Terms of service
Flickstick Terms of Service
Terms
Welcome to www.theflickstick.com. The www.theflickstick.com website (the "Site” or, ”Flickstick”, “Website”) is comprised of various web pages operated by The Gutsy Group LLC (“we” or, “Gutsy Group”, “The Gutsy Group”, ”our”, “us”). www.theflickstick.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.theflickstick.com services (“Services”) constitutes your agreement to all such Terms, all applicable laws and regulations. Please read these terms carefully, and keep a copy of them for your reference. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Flickstick sells multipurpose handles (“Flicksticks” or “sticks”), that stick on to the back of cell phones and other mobile devices, as well as other cell phone accessories. Customers purchase Flicksticks and other accessories from our Website.
Privacy
Your use of www.theflickstick.com is subject to The Gutsy Group's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Use License
By using the Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you are 18 years of age or older, have your parent's or guardian's permission to enter into these Terms, or otherwise have the ability to form a binding contract; (d) your use of the website or Services does not violate any applicable law or regulation or any obligation you may have to a third party; (e) your use of the Website and Services shall be in compliance with all applicable laws and regulations; and (f) you are solely responsible for obtaining the consent of the parent or guardian ("Parental Consent") before transferring us any information, including images, of any children.
You may use the Website and the Services in accordance with and subject to these Terms. Flickstick may, at its sole discretion and at any time, modify or discontinue, temporarily or permanently, any part of the website or the Services without notice. Flickstick shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
Flickstick may, for any reason, at its sole discretion and without notice, discontinue or refuse to provide you with the Website or Services. Grounds for such refusal may include but are not limited to (i) violation of the letter or spirit of these Terms, (ii) fraudulent, harassing or abusive behavior, (iii) behavior that is illegal or harmful to other users, third parties, or the business interests of Flickstick, (iv) breach of your representations and warranties herein or breach of any of the terms of these Terms, or (vi) use of your chargeback rights with your credit card company or denial or dispute of any preapproval obtained by Flickstick from your credit card company.
If we believe, at our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Website. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or (User) Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Website and/or the Services.
Any suspension, termination, or cancellation of Services shall not affect your obligations to Flickstick under these Terms (including but not limited to ownership, indemnification, limitation of liability and payment obligation), nor will it affect any other terms herein, which by their sense and context are intended to survive such suspension, termination, or cancellation.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Gutsy Group is not responsible for third party access to your account that results from theft or misappropriation of your account. The Gutsy Group and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Links to Third Party Sites/Third Party Services
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Gutsy Group and The Gutsy Group is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Gutsy Group is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Gutsy Group of the site or any association with its operators.
Certain services made available via www.theflickstick.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.theflickstick.com domain, you hereby acknowledge and consent that The Gutsy Group may share such information and data with any third party with whom The Gutsy Group has a contractual relationship to provide the requested product, service or functionality on behalf of www.theflickstick.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.theflickstick.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Gutsy Group that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Gutsy Group or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Use Restrictions
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Gutsy Group content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Gutsy Group and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Gutsy Group or our licensors except as expressly authorized by these Terms.
Materials Provided to www.theflickstick.com or Posted on Any of The Gutsy Group Web Pages
The Gutsy Group does not claim ownership of the materials you provide to www.theflickstick.com (including feedback and suggestions) or post, upload, input or submit to any Site belonging to The Gutsy Group or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Gutsy Group, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Gutsy Group is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Gutsy Group's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Flickstick account to third party accounts. By connecting your Flickstick account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Limitations
In no event shall The Gutsy Group LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on The Gutsy Group LLC's website, even if The Gutsy Group LLC or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Copyright / DMCA Notifications
The Gutsy Group does not intend to infringe upon or violate the intellectual property rights or other rights of any third party, and we will refuse to use and remove any User Content in connection with the Website that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), The Gutsy Group will remove any Content (including without limitation any User Content) if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of The Gutsy Group is to terminate the accounts of repeat infringers in appropriate circumstances.
If you believe that something appearing on the Website infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting hello@theflickstick.com.
Accuracy of materials
The materials appearing on The Gutsy Group's website could include technical, typographical, or photographic errors. The Gutsy Group does not warrant that any of the materials on its website are accurate, complete or current. The Gutsy Group may make changes to the materials contained on its website at any time without notice. However, The Gutsy Group does not make any commitment to update the materials.
Your Responsibility
It is your responsibility to use the Flickstick and other accessories purchased from Website responsibly and in a safe manner. The Gutsy Group is not liable for any damage to property or persons that may arise due to the use of Flickstick or any other product sold on www.theflickstick.com. Such damages include but are not limited to: damage to the customer’s cell phone, mobile device or mobile case, damage to the customer’s general property or injury to the customer or anyone related to the customer due to the use of the Flickstick or its accessories. Upon purchasing products from www.theflickstick.com you waive all rights to pursue liability claims due to the use of Flickstick or any other products found on www.theflickstick.com.
Links
The Gutsy Group LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Gutsy Group LLC of the site. Use of any such linked website is at the user's own risk.
Modifications
The Gutsy Group LLC may revise these terms of service for its website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these terms of service.
Indemnification
You agree to indemnify, defend and hold harmless The Gutsy Group, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Gutsy Group reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Gutsy Group in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE GUTSY GROUP LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE GUTSY GROUP LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE GUTSY GROUP LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GUTSY GROUP LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE GUTSY GROUP LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Refunds
If you are not completely satisfied with your order due to a mistake we have made or because your Flickstick or other products arrived damaged, you may request a refund, within 30 days of receiving your product, by emailing us at hello@theflickstick.com and sending us a picture of the damaged product. For custom products, we will not refund any amounts if your dissatisfaction with the Stick(s) is due to a mistake on your part or because you have changed your mind.
Contact Us
The Gutsy Group welcomes your questions or comments regarding the Terms:
The Gutsy Group LLC
1950 E 220th St, Ste 205
Long Beach, California 90810
Email Address:
Effective as of January 01, 2019