Terms of Service and Use Agreement
About These Terms
We may modify this Terms and Use Agreement (herein “Agreement”) or any terms and additional terms that apply to Flimp Agency and/or to Flimp Agency website and associated app (collectively herein ”website” or “this website”) to, for example, reflect changes to the law or changes to Flimp Agency or website. You should look at this Agreement regularly.
We will post notice of modifications to terms on this page and in this Agreement and also post a notice of modified additional terms, as may be applicable. Any changes that may apply will not apply retroactively and will become effective immediately. If you do not agree to the modified terms for this Agreement, you should discontinue your use of all Content (defined herein), services, and products associated with this website and the Flimp Agency. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between collectively Flimp Agency and its website and you. This Agreement and terms herein do not create any third party beneficiary rights.
If you do not comply with terms in this Agreement, and we do not take action right away, this does not mean that we are giving up any rights that we may have, such as taking action in the future. If it turns out that a particular term is not enforceable, this will not affect any other terms.
Acceptance of the Terms and Conditions
This Agreement states the terms and conditions under which you may use the Flimp Agency and this website. Please read this Agreement carefully. This website contains various information relating to or dissemination by the Flimp Agency in the form of text, graphics, news, surveys, reports, and other materials (tangible or intangible) and information and content from third-party websites, guest writers, and other resources (herein collectively known as “Content"). By accessing, browsing and/or using this website you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. If you do not accept this Agreement and, therefore, do not agree to by bound by this Agreement, please do not use this website. Flimp Agency reserves the right in its sole discretion to modify, amend, alter or otherwise change this Agreement at any time by posting the amended terms on this website. By using this website after any changes to this Agreement are posted, you are indicating your acceptance of those changes and terms therein.
Your Content on Our Website
If applicable and you upload, submit, store, send or receive Content to or through Flimp Agency and this website in any manner, you give Flimp Agency, and those we work with, a worldwide license to use, host, store, reproduce, modify, create derivative works, such as those resulting from translations, adaptations or other changes we make so that your Content works better with our website to communicate, publish, publicly perform, publicly display, and distribute such Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving Flimp Agency and the website. This license continues even if you stop using Flimp Agency or website.
Restrictions on Use of Materials
This website is provided by Flimp Agency and may be used for informational purposes only.
You acknowledge that this website contains Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of the Flimp Agency or any applicable third party (each a "Contributor") who has been involved in the preparation or publication of the Content. You shall at no time assert any claims of ownership over any Content by reason of your use of or any right to use this website and shall not grant or create or suffer to exist any lien or other security interest arising therefrom.
You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. Using this website does not give you ownership of any intellectual property rights in or of the Content you access. You may not use Content unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used found on this website. Don’t remove, obscure, or alter any legal notices displayed in or along with this website.
The Flimp Agency authorizes you to view and use the Content on this website solely for your personal, noncommercial use. The use of the Content on any other site, including by linking or framing (see “No Framing Allowed” section), or in any networked computer environment for any purpose is prohibited without the Flimp Agency’s prior approval by email or in writing.
For permission to use Content from this website or from any content generated, such as for example a newsletter or survey authored and distributed by Flimp Agency you must request email or written permission and provide full attribution to Flimp Agency. Permission should be requested by contacting firstname.lastname@example.org.
Attribution after permission is given for any Content is as follows: "Reprinted with permission from the Flimp Agency" and include a do follow URL link named and placed appropriately to http://www.flimpagency.com/.
Using Employee Communication Council and/or Website
This website displays some Content that is not Flimp Agency’s. This Content is the sole responsibility of the entity that makes it available. We may review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review Content, so please do not assume that we do. In connection with your use of Flimp Agency and this website, we may send you announcements, administrative messages, and other information. You may opt out of some of those communications.
Business Uses of Employee Communication Council and/or Website
If you are using Flimp Agency, this website, and any of its associated products and services on behalf of a business, that business accepts all terms in this Agreement. The business will hold harmless and indemnify Flimp Agency and its affiliates, third-parties, officers, agents, and employees from any claim, suit or action arising from or related to the use of Flimp Agency and/or this website or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
OUR WARRANTIES AND DISCLAIMERS
We provide this website using a commercially reasonable level of skill and care and we hope that you will enjoy this website and Content therein. But there are certain things that we do NOT promise about Flimp Agency, this website, associated Content and applications, and use.
THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED ON THIS WEBSITE CONSTITUTES LEGAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN Flimp Agency AND ANY OTHER PARTY.
YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE AND ANY AND ALL CONTENT THEREIN ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. NONE OF THE Flimp Agency, ANY OF ITS MEMBERS, AFFILIATES, AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "Flimp Agency PARTIES" OR “PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.
NONE OF THE Flimp Agency PARTIES WARRANTS THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEBSITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS WEBSITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
NONE OF Flimp Agency PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF Flimp Agency PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER THE Flimp Agency NOR ITS EMPLOYEES, CONTRIBUTORS, SUPPLIERS, THIRD-PARY RELATIONSHIPS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE CONTENT OR ANY SERVICES THAT MAY BE PROVIDED. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE ACCURACY OF THE CONTENT WITHIN THE WEBSITE, THE SPECIFIC FUNCTIONS OF THE WEBSITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE Flimp Agency AND THIS WEBSITE AS IS. IT IS UP TO USERS OF THE Flimp Agency AND THIS WEBSITE TO SEE THE VALUE OR NOT.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF Flimp Agency PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH ANY OF THE CONTENT, PAST OR PRESENT, MADE AVAILABLE ON OR THROUGH THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND/OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE.
IN NO EVENT SHALL ANY OF Flimp Agency PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, THIS WEBSITE, SERVICE, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE Flimp Agency PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THIS WEBSITE.
Links to Other Websites
As a convenience to you, this website may provide links to third-party websites through links available on this website including websites of entities that are affiliated with the Flimp Agency (herein ”Third-Party website" or ”Third-Party websites”) where we feel it is appropriate. Lists of links are not complete lists of relevant and/or useful Internet resources. Our decision to link to a Third-Party website is not an endorsement of the content in that linked Third-Party website. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY WEBSITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD PARTY WEBSITE, AND THE Flimp Agency SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.
NOTE: You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party websites, you do so at your own risk. You should direct any concerns to the Third-Party websites’ administrator or webmaster.
No Framing Allowed
Elements of this website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the Content for this website may be retransmitted without the express written consent of the Flimp Agency.
The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is the manager of Flimp Agency. The manger can be reached by email at contact-us page.
Use of Personally Identifiable Information
The Flimp Agency reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of this website or the Content, at any time and for any reason without prior notice or liability. The Flimp Agency reserves the right to change, suspend, or discontinue all or any part of this website or Content at any time without prior notice or liability.
User Must Comply with Applicable Laws
Flimp Agency makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States. If you access this website from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
This website and associated app and Content are all available for viewing and interaction on mobile devices. Do not use this website in a way that distracts you and prevents you from obeying traffic or safety laws.
- In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.
- The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement.
- You agree to use the Content and website only for lawful purposes. You are prohibited from any use of the Content or website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national, or international law or regulation.
- The Flimp Agency’s failure to enforce your strict performance of any provision of Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of Agreement.
- Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, except with regard to its conflicts of law rules. Any action relating to the Content, website, or this Agreement must be brought in the federal or state courts located in Massachusetts, and you hereby irrevocably consent to the jurisdiction of such courts.
- Any cause of action you may have with respect to Flimp Agency, the Content, website, or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred.
- Agreement contains the entire agreement of the parties for this website and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.
If you have any questions or suggestions regarding this Terms of Service and Use Agreement or would like more information on our terms of service and use, please contact us through our contact-us page.
This Terms of Service and Use Agreement was last updated on June 1, 2018.