THESE TERMS AND CONDITIONS OF USE ("Terms") ARE A BINDING CONTRACT BETWEEN FLOWGO.COM AND YOU ("You"). BEFORE USING THE FLOWGO.COM WEBSITE (the "Site"), PLEASE READ THESE TERMS RELATING TO YOUR USE OF THE SITE CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE. FLOWGO.COM PROVIDES THE INFORMATION AND SERVICES ON THE SITE TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THE TERMS.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications will be effective immediately upon posting of the modified Terms to the Site. Your continued use of the Site following the posting of changes to these Terms will mean that You accept those changes. To update the Terms, we will both post the changed version and its effective date on the Site.
flowgo.com reserves the right from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof). flowgo.com will not be liable to You or any third party for any such modification, suspension or discontinuance.
This Site is intended for use by persons who are at least 14 years old. If You are under 14 years old, please do not use this Site. flowgo.com does not knowingly solicit or accept personally identifiable information from users known to be under 14 years of age. By using the Site, You are representing and warranting that you are at least 14 years old. We reserve the right to refuse service to anyone for any reason at any time.
Flowgo.com allows users to post Content (as defined below) to the Site. By posting Content on the Site, You warrant and represent that You have all rights necessary to post such Content (and for flowgo.com to exercise the rights granted under Section 5 in such Content), all without the violation of any other person's intellectual property or other rights or of any laws or regulations. You acknowledge that the Site does not have any "digital rights management" or other security technology features to restrict someone who receives Content from copying and redistributing it. To post Content on the Site, You must first complete the Site registration process. You agree to provide true, accurate, and complete information during the registration process. You also agree that You will maintain and update such information to maintain its truth, accuracy, and completeness. flowgo.com reserves the right to terminate your use of the Site upon the discovery or belief that the information You provided is not complete or accurate. As part of the registration process, You will be asked to create a user name and password. You agree to safeguard your user name and password, and You authorize us to accept any use of the Site through your user name and password as being used by You or someone authorized to act for you. For example, as between flowgo.com and You, You are solely responsible and liable for all Content posted to the Site under your name and password.
You retain ownership of your copyrights and your other rights in your Content, subject to the non-exclusive rights that You grant as described in these Terms. These Terms do not prevent You from granting similar rights to others during and after the term of these Terms. In consideration of having your Content posted on the Site for any period of time, You grant flowgo.com a perpetual, worldwide, irrevocable, royalty-free, non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display, and create derivative works of the Content, in any form, media, or technology now known or later developed, to make, have made, import, and sell the Content, and to sublicense all of the foregoing rights (including the right to grant further such sublicenses).
You agree not to upload, post or otherwise transmit to the Site any information, data, text, diagrams, software, music, photographs, graphics, video, or any other materials whatsoever (collectively, "Content"): (a) that is untrue, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) that infringes a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party; (c) that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) that is false or misleading information about a product or service; (e) that is considered unsolicited or unauthorized advertising; (f) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or (g) that violates any applicable local, state, national or international law, regulation, or statute (including export laws). It is the policy of flowgo.com to terminate the accounts and deny access to flowgo.com of users who repeatedly infringe copyrights or other intellectual property, although we reserve the right to terminate the account or deny access to flowgo.com of a user upon a single violation of intellectual property rights.
You agree not to: (a) use the Site in any way that violates any applicable local, state, national or international law, regulation, or statute (including export laws); (b) access, tamper with, or use non-public areas of the Site; (c) tamper with postings of other users; (d) gather or use information, such as email addresses, available from the Site to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";(e) frame any part of the Site, or link to the Site, except as permitted in writing by flowgo.com; or (f) impersonate or misrepresent your affiliation with any person or entity.
If You breach these Terms and send unsolicited commercial email or advertising, junk email, bulk email, spam, or chain letters (collectively, "unsolicited email or other communication"), You acknowledge that You will have caused substantial harm to us, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, You agree to pay us $40 for each such unsolicited email or other communication.
In some instances flowgo.com may act as a distributor (and not a publisher) of unedited content supplied by third parties and users of this Site. flowgo.com has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including other users, are those of the respective author(s) or distributor(s) and not of flowgo.com. flowgo.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized flowgo.com employees acting in their official capacities or third parties over whom flowgo.com exercises editorial control. YOU UNDERSTAND AND ACKNOWLEDGE THAT flowgo.com DOES NOT MONITOR THE ACCURACY OR RELIABILITY OF CONTENT THAT IT HAS NOT EDITED.
Flowgo.com is under no obligation to restrict or monitor Site Content in any way. However, flowgo.com has the right (but not the obligation) in its sole discretion to reject or remove any Site Content that is available through the Site, including any content that violates these Terms or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights.
You should assume that everything You see or read on the Site that was not provided by You (such as trademarks, service marks, text, images, photographs, illustrations, and other materials) ("Site Content") is protected by trademark law, copyright law, and other proprietary rights protections, unless otherwise noted. flowgo.com grants You a limited, nonexclusive license, under the rights flowgo.com has in the Site Content, to use the Site Content for your own personal, noncommercial purposes, and to make a reasonable number of copies of the Site Content as needed for that use. flowgo.com reserves all other rights in the Site Content, on its own behalf and the behalf of its licensors (including other users), and flowgo.com does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to You under these Terms. You may not reproduce (except as stated in the previous sentence), distribute, modify, publicly perform or display, or prepare derivative works of any Site Content without prior written consent from flowgo.com or the third-party owner of the rights in that Site Content (if any). You agree not to reverse engineer any Site Content consisting of downloadable software, unless specifically authorized by flowgo.com or the third-party owner of the rights in that Site Content (if any) or otherwise permitted by law.
Note that we may access, preserve and disclose any of Your information or data (including personally identifiable information and private communications) if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to: (a) comply with legal process, including a subpoena, search warrant or court order; (b) enforce these Terms; (c) respond to written claims that any content violates the intellectual property or other rights of third parties; (d) respond to your requests for customer service; or (e) protect our rights, property or safety or the rights, property or personal safety of our users or the public. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
These Terms automatically terminate if You violate any part of them, and after termination You are no longer authorized to access or otherwise use the Site or Site Content. If You are a registered user, we may cancel your account at any time, including if we reasonably believe that You have violated or acted inconsistently with these Terms or violated our rights or those of another party. You agree that we may terminate your access to the Site or cancel your account without prior notice. If your account is canceled, You may no longer have access to material You keep on the Site. The provisions entitled "Errors and Disclaimer of Warranties," "Indemnity," "Limitation of Liability," and "General Provisions" will survive termination of these Terms.
Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You waive any claim against flowgo.com for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.
The Site contains links to other websites and resources. You acknowledge and agree that flowgo.com is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at Your own risk. The flowgo.com privacy statement is applicable only when You are on the Site. Once You choose to link to another website, You should read that website's privacy statement before disclosing any personal information.
You agree to indemnify, defend and hold harmless flowgo.com and its subsidiaries and affiliates and their respective officers, directors, employees, agents, and suppliers from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party arising out of your use of the Site or the Site Content or your violation of these Terms.
YOU USE THE SITE AND SITE CONTENT AT YOUR OWN RISK. THE SITE AND SITE CONTENT MAY NOT BE ACCURATE OR ERROR-FREE, WORK FOR YOUR PARTICULAR SITUATION, OR BE SUITABLE OR APPROPRIATE FOR YOU. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE SITE CONTENT. YOU MUST NOT RELY ON ANY USER SUGGESTIONS, INSTRUCTIONS, OR ADVICE THAT MAY BE INCLUDED WITHIN THE SITE’S CONTENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE OR THAT IT OR THE SERVERS THAT OPERATE IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. We urge You to keep backup copies of material, if any, that You maintain on or use with the Site. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs. Without limiting the foregoing, THE SITE AND SITE CONTENT ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." FLOWGO.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY CONCERNING THE SITE AND SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OF TITLE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. FLOWGO.COM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR SITE CONTENT. FLOWGO.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLOWGO.COM OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF OUR PARENT CORPORATION, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). NEITHER FLOWGO.COM NOR OUR PARENT CORPORATION, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL BE LIABLE FOR ANY LOST PROFITS, REVENUE, OR DATA, OR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. You acknowledge that without these limitations, we could not provide low cost and/or free access to the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.
You and flowgo.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Except for the parties for whom you have agreed to limit liability under Section 17 or whom you have agreed to indemnify under Section 15, neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
Please see our Copyright Policy.
Flowgo.com will give You any notices by posting them on the Site. You authorize flowgo.com to send notices via electronic mail as well if flowgo.com decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site. Any notices You send to us must be sent by registered or certified mail or recognized overnight carrier to the attention of Flowgo Legal Notices, 5808 Lake Washington Blvd., Suite 300, Kirkland, WA 98033.
All comments submitted to us and concerning flowgo.com or our business will belong to us. By providing comments, You agree to assign, and hereby do assign, to us, to the fullest extent permitted by law, all right, title and interest, including all intellectual property rights, in and to such comments. We are free to use all comments, and all ideas, concepts or techniques embodied in all comments, for any purpose whatsoever, including by developing, manufacturing and marketing products or services, whether related to flowgo.com or not, incorporating such ideas, concepts, or techniques.
We offer flowgo.com from our offices within the United States of America and the site is directed to U.S. users. If you choose to access use flowgo.com from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from flowgo.com in violation of U.S. export laws and regulations.
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of these Terms is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms are personal to You and You may not transfer, assign or delegate these Terms to anyone without the express written permission of flowgo.com. Any attempt by You to assign, transfer or delegate these Terms without the express written permission of flowgo.com will be null and void. These Terms will be governed by the laws of the state of California, U.S.A., without regard to its conflicts of law provisions. You and flowgo.com agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County, California. Any action concerning any dispute You may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. These Terms comprise the entire agreement between You and flowgo.com with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein. The failure of flowgo.com to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. We suggest that You print out a copy of these Terms for Your records. Flowgo.com is owned and operated by Demand Entertainment, Inc.