Terms of Service
This website is owned and operated by Flock Group Inc and its subsidiaries and affiliates (collectively “Flock” “we,” “us,” or “our”).
These Terms represent the entire understanding relating to your use of the Services and prevail over any prior or contemporaneous, conflicting or additional communications between you and Flock. All rights not expressly granted herein are reserved by Flock.
Specific areas or pages of this website may include additional or different terms relating to the use of our Services. In the event of a conflict between such specific terms and these Terms, the specific terms shall control.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
CHANGES TO THE AGREEMENT AND SERVICES
Flock is free to revise these Terms or any other part of the Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the website, notifying you though the Services, by sending you an email, and/or by some other means. By continuing to use our Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates.
We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any content from the Services at any time, for any reason, in our sole discretion, and without notice.
We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
ACCESS AND USE
All right, title and interest in the Services and Content (as defined below) of Flock provided through the Products and Services (including information, documents, logos, graphics, designs and images) are owned by Flock, its licensors, or designated third parties. Subject to these Terms, Flock grants you a limited, non-transferable, non-exclusive right to access and use the Services for the sole purpose of monitoring and controlling our Products installed on your property.
Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of Flock to ensure that you comply with any applicable laws when you use the Products and Services, including but not limited to (1) any laws relating to the recording or sharing of video or audio content, and/or (2) any laws requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Products or Services. If your use of the Services or any Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services or any Products in a way that breaks the law. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You represent, warrant, and agree that you will not contribute any Content or otherwise use the Services or Products or interact with the Services or Products in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including us); Violates any law or regulation, including any applicable export control laws; Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; Jeopardizes the security of your Flock account or anyone else’s (such as allowing someone else to log in to the Services as you); Attempts, in any manner, to obtain the password, account, or other security information from any other user; Violates the security of any computer network, or cracks any passwords or security encryption codes; Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); or Copies or stores any significant portion of the Content.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
TRADEMARKS AND COPYRIGHTS
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Flock or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, Flock is the owner of all trademarks and service marks on this website, whether registered or not. Flock expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).
You may have the ability to publicly post or upload materials (including, without limitation, video, images, audio, and commentary) (the “Content”) captured through or in connection your use of the Products and Services. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Products or Services. You represent and warrant that (a) you own the Content posted by you or otherwise have the right to post the content and grant the license set forth below, and (b) the posting and use of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You hereby grant Flock and its licensees an unlimited, irrevocable, fully paid and royalty-free, perpetual, worldwide right to re-use, distribute, store, delete, translate, copy, modify, display, sell, create derivative works from and otherwise exploit such Content for any purpose and in any media formats in any media channels without compensation to you. You shall not use, reproduce, modify, upload, publish, transmit, distribute, display, or otherwise exploit for any purposes whatsoever any Content: (i) not owned by you without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. You may not post harassing, spam, discriminatory, unlawful, threatening, infringing, hateful, pornographic or sexually suggestive Content. Flock reserves the right, but shall not be obligated, to remove any Content from the Services at any time in its sole and absolute discretion. If you see Content that you believe violates our Terms, please report it to us by emailing firstname.lastname@example.org
CLOUD VIDEO RECORDING
When you purchase our Products, you may have the option of enjoying our Cloud Recording Service (“Cloud Service”). If you activate the Cloud Service, it will automatically send to us for storage any video footage and/or audio recording captured by the Products installed on your property (“Cloud Recordings”), and allows you to later access your Cloud Recordings from your computers or compatible devices for a limited period of time after such Cloud Recording was created so long as you are enrolled in the Cloud Service. If you turn off the Cloud Service, then we do not store any Cloud Recordings. Please note that if you elect to delete any Cloud Recordings from the Cloud Service, it may take us up to 72 hours to actually remove those Cloud Recordings.
When you first set up your Product through the Services, or at any time after you begin using your Product, you may enjoy our Cloud Service by enrolling in our monthly or annual subscription plan, which entitles you to access our Cloud Service for each payment period until such subscription is cancelled.
Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Flock reserves the right to cancel your subscription and to collect any applicable return item, rejection or insufficient funds fee and to process any such payment by the payment method you have submitted to us.
Unless you opt out of auto-renewal, which can be done by contacting us, any paid Services (for example, Cloud Recording) you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your paid Services at any time, contact us. If you terminate a paid Service, you may use your subscription until the end of your then-current term and your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period, except as set forth in the Refund Policy below. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable paid Service by contacting us before the end of the recurring term. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these Terms, Company will not refund any fees that you have already paid. Your non-termination or continued use of a paid Service reaffirms that we are authorized to charge your payment method for that paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the paid Service.
You may be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
CLOUD RECORDINGS AND PERMISSION FROM YOU
Flock does not claim ownership of your Cloud Recordings (“Recordings”). You own your Recordings. However, by purchasing or using our Cloud Service, you give Flock the right, without any compensation or obligation to you, to access and use your Cloud Recordings for the limited purposes of providing Services to you, protecting you, improving our Products and Services, and developing new Products and Services.
In addition to the rights granted above, you also acknowledge and agree that Flock may access, use, preserve and/or disclose your Recordings to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law. Deleted Content and Recordings may be stored by Flock in order to comply with certain legal obligations and are not retrievable without a valid court order.
CANCELLATIONS, REFUNDS, AND PAYMENTS
Cancellation of Subscription Services
You may cancel your Cloud Service by contacting us at any time, with or without cause. After your cancellation, you will continue to enjoy access to the Cloud Service until the last day of your subscription period. After such subscription period ends, Cloud Recordings will no longer be accessible to you. After your paid subscription ends, we may (but aren’t obligated to) delete any or all of your Cloud Recordings stored on the Cloud Service.
If, for any reason, you decide to return Product that you purchased from us for a refund, you must notify us and return the Product to us within thirty (30) days from the date the Product was delivered to the shipping address provided. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to us). We will refund the price you paid for the Product excluding original shipping charges.
If we charge less than the correct or advertised amount on a transaction, we have the right for 30 days after the original transaction date, to complete subsequent transaction attempts in order to rectify the incorrect payment. Should this occur, you have the right to reject such charge and cancel your original transaction for a full refund in accordance with our Refund Policy.
THIRD PARTY SERVICES
You may be allowed to access or acquire products, websites, applications, content or services from third parties (“Third Party Services”) through our Services or website. A description or reference to any Third Party Service by or through our Services (including any description or reference via hyperlink) does not imply endorsement by Flock of such Third Party Service. These Third Party Services are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Flock has no control over the content or policies of such Third Party Services, and we are not responsible for (and under no circumstances shall we be liable for) the contents, accuracy, reliability, quality or security of any such Third Party Service. Those who choose to access information provided by third parties (including any information obtained through our Services) are solely responsible for the compliance of such information with any applicable law.
From time to time, Flock may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products (“Updates”). You agree that Flock may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
Flock is pleased to hear from its customers. However, we do not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services or marketing, except in compliance with the procedures that may be otherwise be provided to you. Please do not send us any original creative materials, such as product ideas or suggestions, except in compliance with such procedures. Anything you disclose or offer to us by or through this website or our Services (“communications”), including e-mails to Flock or postings on interactive portions of this website, shall be deemed and shall remain the property of Flock. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. Flock is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing our Products or Services using such communications. By submitting communications to us through this website, via e-mail, or by any means, you hereby RELEASE Flock from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to this website or to Flock, you hereby grant Flock, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.
PRODUCTS AND SOFTWARE
Downloading or using our software (including our mobile application) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software, presented upon download of such software, and these Terms. Our software is copyrighted by Flock or its licensor(s), and may be protected by one or more patents owned by Flock or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the software. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.
These Terms apply to your use of all the Services, including software that may be downloaded to your smartphone or tablet to access services (“Application”) via the App Store from Apple or the Android app market from Google (the “App Store”), but the following additional terms also apply to the Application:
(a) Both you and Flock acknowledge that the Terms are concluded between you and Flock only, and not with the App Store, and the App Store is not responsible for the Application or the Content;
(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Products and Services;
(c) You will only use the Application in connection with a device that you own or control;
(d) You acknowledge and agree that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the App Store of such failure; upon notification, the App Store’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
(f) You acknowledge and agree that Flock, and not the App Store, is responsible for addressing any claims you or any third party may have in relation to the Application;
(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Flock, and not the App Store, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(i) Both you and Flock acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
(j) Both you and Flock acknowledge and agree that the App Store and its affiliated entities are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
NO REPRESENTATIONS OR WARRANTIES
Flock makes no representations or warranties that our Services are free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Flock's computer systems. YOU USE THE SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD FLOCK HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE SERVICE, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE SERVICES.
OUR PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS,’ AND FLOCK DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT THAT OUR PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FLOCK BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FLOCK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS.
GOVERNING LAW AND DISPUTES
These Terms and Conditions shall be governed by the laws of the State of Georgia, without respect to its conflict of laws principles. Any claim or dispute that arises in whole or in part from the Site shall be resolved by binding arbitration in Atlanta, Georgia using the Commercial Dispute Resolution Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions, and will be administered by the AAA.. Notwithstanding the foregoing, you and Flock agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (ii) seek injunctive relief in a U.S. court or law or (iii) file suit in a court of law to address intellectual property infringement claims. To the extent that any lawsuit or court proceeding is permitted under these Terms and Conditions, you and Flock agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Fulton County, Georgia for the purpose of litigating all such disputes.
SEVERABILITY AND SURVIVAL
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Despite any representations concerning privacy, Flock reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
Questions concerning these Terms, requests for cancellation of your Cloud Service subscription, or other requests or questions should be directed to the contact point specified at the end of these Terms.
Last Updated: February 22, 2017