information up to date;
9. User’s feedback/comments/ suggestions
9.1. While submitting/ posting comments/ suggestions/ opinions/ feedback etc. (“User Content”), You agree and acknowledge that:
- We are not under any obligation of confidentiality, express or implied, regarding the User Content;
- We reserve the right to use or disclose such User Content for any purpose, in any way, as We deem fit;
- By posting/ submitting User Content, the same shall become our intellectual property right without any obligations including but not limited to any compensation or consideration, express or implied to You.
- Any feedback, comments, or suggestions you may provide regarding Flock Suite, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
10. Intellectual Property Rights
10.1. All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your content are owned by the Company and/or its third party licensors.
10.2. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the intellectual property of the Company without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any material posted on the Service by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
10.3. You are only granted a limited, nonexclusive, revocable license to access and make use of the Service after agreeing to these Terms of Use, but do not acquire the intellectual property rights, such as copyrights related to the Website, Flock Products and/or Flock Suite. You may not revise, rent, lease, resell, or distribute the Service or any part of the Service.
11. Links
11.1. The Website, Flock Product and/or the Flock Suite may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
11.2. We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by Flock, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
11.3. On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. Any additional terms do not modify any of these Terms. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.
12. Fraud and Improper Conduct
12.1. You may only access the Flock Suite and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to Your use of the Flock Suite and Services. You agree that You will not in any way:
12.2. Interfere with the ability of others to access or use the individual Flock Products and the Flock Suite;
12.3. Disrupt the normal flow of communication or otherwise act in a manner that adversely affects other Users ability to use Flock Products and/or the Services;
12.4. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
12.5. Post, upload, transmit or otherwise disseminate inappropriate content or material and information that is obscene, indecent, vulgar, pornographic, offensive language, graphic violence, sexual or otherwise objectionable or criminal activity;
12.6. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
12.7. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers;
12.8. Violate the contractual, personal, intellectual property, confidentiality or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
12.9. Violate any Applicable Laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.
13. Limitation and Disclaimer of Warranty
13.1. The Website, the Flock Products and the Flock Suite and each portion thereof are provided "AS IS" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Website, the Flock Products, the Flock Suite and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.
13.2. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of the information shared on the Flock Suite or its Services.
13.3. We shall not be liable if any information shared on the Flock Suite violates Applicable Law or contains material errors, or is (or could be subject to a claim that it is) defamatory, obscene, invades the right of privacy, or infringes any right of any person or entity.
13.4. The content shared on the Flock Suite does not reflect our opinion or view on any subject matter. We shall not be responsible for the opinions or views expressed by the other Users of the Flock Suite and opinions of the other Users in the form of User Content.
13.5. We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Services or due to the non- availability of any of the Flock Products of the Flock Suite.
13.6. We shall not be liable in the event any damage or loss occurs to your computer system, or any other electronic device, or any data as a result of (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the Services; or (iv) unauthorized access, use or alteration of your transmissions or content. in no event shall the aggregate liability of the Company exceed the the amount you paid the Company, if any, in the past six months for the Services giving rise to the claim. the limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
13.7. If You are dissatisfied or harmed by the Flock Suite or anything related with the Flock Suite, Your sole remedy shall be to terminate these Terms of Use by deleting your account credentials associated with the relevant Flock Product.
13.8. We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the Users engaged with the Flock Suite.
13.9. We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions.
13.10. You understand and Acknowledge that the Services are not meant to and do not support or carry calls to emergency services of any kind. The Company shall not be liable for any attempted emergency calls.
14. Indemnification
14.1. You undertake to indemnify Us, for any losses or damages resulting from any third party claims or complaints arising from, or in connection with Your actions on the Website, or the Flock Products and/or breach of this Agreement.
15. Termination
15.1. These Terms of Use shall stand automatically terminated when a User is no longer using at least 1 (one) Flock Product and/or such User’s credentials are disassociated with all Flock Products. We may terminate these Terms of Use with respect to You, immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on the Website or through the Flock Suite from time to time or upon a misuse of the Services by You.
15.2. You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by you and in accordance to Flock Privacy Policy. Further, You will no longer be able to log into the Flock Suite.
16. Severability
16.1. If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.
17. General
17.1. Unless otherwise specified herein, these Terms of Use for Services and the Privacy Policy available here constitutes the entire agreement between you and Flock, in respect of the Services and supersedes all previous written and oral agreements between You and Flock, if any. Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches.
18. Governing Law
18.1. These Terms of Use shall be governed by and constructed in accordance with the laws of United Kingdom, without reference to conflict of laws principles. The courts in London, United Kingdom, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use. You agree to submit to the jurisdiction of the courts in London, United Kingdom, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.