We (Flockport Inc) provide a container management and orchestration application, an app store and and web site called Flockport.com. We would love for you to use it. Our service is free.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Flockport, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Without limiting any of those representations or warranties, Flockport has the right (though not the obligation) to, in Flockport’s sole discretion (i) refuse or remove any content that, in Flockport's reasonable opinion, violates any Flockport policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Flockport’s sole discretion.
If you post any content on the the forum, or otherwise make (or allow any third party to make) material available by means (any such material, “Content”), You are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Flockport for inclusion on Flockport.com, you grant Flockport Inc a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Flockport.com and Flockport sharing service. If you delete the Content, Flockport will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
As Flockport asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Flockport.com violates your copyright, you are encouraged to notify Flockport in accordance with Flockport’s Digital Millennium Copyright Act (“DMCA”) Policy. Flockport will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Flockport will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Flockport or others. In the case of such termination.
This Agreement does not transfer from Flockport to you any Flockport or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Flockport. Flockport.com Flockport Inc and its subsidiaries, the Flockport logo, and all other trademarks, service marks, graphics and logos used in connection with Flockport.com, or the Website are trademarks or registered trademarks of Flockport.com or Flockport's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Flockport or third-party trademarks.
Flockport reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Flockport may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Flockport may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Flockport.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website and Flockport containers are provided “as is”. Flockport and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Flockport nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Flockport, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Flockport under this agreement during the twelve (12) month period prior to the cause of action. Flockport shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
This Agreement constitutes the entire agreement between Flockport and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Flockport, or by the posting by Automattic of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Flockport may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assign.
You agree not to misuse Flockport.com and Flockport containers and arising services. For example, you must not, and must not attempt to do the following: