Terms of Use
These Terms of Use (“Terms”) were recently updated on Oct 20, 2023.
Kindly examine these Terms meticulously as they constitute a legally binding agreement between you and Flickoly and encompass crucial details about your legal rights, remedies, and responsibilities.
IF YOU RESIDE IN THE UNITED STATES OR CANADA, ACCEPTING THESE TERMS IMPLIES YOUR AGREEMENT TO RESOLVE ALL DISPUTES WITH FLICKOLY THROUGH SMALL CLAIMS COURT OR BINDING INDIVIDUAL ARBITRATION EXCLUSIVELY. FOR INDIAN STUDENTS, INDIAN GOVERNMENT LAW WILL APPLICABLE. YOU ALSO WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS AND TO HAVE DISPUTES DECIDED BY JUDICIAL AUTHORITY, AS DETAILED IN THE DISPUTE RESOLUTION SECTION.
Flickoly’s mission is to enhance lives through learning, facilitating the creation and sharing of educational content by instructors and providing access to that content for learners. We believe our marketplace model is the optimal way to deliver valuable educational content. To maintain a secure platform and services for all users, including you, us, and our community of students and instructors, these Terms apply to all your interactions on the Flickoly website, Flickoly mobile applications, TV applications, APIs, and associated services (“Services”).
If you publish a course on the Flickoly platform, you must also agree to the Instructor Terms. Further details about the processing of personal data of students and instructors are available in our Privacy Policy. For those using Flickoly as part of an employer’s Flickoly Business learning and development program, the Flickoly Business Privacy Statement is applicable. The Instructor Terms, Privacy Policy, and other Flickoly policies relevant to your use of our Services are incorporated into these Terms.
Our website and apps may transmit information about your browsing and app activities to third parties providing services to Flickoly. By using our Services, you express your consent to these communications.
Table of Contents
1. Accounts
2. Content Enrollment and Lifetime Access
3. Payments, Credits, and Refunds
4. Content and Behavior Rules
5. Flickoly’s Rights to Content You Post
6. Using Flickoly at Your Own Risk
7. Flickoly’s Rights
8. Subscription Terms
9. Miscellaneous Legal Terms
10. Dispute Resolution
11. Updating These Terms
12. How to Contact Us
1. Accounts
For most activities on our platform, you must have an account. Safeguard your password, as you are accountable for all account-associated activities. If you suspect unauthorized use, notify our Support Team. You must meet the age of consent for online services in your country to use Flickoly.
An account is necessary for various platform activities, including content purchase, access, and submission. When establishing and maintaining your account, provide accurate and complete information. Account security is your responsibility, and any repercussions resulting from unauthorized use fall under your liability. Sharing or transferring your account is prohibited. Contact us for account access, providing necessary ownership proof. In the case of a user’s demise, the account will be closed.
Do not share your account login details. Inform us promptly of any unauthorized account use. We may request information to verify your ownership. Users must be at least 18 years old to create an account; exceptions require parental involvement. Failure to adhere to age-related rules will result in account termination. Refer to the Instructor Terms for identity verification in content publication on Flickoly.
Account termination is possible at any time; refer to our Privacy Policy for account termination effects.
2. Content Enrollment and Lifetime Access
Upon enrolling in a course, you receive a license to view it via Flickoly Services exclusively. Attempting to transfer or resell content is forbidden. Generally, we provide a lifetime access license, unless content disablement is necessary due to legal, policy reasons, or Subscription Plan enrollment.
Instructors grant Flickoly a license to offer content licenses to students. When you enroll in a course, whether free or paid, you obtain a license from Flickoly for personal, non-commercial, educational purposes. Content access is licensed, not sold. No rights for resale, reproduction, or redistribution exist unless explicitly permitted. Lifetime access applies, with exceptions for Subscription Plans and associated features or services. Instructors may not directly license content to students.
3. Payments, Credits, and Refunds
Payment agreement requires valid methods. Dissatisfaction with content allows a 30-day refund or credit, excluding Subscription Plan purchases.
3.1 Pricing
Content prices on Flickoly are determined by the Instructor Terms and Promotions Policy. Prices may vary across platforms due to pricing systems. Promotions may offer discounted prices for a specified period. Currency displayed is based on account creation location; tax may apply based on user location.
3.2 Payments
Agree to pay fees for purchased content; we may charge your payment method. Payment methods are updated by payment service providers; refer to our Privacy Policy.
3.3 Refunds and Refund Credits
A 30-day refund or credit is available for dis-satisfactory content purchases. Refund method is at our discretion. No refund applies after the 30-day limit, but exceptions exist for disabled content or suspected fraud. Refund credits may expire; misuse may result in denial.
3.4 Gift and Promotional Codes
Codes may offer credits redeemable on Flickoly, subject to terms. Expiry may occur if unused. Partner-offered codes adhere to partner policies. Multiple credits may be prioritized for purchases.
4. Content and Behavior Rules
You can only use Flickoly for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses, and other content you upload in line with our Trust & Safety Guidelines and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a student, the Services enable you to ask questions to the instructors of courses or other content you are enrolled in and to post reviews of content. For certain content, the instructor may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
If you are an instructor, you can submit content for publication on the platform, and you can also communicate with the students who have enrolled in your courses or other content. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review, or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Instructor Terms before you submit any content for publication on Flickoly.
If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Trust & Safety Guidelines, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. Flickoly complies with copyright laws. Check out our Intellectual Property Policy for more details.
Flickoly has discretion in enforcing these Terms and our Trust & Safety Guidelines. We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
If a user has published content that infringes your copyright or trademark rights, please let us know. Our Instructor Terms require our instructors to follow the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with us, see our Intellectual Property Policy.
5. Flickoly’s Rights to Content You Post
You retain content ownership; we may share it through various media, including advertising on external sites. By posting content, you grant Flickoly a worldwide, non-exclusive, royalty-free license to use, modify, distribute, and promote your content.
Please write in English language.
6. Using Flickoly at Your Own Risk
Flickoly allows individuals to create and publish content, fostering interaction between instructors and students for educational purposes. However, similar to other platforms where content is shared, there are inherent risks, and you engage with Flickoly at your own discretion.
Our platform operates on a model that does not involve reviewing or editing content for legal matters. We do not have the capacity to assess the legality of content. Flickoly exercises no editorial control over the content on the platform and does not guarantee the reliability, validity, accuracy, or truthfulness of the content. Your reliance on any information provided by an instructor is done at your own risk.
When using Flickoly, you may encounter content that you find offensive, indecent, or objectionable. Flickoly is not responsible for preventing your access to such content, and we bear no liability for your enrollment or access to any course or content, to the extent permissible under applicable law. This also applies to content related to health, wellness, and physical exercise. You acknowledge the inherent risks in such content and voluntarily assume those risks, including the risk of illness, bodily injury, disability, or death. You take full responsibility for your choices before, during, and after accessing the content.
In direct interactions with instructors or students, exercise caution regarding the personal information you share. While we limit the types of information instructors may request from students, we do not control how students and instructors use the information obtained from other users. For safety reasons, refrain from sharing your email or other personal details.
Flickoly does not employ instructors and is not responsible for, or liable for, interactions between instructors and students. We disclaim liability for disputes, claims, losses, injuries, or damages arising from or related to the conduct of instructors or students.
As you use our services, you may encounter links to third-party websites not owned or controlled by Flickoly. We are not accountable for the content or any other aspect of these third-party sites, including their data collection practices. It is advisable to review their terms and conditions and privacy policies.
7. Flickoly’s Rights
Flickoly and its licensors exclusively own all rights, title, and interest in and to the Flickoly platform and services, encompassing the website, present or future apps and services, as well as elements like logos, APIs, code, and content created by our employees. These are protected by copyright, trademark, and other laws. Use of the Flickoly name, trademarks, logos, domain names, and brand features without authorization is prohibited. Any feedback, comments, or suggestions you provide about Flickoly or the services is voluntary, and we retain the freedom to use such input as we see fit without any obligation to you.
While accessing or using the Flickoly platform and services, you must refrain from:
– Accessing, tampering with, or using non-public areas of the platform, Flickoly’s computer systems, or the technical delivery systems of Flickoly’s service providers.
– Disabling, interfering with, or attempting to circumvent any features of the platform related to security, or probing, scanning, or testing the vulnerability of our systems.
– Copying, modifying, creating derivative works, reverse engineering, reverse assembling, or attempting to discover any source code or content on the Flickoly platform or services.
– Accessing or searching our platform by any means other than through our available search functionalities, as provided via our website, mobile apps, or API, and only pursuant to those API terms and conditions.
– Using the services to send altered, deceptive, or false source-identifying information or interfering with the access of any user, host, or network.
8. Subscription Terms
This section outlines additional terms pertaining to the use of subscription-based collections on Flickoly as a student (“Subscription Plans”). By using a Subscription Plan, you agree to the terms presented in this section. Note that the use of Flickoly Business is not subject to these Terms, but is instead governed by the agreement between Flickoly and the subscribing organization.
8.1 Subscription Plans
During your subscription to a Flickoly Subscription Plan, you receive a limited, non-exclusive, non-transferable license to access and view the content included in that Subscription Plan via the Services. Except for the lifetime access license grant, the terms outlined in the “Content Enrollment and Lifetime Access” section above apply to enrollments via Subscription Plans.
Your Subscription Plan may also include access to interactive environments, such as workspaces (“Interactive Sessions”). Interactive Sessions may be provided by a third party, subject to its own agreement or terms and conditions, and subject to usage limitations outlined on our Support Page. You are responsible for complying with the terms and conditions of any third-party provider.
The subscription you purchase or renew determines the scope, features, and price of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with anyone else.
We reserve the right to revoke any license to use the content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion, such as if we no longer have the right to offer the content through a Subscription Plan. Additional information on our right to revoke is included in the “Content Enrollment and Lifetime Access” section.
8.2 Account Management
You may cancel your subscription by following the steps outlined on our Support Page. If you cancel your subscription to a Subscription Plan, your access to that Subscription Plan will automatically end on the last day of your billing period. On cancellation, you will not be entitled to receive a refund or credit of any fees already paid for your subscription, unless otherwise required by applicable law. For clarity, cancellation of a subscription does not terminate your Flickoly account.
8.3 Free Trials & Renewals
Your subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up. Flickoly determines free trial eligibility at our sole discretion and may limit access, eligibility, or duration. We reserve the right to terminate the free trial and suspend your subscription if we determine that you aren’t eligible.
We will charge the subscription fee for your next billing cycle at the end of the free trial period. Your subscription will automatically renew according to your subscription settings (e.g., monthly or annually) unless you cancel your subscription prior to the end of the free trial period. For more information on how to view applicable fees and dates of your free trial period, visit our Support Page.
8.4 Payments and Billing
The subscription fee will be listed at the time of your purchase. You can visit our Support Page to learn more about where to find the fees and dates applicable to your subscription. We may also be required to add taxes to your subscription fee as described in the “Payments, Credits, and Refunds” section above. Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law. Depending on where you are located, you may qualify for a refund. See our Refund Policy for Subscription Plans for additional information.
To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then
9. Miscellaneous Legal Terms
9.1 Binding Agreement
By registering, accessing, or using Flickoly’s Services, you enter into a legally binding contract with Flickoly. If you disagree with these Terms, refrain from registering or using the Services. If you’re an instructor using the Services on behalf of an entity, you confirm your authorization to do so. In cases of language discrepancies, the English version prevails.
9.2 Disclaimers
Flickoly disclaims responsibility for platform downtime, instructor statements, or security issues. Services are provided “as is” and “as available.” Flickoly and its affiliates make no warranties about reliability, availability, security, or accuracy, and expressly disclaim implied warranties. Users assume the risk, and Flickoly is not liable for specific outcomes from Service use. Flickoly may cease certain features without liability for interruptions.
9.3 Limitation of Liability
Using Flickoly involves inherent risks, and users accept full responsibility. Flickoly, its affiliates, and partners are not liable for indirect, incidental, or consequential damages. Liability is limited to the greater of $100 USD or INR 10,000 or fees paid in the past 12 months. Some jurisdictions may not allow such limitations.
9.4 Indemnification
Users agree to indemnify Flickoly against third-party claims arising from content posted, Service use, or violation of Terms. Indemnification survives Terms termination.
9.5 Governing Law and Jurisdiction
Governing law is determined by user location. For Indian students, it’s governed by Indian law; for others, it’s governed by Californian law. Disputes are subject to exclusive jurisdiction and venue in the specified locations.
9.6 Legal Actions and Notices
Claims must be made within one year, except where law dictates otherwise. Notices are in writing via registered mail or email.
9.7 Relationship Between Us
No joint venture, partnership, or agency relationship exists between users and Flickoly.
9.8 No Assignment
Users cannot assign rights and licenses granted under these Terms. Flickoly may assign without restriction. No third-party rights are conferred.
9.9 Sanctions and Export Laws
Users warrant compliance with applicable U.S. trade sanctions and export laws, and consent to potential termination if subject to such restrictions.
10. Dispute Resolution
Users agree to resolve disputes through informal means first. If unresolved, users can pursue small claims court or individual arbitration. Class actions are waived. This section applies to U.S. and Canadian users.
10.1 Dispute Resolution Overview
Disputes must be addressed through small claims court or individual arbitration. Users agree to bring claims individually.
10.2 Mandatory Informal Dispute Resolution Process
Before filing a claim, parties must participate in a 60-day informal resolution process. Claim Statements must be sent and resolved in good faith. Failure to complete this process is a material breach of the Terms.
10.3 Small Claims
Disputes unresolved through informal means may be brought to small claims court in specified locations, and users waive the right to bring disputes elsewhere.
Please note that this summary is a simplified interpretation and may not capture all nuances. Refer to the original text for comprehensive understanding.
10.4 Fees and Costs
You and Flickoly agree that each party will bear its own costs and attorneys’ fees in the event of a dispute, provided, however, that either party may recover fees and costs to the extent permitted by applicable law. If a court or an arbitrator determines that an arbitration has been brought or threatened in bad faith, or that the demand was frivolous or asserted for an improper purpose, the court or arbitrator may, to the fullest extent permitted by law, award attorneys’ fees to the party defending against the claim just as a court could.
11. Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Flickoly reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
12. How to Contact Us
The best way to get in touch with us is to contact our Support Team or mail us at care@flickoly.com. We’d love to hear your questions, concerns, and feedback about our Services.
Thanks for teaching and learning with us!