DragonFlick

Terms of Service.

DRAGONFLICK TERMS OF SERVICE

1.
  • THESE TERMS

1.1
  • What these terms cover. These are the terms and conditions (“Terms of Service”) on which we supply our service to you. They form a contract between you and Syzygy Investments Limited, a company registered in Ireland. Our company registration number is 534984 and our registered office is at 25B Cambridge Avenue, Ringsend, Dublin 4.
1.2
  • Why you should read them. Please read these Terms of Service carefully before you register with us. These Terms of Service tell you who we are, how we will provide our service to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3
  • How to contact us. You can contact us by writing to us either at [email protected] or DragonFlick, Frederick House, New Row, Naas, Co Kildare.
1.4
  • How we may contact you. If we have to contact you we will do so through the service we provide to you, by telephone or by writing to you at the email address or postal address you provided to us when registering your account.
1.5
  • "Writing" includes emails. When we use the words "writing" or "written" in these Terms of Service, this includes emails or notices posted by us on our website.
2.
  • OUR CONTRACT WITH YOU

2.1
  • 2We provide access and use of (i) the hosted storage and sharing solution provided for online content storage, sharing, streaming and processing of files, materials, data, text, audio, audio, video, images or other content (collectively, “Content”); (ii) the DragonFlick websites, applications or API’s; and (iii) any written or electronic use of feature guides or other documentation provided or made available by DragonFlick (collectively the “Services”).
2.2
  • By using any part of the Services you indicate your acceptance of these Terms of Service (regardless of whether or not you choose to create an account) and you agree (i) to conduct your use of the Services in accordance with these Terms of Service and (ii) that these Terms of Service constitute a legal agreement between DragonFlick and you. If you do not accept and/or do not agree to be bound by these Terms of Service, do not use and/or immediately cease using the Services.
3.
  • OUR RIGHTS TO MAKE CHANGES

3.1
  • We reserve the right to revise these Terms of Service from time to time. We will post the most current version of these Terms of Service on the DragonFlick website or mobile applications (the “Site”). Any changes will be effective upon posting the revised version of these Terms of Service. Notice of other changes may be provided via www.DragonFlick.com. Therefore, we encourage you to check the date of these Terms of Service whenever you visit the Site to see if these Terms of Service have been updated. Your continued access or use of any portion of the services constitutes your acceptance of such changes. If you don’t agree with the changes, we’re not obliged to keep providing the Service, and you must cancel and stop using the Service.
4.
  • PROVIDING THE SERVICE

4.1
  • Costs. The costs of the Service will be as displayed to you on the Site at the time you create an account or upon changing what type of account you are using.
4.2
  • When we will provide the Service. During the creation of your account we will let you know on what terms we will provide the Service to you. We will also tell you during the process of creating an account when and how you can end the contract. We will supply the Services to you until you end the contract as described in clause 5 or we end the contract by written notice to you as described in clause 7.
4.3
  • Reasons we may suspend the supply of service to you. We may have to suspend the supply of the service to:
  • (a) deal with technical problems or make minor technical changes;
  • (b) update the service to reflect changes in relevant laws and regulatory requirements;
  • (c) make changes to the service or your account as requested by you or notified by us to you (see clause 3).
  • (d) For reasons set out in the acceptable use policy.
4.4
  • Your rights if we suspend the supply of the service. We will endeavour to contact you in advance to tell you we will be suspending supply of the Service, unless the problem is urgent or an emergency. You may contact us to end the contract for the Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than [ ] and we will refund any sums you have paid in advance for the Service in respect of the period after you end the contract.
4.5
  • You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Content that is stored with the Service. Upon termination by DragonFlick, for reasons other than cause, you may request access to your Content, which we will make available for an additional fee. You must make such request within 7 days following termination. Otherwise, any Content you have stored with the Service will not be retrievable, and we will have no obligation to maintain any data stored in your account.
5.
  • YOUR RIGHTS TO END THE CONTRACT

5.1
  • You can always end your contract with us. You have the right to cancel your membership with us at any time by getting in touch with us.
5.2
  • Exercising your right to change your mind under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013. When you register for a paid subscription for an account, you consent to get access to the Service immediately. After registering for an account, if you are a consumer living in the European Union, you may change your mind for any reason or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign up for, upgrade, or renew your use of the Service.
6.
  • HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

6.1
  • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
6.2
  • Exercising your right to change your mind under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013. When you register for a paid subscription for an account, you consent to get access to the Service immediately. After registering for an account, if you are a consumer living in the European Union, you may change your mind for any reason or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign up for, upgrade, or renew your use of the Service.
  • (a) Email email us at [email protected] Please provide your name, home address, details of your account and, where available, your phone number and email address.
  • (b) By post. Simply write to us at our address asking us to end the contract, including details of what you bought, when you ordered or received it and your name and address.
6.2
  • Will a refund be made? We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within fourteen (14) days of your telling us you have changed your mind. If you are not exercising your right to end the contract within the fourteen (14) day cooling off period and you have a month to month paid account or a fixed subscription length then you will be liable to pay the remaining balance of the charge for such month or fixed subscription period. Refunds will only otherwise be issued where mandated by law.
7.
  • OUR RIGHTS TO END THE CONTRACT

7.1
  • We may end the contract if you break it. We may end the contract for the Service at any time by writing to you if:
  • (a) you do not make any payment to us when it is due; you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Service.
  • (b) The Acceptable Use Policy or these Terms of Service.
7.2
  • We may not provide notice before termination where:
  • (a) You are in material breach of these Terms of Service,
  • (b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
  • (c) doing so would be prohibited by law.
7.3
  • We may withdraw the service. We may write to you to let you know that we are going to stop providing the Service. We will try to let you know at least [PERIOD] in advance of our stopping the supply of the Service and will refund any sums you have paid in advance for the Services which will not be provided.
8.
  • IF THERE IS A PROBLEM WITH THE SERVICE

8.1
  • How to tell us about problems. If you have any questions or complaints about the service, please contact us at [email protected]
9.
  • PRICE AND PAYMENT

9.1
  • Where to find the price for the Services. The fees applicable for the Service are available on the Site and DragonFlick’s current published price list. The price of the Service [includes VAT] will be the price indicated when you create an account. We use our best efforts to ensure that the price of the Service advised to you is correct.
9.2
  • We reserve the right to amend the price of your subscription for the Services in the event of the discovery of an error in respect of the price displayed through the Site or otherwise communicated to you. Where this happens we will endeavour to notify you as soon as reasonably practical and you may elect to accept the amended terms (if applicable) or, alternatively, cancel your subscription or account and receive a full refund.
9.3
  • When you must pay and how you must pay. You must be authorised to use the credit/debit card that you enter when you create a billing account. You authorise us to charge you for the Service using your credit /debit card and for any paid feature of the service that you sign up for or use while these Terms of Service are in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. We may charge you up to the amount that you have approved. We may automatically renew your service and charge you for any renewal term. All paid accounts are due the date the invoice is posted on your account. Except as specifically set out in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed. You must keep all your information in your billing account current. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel that Service.
9.4
  • What to do if you think an invoice or billing is wrong. If you think an invoice or amount deducted from your account is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced or charged sums from the original due date.
10.
  • HOW WE MAY USE YOUR PERSONAL INFORMATION

10.1
  • How we will use your personal information. We will use the personal information you provide to us:
  • (a) to supply the Service to you;
  • (b) to process your payment for the Service; and
  • (c) if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us
  • (d) in accordance with the terms of the Privacy Policy.
10.2
  • We will only give your personal information to other third parties where the law either requires or allows us to do so.
11.
  • OTHER IMPORTANT TERMS

11.1
  • We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Service to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
11.2
  • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Service to another person if we agree to this in writing.
11.3
  • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its Terms of Service, except as explained in clause 11.1. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms of Service.
11.4
  • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5
  • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.6
  • Which laws apply to this contract and where you may bring legal proceedings? These Terms of Service are governed by Irish law and you can bring legal proceedings in respect of the Services in the Irish courts. Some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country or provide for some rights for consumers under the law of that territory. This paragraph doesn't override those laws.
11.7
  • Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit your complaint for online resolution to the European Commission Online Dispute Resolution platform [LINK].
12.
  • INTELLECTUAL PROPERTY

12.1
  • Except as set out in Clause 12.2, our Site is protected by copyright, trademarks, data base right and other intellectual property rights (“DragonFlick Content”). You may retrieve and display the DragonFlick Content on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any or DragonFlick Content without written permission from us.
12.2
  • When you make use of the Service and upload your Content this Content remains yours. These Terms of Service do not transfer ownership to us but do give us limited rights to the Content in order to allow us to offer the Services.
12.3
  • In order to make use of the Services and in order to allow us to provide the Services and do things such as hosting, file sharing and providing sorting and search services using tags and metadata you permit us access your Content and this permission extends to our affiliates, associated companies and those third parties we work with to provide the Services.
13.
  • INDEMNITIES

13.1
  • You shall indemnify and hold harmless DragonFlick from and against all and any losses, liabilities, demands, claims, costs and expenses (including legal costs and disbursements on an indemnity basis) and damages incurred or suffered by DragonFlick, and any damages awarded against DragonFlick, arising directly or indirectly as a result of or in connection with any claim that user Content infringes any intellectual property rights of any third party or are defamatory or obscene or otherwise contrary to the terms of the acceptable use policy.
14.
  • LIMITATION OF LIABILITY

14.1
  • WE WILL USE REASONABLE ENDEAVOURS TO REMEDY FAULTS IN THE SERVICE DURING YOUR SUBSCRIPTION. IF WE ARE IN BREACH OF THIS AGREEMENT, YOU AGREE THAT YOUR ONLY RECOVERY FOR DAMAGES THAT YOU INCUR, AND YOUR EXCLUSIVE REMEDY, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO THE SUBSCRIPTION FEE PAID OR PAYABLE IN RELATION TO YOUR USE FOR THE RELEVANT YEAR OF THE SERVICE. WHERE YOU ARE STILL IN THIS FREE TRIAL PERIOD, YOUR ONLY REMEDY WILL BE TO TERMINATE YOUR USE OF THE SERVICE.
14.2
  • WE WILL NOT BE LIABLE FOR ANY BUSINESS LOSSES SUCH AS LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FROM ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING THE SERVICE.
14.3
  • TO THE FULLEST EXTENT PERMITTED BY LAW, DRAGONFLICK AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14.4
  • EXCEPT TO THE EXTENT CONTRARY TO LAW, NEITHER DRAGONFLICK NOR ANY OF OUR DIRECTORS, OWNERS, EMPLOYEES, AFFILIATES, DAT SHARING PARTNERS OR OTHER REPRESENTATIVES WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL LOSSES AND/OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF ANY INFORMATION, PRODUCTS, SERVICES AND/OR MATERIALS OFFERED THIS SITE AND/OR OTHERWISE ARISING, INCLUDING, BUT NOT LIMITED TO, LOSS OF (I) DATA, (II) BUSINESS REVENUE, (III) INCOME, (IV) TIME, (V) SAVINGS, (VI) PROFIT AND/OR (VII) OPPORTUNITY AND/OR LOSS OF AND/OR DAMAGE TO PROPERTY; FAILURE TO REALISE EXPECTED PROFITS OR SAVINGS AND ANY OTHER ECONOMIC LOSS OF ANY KIND, EVEN IF DRAGONFLICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR SUCH LOSS OR DAMAGE WAS REASONABLY FORESEEABLE.
14.5
  • Notwithstanding the above provisions of this clause 14, DragonFlick’s liability will not be limited in the case of fraud or for death or personal injury caused by DragonFlick’s negligence.
15.
  • THIRD PARTY LINKS

15.1
  • Our Site may display links to resources located on servers or websites operated by parties other than DragonFlick. The listing of any link(s) to external resources is not and should not be taken as a recommendation from DragonFlick or a warranty or representation that the information or services offered on such websites will be of a certain standard or suitable for your purpose. Such hyperlinks are provided for your reference and convenience only. The inclusion of hyperlinks on our Site to other websites or servers does not imply any endorsement of the material on such websites or servers or any association with their operators. DragonFlick does not control and is not responsible for such websites or the servers or the parties operating such websites or servers, and accordingly, DragonFlick accepts no responsibility or liability for any material contained on those servers or websites, or the accuracy or legality of information contained on other websites or servers. You will need to use your own discretion when utilising these other websites or servers and any information contained therein. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and you will leave this Site and be re-directed to a website over which DragonFlick has no control.
16.
  • DRAGONFLICK WEBSITE ACCEPTABLE USE POLICY.

16.1
  • Interactive services
16.2
  • We may from time to time provide interactive services on our Site, including, without limitation:
  • (a) Bulletin boards;
  • (b) Comment functions on user Content.
  •  
  • (“Interactive services”).
16.3
  • Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
16.4
  • We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Site, and WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF ANY INTERACTIVE SERVICE BY A USER IN CONTRAVENTION OF OUR CONTENT STANDARDS, WHETHER THE SERVICE IS MODERATED OR NOT.
16.5
  • The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any Interactive Service should be made aware of the potential risks to them.
16.6
  • Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
17.
  • CONTENT STANDARDS

17.1
  • These content standards apply to any Content and all material which you contribute to our Site (“Contributions”), and to any Interactive Services associated with it.
17.2
  • You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
17.3
  • Contributions must:
  • (a) Be accurate (where they state facts).
  • (b) Be genuinely held (where they state opinions).
  • (c) Comply with applicable law in Ireland and in any country from which they are posted.
17.4
  • Contributions must not:
  • (a) Contain any material which is defamatory of any person.
  • (b) ontain any material which is obscene, offensive, hateful or inflammatory
  • (c) Promote sexually explicit material.
  • (d) Promote violence.
  • (e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, membership of an ethnic minority or age.
  • (f) Infringe any copyright, database right or trade mark of any other person.
  • (g) Be likely to deceive any person.
  • (h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • (i) Promote any illegal activity.
  • (j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • (k) Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • (l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • (m) Give the impression that they emanate from us, if this is not the case.
  • (n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
18.
  • PROHIBITED USES

18.1
  • You may only use our Site only for lawful purposes. You may not use our Site:
  • (a) In any way that breaches any applicable local, national or international law or regulation.
  • (b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • (c) For the purpose of harming or attempting to harm minors in any way.
  • (d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • (e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • (f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
18.21
  • You also agree:
  • (a) Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our Terms of Service.
  • (b) Not to access without authority, interfere with, damage or disrupt:
  • (i) any part of our Site;
  • (ii) any equipment or network on which our Site is stored;
  • (iii) any software used in the provision of our Site; or
  • (iv) any software used in the provision of our Site; or
19.
  • SUSPENSION AND TERMINATION

19.1
  • We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
19.2
  • Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Service upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
  • (a) Immediate, temporary or permanent withdrawal of your right to use our Site.
  • (b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
  • (c) Issue of a warning to you.
  • (d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • (e) Further legal action against you.
  • (f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
19.3
  • WE EXCLUDE LIABILITY FOR ACTIONS TAKEN IN RESPONSE TO BREACHES OF THIS ACCEPTABLE USE POLICY. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
20.
  • CHANGES TO THE ACCEPTABLE USE POLICY

20.1
  • We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Site.