TERMS OF SERVICE FOR END-CLIENTS USING iOS
1. GENERAL AND DEFINITIONS
1.1 These terms and conditions (“Terms”) are an agreement between you as an End-client and peerCast AB (reg. 559014-6873), a company incorporated under the laws of Sweden (“peerCast”). peerCast provides a service named Fliffr, including a web application and mobile applications, with a market place and a communication platform for live services to an online audience. These terms of service shall apply to all End-clients using Fliffr via iOS.
“Provider” means an individual or a company providing live services through the Platform.
“End-client” means the individual or legal entity making use of the live services offered via the Platform.
“Fliffr” means the services provided by peerCast on the Platform, including but not limited to communication services and other features available at any time.
“You” means the End-client.
“Platform” means the website www.fliffr.com and the iOS mobile application Fliffr.
If you use Fliffr as both a Provider and an End-client, the respective Terms of Services shall apply.
2. ACCEPTANCE OF TERMS
2.1 When you click [“Agree”] during the registration process for an account, you agree to these Terms. peerCast reserves the right to modify these Terms at any time in its sole discretion, and will notify you by e-mail 30 days in advance of any changes taking effect and by posting the updated Terms on the Platform. Your continued use of the Service after notification of any changes in Terms constitutes your agreement to the updated Terms. If you do not agree to these Terms or any updated version of the Terms, you may not use Fliffr.
3. THE SERVICE
3.1 The purpose of Fliffr is to facilitate the connection and interaction between Providers and End-clients for video and audio live services. Such live services are provided via peerCast’s Platform. By using Fliffr, you can search for and initiate a live service session with a Provider on the Platform. peerCast does not take part in the interaction between the Providers and the End-clients except for providing the Platform for searching, booking and communications, for sharing information and for managing payments when required. peerCast is not a Provider itself – all live services are offered by the Providers.
3.2 In order to take part of the Provider’s Services you will have to set up an account with peerCast. peerCast reserves the right, in its sole discretion, to refuse your registration of an account and consequently any use of Fliffr.
3.3 peerCast may provide support to you as provided on the Platform.
3.4 The Providers may at their sole discretion choose if and what kind of live services they want to provide to you and how the services are carried out, and will provide its live services under a separate agreement with you concerning the live service. Agreements between you and the Provider regarding the live service and the content thereof are solely between you and the Provider. peerCast is not a party to any agreement between you and the Providers. Complaints and issues concerning a Provider’s services must be resolved directly between you and the Provider.
3.5 PEERCAST WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH FLIFFR. YOU EXPRESSLY AGREE TO HOLD PEERCAST HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM OR PROVIDER.
3.6 IN THE EVENT OF ANY THIRD PARTY CLAIM THAT THE SOFTWARE INFRINGES THAT THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, PEERCAST, NOT APPLE INC., WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENCE, SETTLEMENT, AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.
4. PAYMENT AND REFUNDS
4.1 It is free of charge for you to search for a Provider on the Platform, but if you want to use the Provider’s services you may be required to pay for the services. The fee, if any, will be shown as price per minute on the Platform for that specific Provider. Total price for Provider’s services will be based on the length of the session. When booking a Provider for the first time, you will be asked to provide payment details and to expressly authorize charges for selected services. The information will be kept by a third party for recurring payments. Payment to a Provider for the live services shall be made directly after the session is finished unless otherwise agreed. The payment shall be made through a third party appointed by peerCast. peerCast reserves the right to correct any errors or mistakes that it makes concerning the payment, even if peerCast already has requested or received payment.
5. TERMINATION OF END-CLIENT’S ACCOUNT
5.1 You may at any time terminate your use of Fliffr and close your account with peerCast. These Terms will apply until your account has been closed. As a consequence of your termination, peerCast will delete all information that can be attributed to you. Information on how to close your account can be found on the Platform.
5.2 peerCast reserves the right, in its sole discretion and without prior notice, to terminate your account and your ability to use Fliffr.
5.3 peerCast reserves the right, at its sole discretion and without prior notice, to block End-clients from certain IP addresses from accessing the Platform.
6.1 Fliffr are available only to individuals that can form legally binding contracts under applicable law. Without limiting the foregoing, Fliffr are not available to minors or anyone under the age of eighteen (18) unless agreed to by a parent or legal guardian. By setting up an End-client account, you guarantee that you are eighteen years old or older. peerCast disclaims any liability related to the use of Fliffr by anyone under the age of eighteen.
7.2 peerCast is not responsible for the Provider’s processing of the personal data that you have provided such Provider(s) with and consequently disclaims all liability in this regard.
8. USER RESPONSIBILITIES
8.1 You may use Fliffr only for such purposes that are permitted by applicable law or regulation. You undertake to comply with peerCast´s from time to time applicable guidelines and the Terms. You may not use Fliffr in a way that causes peerCast or other third party harm. If you become aware of Fliffr being used in violation of these provisions, you shall, if possible, immediately terminate such use and inform peerCast of the violation.
8.2 Your account is for your sole, personal use. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of your password to your account.
8.3 You agree not to communicate or publish information that infringes or violates someone else’s right (copyright, trademark or other intellectual property right), that may violate the integrity of, intimidate or offend another person, that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination, racial agitation). You may not use any part of Fliffr for sending unwanted bulk mail or unrequested marketing e-mails or conduct an automated process service other than services provided by peerCast.
8.4 Your account is for your sole, personal use. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of your password to your account.
8.5 You are responsible for providing accurate, current and complete information in connection with your registration and use of the Platform and Fliffr. In relation to peerCast and its partners, you are solely responsible for all information communicated or transmitted through Fliffr and your account. Information means for example text, pictures, sounds, data, video and links.
8.6 You may not use the Platform or Fliffr to recruit, solicit, or contact Providers for employment or contracting for a business not affiliated with peerCast.
8.7 You may not copy the contents of Fliffr and the Platform, including but not limited to any of the records or profiles of Providers and other users, and you are prohibited from using any technology, method or scheme to reproduce or mirror all or any portion of the contents of Fliffr and the Platform, nor utilize any other technology, or automated code of any kind, to copy, reproduce or download the contents of Fliffr and the Platform.
8.8 The marks and trademarks “Fliffr” and the Fliffr logo are marks owned by peerCast. Except as may be otherwise indicated, any other trademarks, service marks, logos and/or trade names appearing on the Platform are the properties of their respective owners. You acknowledge the rights of peerCast and the respective third parties in those marks and that you may not copy or use any of these marks, logos or trade names without the prior written permission of the owner. By posting content to any public or user area of the Platform you guarantee that you have the right to grant, and you do grant to peerCast an irrevocable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such content and to prepare derivative works of, or incorporate into other works, such content. You further represent and warrant that public posting and use of your content by peerCast will not infringe or violate the rights of any third party. Your use of Fliffr, including but not limited to the content you post on the Platform, must be in accordance with any and all applicable laws and regulations.
8.9 End-client warrants that he/she is 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 he/she is not listed on any U.S. Government list of prohibited or restricted parties.
9. NO WARRANTY
9.1 THIS PLATFORM, FLIFFR, THE INFORMATION AND MATERIALS CONTAINED AND MADE AVAILABLE THROUGH THIS PLATFORM AND FLIFFR, INCLUDING LIVE SERVICES, TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE ALL PROVIDED "AS IS" AND "AS AVAILABLE”.
9.2 PEERCAST DOES NOT: a) GUARANTEE, THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE PLATFORM, THROUGH FLIFFR OR THROUGH THE PROVIDER’S SERVICES, OR b) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PROVIDER THROUGH OR ON OUR PLATFORM OR THROUGH FLIFFR. PEERCAST DOES NOT WARRANT THAT YOUR USE OF FLIFFR WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN FLIFFR WILL BE CORRECTED. IN ADDITION, PEERCAST MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY AND CREDENTIALS OF ANY PROVIDER.
9.3 APPLE INC. WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER OR OBLIGATION TO PAY DAMAGE UNDER THE TERMS.
10. LIMITATION OF LIABILITY
10.1 YOU AGREE THAT NEITHER PEERCAST NOR THE PROVIDERS WILL BE LIABLE FOR ANY HARMS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR RELATING TO: (i) THE USE OR THE INABILITY TO USE THE PLATFORM OR FLIFFR; (ii) ADVISE, STATEMENTS OR CONDUCT OF THE PROVIDERS; OR (iii) ANY OTHER MATTER RELATING TO FLIFFR.
10.2 YOU AGREE THAT PEERCAST’S AGGREGATE LIABILITY IN RELATION TO YOU NEVER CAN EXCEED THE PRICE PAID BY YOU FOR FLIFFR. PEERCAST EXPRESSLY EXCLUDE ANY AND ALL LIABILITY TO ANY THIRD PARTY.
11.1 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PEERCAST FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, OR DEMANDS OF LIABILITY, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’S FEES AND COSTS IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM OR FLIFFR AND YOUR VIOLATION OF THESE TERMS.
11.2 YOU SHALL INDEMNIFY AND HOLD PEERCAST HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM AND/OR PROVIDER.
11.3 YOU SHALL INDEMNIFY AND HOLD PEERCAST HARMLESS FROM ANY DIRECT OR INDIRECT CLAIM MADE BY A THIRD PARTY ARISING OUT OF YOUR USE OF FLIFFR. THIS MEANS THAT IF YOU OR SOMEONE ACTING ON YOUR BEHALFT SHOULD CAUSE PEERCAST’S END-CLIENTS OR A THIRD PARTY DAMAGE, YOU SHALL INDEMNIFY AND HOLD HARMLESS PEERCAST FROM ANY SUCH CLAIM.
12. FORCE MAJEURE
12.1 You expressly release peerCast from responsibility for any delay or failure of performance if and to the extent caused by an event that is not reasonably foreseeable or otherwise caused by or under the control of the party claiming force majeure, such as changes in laws and regulations or in the interpretation thereof, acts of authorities, war, acts of war, labour disputes, blockades, sabotage, terrorism, vandalism, accidents and other like events.
13.1 You agree that we may communicate with you by sending electronic mail to the e-mail address you have registered with peerCast or by providing information to you through our Platform, regarding these Terms, Fliffr, customer service matters, or any other communications related to your use of Fliffr. You agree to make sure that the e-mail address you have registered with peerCast is accurate.
13.2 You acknowledges and agree that Apple Inc. and Apple’s subsidiaries are third party beneficiaries of the Terms, and that, upon the End-client’s acceptance of the Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against the End-client as a third party beneficiary thereof.
13.3 You may not assign or pledge your rights and obligations under these Terms to any third party except with the prior written consent of peerCast. peerCast reserves the right to assign its rights and obligations under these Terms without notice to you or your consent.
13.4 The failure of peerCast to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary and the Terms shall otherwise remain in full force and effect and remain enforceable between the parties.
13.5 The contents of these Terms shall supersede all previous written or oral commitments and undertakings.
13.6 This Agreement shall be construed in accordance with and be governed by the laws of Sweden, without regard to its conflict of law provisions.
13.7 Any dispute, controversy or claim arising out of or in connection with these Terms shall be finally settled by Swedish courts, with Stockholm’s district court (Stockholms tingsrätt) as the court of first instance.
If you have any questions regarding these Terms, or any question, complaint or claim with respect to the software, please contact us at:
111 36 Stockholm
If our help was not satisfactory, you can get assistance via the following website: https://webgate.ec.europa.eu/odr/main/?event=main.home.show