Terms of Service

Terms

Welcome to Folkk, a website and online and mobile service of Neitri, Pty. Ltd. (“Folkk,” “we,” or “us”). This page explains the terms by which you may use the Folkk web site and any future feeds, mobile device software applications (the “Folkk Software”), application program interfaces, applications for third-party web sites and services, and any other web or mobile services or applications owned, controlled, or offered by Folkk in association with this site (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use Agreement. If you do not agree to any of these terms or any future Terms of Use Agreement, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

1) Use of the Folkk Service

You understand that Folkk is currently in private beta, and being aware of this status accept that there may be incomplete or erroneous components that impair your ability to use the service as advertised.

This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or have the consent of your parent or legal guardian, and are fully able and competent to enter into this Agreement and to abide by and comply with its terms.

You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Folkk immediately of any breach of security or unauthorized use of your account. Although Folkk will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Folkk or others due to such unauthorized use.

You may control your Member profile and how you interact with the Service by changing your settings on the Service. By providing Folkk your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone telephone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences by changing your settings. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.

You agree to use the Service only in accordance with our Acceptable Use policy.

All aspects of the Service are subject to change or elimination at Folkk 's sole discretion. Folkk reserves the right to interrupt the Service an/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service with or without prior notice for any reason or no reason. You agree that Folkk will not be liable to you for any interruption of the Service or your account.

You are solely responsible for your interactions with other Folkk Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Folkk shall have no liability for your interactions with other Users, or for any User’s action or inaction.

2) User Content

The Service allows Users to create a profile and post and/or create personal details, pictures, events, and other information (collectively “User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You agree to comply with the Acceptable Use policy in posting User Content.

Folkk takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service, including without limitation your posting of personal details, is solely your responsibility. Folkk is not responsible for any public display or misuse of your User Content. You may be exposed to User Content that is inaccurate or objectionable.

3) License Grant

By use of this service and posting of any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Folkk a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of statistics and metrics relating to your use of, and activity within, the Service, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

This license in no way, grants us a license to use your personal details against the terms of our Privacy Policy.

4) End User Licenses

Folkk Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Folkk reserves all rights not expressly granted herein in the Service and the Folkk Content (as defined below). Folkk may terminate this license at any time for any reason or no reason.

5) Our Proprietary Rights

Except for your User Content, all right, title, and interest in and to the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the "Folkk Content") are and will remain the exclusive property of Folkk and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Folkk Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

Any feedback, comments, or suggestions you may provide regarding Folkk or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6) Privacy

We care deeply about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in servers located in the United States.

7) Security

We have implemented commercially reasonable technical and organisational measures designed to implement your privacy settings and secure your personal information from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8) Third-Party Links

Folkk may contain links to third-party websites, advertisers, or services that are not owned or controlled by Folkk. Folkk has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from Folkk, you do so at your own risk, and you understand that this Agreement and Folkk’s Privacy Policy do not apply to your use of such sites. You expressly relieve Folkk from any and all liability arising from your use of any third-party website or services or third party owned content.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

9) Indemnity

You agree to defend, indemnify and hold harmless Folkk and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of any country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (vii) your use the Service to meet another User in-person or to locate and/or visit any offline place or event.

10) No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, FOLKK, ITS PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOLKK, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE FOLKK SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH FOLKK OR ANY OTHER USER OF THE FOLKK SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FOLKK 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.

The Service is designed, developed, controlled and operated from Australia, and servers used within the United States. Folkk makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Australian, United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Australia or the United States.

14) Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Folkk without restriction.

15) General

Governing Law. You agree that: (i) the Service shall be deemed solely based in Western Australia; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Folkk, either specific or general, in jurisdictions other than Western Australia. This Agreement shall be governed by the internal substantive laws of the State of Western Australia, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Folkk that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Western Australia.

Notification Procedures. Folkk may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Folkk in our sole discretion. Folkk reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

Entire Agreement/Severability. This Agreement, together with any amendments and other legal terms referenced in the Agreement, shall constitute the entire agreement between you and Folkk concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Folkk's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Survival. You continue to be bound by this Agreement after termination of your account.