Terms of Use

Thank you for visiting The Flock. In return for using the site, you agree to be bound by the following Agreement without limitation or qualification, so please carefully review this agreement before proceeding. If you do not intend to be legally bound by these terms and conditions, do not access and use the site.

The Flock reserves the right to change this agreement and to make changes in the site at any time without notice or liability. Any such revisions are prospectively binding on you and therefore you should periodically visit this page when you use the site to review the then current agreement that binds you.

Intellectual property notifications

  1. Unless otherwise noted, all information, articles, data, images, screens, text, web pages, or other materials (collectively "Content") appearing on the site are the exclusive property of The Flock.
  2. All information, products, services and software contained on or used in the site ("Content") is Copyright 2014 by The Flock. All rights reserved. Please assume that everything you see or read on the site is copyrighted to, or used with permission by, The Flock unless otherwise noted.
  3. The trademarks, & logo, (collectively the "Trademarks") displayed on the site are registered and unregistered Trademarks of The Flock.
  4. Images of people, objects, or places displayed on the site are either the property of, or used with permission by The Flock.
  5. The Flock owns or uses by permission all software contained on the Site, including without limitation all HTML code. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution, or reproduction of the software, and such actions could result in severe civil and criminal penalties. The Flock will seek and support prosecuting violators to the maximum extent possible.
  6. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site for public or commercial purposes. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.

Your Representations and Warranties

By using the Site, you represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all of the terms and conditions of this Agreement.

Your Indemnity Obligation

You agree to indemnify, defend, and hold harmless The Flock and its businesses from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements) and costs (collectively, "Claims"), based on, arising out of or resulting from your use of the Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement.

Limitations on Your Use

The Flock provides the Site solely to permit you to determine the availability of services offered on the Site and to make legitimate requests to transact business with The Flock, and for no other purposes. You agree that you will use the Site's services only to make legitimate requests and are authorized to act legally and under the terms of this Agreement.

You agree that you will not Misuse the Site. "Misuse" includes, but is not limited to, using the Site to do any of the following:

  1. Distribute, disseminate, post, or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by federal, state, or local law or ordinance.
  2. Abuse, defame, harass, stalk, threaten, or otherwise violate others' legal rights, including but not limited to rights of privacy and publicity.
  3. Download or upload files that may damage the operation of another's computer, such as computer viruses, corrupt files, or similar software.
  4. Download or upload files that contain materials, including but not limited to software that violate the intellectual property, privacy, or publicity rights of others unless you own, control, or have been authorized to exercise such rights.
  5. Misrepresent or omit the origin or source of any file you download or upload.
  6. Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices.
  7. Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material.
  8. Engage in any commercial purpose including but not limited to:
    1. Advertising or offering to sell any goods or services.
    2. Conducting contests or surveys.
    3. Distributing chain letters, or advertising with respect to any Ponzi scheme or pyramid scheme.
    4. Advertising or offering to sell any business opportunities, direct sales opportunities, employment, independent contractor positions, multi-level marketing opportunities, or securities.
  9. Post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person, including but not limited to The Flock.
  10. Download or upload files that you know, or reasonably should know, cannot be legally distributed through the Site.
  11. Upload, download, or otherwise export or re-export software from the Site: (1) to a national or resident of or into any country the U.S. has embargoed, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (2) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (3) to anyone on the U.S. Commerce Department's Table of Denial Orders.
  12. Copy or create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the Site.
  13. Monitor or copy any Content by using any manual process, or any robot, spider, or other automatic device, without first The Flock prior written consent.
  14. Take any action that will or could impose an unreasonable or disproportionately large load on our site infrastructure.
  15. Engage in any other conduct that is, or that The Flock deems to be, in conflict with this Agreement.

The Content may contain inaccuracies and/or typographical errors. The Flock may alter, change or improve the Content at any time and without notice. The Flock makes no representations or warranties as to the Content's completeness or accuracy, and makes no commitment to update the Content. The Flock makes no representations about the Content's suitability for any purpose.

YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL THE FLOCK BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER THE FLOCK WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

The Flock shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading any audio, data, images, materials, pictures, text or video from the Site.

Use of Information You Provide The Flock

Consistent with The Flock privacy policy, we ask you to provide us with certain information when you take advantage of certain services. You agree that when you provide such information, the information will be accurate to the best of your ability. We agree to use this information in a manner consistent with our privacy policy. To review our privacy policy, please click on the "Privacy Policy" link in the “Contact” page.

While The Flock takes reasonable steps to safeguard and to prevent unauthorized access to your private information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL THE FLOCK BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER THE FLOCK WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Links to Other Sites and to the Site

The Site may provide hyperlinks or references to other sites. While The Flock endeavors to provide links only to sites that are reputable and safe, we take no responsibility for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. The Flock provides any such links to other sites merely for your convenience and our inclusion of such links and frames in the Site does not imply an endorsement of the linked or framed sites, their content, or the persons or entities operating those sites. Therefore, you assume sole responsibility for using links or pointers to third parties.

The Flock specifically denies you permission to hyperlink or provide references to the Site, unless you are allowed to do so under a separate written agreement with The Flock. You are also denied permission to use any trademarked or copyrighted material to provide such hyperlinks or references, unless you are allowed to do so under a separate written agreement with The Flock.

Your Communication With Us

The Flock will not treat as confidential any communications you send to us by electronic mail or otherwise. The Flock has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose.

Other Terms

This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Of course, separate agreements may attach to any goods, products, or services you obtain, purchase, or use from the Site. In the case of a conflict between this Agreement and any agreement specific to any goods, products, or services that you obtain, purchase, or use from the Site, the terms of the specific agreement shall govern.

Any failure of The Flock to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.