Terms of Service

Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Freekik® mobile Service (the "Service") operated by Freekik LTD, a company registered in England and Wales, No. 10214677 and having its domicile at 121a Hammersmith Grove, W6 0NJ, London ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Use of the Service
We grant you the non-exclusive, non-transferable, limited right and license to install and use this Service solely and exclusively for your personal use. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service (or servers or networks connected to the Service), nor may you use the Service in any manner that could interfere with any other party’s use and enjoyment of the Service (or servers or networks connected to the Service). You agree that you are solely responsible for (and that Freekik has no responsibility to you or to any third party for) your use of the Service, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which Freekik may suffer) of any such breach.

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Freekik. By way of example, and not as a limitation, you agree not to use the Service: (1) To abuse, harass, threaten, impersonate or intimidate any person; (2) To post or transmit, or cause to be posted or transmitted, any Visual Content or Communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person; (3) For any purpose (including posting or viewing Visual Content) that is not permitted under the laws of the jurisdiction where you use the Services; (4) To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Freekik user; (5) To create or transmit unwanted ‘spam’ to any person or any URL; (6) With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service; (7) To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Freekik at email: _____________.

You are solely responsible for your interactions with other users of the Site. Freekik reserves the right, but has no obligation, to monitor disputes between you and other users.

Proprietary Rights
You acknowledge that (a) the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Freekik and/or third parties own all right, title and interest in and to the Service and content, excluding content provided by you, that may be presented or accessed through the Service, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all Services, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service or content that may be presented or accessed through the Service for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Service, (iii) use the Service to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Freekik’s or any third party’s’ copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Service.

Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Freekik LTD and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Freekik LTD.

When you upload content, you give to Freekik LTD a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Freekik LTD business.

Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Freekik LTD.

Freekik LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Freekik LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. We also reserve the right, in our sole discretion, to change, limit, or discontinue any aspect, content or feature of the Site, as well as any aspect pertaining to the use of the Service.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification
You agree to defend, indemnify and hold harmless Freekik LTD and its licensee and licensors, 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), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability
In no event shall Freekik LTD , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; 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 we have 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.

Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Freekik LTD its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Freekik LTD ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Freekik LTD or any person for whom Freekik LTD is responsible, and even if Freekik LTD has been advised of the possibility of such loss or damage being incurred.

Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Privacy Policy

Last updated : July 24th 2018 Regarding users’ personal data, FREEKIK LIMITED Applies the General Data Protection Regulation (GDPR) (EU) 2016/679 to ensure that their privacy is protected. .

Should FREEKIK LIMITED ask you (the user) to provide certain information by which you can be identified when using the website www.freekik.com (hereinafter “the Website”) and the App Freekik (hereinafter “the APP”), be assured that it will only be used in accordance with this privacy statement.

1. Name and Address of the Controller
The Data Controller that will collect and process your personal data is:

2. Data collected
While using the APP, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, location, pictures, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device.

Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

3. Purposes of the processing
The purposes for which personal data is processed are the following:

The Data Controller that will collect and process your personal data is:

Freekik will not use your data for profiling purposes and will not make any automated decision based on it. Freekik will not sell your personal information to third parties.

4. Data Storage  
The data shall only be stored for the time the user uses Freekik and in all cases for the time strictly required to provide services to the user. Data shall promptly be deleted straight afterwards, without prejudice to the legal storage obligations provided for by the law.

5. Legal basis for the processing
The legal basis for the processing is the performance of a service contract between the user and Freekik and the user’s consent where we request for it.

6. Data disclosure
Users personal data may be disclosed to third parties which are companies that provide services to Freekik. These third parties are service providers, such us third party applications which integrate with the services, analytics providers that assist Freekik in the improvement and optimization of Freekik APP.

Additionally, some personal data of our users may be transferred to third parties located outside the European Economic Area (EEA), which are certified under the EU-US Privacy Shield.

Freekik may also disclose personal data of users as required by law, or when we believe in good faith that disclosure is necessary to protect our rights, protect the safety of our users or the safety of others, investigate fraud, or respond to a government request.

7. Rights of the Data Subject
Each user (data subject) has the following rights regarding his or her personal data:

  1. Right of confirmation: to obtain from the controller the confirmation as to whether or not personal data concerning him or her is being processed. If a data subject wishes to exercise this right, he or she may at any time contact our data protection officer or another employee of the controller.
  2. Right of access: to obtain from the controller free information about his or her personal data stored at any time and a copy of this information.
  3. Right to rectification: to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her.
  4. Right to erasure (Right to be forgotten): to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies and as long as the processing is not necessary:
    • The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • The data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1) of the GDPR, or point (a) of Article 9 (2) of the GDPR, and where there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) of the GDPR.
    • The personal data has been unlawfully processed.
    • The personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
    • The personal data has been collected in relation to the offer of information society services referred to in Article 8 (1) of the GDPR.
  5. Right of restriction of processing: to obtain from the controller restriction of processing where one of the following Applies:
    • The accuracy of the personal data is contested by the data subject, for a period enabling the Controller to verify the accuracy of the personal data.
    • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
    • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
    • The data subject has objected to processing pursuant to Article 21 (1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
  6. Right to data portability: to receive the personal data concerning him or her, which was provided to the controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data has been provided as long as the processing is based on consent and the processing is carried out by automated means. Furthermore, in exercising his or her right to data portability pursuant to Article 20 (1) of the GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and does not adversely affect the rights and freedoms of others.
  7. Right to object: to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6 (1) of the GDPR. This also Applies to profiling based on these provisions.
  8. Right to withdraw data protection consent: to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise any of the aforementioned rights, he or she may at any time directly contact the data controller by sending the appropriated request at the following addresses:

Data Controller
Finally, each data subject has the right to lodge a complaint before the Supervisory Authority.

8. Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, Freekik has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

9. Links
The APP and the Website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, Freekik cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

10. Cookies
www.freekik.com uses Cookies. For Additional information visit our Cookies Policy.

11. Validity and modifications
FREEKIK may modify, totally or partially, this Privacy Policy, publishing any change or alteration in the same manner in which these conditions appear or via any type of communication directed to the users, as FREEKIK chooses.

The temporary validity of this Privacy Policy coincides, therefore, with the time of exposure, until they are totally or partially modified, in which case these latter modified will becomes the valid policy.