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Let's talk privacy...

We know privacy is important to you and it's important to us as well.

That's why we've designed Flikdate® to be an anonymous dating service - until you're ready to share your information with the person of your choice. We require you to use Facebook Connect to login to Flikdate® for two reasons

  1. We want to make sure you are a real person (so that in the future if you accept a date - your date will receive real contact details)
  2. We need to ensure that you are over 18.

Your age will never be shared with any other Flikdate® users. And we will never post anything on Facebook about Flikdate® on your behalf unless we make it abundantly clear that's what we'd like to do (and we get your permission to do so)

For the legal blurb about this - which we're obligated to provide - keep reading...

Application Privacy Statement

This privacy statement ("Privacy Statement") applies to the treatment of personally identifiable information submitted by, or otherwise obtained from, you in connection with the associated application ("Application"). The Application is provided by Flikdate®. (and may be provided by Flikdate® on behalf of a Flikdate® licensor or partner ("Application Partner"). By using or otherwise accessing the Application, you acknowledge that you accept the practices and policies outlined in this Privacy Statement.

What Personal Information does Flikdate® Collect?

We collect the following types of information from our users:

Personal Information You Provide to Us:

When you register for Flikdate® you provide us with your name, email, gender, and birth date. During the registration process we give you the opportunity to provide additional profile information using Facebook Connect, and to add a picture of yourself. In some cases, we may ask for additional information for security reasons or to provide specific services to you. Once you register, you can visit your account at any time to add or remove personal information about yourself.

Personal Information We Collect From You When You Interact With Flikdate®

We receive and store certain types of usage related information whenever you interact with Application. For example, Flikdate® may automatically receive and record information regarding your mobile handset model, your IP address, your Flikdate® application version number, operating system version number, country and frequency of usage of Application. Such information may be shared in aggregate (non-personally identifiable) form with our partners.

When you interact with Flikdate®, we keep track of the actions you take, including who you like, don't like, your response to notifications, and the duration of your time using different features.

Personal Information We Collect From Other Users About You

We may collect information about you from other Flikdate® users, such as when a Flikdate® user likes you, doesn't like you, video chats with you, or messages you.

How Does Flikdate® Use the Information it Collects?

Flikdate® uses the information described in this Privacy Statement (i) internally, to analyze, develop and improve its products and services, and (ii) as set forth below in the Will Flikdate® Share Any of the Personal Information it Collects section below.

Will Flikdate® Share any of the Personal Information it Collects?

Personal information about our users is an integral part of our business. We neither rent nor sell your personal information to anyone (with the exception of sharing your information with an applicable Application Partner - see the "Application Partner Treatment" section above). We share your personal information only as described below.

Dates you have accepted. You acknowledge the Application is intended to allow you to share certain information (e.g. contact details) with dates you have explicitly accepted through the Application. By accepting a date through the Application or by requesting a date which is then accepted, you consent to such disclosure by Flikdate® (also see With Your Consent section below).

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Flikdate®'s agents do not have any right to use personal information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of personal information for the above purposes.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Flikdate®, or substantially all of its assets were acquired, or in the unlikely event that Flikdate® goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Flikdate® may continue to use your personal information as set forth in this policy.

Protection of Flikdate® and Others: We may release personal information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Flikdate®, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

With Your Consent: Except as set forth above, you will be notified when your personal information may be shared with third parties, and will be able to prevent the sharing of this information.

Conditions of Use

If you decide to use or otherwise access the Application, your use/access and any possible dispute over privacy is subject to this Privacy Statement and our Terms of Use, including limitations on damages, arbitration of disputes, and application of California state law.

Third Party Applications

The Application may permit you to link to other applications or Applications. Such third party applications/Applications are not under Flikdate®'s control, and such links do not constitute an endorsement by Flikdate® of those other applications/Applications or the services offered through them. The privacy and security practices of such third party application/Applications linked to the Application are not covered by this Privacy Statement, and Flikdate® is not responsible for the privacy or security practices or the content of such Applications.

Can People Under the Age of 18 Use this Applications?

Our site and the services available through Flikdate® are not intended for children under the age of 18. The Flikdate® application relies on Facebook Connect's age verification process to restrict access to its services. However we are also aware that some users lie about their age in fairly sophisticated ways that are impossible for us to fully police. As such we encourage you to participate in your child's smartphone experience.

Changes to this Privacy Statement

Flikdate® may amend this Privacy Statement from time to time. Use of information we collect now is subject to the Privacy Statement in effect at the time such information is used. If we make changes in the way we use personal information, we will notify you by within the Application and we will post information to our Twitter account (@flikdate). Users are bound by any changes to the Privacy Statement when he or she uses or otherwise accesses the Application after such changes have been first posted.

Questions or Concerns?

If you have any questions or concerns regarding privacy on our Application, please send us a detailed message at help@flikdate.com - We will make every effort to resolve your concerns.

Effective Date: May 1, 2012
Flikdate®, LLC
89 Hookele Street, Suite 201
Kahului, HI 96732

Applications Terms of Use

The following terms and conditions (the "Agreement") govern all use of the Flikdate® application ("Application"). The Application is provided by Flikdate®, Inc. ("Flikdate®"). The Application is subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE APPLICATION, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

Flikdate® reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User's responsibility to check this Agreement periodically for changes. User's continued use of the Application following the posting of any changes to this Agreement constitutes acceptance of those changes.

This Agreement is void where prohibited by law, and the right to access and use the Application is revoked in such jurisdictions.

Age Restriction

User hereby certifies to Flikdate® that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Application.

Behavioural Controls

Users hereby certifies that user understands that inappropriate nudity is explicitly prohibited while using the Flikdate® application. If reported by other users their account will be immediately suspended. If the inappropriate behaviour is confirmed by the Flikdate® internal review process, a Flikdate® user who exhibits nudity will face a lifetime ban of using the Flikdate® application. This ban will include a ban on both the user's Facebook account and the user's phone. Then ban will also revoke all fliks previously purchased with no refund.

If the Flikdate® internal review process determines a reported user was NOT exposing themselves inappropriately - the ban will be lifted and normal usage can resume.

Users found to be inappropriately reporting other users for nudity will face a one-time warning. Continued inappropriate reporting will result also result in a ban.

License

Subject to the terms and conditions of this Agreement, User shall have a non-exclusive, non-transferrable, non-sublicensable license to access the Application solely for the purposes for which the Application is provided. This license is personal to User and User will not use the Application for any commercial purpose.

Restrictions

User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Application; (iii) rent, lease, or use the Application for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Application. As between the parties, Flikdate® shall own all title, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof.

User shall not (i) submit false information to the Application, (ii) use the Application to libel, defame, threaten, harass, or otherwise harm and third party, or (iii) use the Application for any purpose that is unlawful or prohibited by this Agreement. In the event User submits any information to the Application, User represents and warrants that User the full right and authority to do so (without any infringement of, or conflict with, the rights of any third party).

Member Disputes

Flikdate® is a live video chatting application. Flikdate®'s terms of service pUser is solely responsible for your interactions with other Application users. Flikdate® reserves the right, but has no obligation, to monitor disputes between User and other Application users. If User has a dispute with one or more users of the Application, User shall and hereby does release Flikdate® (and its officers, directors, agents, subsidiaries, partners, licensors, vendors, suppliers, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Indemnification

User is responsible for all of its activity in connection with the Application. User shall defend, indemnify, and hold harmless Flikdate®, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from User's (i) access to or use of any of the Applications, or (ii) violation of this Agreement.

Fees

Some features of the Application may require payment of fees. User shall pay all applicable fees, as described on the Application in connection with such for-fee services purchased by User. Flikdate® reserves the right to change its price lists and to institute new charges at any time, upon ten (10) days prior notice to User, which may be sent by email or posted/sent on or through the Application or posted on the official Flikdate® Twitter account.

Warranty Disclaimer

THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FLIKDATE® MAKES NO WARRANTY THAT (I) THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE APPLICATION WILL MEET USER'S REQUIREMENTS. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation of Liability

IN NO EVENT SHALL FLIKDATE®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE APPLICATION: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $250.00 (U.S.). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Termination

Flikdate® may terminate User's access to the Application at any time, with or without cause. Upon termination, User will no longer access (or attempt to access) the Application. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.

Privacy

Please see the privacy statement associated with the Application.

Electronic Communications

In the event you use the Application to provide you with location based services, YOUR USE OF SUCH SERVICES IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

Electronic Communications

When User visits the Applications or send e-mails to Flikdate®, User is communicating with Flikdate® electronically. User hereby consents to receive communications from us electronically. Flikdate® will communicate with User by e-mail or by posting/sending notices on or through the Application. User agrees that all agreements, notices, disclosures and other communications that Flikdate® provides to User electronically satisfy any legal requirement that such communications be in writing.

Copyright

Except for use content, all content included on the Application and the associated website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Flikdate® or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Application is the exclusive property of Flikdate® and protected by U.S. and international copyright laws.

Miscellaneous

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Flikdate® shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Flikdate®'s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Flikdate®'s prior written consent. Flikdate® may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Flikdate® in any respect whatsoever.

 

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