WELCOME TO FLOCC. We, at Flocc LLC, appreciate your interest and hope you find our services beneficial. By accessing or interacting with our servers, services, websites, mobile app (“App”), or any related content and postings (collectively referred to as “Flocc”), you agree to abide by these Terms of Use (“TOU”), which were last updated on [ITEM]. Please note that FLOCC is a private platform owned and operated by Flocc LLC. If you are using FLOCC on behalf of a business, you affirm that you have the authority to accept these TOU for that business, and that the business agrees to the TOU. Should you disagree with the TOU, you are not authorized to access or use Flocc or download the App. We reserve the right to amend the TOU at our discretion. It is your responsibility to review these changes periodically, and your continued use of FLOCC signifies your acceptance of the updated terms. Our privacy policy (https://myflocc.com/privacy-policy/), prohibited list, and all other policies, site rules, and agreements referenced below or on FLOCC are incorporated into this TOU, and you agree to them as well.
LICENSE. By agreeing to the TOU and (1) affirming that you possess the necessary age and capacity to use FLOCC and to be bound by the TOU, or (2) using FLOCC on behalf of a business and thus binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use FLOCC in accordance with the TOU. Any unauthorized use is strictly prohibited. You agree not to display, “frame,” produce derivative works from, distribute, license, or sell any content from FLOCC, except for postings you create. Additionally, you grant us a perpetual, irrevocable, unlimited, worldwide, fully paid, sublicensable license to use, copy, display, distribute, and create derivative works from any content you post.
USE. You agree that, unless expressly licensed by us through a separate written or electronic agreement, you shall not utilize or provide any software (other than our App and commonly accepted web browsers and email clients) or services that interact or interoperate with FLOCC. This includes, but is not limited to, activities such as downloading, uploading, creating, accessing, or using an account, posting content, flagging, emailing, searching, or engaging in mobile use. You further agree not to employ automated or manual methods, including robots, spiders, scripts, scrapers, or crawlers, to copy or collect FLOCC content. Engaging in misleading, unsolicited, and/or unlawful postings, communications, or accounts is expressly prohibited, as is the buying or selling of accounts.
You agree not to post content that contravenes any of FLOCC’s established policies or rules (hereinafter “Prohibited Content”). Furthermore, you agree not to misuse FLCC’s flagging or reporting mechanisms. You shall refrain from collecting user information from FLOCC or interfering with its operations. You acknowledge that we retain the discretion to moderate access to and use of FLOCC, which may include actions such as blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access, license, or account. You agree: (1) not to circumvent the moderation measures, (2) that we shall not be liable for actions related to moderation, and (3) that none of our statements or actions shall be construed as a waiver of our rights concerning moderation.
Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available FLOCC or our application programming interface (“API”); (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port, or modify the App, the API, any website code, or any associated software utilized to provide FLOCC; (iii) combine or integrate FLOCC or the API with any unauthorized software, technology, services, or materials; (iv) circumvent any functionality that controls access to or otherwise safeguards FLOCC or the API; or (v) remove or alter any copyright, trademark, or other proprietary rights notices. You agree not to use FLOCC or the API in any manner that infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of any individual or entity, or in violation of any applicable laws.
LIQUIDATED DAMAGES. You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting FLOCC users’ information, including personal or identifying information – $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of FLOCC without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of FLOCC- $1,000 per violation; (D) posting or attempting to post Prohibited Content – $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of FLOCC- the price per post applicable to that section of FLOCC; (F) sending an unauthorized/unsolicited email to an email address obtained from FLOCC- $25 per violation; (G) using FLOCC user information to make/send an unauthorized/unsolicited text message, call, or communication to a FLOCC user – $500 per text/call/communication; (H) creating a misleading or unlawful FLOCC account or buying/selling a FLOCC account – $4 per violation; (I) abusing or attempting to abuse FLOCC’s flagging or reporting processes – $1 per violation; (J) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting FLOCC content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of FLOCC in any 24-hour period – $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
FEES: By submitting a paid posting, you grant us permission to charge your account for the associated fees. Additional taxes may apply. Please be aware that fees are non-refundable, even in cases where we remove, delay, omit, re-categorize, re-rank, or otherwise moderate submitted posts. We reserve the right to refuse any posting at our discretion.
DISCLAIMER & LIABILITY: To the fullest extent permitted by law, Flocc LLC, along with its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“FLOCC Entities”): (1) do not make any guarantees, warranties, or representations regarding the completeness, accuracy, availability, timeliness, propriety, security, or reliability of FLOCC; (2) provide FLOCC on an “AS IS” and “AS AVAILABLE” basis, with all risks associated with its use being assumed by you; (3) disclaim all express or implied warranties, including but not limited to accuracy, merchantability, fitness for a particular purpose, and non-infringement, along with all warranties arising from the course of dealing, usage, or trade practices; and (4) disclaim any liability for the actions, omissions, or conduct of you or any third party in connection with FLOCC. FLOCC Entities shall not be liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to FLOCC, and in no event shall such liability exceed $100 or the amount you paid us in the year prior to such loss. Please note that some jurisdictions may restrict or modify these disclaimers and limitations, which may not apply in your case.
CLAIMS & INDEMNITY: Any claim, cause of action, demand, or dispute related to FLOCC (“Claims”) will be governed by the internal laws of New York, irrespective of conflict of law provisions, unless governed by US federal law. All Claims will be resolved exclusively by courts located in Long Island, New York (though we may seek preliminary or injunctive relief in other venues). You agree to (1) submit to the personal jurisdiction of the courts in Long Island, New York; (2) indemnify and hold FLOCC Entities harmless against any Claims, losses, liabilities, or expenses (including legal fees) arising from third-party actions related to your use of FLOCC; and (3) be liable for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party under your direction or control.
TRADEMARKS: “FLOCC,” is registered trademark with the U.S. Patent and Trademark Office as well as multiple trademark offices worldwide.
PROHIBITED ITEMS AND CONDUCT NOTICE
Users are required to adhere to all applicable laws, the Flocc terms of use, and all established site guidelines.
The following is a partial list of goods, services, and content that are prohibited on Flocc:
- Weapons, including firearms and their components, BB/pellet guns, stun guns, and similar items.
- Ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, and explosives.
- Offers or solicitations related to illegal prostitution and/or sex trafficking.
- Any form of exploitation or endangerment of minors, including any form of pornography.
- Recalled items, hazardous materials, body parts or fluids, and unsanitized bedding or clothing.
- Prescription drugs, medical devices, controlled substances, and related items.
- Alcohol, tobacco, unpackaged, or adulterated food and cosmetics.
- Pet sales (re-homing with a small adoption fee is acceptable), animal parts, and stud services.
- Endangered, imperiled, or protected species and any parts thereof (e.g., ivory).
- False, misleading, deceptive, or fraudulent content; bait and switch practices; keyword spam.
- Content that is offensive, obscene, defamatory, threatening, or malicious.
- Any personal, identifying, confidential, or proprietary information belonging to others.
- Food stamps, WIC vouchers, SNAP goods, or any form of governmental assistance.
- Stolen property or items with altered or removed serial numbers, along with burglary tools.
- Identification cards, licenses, police insignia, government documents, and birth certificates.
- U.S. military items that have not been demilitarized in accordance with Department of Defense policy.
- Counterfeit, replica, or pirated items, as well as tickets or gift cards with transfer restrictions.
- Lottery or raffle tickets, sweepstakes entries, slot machines, and gambling items.
- Spam, misclassified, overposted, cross-posted, or out-of-area content.
- Postings or emails that primarily aim to drive traffic to another website.
- Any advertisements or promotions for unsolicited products or services.
- Affiliate marketing, network marketing, multi-level marketing, or pyramid schemes.
- Any goods, services, or content that violate laws or infringe upon the legal rights of others.
We kindly ask that users refrain from utilizing FLOCC for these purposes and encourage reporting any violations you encounter.
Thank you for your cooperation in maintaining a safe and effective FLOCC experience for all users.
Miscellaneous Provisions
Unless a separate written or electronic agreement expressly referencing the Terms of Use (TOU) has been entered into, this document serves as the exclusive and complete agreement between you and us, superseding all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral. Users who comply with previously granted written licenses may continue to access FLOCC until such authorization is revoked.
Please note that our actions or inactions concerning you or any other parties do not waive, alter, or limit the TOU, nor our right to enforce it. The provisions regarding USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY will remain in effect even after the termination of the TOU, ensuring you remain obligated under those sections.
In the event that a term within the TOU is found to be unenforceable, it will be limited as much as possible and replaced by a valid provision that closely reflects the original intent of the parties involved. The English version of the TOU shall take precedence over any translations. If you believe that any content infringes upon your intellectual property rights, please send an email to support@myflocc.com.