Flock Terms and Conditions of Use

Last Revised: 2/1/2025

Please read these Terms and Conditions of Use (these "Terms") carefully and before using our application, website, or any of our services including accessing any associated content. This is a binding contract between you and Flock, Inc. and covers your use of the Flock application and website ("Flock" or the "App") and the services that we provide in connection with the App ("Services").

Please also review our Privacy Policy which covers how we may use the information that you provide in connection with your use of the App.

We operate and control our Services from our offices and our third party facilities in the United States. Our Services are not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation. Accordingly, those persons who chose to access our Services or use the App from locations outside of the United States do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

CHANGES TO THESE TERMS

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App and our Services thereafter. Any changes to these Terms will be in effect as of the "Last Revised" date referred to at the top of this page. Your continued use of the Services and/or the App after the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

THE APPLICATION AND SERVICES

Flock offers a variety of Services which may be accessed through our App. In order to interact with our Services, you may be required to register an account with us. These Services may be provided by us for free. All Services are provided "as is," with the possibility of future changes as part of an ongoing effort to improve the Services we offer.

Flock is always seeking to expand and improve the Services and thus you may see changes to our Services without warning. Due to the evolving nature of technologies and the way we do business, we reserve the right, with or without notice, to modify, suspend, terminate, or discontinue providing any of the Services, including any features or functionalities of the App at any time. We release updates on a regular basis, some of which are not publicly announced. These are done to improve system stability, add new features, allow us time to perform routine maintenance, and/or comply with applicable law. We are not liable to you or any third party in the event that we modify, suspend, terminate or discontinue any part of the App or the Services.

ACCOUNTS

Before you can use the App or the Services, you must register for an account ("Account"). In order to create an Account you must:

• be at least 13 years old; and
• be legally permitted to use the App by the laws of your jurisdiction.

Our Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use our Services. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using our Services.

You can create an Account as prompted by the App. You will be required to enter certain personal information as part of the account registration process. For more information about what information we use and how we use it, please review our Privacy Policy. By using our App, you acknowledge that we may collect and use of your data and information in accordance with our Privacy Policy.

When we or the App requests information from you, the information you submit should be complete and accurate. You also agree that if any of the provided information changes, you will make the necessary changes to your account as soon as reasonably possible.

You agree not to log into another user's account or try to gain access to another user's account. You should never share your login information with another user or a third party. You are responsible for ensuring that any use of your account complies with these Terms. You are also responsible for any problems or damages that arise as a result of your account's use. Any damage to our system or our Services caused by your account will be your responsibility.

We reserve the right to cancel your account, without notice, for any reason, at any time.

You may not attempt to access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.

CONTENT

There are three types of content that is accessible on the App:

• content that you upload and provide ("Your Content");
• content that other users of the App provide ("Member Content"); and
• content that Flock provides (including, without limitation, substantive content, information, graphics and the software that supports the App and/or the Services) ("Flock Content").

Collectively, these three types of content are referred to herein as "Content".

The following Content is not permitted on the App:

• Content which is illegal or encourages, promotes or incites any illegal activity;
• Content which is harmful to minors;
• Content which is defamatory or libelous;
• Content which is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
• Content which infringes any third party's rights (including, without limitation, intellectual property rights or privacy rights);
• Content which contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
• Content which is obscene, pornographic, violent or otherwise may offend a reasonable person;
• Content which impersonates someone else or which is intended to deceive or manipulate a person; or
• Content which contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Flock or otherwise.

Your Content

You agree that Your Content must comply with these Terms as may be updated from time to time.

Whenever you make use of a feature that allows you to upload content to the App (such as reviews or ratings), you must comply with the content standards set forth in this Section.

Any content you upload to the App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in Your Content, but you grant us and other users of the App, a non-exclusive, royalty free, perpetual, worldwide license to store and copy Your Content and use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

By uploading Your Content to the App, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree and confirm that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post such content and to grant the license described herein.

You warrant that Your Content complies with these Terms, and you will be liable to us and indemnify us if that warranty is breached. This means that you will be liable for any loss or damage we sustain as a result of your breach of warranty.

We have the right to remove any of Your Content uploaded to the App, if, in our sole opinion, such content does not comply with the content standards set out in accordance with these Terms.

We may assign and/or sub-license the license contained in this Section to our affiliates and successors without any further approval by you.

We do not have any obligation to store or backup Your Content and take no responsibility for not doing so.

Member Content

Other members of Flock may also provide content via the App (such as reviews). This Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.

Other than your right to access the Member Content via the App, you do not have any rights in relation to other users' Member Content, and you may only use other Flock users' Member Content as expressly authorized herein. You may not use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse any Member Content.

Flock Content

All Flock Content including any embedded text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property which appears on the App, as well as all Flock software and database(s) used to provide the App and/or the Services, are owned, controlled or licensed by Flock and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to the Flock Content remains with Flock at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Flock Content, without the right to sublicense, under the following conditions:

• you shall not use, sell, modify, or distribute the Flock Content except as permitted by the functionality of the App;
• you shall not create derivative works from the Flock Content or scrape, disable, decompile, analyze or in any way commercially exploit the Flock Content, in whole or in part, in any way; and
• you shall use the Flock Content for lawful purposes only.

We reserve all other rights.

Content Screening

While we don't assume any obligation to pre-screen any of Your Content or any Member Content, we do reserve the right to review, pre-screen, refuse and/or remove any Member Content and/or Your Content in our sole discretion.

REPRESENTATIONS AND RESTRICTIONS

By using our Services and/or the App, you represent and warrant that:

• You will submit true, accurate, current, and complete registration information;
• You will maintain the accuracy of such information and promptly update such registration information as necessary;
• You are not under the age of 13;
• You will not use our Services for any illegal or unauthorized purpose; and
• Your use of our Services will not violate any applicable law or regulation.

You agree that you will not:

• act in an unlawful or disrespectful manner including being dishonest, abusive or discriminatory;
• disclose information that you do not have the authority to disclose;
• harass or abuse any other user of the App; or
• use the App in any deceptive, inauthentic or manipulative way, including engaging in conduct or distributing content relating to scams, spam, inauthentic profiles or commercial and promotional activity.

DATA RIGHTS AND PRIVACY

For information about how the Flock Group collects, uses, and shares your personal data, please review our Privacy Policy. By using Flock, you acknowledge that we may use your data in accordance with our Privacy Policy.

INTELLECTUAL PROPERTY

TRADEMARKS

Our trademarks, logos, images, service marks, trade names and other distinctive branding features are used in connection with the App and by our Services. We do not give you a license to use any of these in any manner or form, and you may not use them without our written permission.

OTHER INTELLECTUAL PROPERTY

The App and its entire set of features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Flock, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Notwithstanding the foregoing, Content appearing on the App is owned as set forth in Section 4.

The App and/or Content appearing on the App may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Flock, unless and except as is expressly provided in these Terms.

TAKEDOWN OF CONTENT

If you believe any content on the App infringes a copyright in a work that you own, please submit a notification alleging such infringement ("DMCA Takedown Notice") to Flock's Copyright Agent at the following email address: _____________. The Takedown Notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
• Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

THIRD PARTY WEBSITES AND CONTENT; NO AFFILIATION OR ENDORSEMENT; DISCLAIMER OF WARRANTIES

The App and the Services may contain features and functions that link to third-party websites, servers, directories, systems, networks and/or content ("Third Party Resources"). Anytime you access any Third Party Resources, what you do in connection with the same is between you and the third party provider. We do not endorse or support any Third Party Resources, and cannot be held responsible for what is contained on external systems. Third Party Resources are not a part of our Services or the App in any way, and we do not imply, and expressly disclaim, any affiliation or endorsement of any companies, resources, content, recommendations and other material associated with such Third Party Resources.

The App and the Services may include content provided by third parties, including materials provided by advertisers, other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by Flock, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Flock or any of its employees or affiliated persons. Flock is not responsible, or liable to you or any third party, for the content, accuracy, or legality, of any materials provided by any third parties.

THE APP, THE CONTENT AND THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICES AND THE APP ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. FLOCK, ITS SUPPLIERS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FLOCK, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES AND THE FUNCTIONALITY OF THE APP. FLOCK, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES AND THE APP. FLOCK, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE APP OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE APP.

YOU UNDERSTAND AND AGREE THAT: (A) THE APP AND THE SERVICES WILL NOT BE UNINTERRUPTED OR ERROR-FREE; (B) THERE IS NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED; (C) FLOCK HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE APP; (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE APP AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA; AND (E) FLOCK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, USER DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THROUGH THE APP, OR ON ANY WEBSITE LINKED TO IT.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLOCK OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE APP (INCLUDING THROUGH SUPPORT SERVICES) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

PUSH NOTIFICATIONS AND COMMUNICATIONS

We may provide you with emails and other messages related to the App and/or the Services, such as enhancements, offers, products, events, and other promotions. Where available, you may manage email and notification preferences in your account settings.

LIMITATION OF LIABILITY

NEITHER FLOCK NOR ANY FLOCK USER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1000).

INDEMNITY

All information you post on Flock as well as your interaction with the App remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

• any negligent acts, omissions or willful misconduct by you;
• your access to and use of the App;
• the uploading or submission of Content to the App by you;
• any breach of these Terms by you; and/or
• your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. Upon our request, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

TERMINATION AND REMEDIES

Flock reserves the right, in our sole discretion, to terminate your access to, or use of the Services and/or the App, ban you as a user, and/or delete any content or data uploaded by you, with or without cause, and with or without notice. You acknowledge and agree that, upon any such termination, any licenses granted by Flock shall terminate and Flock shall have no liability or obligation to you.

Termination of your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.

If your account is terminated by you or by Flock for any reason, all provisions of these Terms which by their nature should survive, shall survive termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers and limitation of liability. Your information will be maintained and deleted in accordance with our Privacy Policy.

MISCELLANEOUS

These Terms, which we may amend from time to time, constitute the entire agreement between you and Flock. The Terms supersede all previous agreements, representations and arrangements between us (written or oral), excluding the Privacy Policy.

The communications between you and Flock Group may take place via electronic means, whether you use the App or send Flock emails, or whether Flock posts notices in the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Flock in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Flock provides to you electronically satisfy any requirements for the foregoing to be in writing.

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

You agree that all matters relating to the Services, the App and these Terms, and any dispute or claim arising therefrom or related, shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Virginia (without reference to conflict of laws principles).

You agree to file any legal suit, action, or proceeding (each a "Dispute") arising out of, or related to, these Terms, the App or the Services exclusively in the courts of the Commonwealth of Virginia, Fairfax County, although we retain the right to bring any Dispute against you for breach of these Terms in your country of residence or any other relevant country. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in the Commonwealth of Virginia, Fairfax County, in any Dispute relating to us or these Terms.

You waive any and all objections to the exercise of exclusive jurisdiction over you and over the subject matter by such courts and to venue in such courts including any defense of forum non conveniens.

You irrevocably waive, to the fullest extent permitted by applicable law, any right you may have to a trial by jury in respect of any Dispute directly or indirectly arising out of, under or in connection with these Terms.