Flocknote Terms of Use

By using the Flocknote.com website or associated applications and tools (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Use”). Flocknote, Inc. (“We”) reserves the right to update and change the Terms of Use from time to time without notice. Any new features that enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes. The most current version of the Flocknote Terms of Use can be viewed at any time at flocknote.com/terms. Violation of any of the Terms of Use may result in the termination of your Account. While Flocknote, Inc. prohibits such conduct and Content on the Service, you understand and agree that Flocknote, Inc. cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be at least 13 years old (or have a parent or legal guardian’s permission) to use this Service.
  2. You must provide your legal full name, a valid email address or phone number, and any other information requested in order to complete the registration process.
  3. By subscribing to any lists on Flocknote you understand that the administrators (and only the administrators) of the Flocknote Network associated with that list will have access to your contact and personal registration information (excluding your password).
  4. You understand that by using the Service, your name and profile picture (by default) and potentially what groups you are subscribed to (but only these things, no contact info) may be open to the public if you leave a public comment on a public group.
  5. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  6. You must be a human person. Accounts registered by “bots” or automated methods are not permitted.
  7. It is your responsibility to maintain the security of your account profile and password. Flocknote, Inc. can not and will not be liable for any loss or damage from your failure to comply with this security obligation.
  8. You are responsible for all of your account activity and the Content posted under it.
  9. You may not use the Service for any illegal or unauthorized purpose.

General Conditions

  1. The service is provided on an “as is” and “as available” basis. Your use of the Service is at your sole risk.
  2. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any person will result in immediate account termination.
  3. You must not use your account to “spam” or send out unreasonable amounts or types of messages to people.
  4. You must respect and adhere to current SPAM laws and regulations.
  5. You understand that Flocknote, Inc. uses third party partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission given by Flocknote, Inc.
  7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  8. You expressly understand and agree that Flocknote, Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility such damages could occur), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) conduct or statements of any third party on the service; (e) or any other matter relating to the Service.
  9. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or any other Flocknote, Inc. service.
  10. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  11. You must not transmit any worms or viruses or any code of a destructive nature.
    If your bandwidth, storage or server usage significantly exceeds the average bandwidth usage (as determined solely by Flocknote, Inc.) of other Flocknote customers, we reserve the right to immediately disable or impose restrictions upon your Account until the issue is resolved.
  12. Flocknote, Inc. does not warrant that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e) any errors in the Service will be corrected. But we will do our best to satisfy any reasonable request.
  13. The failure of Flocknote, Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Flocknote, Inc. and governs your use of the Service, superceding any prior agreements between you and Flocknote, Inc. (including, but not limited to, any prior versions of the Terms of Use).
  14. The Service only provides that the emails, text messages and other updates and notifications are processed and delivered properly. We are not responsible for the final delivery of the notifications or updates as they rely on other servers, carriers or services that are out of our control.
  15. Any questions about this agreement or Terms of Use should be directed to support at flocknote dot com.

Unsubscribing or Updating Subscription Settings for Lists

  1. All emails sent out from a particular List will have a message and link at the bottom that allows the subscriber to manage their subscription settings for that particular List.
  2. Simply click that link to be given options to edit your subscription settings or totally unsubscribe from that List (and possibly any other Lists you are subscribed to using Flocknote).

Flocknote Texting Service

To STOP all text notifications from Flocknote to your phone, text STOP to 84576. To get HELP and more info from your phone, text HELP to 84576.

  1. Message and data rates may apply as determined by your cell phone plan and carrier. Please contact our HELP desk for any additional questions or concerns.
  2. Frequency of messages will vary depending on which Lists you are subscribed to. You can view and manage all your subscriptions from your Home page once you log in to flocknote.com.
  3. Not all carriers are supported. But we’ve done our best to get as many as we can. See flocknote.com/txt for a list of supported carriers.
  4. The general Flocknote Terms of Use, where applicable, also apply to any use of Flocknote Texting.

The Flocknote Texting Service Terms and Conditions can also be viewed at flocknote.com/txt.

Cancelation and Termination

  1. You can unsubscribe from any distribution list at any time simply by clicking the unsubscribe link at the bottom of any email. That will give you options to adjust your subscription settings or unsubscribe all together. This, however, does not cancel, deactivate or terminate your Flocknote account.
  2. You are solely responsible for properly canceling your account. This can be done from your “My Account” page at any time. If that is not possible, you must send an email to support at Flocknote dot com (from your registered Flocknote account email address) requesting cancellation of your account.
  3. All of your Content and account information may be immediately and permanently deleted from the Service upon cancellation. This information may not be able to be recovered once your account is canceled.
  4. Flocknote, Inc. does not accept any liability for loss of Content due to Account cancellation.
  5. If you are a paying customer (i.e. a Flocknote Network account administrator) and you cancel your Network before the end of your current paid period (month, year, etc.), your cancellation will take effect immediately and you will not be charged again. There will be no refund for any service time remaining in the current pay period.
  6. We, in our sole discretion, have the right to terminate or suspend your account and refuse any or all current or future use of the Service, or any other Flocknote, Inc. service, for any reason at any time (including the promotion or support of anything that contradicts the teachings of the Catholic Church). Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time.

Admin Usage Policy

(Only applies to account Admins, not typical members)

  1. You guarantee that the owners of the phone numbers and email addresses you provide to the Service, to which outbound messages and other notifications are sent by the Service, have consented or otherwise opted-in to the receipt of such messages and broadcasts.
  2. You acknowledge and agree that you will send messages and broadcasts only to individuals who have given you their express permission to be contacted and you will update your contacts list immediately in order to remove any phone number or email address that has opted-out from receiving messages or broadcasts from the Service.
  3. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages and broadcasts transmitted through the Service.
  4. Without limiting the aforestated, you agree to familiarize yourself with the details and legalities of any messages, broadcasts and/or campaigns conducted through the Service by visiting the following websites:
    1. Federal Trade Commission, http://www.ftc.gov
    2. Federal Communications Commission, http://www.fcc.gov
    3. DoNotCall Registry Info, http://www.donotcall.gov
    4. FCC on Spam,http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email
  5. The Telephone Consumer Protection Act (TCPA) (http://www.fcc.gov), the Federal Trade Commission (http://www.ftc.gov), the Federal Communications Commission (http://www.fcc.gov), DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and emails.
  6. Flocknote, Inc. is in no way attempting to interpret any of these laws, rules or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements that apply to your use of the Service.
  7. You further agree that any individual requesting “Do-Not-Call” (“DNC”) status or to be removed from any of your Lists, shall immediately be removed from your list of approved contacts used with the Service.
  8. You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national and international calling time rules and regulations.
  9. You acknowledge and agree that any admin privileges granted to subscribers within your network is the responsibility of the Super Admin(s) within the network and Flocknote, Inc. will not be held liable should one of the admins misuse their privileges.

Payment, Refunds and Account Changes

(Only applies to paying Network account administrators, not typical members)

  1. A valid credit card is required for paying accounts (those launching their own Flocknote network).
  2. You are responsible for updating your credit card on your account when or if it expires.
  3. The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties that apply to your situation.
  5. Additional fees may be assessed (up to $50 for each occurrence) in the event of a credit card chargeback, especially if the chargeback is caused by the customer.
  6. Premium services will be invoiced, billed and charged at the beginning of each month for the charges accumulated in the previous month.
  7. Pricing is structured for churches and non-profits. If you are a for-profit business, you may be subject to additional fees.

Modifications to the Service and Prices

  1. Note: Flocknote is a free service for everyone except those who create their own Flocknote Network. Subscribing, interacting with, participating in and becoming a member of the Network is totally free.
  2. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  3. Prices for all Services, including but not limited to monthly or annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Flocknote website (www.flocknote.com) or the Service itself.
  4. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
 

Disputes

As part of the consideration of using this Service, you agree that any matter concerning the Terms of Use or any other Flocknote, Inc. agreement or policy, or variations thereof, will be brought before a court of law, pre-or post arbitration, within Montgomery County, Texas unless otherwise specified herein. In addition you agree that the applicable law to be applied shall, in all cases, be that of the State of Texas.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, you agree to allow others to view and share your Content upon participating in the Service.
  2. We do not pre-screen all Content, but Flocknote, Inc. and its designees have the right (but not obligation) in their sole discretion to refuse or remove any Content that is available through the Service. The look and feel of the Service is copyright © 2009 Flocknote, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Flocknote, Inc.
If you have any questions about these terms, please contact us at help@flocknote.com (Flocknote Privacy and Security Policy)

Flocknote’s Acceptable Use Policy

We ask that all users follow our Acceptable Use Policy so as to maintain a positive community at Flocknote that aligns with our mission of building a more connected Church. Any violation of this policy or our Flocknote Terms of Use may result in the termination of your account.
 

Prohibited Content

Content is moderated at our discretion and in alignment with our mission to create a more connected Church. Furthermore, please don’t use Flocknote to distribute anything offensive or illegal. You may not use Flocknote to:

  • Send emails that breach CAN-SPAM or any other anti-spam laws
  • Advertise illegal goods or services
  • Send pornography or sexually explicit content
  • Send content promoting or supporting terrorism

Other Industries

Flocknote and our pricing structure is intended for church and ministry use. While we welcome other industries to use Flocknote, such usage might be subject to additional scrutiny.
 

Prohibited Actions

You may not:
 
  • Create a competing product using any part of our software.
  • Import information about a person that you purchased or otherwise collected without the knowledge of the person.
  • Add any of the following information to profiles: Social Security numbers, passwords, security credentials, or sensitive personal information.
  • Upload images to Flocknote for any reason other than for your use of the Flocknote service
  • Upload content to Flocknote for any reason other than for your use of the Flocknote service.
  • Take any action to fraudulently avoid billing.
 

Flocknote’s Terms of Use for Payment Processing

Stax and Flocknote

Flocknote offers payments through Stax, a third-party payment processor. Since payments are processed using the Stax platform, you must follow their terms of service if using payments in Flocknote. The Stax Terms & Conditions are available here: https://staxpayments.com/terms-conditions/. The Stax Privacy Policy is available here: https://staxpayments.com/privacy/. By using payments in Flocknote, you agree that you have reviewed the Stax Terms & Conditions and Privacy Policy and agree to them. You also understand and agree that Flocknote, Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility such damages could occur), resulting from conduct or statements of Stax. If you have questions regarding the Stax Terms & Conditions and Privacy Policy, please contact help@flocknote.com.

Included in the Flocknote Starter package.