Terms and Conditions
These Terms of Service ("Terms") govern your access to and use of the Flikshop (and/or The Perspectives Group, LLC) services, websites and mobile applications (the "Services"), and any information, text, graphics, photos, video, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any content you post within the Services, and for any consequences thereof. The Content you submit, post, request to ship, or display will be able to be viewed by correctional facilities, the personnel of correctional facilities, mail delivery personnel, and other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. What you post and say on Flikshop may be viewed all around the world instantly. Make sure you are comfortable with your content. You may use the Services only if you can form a binding contract with Flikshop and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that Flikshop provides are always evolving and the form and nature of the Services that Flikshop provides may change from time to time without prior notice to you. In addition, Flikshop may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Flikshop on the Services are subject to change. In consideration for Flikshop granting you access to and use of the Services, you agree that Flikshop and its third party providers and partners may place such advertising on the Services or in connection with the display of the Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Flikshop cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Content on the Services
All Content, whether publicly shared on your postcard (or other service) or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, explicitness, sensitivity, or reliability of any Content or communications used via the Services, postcards, social networking shares, or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. You further understand that you are to abide by all of the legal restrictions or ramifications that are set by any correctional authority in which the Services are being used. Under no circumstances will Flikshop be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, mailed, emailed, transmitted or otherwise made available via the Services or shipped elsewhere.
Photo & Video Best Practices
How to be the best Flikshop photographer and writer possible:
Taking photos is more of an art than a science, but we've got some tips to help make sure that yours are as good as possible.
Make your pictures and messages are easy to understand and are not explicit. Make sure that you have good lighting and that the picture that you are taking actually shows something interesting and looks nice.
Keep it original. Upload your photos and messages, not somebody else's.
Keep it appropriate. Not every institution will allow for certain pictures and messages. Please protect yourself and the recipient of the Services, so no explicit pictures. Also be careful about pictures and messages that may pose a security risk to the institution of the recipient.
If you see anything that is offensive or spam you can let Flikshop know by submitting an email to firstname.lastname@example.org.
Show some respect. Don't take photos that show private information such as phone numbers, addresses, or any other personally identifiable or confidential information. If someone does not want to show up in a picture then do not post them within the Services.
Be safe. Do not text or take pictures while you are driving or doing something that could cause an accident or harm others. Flikshop shall be absolved of any lawsuit or other legal action that may come as a result of using the mobile application or website.
Have fun with it. Flikshop is a great way to stay in constant contact with an incarcerated loved one, and you are a big part of that. Take photos and have fun.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, shipping, posting or displaying Content on or through the Services, you grant us a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license is that you are authorizing us to make your postcard available to the rest of the world and to let others do the same. You agree that this license includes the right for Flikshop to make such Content available to other companies, organizations or individuals who partner with Flikshop for the marketing, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Flikshop, or other companies, organizations or individuals who partner with Flikshop, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. We may modify or adapt your Content in order to transmit, display or distribute it in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any institution, devices, services or media. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. Flikshop will not be responsible or liable for any use of your Content by Flikshop in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. Flikshop gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Flikshop as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Flikshop, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding any Content provided by users) are and will remain the exclusive property of Flikshop and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the Flikshop name or any of the Flikshop trademarks, logos, domain names, and other distinctive brand features without Flikshop’s written consent. Any feedback, comments, or suggestions you may provide regarding Flikshop, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Please review the Flikshop rules (which are part of these Terms) to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Flikshop, its users and the public.
Flikshop does not disclose personally identifying information to third parties except in accordance with these Terms.
Except as permitted through the Services (or these Terms), you have to use the Flikshop Services if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Flikshop’s computer systems, or the technical delivery systems of Flikshop’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Flikshop (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Flikshop; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Our goal is to provide a service that allows you to quickly send a postcard with a personalized photo and message to a prison incarcerated person. We respect the ownership of the content that users send and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor user’s content and will not censor user content, except in limited circumstances described below.
Content Boundaries and Use of Flikshop
In order to provide the Flikshop Services and to maintain the ability to communicate and stay connected with incarcerated persons, there are some limitations on the type of content that can be published through Flikshop. These limitations comply with legal requirements and make Flikshop a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.
Impersonation: You may not impersonate others through the Flikshop service in a manner that does or is intended to mislead, confuse, or deceive others.
Trademark: We reserve the right to reclaim user names and profile pictures on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.
Privacy: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
Violence and Threats: You may not publish or post direct, specific threats of violence against others.
Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in these Terms.
Unlawful Use: You may not use our Services for any unlawful purposes or for promotion of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
Spam and Abuse
Flikshop strives to protect its users and correctional facilities from abuse. Technical abuse and user abuse is not tolerated on Flikshop.com or the mobile app, and will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.
Serial Accounts: You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the Flikshop Rules is a cause for permanent suspension of all accounts.
Your use of Flikshop's products, services and websites (referred to collectively as the "Services" in this document and excluding any services provided to you by Flikshop under a separate written agreement) is subject to the terms of a legal agreement between you and Flikshop.
Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
Spam: You may not use the Flikshop service for the purpose of spamming anyone. What constitutes "spamming" will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
If you have sent postcards out to a large amount of incarcerated persons in a short amount of time soliciting any kind of business;
Pornography: You may not use obscene or pornographic images in either your profile picture or the personalized postcard picture.
Your account may be suspended for violations of these Terms if any of the above is deemed to be true. Accounts created to replace suspended accounts will be permanently suspended. Accounts engaging in any of these behaviors may be investigated for abuse. Flikshop reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate the Flikshop Rules or these Terms.
Flikshop respects the rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Flikshop will also terminate a user’s account if the user is determined to be a repeat infringer.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
The Perspectives Group, LLC.
c/o Flikshop, Inc.
Attn: Copyright Agent
80 M St. SE
Washington, DC 20003
The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, FLIKSHOP AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Flikshop will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Flikshop has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Flikshop does not warrant any fraud or harm for your credit card or any other payment processing method, and is held harmless for any claims from such merchant services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Flikshop or through the Services, will create any warranty not expressly made herein.
The website or mobile app may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Flikshop of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLIKSHOP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, CREDIT CARD DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FLIKSHOP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify, and hold harmless Flikshop, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your provided Content, any use of Flikshop’s Services other than as expressly authorized in these Terms, or your use of any information obtained from Flikshop.
Waiver and Severability
The failure of Flikshop to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Maryland without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Lanham, MD, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Pennsylvania (excluding choice of law).
At Flikshop's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maryland law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
We may revise these Terms from time to time, the most current version will always be at localhost:3005/terms. If the revision, in our sole discretion, is material we will notify you via a Flikshop update or email to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Flikshop, Inc., 80 M St. SE Washington, DC 20003. If you have any questions about these Terms, please contact us at info@Flikshop.com.
Effective: October 3, 2020