Flaggpole Terms of Use

Last Updated October 12, 2015

1. GENERAL

Flaggpole, Inc. (DBA Flaggpole) (the “Company”) provides services through its websites, programs and computer servers, including but not limited to, mobile application promotions, and email forwarding. (The Company and all such services are referred to collectively herein as “Flaggpole”.) By accessing or using Flaggpole, you are a “user” and you accept and agree to the terms below (the “Terms of Use” or “TOU”) as a legal contract between you and Flaggpole. The TOU include and incorporate additional terms (“guidelines”) applicable to particular categories or services available on Flaggpole as set forth to users upon access to such categories or services. Flaggpole may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of Flaggpole.

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of Flaggpole, in which case any continuing access or use of Flaggpole is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on Flaggpole.

The TOU grant you a limited, revocable, nonexclusive license to access Flaggpole and use Flaggpole, in whole or in part, including but not limited to Flaggpole intellectual property therein, solely in compliance with the TOU.

FLAGGPOLE ® is a registered trademarks of Flaggpole, Inc. and is protected by United States and international laws. The TOU do not authorize you to us FLAGGPOLE ® or any similar or related marks (including, for example and without limitation, for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with Flaggpole.

2. MODERATION

Flaggpole has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (“content”)) posted to, stored on or transmitted via Flaggpole by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of Flaggpole) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that Flaggpole, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). Flaggpole may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Flaggpole action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive Flaggpole’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.

You also understand and agree that any action or inaction by Flaggpole or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “Company Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither the Company nor any Company Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.

Although Company Representatives may moderate content, conduct and TOU compliance on Flaggpole at the Company’s discretion, Company Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of Flaggpole will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of Flaggpole will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any Company Representative (or by anyone else acting on behalf of Flaggpole or by anyone purportedly acting on behalf of Flaggpole) that Flaggpole (including but not limited to any Company Representative, anyone else acting on behalf of Flaggpole, or anyone purportedly acting on behalf of Flaggpole) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that the Company, Company Representatives and anyone else authorized to act on behalf of Flaggpole shall in no circumstance be liable as a result of any representation that the Company, a Company Representative or anyone else on behalf of Flaggpole would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by the Company’s Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

The Company also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of Flaggpole at any time without notice. The Company and Company Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

3. CONTENT AND CONDUCT

a. Content

Flaggpole does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from Flaggpole includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via Flaggpole); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to Flaggpole would violate these TOU or Flaggpole’s other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on Flaggpole and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.

You automatically grant and assign to Flaggpole, and you represent and warrant that you have the right to grant and assign to Flaggpole, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to Flaggpole all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

You agree to indemnify and hold Flaggpole and Company Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by Flaggpole or Company Representatives.

b. Conduct

Flaggpole does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to Flaggpole, and, if you create an account on Flaggpole, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold the Company and Company Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to Flaggpole or Flaggpole, and related to or arising out of any conduct or activities on, through or by use of your Flaggpole account, if any. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by Flaggpole or Company Representatives.

4. POSTING AND ACCOUNTS

This section 4 applies to all uses and users of Flaggpole, unless Flaggpole has specifically authorized an exception to a particular term for a particular user in a written agreement. Flaggpole has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

a. Postings

Users may not circumvent any technological measure implemented by Flaggpole to restrict the manner in which content may be posted on Flaggpole or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent Flaggpole accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”

It is expressly prohibited for any third party to post content to Flaggpole on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to Flaggpole using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to Flaggpole for each instance of access to Flaggpole (by any user or other third party) using that automated means.

Affiliate marketing is expressly prohibited on Flaggpole. Users may not post content or communicate with any Flaggpole user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

b. Accounts

A user may maintain and use no more than one account, including a telephone or phone-verified account (“PVA”), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.

A user may create an account, including a PVA, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited.

A user must only use his/her own account or PVA, and may not use any account or PVA of another.

The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited.

A user must create his/her account or PVA personally and manually and may not create accounts or PVAs by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any PVA using his/her own valid telephone number. The creation of a PVA using a telephone number that is not the user’s own, a telephonic forwarding service or system, or a temporary/disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or PVA creation process is also expressly prohibited.

5. UNAUTHORIZED ACCESS AND ACTIVITIES

This section 5 applies to all uses and users of Flaggpole, unless Flaggpole has specifically authorized an exception to a particular term for a particular user in a written agreement. Flaggpole has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.

To maintain the integrity and functionality of Flaggpole for its users, access to Flaggpole and/or activities related to Flaggpole that are harmful to, inconsistent with or disruptive of Flaggpole and/or its users’ beneficial use and enjoyment of Flaggpole are expressly unauthorized and prohibited. For example, without limitation:

The collection of Flaggpole users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any copying, aggregation, display, distribution, performance or derivative use of Flaggpole or any content posted on Flaggpole whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access Flaggpole without individual written agreements executed with Flaggpole that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant Flaggpole website, service, forum or content; (b) they access Flaggpole from a stable IP address using an easily identifiable agent; and (c) they comply with Flaggpole’s robots.txt file; provided however, that Flaggpole may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access Flaggpole without their own written agreement executed with Flaggpole), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

Any access to or use of Flaggpole to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Flaggpole (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

If you access Flaggpole or copy, display, distribute, perform or create derivative works from Flaggpole webpages or other Flaggpole intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Flaggpole or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Flaggpole webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and rights of Flaggpole pursuant to 17 U.S.C. § 1201.

Any effort to decompile, disassemble or reverse engineer all or any part of Flaggpole in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of Flaggpole in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of Flaggpole in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.

6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS

The Company and Company Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

You agree to indemnify and hold the Company and Company Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by the Company or Company Representatives.

7. FEES

Flaggpole may charge a fee to post content or for other features, products, services or licenses. You are responsible to Flaggpole for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize Flaggpole, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by Flaggpole or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, Flaggpole reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

8. DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON FLAGGPOLE AND CONTENT ACCESSED THROUGH FLAGGPOLE IS ENTIRELY AT YOUR OWN RISK. FLAGGPOLE (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, FLAGGPOLE ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF FLAGGPOLE AND CONTENT ACCESSED THROUGH FLAGGPOLE; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF FLAGGPOLE OR CONTENT ACCESSED THROUGH FLAGGPOLE; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF FLAGGPOLE OR CONTENT ACCESSED THROUGH FLAGGPOLE (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON FLAGGPOLE OR IN CONTENT).

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

9. LIMITATIONS OF LIABILITY

THE COMPANY AND THE COMPANY REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON FLAGGPOLE OR CONTENT ACCESSED THROUGH FLAGGPOLE BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO FLAGGPOLE OR CONTENT ACCESSED THROUGH FLAGGPOLE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF THE COMPANY OR ANY COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF FLAGGPOLE OR CONTENT ACCESSED THROUGH FLAGGPOLE; ANY INABILITY TO ACCESS OR USE FLAGGPOLE OR CONTENT ACCESSED THROUGH FLAGGPOLE; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF FLAGGPOLE OR CONTENT ACCESSED THROUGH FLAGGPOLE.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF FLAGGPOLE OR CONTENT ACCESSED THROUGH FLAGGPOLE (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON FLAGGPOLE AND LINKS IN CONTENT ACCESSED THROUGH FLAGGPOLE).

You hereby release the Company and each of the Company Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Flaggpole or content accessed through Flaggpole, or any interactions with others arising out of or related to Flaggpole or content accessed through Flaggpole, and you expressly waive the provisions of any law in any applicable jurisdiction, which provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

10. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please contact Flaggpole customer service.

11. INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of the TOU may cause Flaggpole immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, Flaggpole has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to Flaggpole in law or in equity, Flaggpole may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.v

12. DAMAGES

In addition to any injunctive relief, you agree to pay to Flaggpole the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to Flaggpole.

Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of Flaggpole’s damages for such violations, and that liquidated damages for violations of the TOU are and will be cumulative.

13. PRIVACY

Flaggpole has established a privacy policy covering the collection, use, and disclosure of user information.

14. MISCELLANEOUS

These TOU constitute the entire agreement between you and Flaggpole and supersede any prior written or oral agreement. Other than the Company Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.

Any and all claims, causes of action or disputes (regardless of theory) between you and Flaggpole arising out of or related to the TOU, Flaggpole or content accessed through Flaggpole shall be governed by the laws of the State of Delaware without regard to conflict or choice of law principles. You and Flaggpole agree that any such claims, causes of action or disputes shall be brought exclusively in courts located in Delaware, and you and Flaggpole agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.

Flaggpole, Inc. Privacy Policy

Last Updated September 13, 2019

Our Services instantly connect people everywhere to what’s most meaningful to them. Any registered user of the Flaggpole Services can send a message, that is public by default and can include other content like photos, videos, and links to other websites.
This Privacy Policy (“Policy”) describes how and when Flaggpole collects, uses and shares your information when you use our Services. Flaggpole receives your information through our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services (the “Services”) and from our partners and other third parties. For example, you send us information when you use our Services on the web, via SMS, or from a mobile application. When using any of our Services you consent to the collection, transfer, storage, disclosure, and use of your information as described in this Privacy Policy.

Your information is controlled by Flaggpole, Inc. You authorize Flaggpole to use your information in the United States, or any other country where Flaggpole operates.

If you have any questions or comments about this Privacy Policy, please contact us at info@Flaggpole.com.
Information Collection and Use
Basic Account Information: When you create or reconfigure an account, you provide some personal information, such as your name, username, password, email address, phone number, zip code or mobile device ID. On the Flaggpole Services, your name and username are searchable by administrators of the communities you subscribe to.

Contact Information: You may use your contact information, such as your email address or phone number, to customize your account or enable Services. If you provide Flaggpole with your device ID, you agree to receive push notifications to that number from Flaggpole. When you use Digits by Flaggpole to sign up for or login to a third-party application, you are directing Flaggpole to share your contact information, such as your device ID, with that application. We may use your contact information to send you information about our Services, to market to you, to help prevent spam, fraud, or abuse, and to help others find your account, including through third-party services and client applications. You may unsubscribe from notifications from communities or channels by simply un-following them.

Additional Information: If you connect your account on our Services to your account on another service in order to cross-post between our Services and that service, the other service may send us your registration or profile information on that service and other information that you authorize. This information enables cross-posting, helps us improve the Services, and is deleted from our Services within a few weeks of your disconnecting from our Services your account on the other service. Providing the additional information described in this section is entirely optional.

Messages, Following, Lists and other Public Information: Our Services are primarily designed to help you share information with the world. Most of the information you provide us through the Flaggpole Services is information you are asking us to make public. Your public information includes the messages you publish; the metadata provided with the content you publish, such as when you published the content and the client application you used to publish the content; the language, country, and time zone associated with your account; and the lists you create, people you follow, and other pieces of information that result from your use of the Flaggpole Services. We may use this information to make inferences, like what topics you may be interested in, and to customize the content we show you, including ads. Our default is almost always to make the information you provide through the Flaggpole Services public for as long as you do not delete it, but we generally give you settings or features to make the information more private if you want. The Flaggpole Services broadly and instantly disseminate your public information to a wide range of users, customers, and services. For instance, your public user profile information and public content is immediately delivered via SMS and our APIs to our partners and other third parties, including search engines, developers, and publishers that integrate Flaggpole content into their services, and institutions such as universities and public health agencies that analyze the information for trends and insights. When you share information or content like photos, videos, and links via the Services, you should think carefully about what you are making public.

Location Information: Flaggpole may receive information about your location. For example, you may choose to publish your location in your content and in your Flaggpole profile. We may also determine location by using other data from your device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address. We may use and store information about your location to provide features of our Services, and to improve and customize the Services, for example, with more relevant content like local trends, stories, ads, and suggestions for communities to follow.

Links: Flaggpole may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.

Cookies: Like many websites, we use cookies and similar technologies to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services such as searching and looking at public communities. A cookie is a small data file that is transferred to your computer or mobile device. Flaggpole may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to customize and improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable cookies.

Log Data: When you use our Services, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your account to authenticate to a third-party website or application, or visit a third-party website that includes a Flaggpole button or widget. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications, such as when you choose to install another application through Flaggpole. Flaggpole uses Log Data to provide, understand, and improve our Services, to make inferences, like what topics you may be interested in, and to customize the content we show you, including ads.

Widget Data: We may tailor the Services for you based on your visits to third-party websites that integrate Flaggpole buttons or widgets. When these websites first load our buttons or widgets for display, we receive Log Data that includes the web page you visited and a cookie that identifies your browser (“Widget Data”). We may use Widget Data to tailor content for you, such as suggestions for people to follow and other content you may be interested in.

Commerce Services: You may provide your payment information, including your credit or debit card number, card expiration date, CVV code, and billing address (collectively, “Payment Information”), along with your shipping address, to complete a commerce transaction through our Services. You may also provide your credit or debit card number to register for card-linked services, such as offers. To facilitate future purchases, we store your Payment Information, excluding CVV code, and shipping address, which you can remove from your account at any time. We consider your Payment Information and shipping address private and do not make such information public. We collect and store information created by your purchases made through our Services (“Transaction Data”). If you register your credit or debit card with Flaggpole for card-linked services, we receive information about the card transactions from a third-party payment services provider or card network (“Registered Card Data”). Transaction Data and Registered Card Data may include the merchant’s name and the date, time and amount of the transaction. Flaggpole uses Registered Card Data to verify eligibility for card-linked services, and may also use Registered Card Data to limit the number of offers available to you and keep track of your offers.

Third-Parties and Affiliates: Flaggpole uses a variety of third-party services to help provide our Services, such as hosting our various blogs and wikis, and to help us understand and improve the use of our Services, such as Google Analytics. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address. Third-party ad partners may share information with us, like a browser cookie ID, website URL visited, mobile device ID, or cryptographic hash of a common account identifier (such as an email address), to help us measure and tailor ads. For example, this allows us to display ads about things you may have already shown interest in off of our Services.
Information Sharing and Disclosure
User Consent or Direction: We may share or disclose your information at your direction, such as when you authorize a third-party web client or application to access your account. Other users may share or disclose information about you, such as when they mention you, share a photo of you, or tag you in a photo. If you’ve shared information, like direct messages or other content, with another user who accesses the Flaggpole Services through a third-party service, keep in mind that the information may be shared with the third-party service.

Service Providers: We engage service providers to perform functions and provide services to us in the United States and other countries. We may share your private personal information with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions. We share your Payment Information with payment services providers to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit or debit cards. We may share your credit or debit card number with payment services providers or card networks to monitor card transactions at participating merchants and track redemption activity for the purposes of providing card-linked services.

Sellers of Goods and Services: If you buy goods or services through our Services, we may provide the seller, commerce provider or marketplace with your name, email address, shipping address, Payment Information and Transaction Data to facilitate payment processing, order fulfillment and dispute resolution (including payment and shipping disputes) and to help prevent, detect and investigate fraud or other prohibited activities. Please refer to these third parties’ privacy policies for information about their privacy practices.

Law and Harm: Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Flaggpole’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

Business Transfers and Affiliates: In the event that Flaggpole is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. This Privacy Policy will apply to your information as transferred to the new entity. We may also disclose information about you to our corporate affiliates in order to help provide, understand, and improve our Services and our affiliates’ services, including the delivery of ads.

Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, public Tweets, the people you follow or that follow you, or the number of users who clicked on a particular link (even if only one did), or reports to advertisers about unique users who saw or clicked on their ads after we have removed any private personal information (such as your name or contact information).
Accessing and Modifying Your Personal Information
If you are a registered user of our Services, we provide you with tools and account settings to access, correct, delete, or modify the personal information you provided to us and associated with your account.

You can also permanently delete your Flaggpole account. Keep in mind that search engines and other third parties may still retain copies of your public information, like your user profile information and public content, even after you have deleted the information from the Flaggpole Services or deactivated your account.
Our Policy Towards Children
Our Services are not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.
Changes to this Policy
We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be on our website. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an app update or email to the email address associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.