By accessing or using our website (our "Website") or our mobile application (our "Application,” and together with our Website, our "Services"), you agree to be bound by our terms of service set forth herein (our "Terms of Service"). If you do not agree with our Terms of Service, your sole recourse is to discontinue use of our Services immediately.

 

By using our Services, we’d like to remind you that you are also consenting to the terms of our privacy policy located at www.flockbud.com/privacy (our "Privacy Policy"), which sets out our information gathering and dissemination practices.

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The Services are owned and operated by Magenta Creative Inc. and/or its affiliates (references to “Flöckbud”, “we”, “us”, or “our” are references to Magenta Creative Inc. and/or its affiliates).

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YOU ACKNOWLEDGE THAT PARTICIPATION IN EXERCISE MAY INVOLVE STRENGTH, FLEXIBILITY, AEROBIC, CARDIO AND OTHER FITNESS ABILITIES, INCLUDING THE USE OF EQUIPMENT, ALL OF WHICH CAN BE POTENTIALLY HAZARDOUS ACTIVITIES. YOU ACCEPT FULL RESPONSIBILITY OVER YOUR WORKOUT, INCLUDING THE LOCATION WHERE YOU ENGAGE IN EXERCISE. YOU ACKNOWLEDGE THAT FLÖCKBUD HAS NO CONTROL OVER THE EXERCISES YOU CHOOSE TO UNDERTAKE AND THAT PARTICIPATION IN FITNESS ACTIVITIES INVOLVES PHYSICAL RISKS. YOU AGREE TO SEEK ADVICE FROM A PHYSICIAN BEFORE STARTING ANY NEW EXERCISE.

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1 LICENSE

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1.1 Flöckbud Content. All text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content of any description available through our Services, or available via a link from our Services to a page created by Flöckbud on another website (collectively, the "Content"), are the sole property of Flöckbud and/or its licensors. All Content is protected by Canadian and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws. Use of the Content for any purpose not expressly permitted in our Terms of Service or otherwise consented to by Flöckbud is prohibited. You may download or print one copy of the Content to any single device for your personal, non-commercial, informational use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Flöckbud. To obtain written consent for such reproduction, please contact us at: workout@flockbud.com.

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1.2 User License. Our Services are licensed, not sold. We grant you a non-exclusive, non-transferable, limited licence to install our Application, or access our Website, on any single mobile device, tablet, or similar technology solely to be used in connection with our Services for your private, personal, use. Our Services are protected by copyright and other intellectual property laws and treaties and are owned by us or our service providers. You agree that you will not copy, attempt to reverse engineer, modify, translate or disassemble our Services in whole or in part. You may not use or export or re-export our Services except as permitted under the law of the United States and Canada and the laws of the jurisdiction in which our Services were obtained. We may automatically check and update the version of our Services which you are using in order to improve the performance and capabilities of our Services.

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2 ACCOUNT REGISTRATION

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2.1 Account. In order to use our Services, you will be asked to create an account using your email address or your Facebook account information (your “Account”). The email address you provided will be how you access your Flöckbud Account, if you registered using this method. You may connect to the Services with a third-party service (e.g., Facebook), in which case you give us permission to access, store, and use your information from such service as permitted by that service and as may be described in our Privacy Policy.

2.2 Your Responsibilities. You agree to provide true, current, complete and accurate information as requested, and to update that information as soon as possible after any information on such registration changes. You alone are responsible for keeping your Account login information and associated passwords confidential, and for any and all of your Account activity. Therefore, you should protect your password and make your password secure and difficult for others to guess. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security via workout@flockbud.com.

 

3 USER CONDUCT

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3.1 Conduct. You agree to abide by all applicable federal, provincial, territorial and other laws and regulations. In addition, without limiting the foregoing, You agree not to:

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1. upload, post, e-mail or otherwise transmit any material (“User Content”) that: constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; infringes any patent, trade-mark, trade secret, copyright, publicity, or other proprietary or privacy rights of any party; is misleading, contains sexually explicit content, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or contains any form of destructive software such as a virus, worm, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer or mobile device software, hardware or telecommunications equipment;

2. register under a false identity, impersonate any person or entity, including, but not limited to, a Flöckbud employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3. send e-mails or messages using our Services without the consent of the recipient;

4. harvest or otherwise collect or store any information (including personal information) about other users of our Services, including e-mail addresses, without the express consent of such users;

5. use any robot, spider, scraper or other automated means to access our Services and collect content for any purpose without our express written permission;

6. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through our Services;

7. attempt to gain unauthorized access to our Services, other computer systems or networks connected to our Services, through password mining or any other means;

8. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;

9. interfere with or disrupt networks or servers connected to our Services;

10. use, download or otherwise copy, or provide to any person or entity our Services users’ directory or other user or usage information or any portion thereof, other than in the context of your use of our Services;

11. register for more than one account or use any other measures in an attempt to mislead Flöckbud or our users, or otherwise take advantage of the Services;

12. facilitate or encourage any of the above conduct.

 

3.2 Content. We reserve the right to pre-screen, edit, limit or remove any such User Content in our sole discretion, without further notice to you. Notwithstanding, you shall remain solely responsible for any User Content you submit or post. You may be exposed to User Content that is inaccurate, incomplete or unsuitable. We will not be responsible for User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information. Any information you disclose in public areas of our Services becomes public information and is immediately accessible to other users, so it is important for you to carefully consider what, if any, personal information you reveal in these areas.

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3.3 Content License. You hereby grant to us a limited license to collect and store User Content for the purpose of providing the Services.  You further grant us a perpetual, irrevocable, and unlimited licence to use, store, and manipulate User Content to create aggregated and anonymized statistical analytics in respect to platform use and other Services and User parameters and characteristics (“Anonymous Service Data”) in accordance with our Privacy Policy. We shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and You hereby assign, transfer and convey to Flöckbud any ownership interest You may have in any Anonymous Service Data.

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3.4 Reporting Content. Please use our online reporting tool to tell us about any offensive or otherwise concerning User Content that you may see on our Services so that we maintain a positive experience for all users. We may, in our sole discretion, limit or terminate our Services, remove hosted content and take any other technical and/or legal steps to ensure that all users of our Services are acting in the spirit of our Terms of Service. Notwithstanding anything in the foregoing, you understand and agree that we do not monitor User Content and that we assume no liability for any User Content whatsoever, including any User Content which may be reported to us using our online reporting tool.

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4 INTELLECTUAL PROPERTY INFRINGEMENT

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If you are an owner of intellectual property (or the owner' authorized agent) and believe that any of our Content or User Content infringes your intellectual property, please notify us using the following procedure: Please send a written notice of intellectual property infringement to: workout@flockbud.com. In your written notice, please provide the following information:

• Identification of the intellectual property claimed to have been infringed;

• Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;

• A statement that you believe that use of the Contents or User Content in the manner complained of is not authorized by the owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

 

5 LINKS TO THIRD-PARTY WEBSITES

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We may offer links on our Services to websites and mobile applications owned and operated by third parties. We provide these links as a convenience to our visitors. We do not review the content of such third party services, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party services. You assume full responsibility for your use of third party services. Such services may be governed by terms and conditions different from those applicable to our Services, and we encourage you to review the terms and privacy policies of those third parties before using their services. We may also offer links to Content created by us and available on other services. If you link to that Content, you are responsible for ensuring that you comply with the terms of use applicable to those services while you are using them.

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6 DISCLAIMER; LIMITATION OF LIABILITY

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6.1 DISCLAIMER. OUR SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE CONTENT OR USER CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLÖCKBUD DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ITS SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT LEGALLY PERMITTED WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THOSE OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE. WE ARE NOT LIABLE FOR ANY LOSS, WHETHER OF MONEY (INCLUDING PROFIT), GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE FLÖCKBUD SERVICES, EVEN IF YOU ADVISE US OR WE COULD REASONABLY FORESEE THE POSSIBILITY OF ANY SUCH DAMAGE OCCURRING. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

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6.2 Limitation of Liability. NOTWITHSTANDING ANYTHING CONTAINED IN THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, BY STATUTE OR OTHERWISE) IS LIMITED TO $100 CDN. UNDER NO CIRCUMSTANCES SHALL  FLÖCKBUD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER.

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6.3 Indemnity. You will indemnify and hold harmless Flöckbud and its affiliates and our and their respective officers, directors, agents and employees (each an "Indemnified Party"), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of our Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

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6.4 Disclaimer; No Endorsement. Flöckbud provides a platform for users to connect and participate in local activities. We do not control the workouts or other events that are created by our users, and do not endorse any of the events or activities proposed by users.  Some of the events proposed may include activities that involve a degree of risk.  We strongly encourage users perform their own independent risk assessment of any activities they wish to participate in, including an assessment of experience, skill level, health and comfort level.  Please use common sense and only participate in activities within your level of skill and experience that you are comfortable with. Flöckbud expressly disclaims any and all liability for any loss, injury, damage, harm or any other claim to You or your property as a result of your use of the Services and neither Flöckbud, nor any of its officers, directors, employees, agents, service providers or partners shall be liable for any injury, including death, arising from your participating in activities organized by other users.

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6.5 Release. Because We do not supervise or control interactions between users, and because We cannot guarantee the true identity, age, nationality of users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Application or Services, You agree that You bear all risk and You agree to release Flöckbud (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, ambassadors and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Application or Services, Your interactions and transactions with other users of the Application and Services, Your third party transactions, and our resolution of any disputes among users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

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7 MINORS

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You must be at least eighteen (18) years old to use our Services. If you are over 18 years of age but under the age of majority in your province or territory of residence, you must have your parent or legal guardian’s permission to do so. Flöckbud reserves the right to confirm such consent at any time and to discontinue your use of our Services should such consent not be granted.

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8 CHOICE OF LAW AND FORUM

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Where permitted by law, our Terms of Service are governed by and will be interpreted in accordance with the laws of the Province of British Columbia and of the laws of Canada applicable therein, without regard to any principles of conflicts of law. Where permitted by law, you agree that any action to enforce these Terms of Service may be brought in the courts located in the Province of British Columbia. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service and waive any objections and defenses inconsistent with such venue. By using our Services, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

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9 GENERAL

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These Terms of Service constitute the entire agreement between you and us with respect to your use of our Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms of Service, any provision of these Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation, the indemnification and limitation of liability provisions. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

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10 CHANGES AND TERMINATION

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We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. If you wish to terminate your account with Flöckbud, you may discontinue using our Services and delete any applications or software that you may have downloaded from us. We may amend our Terms of Service by posting revisions through a link on our website, with no additional notice to you. Your continued access to and use of our Services will constitute acceptance of our amended Terms of Service. If you do not agree with our Terms of Service, or any future amendments, your sole recourse is to cease use of our Services. If you have any questions regarding our Terms of Service, please contact workout@flockbud.com.

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ OUR TERMS OF SERVICE, UNDERSTAND THEM AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN OUR TERMS OF SERVICE.