ACCOUNTS AND SUBSCRIPTION.
You are allowed to register as a User at no cost. As a User, you may use some, but not all, of the features and “LICKR SERVICES” available within the Service. To access or use additional features and “LICKR SERVICES”, including the ability to communicate with other Users that are Users, you must become a paying User to the Service. The terms that are disclosed to you when you subscribe to the Service are a part of this Agreement.
MODIFICATIONS TO SERVICE.
Lickr reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that Lickr shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, Lickr reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service. Notwithstanding, Lickr reserves all right to ban any User or website from using the service for any reason
TERM AND TERMINATION.
This Agreement will remain effective from the date of account registration and continue in full force while you use the Service and/or are a User.
You may change or cancel your account at any time, for any reason, by providing a termination notice to Lickr at firstname.lastname@example.org If you cancel your account via the Website, we may ask you to provide a reason for your cancellation. If you cancel your subscription, www.lickr.app requires a reasonable amount of time to process the action. If you cancel a subscription, you will enjoy subscription benefits until the end of your then-current subscription, following which your subscription enabled features will expire. However, on no account will you be eligible for a refund for any reason whatsoever.
After your account or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
NON-COMMERCIAL USE BY MEMBERS.
www.lickr.app including its mobile app is for personal use only. Users may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting other users to buy or sell any products/”LICKR SERVICES” not offered by Lickr or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Website for any purpose. Lickr may investigate and take any available legal action in response to illegal and/or unauthorized uses of this Website and its “LICKR SERVICES”, including attempts to harvest or scrape usernames and/or email addresses of Users by any means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.
YOUR ACCOUNT AND SITE.
In order to obtain access to the Website and its Service, You must first submit the applicable registration to Lickr for review and initial approval. We reserve the right, in our sole discretion, to allow or deny access to the website, mobile app and any other Service to anyone at any time and for any reason, as we deem fit. The registration data that You provide on the Application in order to obtain access to the Content and Service may include, without limitation,: (a) Your first and last name; (b) e-mail address; (c) credit card information (e) mailing address, (d) checking account information, account information or any Financial institution information (depending on Your preferred method of payment); (e) date of birth; (f) gender; (g) Profile (as defined below) information such as ethnic background, appearance, features, religion, income range, occupation, sexual preference/lifestyle information. You agree to provide true, accurate, current and complete Registration Data and to make necessary updates as may be required in order to maintain it in an up to date and accurate fashion. Lickr will verify and approve all registrants in accordance with its standard verification procedures. During registration, You will be asked to provide a password to use as Your account log-in credential, where applicable (“Log-In”). If the Log-In that You request is not available, You will be asked to supply another Log-In. If Lickr approves Your User application, Lickr will set up your specific account (“Account”). You are responsible for maintaining the confidentiality of Your Account credentials. You agree to accept responsibility for all activities that occur through use of Your Account and Log-In
ENGAGEMENT WITH OTHER USERS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR ENGAGEMENT WITH OTHER USERS. YOU UNDERSTAND THAT LICKR CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. LICKR ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. LICKR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. LICKR RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. LICKR APP ALLOWS USER TO SIGN UP WITH NOTHING BUT THEIR CHOSEN EMAIL, AND DOES NOT REQUIRE A PHOTO, THEREFORE, THE USER MUST ACCEPT THE FACT THAT SOME USERS MIGHT BE IMPERSONATES, AND TAKE THE REQUIRED PRECAUTION BEFORE CHATTING OR SHARING OTHER DETAILS.
Lickr will not be responsible for the conduct of any User on the Platform. In no event will Lickr, its affiliates or its partners be liable in anyway for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or another use in connection with the use of the Website or Service including, without limitation, emotional distress, death, bodily injury, and/or any other damages resulting from communications or meetings with other Users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Users, particularly if you decide to communicate off the Website or meet in person.
CONTENT POSTED BY YOU ON THE WEBSITE.
By posting Content on the Website or as part of the Service, you automatically grant to Lickr its directors, affiliates, licensees, contractors, third party agents and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by Lickr will not infringe or violate the rights of any third party.
In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited on the Website. You may not post, upload, display or otherwise make available Content that:
That promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Advocates harassment or intimidation of another person;
Requests money from, or is intended to otherwise defraud, other users of the Website or Service;
Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
Publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Lickr reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Website or Service and terminating or suspending the account of such users.
CONTENT POSTED ON OTHER WEBSITES.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which Lickr links, and that link to Lickr. Lickr does not have any control over those non-Lickr websites and web pages, and is not responsible for their contents or their use. By linking to a third party website or webpage, Lickr does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Lickr disclaims any responsibility for any harm resulting from your use of third party websites and web pages.
MEMBERSHIPS; CHARGES ON YOUR BILLING ACCOUNT.
Lickr bills you through an online account for use of the Service. You agree to pay Lickr, all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Lickr to charge your chosen payment provider (your “Payment Method“) for the Service. You agree to make payment using that selected Payment Method. Lickr may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 9 includes any agreements you made with Lickr on the Website when becoming a User or User to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Lickr may in its sole discretion terminate your account immediately.
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify Lickr if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). If you fail to provide Lickr any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. You also authorize us to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Website or Service when automatically renewing your account.
This Agreement does not transfer from Lickr to you any Lickr or third party intellectual property. All rights, title and interest in and to such property will remain (as between the parties) solely with Lickr. All logos, and all other trademarks, service marks, graphics and logos used in connection with Lickr app, or the Website are trademarks or registered trademarks of Proex Media LTD or it’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website or any of the “Lickr Services” grants you no right or license to reproduce or otherwise use any www.lickr.app or “Lickr Services” or third-party trademarks or any other aspects of Lickr Website or mobile app.
Lickr provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether via website, email or any social network), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account and you will not be entitled to any refund of unused subscription fees.
You acknowledge and agree that neither Lickr nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect, inaccurate completeness, appropriateness and usefulness of the Content, Feedback, Profiles and other information posted on the Website or provided in connection including with the Service, whether caused by Users or any of the equipment or programming associated with or utilized in the Website or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or User communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WWW.LICKR.APP PROVIDES THE WEBSITE AND THE “LICKR SERVICE” ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WWW.LICKR.APP OR ANY OF THE “LICKR SERVICES” DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
From time to time, Lickr may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. LICKR DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL LICKR OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Lickr makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
LIMITATION ON LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL LICKR, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE “LICKR SERVICES”, EVEN IF LICKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LICKR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LICKR FOR THE SERVICE DURING THE TERM OF ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
ARBITRATION AND GOVERNING LAW.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the Israeli Institute of Commercial Arbitration. YOU MAY NOT UNDER ANY CIRCUMSTANCES COMMENCE OR MAINTAIN AGAINST LICKR ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Lickr (except for small-claims court actions) may be commenced only in the federal or state courts located in Israel. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and Lickr, shall be governed by the laws of the state of Israel without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
GENERAL REPRESENTATION AND WARRANTY.
You agree to indemnify and hold harmless Lickr, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
Lickr may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
ENTIRE AGREEMENT; OTHER.
This Agreement constitutes the entire agreement Lickr and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Lickr, or by the posting by Lickr of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Israel
You acknowledge having read the Agreement before accepting it, having the authority to accept the Agreement and having received a copy of the Agreement. Should have any questions about your use of Lickr’s website, feel free to contact us at: email@example.com
Effective Date: The earlier of September 09, 2018, or user acceptance.