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Terms of Service

Terms of Use

1. Document Last Updated: Sep 25, 2014

The website, applications and all content located at the FlowVella.com domain name (the "Website") is owned and operated by FlowVella, LLC ("FlowVella"), and is subject to these Terms of Use.

By accessing or using the Website or any content on the Website and/or submitting content, information or other materials or services to the Website, you accept and agree to be bound by the Terms of Use and the Privacy Policy, available at http://www.flowvella.com/static/privacy/. The Privacy Policy is incorporated into these Terms of Use by reference.

FlowVella will not knowingly collect personally identifiable information from any child under age 13 unless they have explicit permission from their parent or guardian or teacher to use FlowVella.

If you do not agree to the Terms of Use, you may not access or use the Website or submit content or other materials. FlowVella may modify these Terms of Use from time to time and without notice, effective immediately upon posting on the Website. Your continued access or use of the Website constitutes acceptance of such modifications.

2. Access and Use of the Website

Subject to your strict compliance with these Terms of Use, FlowVella hereby grants you limited permission to access and use the Website and to download and print a single copy of the content of the Website solely for your personal, non-commercial use and provided that you retain all copyright and other proprietary notices contained therein. Any other use, copying, distribution, publication, transmission, broadcast, display, modification or other use or exploitation of the Website or any content, whether in electronic, paper or any other media, is strictly prohibited without FlowVella's prior written consent. FlowVella reserves all rights not expressly granted in and to the Website and the content of the Website.

User Submissions, as defined below, and other third party content may be available on or through the Website and related applications. You acknowledge that such third party content is not endorsed by FlowVella, and does not reflect the opinion, recommendation or advice of FlowVella in any manner. If you believe that any content on the Website violates these Terms of Use or any law or right of a third party, please follow our Copyright Infringement procedure below.

You understand that by accessing and using the Website you may be exposed to User Submissions and other content from a variety of sources that are inaccurate, offensive, indecent or objectionable, and hereby waive any legal or equitable rights or remedies you have or may have against FlowVella with respect thereto.

You agree not to access or use the Website, directly or through any automated system, in any manner so as to (a) adversely affect the Website's resources or the availability of the Website to others; (b) violate any local, state, national or international law, including without limitation laws regarding the export of data from the United States or the country in which you reside; (c) delete or revise any content on the Website; (d) harass any person or collect or store personal information about other visitors; (e) circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any content or enforce these Terms of Use; and/or (f) send more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, FlowVella grants the operators of public search engines limited permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FlowVella reserves the right to revoke this limited permission either generally or in specific cases, in FlowVella's sole discretion.

3. Pricing Terms and Conditions

Premium Accounts

FlowVella offers Premium accounts with various features. You have the option of increasing your upload quota beyond 200 MB monthly as well as increase the size of each file for a fee. By doing so, your account will be converted to a Premium Account and will not be subject to some of the restrictions placed on Free Accounts as described below. FlowVella or authorized resale partner, as applicable, accepts credit cards and will automatically charge your credit card monthly or yearly, depending upon which Premium Account you select. If any fee is not paid in a timely manner, or FlowVella is unable to process your transaction using the credit card information provided, FlowVella reserves the right to revoke access to your FlowVella account and files. If you do not bring your FlowVella balance current within five (5) days after FlowVella provides you with notification that your account is in arrears, FlowVella reserves the right to use our discretion to delete some or all of Your Files so as to reduce your upload quota to below 200 MB, and to convert your FlowVella Premium Account to a Free Account (which is subject to the restrictions described below).

Billing

The fees for your Premium Account will be billed from the date you elect, or convert to, a Premium Account and on each monthly or yearly renewal thereafter unless and until you cancel your account. Your monthly quota will reset, however, on the first of the month. FlowVella or authorized resale partner, as applicable, will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your Premium Account. In the event your Premium Account began on a day not contained in a given month or year, FlowVella will bill your credit card on the last day of such month or year. For example, if your Premium Account began on January 31st, February 28th is the next time your credit card would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. FlowVella may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.

FlowVella may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your "Account" page. If your credit card reaches its expiration date, your continued use of the FlowVella constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.

Cancelling Your Account

Your FlowVella Premium Account will continue in effect unless and until you cancel your Premium Account or we terminate it. You must cancel your Premium Account before it renews each month or year in order to avoid billing of the next month's or year's fees to your credit card. FlowVella will bill the monthly or yearly fees associated with your Premium Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).

FlowVella Premium Accounts are prepaid and are non-refundable. FLOWVELLA DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your FlowVella Premium Account at anytime, and cancellation will be effective immediately.

By signing up for a FlowVella Premium Account and providing FlowVella with your payment account information, you hereby agree to these payment terms and conditions.

Free Accounts

FlowVella allows you an upload quota of 200 MB free of charge. FlowVella reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Account is inactive for ninety (90) days, then FlowVella may delete any or all of Your Files without providing additional notice. For further information regarding your FlowVella Premium or Free Account, please see the FlowVella Terms of Use

4. Registration

In order to access or use some features of the Website, you will have to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for all activity that occurs under your account and/or password, including without limitation any content or other materials provided from or through your account. You must maintain the confidentiality and security of your account password and login information, and notify FlowVella immediately of any breach of security or unauthorized use of your account. FlowVella may in its discretion, by giving you written notice, terminate your right to use a user name you have selected and give you an alternative user name for use on the Website.

5. Intellectual Property Rights

The Website and all content on the Website (except content provided by you), including without limitation all text, software, scripts, graphics, photos, sounds, music, videos, interactive features, downloads, tools and all other material or information used on or in connection with the Website (the "Content") and the selection, arrangement and presentation of the Content and overall design of the Website is the property of FlowVella and subject to protection under United States and international laws and conventions. Any unauthorized copying, reproduction, republication, posting, distribution, transmission, or modification of Content or any other property of FlowVella, whether in electronic or hard copy form, is strictly prohibited without the express prior written permission of FlowVella. FlowVella reserves all rights not expressly granted to you herein.

FlowVella and other names or designations of FlowVella or its products or services, the "look and feel" of the Website and the color combinations, layout and other graphical elements of the Website are the trademarks of FlowVella ("FlowVella Marks"). You may not use any FlowVella Mark in any manner without the express, written permission of FlowVella, including without limitation in any meta-tags or other hidden text. Other product and company names, trademarks and logs on the Website may be subject to trademark or other rights of other parties.

You may not frame any Website content without FlowVella's prior written consent. You may link to the Website or to your own or other's User Submissions for non-commercial purposes only, or as otherwise authorized by FlowVella in writing. You may use the FlowVella "embeddable player" feature to incorporate certain User Submissions on your own personal, non-commercial website(s), provided that you include a prominent link back to the Website on each page incorporating content through the embeddable player. FlowVella reserves the right to demand that you remove any link at FlowVella's sole discretion.

6. Communication with FlowVella

All information FlowVella obtains from you through the Website, including without limitation for the purpose of registering an account or submitting User Submissions, is subject to the Website Privacy Policy. FlowVella fosters strong communication with its community and is open to suggestions made by users of the service. By submitting unsolicited suggestions, you agree that FlowVella may (but shall have no obligation to) use, modify, distribute, copy and otherwise exploit such suggestions in any manner, as FlowVella sees fit, without restriction or limitation of any kind, and you grant to FlowVella a perpetual, irrevocable, royalty-free license to do so and to allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that our use or alleged use of a suggestion infringes any of your rights.

FlowVella has the right, but not the obligation, to review, remove or edit all User Submissions and other third party content, in FlowVella's sole discretion. FlowVella has no responsibility and assumes no liability for User Submissions or other content posted by you or any other party.

7. User Submissions

First, and foremost, YOU RETAIN ALL OWNERSHIP RIGHTS IN YOUR USER SUBMISSIONS. Please read on for more detail on our policy.

The Website may now or in the future permit the submission of videos or other content or materials by users of the Website and/or include chat features, instant messaging, message board or similar features allowing submission of content (collectively, "User Submissions") for hosting, sharing or publication on or through the Website, and may allow access or use of User Submissions of other users. You grant FlowVella a worldwide, nonexclusive, royalty-free, perpetual and fully sublicensable and transferable right, but not the obligation, to (a) use, distribute, display, reproduce, modify, perform, preserve and create derivatives of any User Submissions you submit, in any media now known or hereafter developed and in connection or compilation with any other content, in connection with the Website and FlowVella's (and its successor's, assignees and licensees) business, in any media and through all channels, now known or hereafter discovered; and (b) use the name and any other personal information under which you submit such User Submissions in connection therewith, in FlowVella's sole discretion. You also grant each user of the Website a non-exclusive license to access your User Submissions through the Website and to reproduce, distribute, prepare derivative works, display and otherwise use such User Submissions as permitted under these Terms of Service. You may terminate or restrict our rights to use your User Submissions by changing the rights granted on the permissions page of your account. You understand that changing your permissions shall not require FlowVella or any user to remove your submission from any work created prior to the effective date of your change or otherwise modify any prior use of your submission and that FlowVella shall not be responsible for any user's failure to abide by the changes to your permissions. The foregoing license granted by you terminates once you remove or delete a User Submission from the FlowVella Website, however, FlowVella does retain deleted works for up to 30 days for review.

You acknowledge that whether or not such User Submissions are published, FlowVella does not guarantee any confidentiality or security of any User Submissions, or any other information or materials you provide or submit by email or other electronic communication. FlowVella may remove any User Submission from the Website at any time, in FlowVella's sole discretion and for any or no reason. You waive all claims against FlowVella for any violation of copyright, rights of privacy, publicity, and defamation or other personal torts arising from FlowVella's use of the information you provide.

YOU ARE SOLELY RESPONSIBLE FOR USER SUBMISSIONS AND OTHER INFORMATION AND MATERIALS YOU PROVIDE TO FLOWVELLA. YOU REPRESENT AND WARRANT TO FLOWVELLA THAT (A) YOU OWN, OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS TO USE AND AUTHORIZE FLOWVELLA TO USE ANY USER SUBMISSIONS AND OTHER INFORMATION OR MATERIALS YOU PROVIDE IN THE MANNER CONTEMPLATED BY THE WEBSITE AND THESE TERMS OF SERVICE; AND (B) YOU HAVE THE WRITTEN CONSENT OF EACH IDENTIFIABLE INDIVIDUAL PERSON APPEARING OR INCLUDED IN YOUR USER SUBMISSIONS TO USE HIS OR HER NAME, LIKENESS AND OTHER PERSONAL INDICIA IN THE MANNER CONTEMPLATED BY THE WEBSITE AND THESE TERMS OF SERVICE.

You agree not to submit any User Submissions or other materials, content or information which is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, invasive of privacy or which encourages criminal conduct, infringes any intellectual property or other proprietary right of any person or entity or otherwise gives rise to civil liability, or which contains viruses, corrupt data, cancel bots, trojan horses or the like. You further agree not to submit or post advertisements or solicitation of business and/or use false email addresses or impersonate any person or otherwise mislead as to the origin of any User Submission or other materials, content or information you submit or provide.

8. Third Part Content

Certain information and content may be provided by third party licensors and suppliers to FlowVella ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. FLOWVELLA DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

9. Copyright Infringement

If you are a copyright owner or authorized agent of a copyright owner and believe any content available on or through the Website infringes your or your principal's copyright interest, please provide the following information, in writing and signed by you, to the FlowVella Copyright Agent at the address listed below:

FlowVella Copyright Agent

811 1st Ave #615

Seattle, WA 98104

206.297.0370

10. Other Violations

Please contact FlowVella at feedback@FlowVella.com in the event you want to report conduct you deem abusive. Although FlowVella has no obligation to police the conduct of visitors to the Website, we do try to remove content that is clearly inappropriate when it is brought to our attention, in our sole discretion.

11. Third Party Websites

The Website may contain links to third party websites that are not owned or controlled by FlowVella. FlowVella has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or the products or services offered by or through such sites, even those with which FlowVella may have an affiliation. No endorsement of any third party product, service or information is expressed or implied by any information, material or content referred to, included on or linked from or to the Website. You access any third party sites linked through the Website at your own risk. Accordingly, we encourage you to be aware when you leave the Website, and to read the terms and conditions and privacy policy of each other website that you visit.

12. Advertisers

FlowVella shall have no responsibility or liability of any kind in connection with or arising from any dealings between you and any advertiser on the Website, or any other website, including without limitation any purchase, payment, delivery of goods or services, or any other terms, agreements, warranties or representations associated with your dealings with such advertisers.

13. Security

Communication via the Internet may use potentially unsecure computers and links and data or content, including personal information, may be lost, or intercepted and/or used by unauthorized third parties during or after such transmission. FlowVella takes reasonable steps to protect your personal information in accordance with our Privacy Policy but is not responsible for the security of any personal information you post or e-mail to the Website. You agree that FlowVella shall have no liability whatsoever in connection with lost or intercepted data or information.

14. Disclaimer of Warranty

YOUR ACCESS AND USE OF THE WEBSITE AND CONTENT IS AT YOUR OWN RISK. FLOWVELLA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS. FLOWVELLA DOES NOT WARRANT THAT THE WEBSITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DOES FLOWVELLA MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH THE WEBSITE OR THROUGH ANY THIRD PARTY. THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.) FLOWVELLA MAY MODIFY, DELETE, OR SUPPLEMENT THE WEBSITE AND THE CONTENT, IN WHOLE OR IN PART, AT ANY TIME AND WITHOUT NOTICE, INCLUDING WITHOUT LIMITATION LINKED OR EMBEDDED CONTENT.

FLOWVELLA DOES NOT WARRANT THAT ANY CONTENT AVAILABLE FOR DOWNLOADING OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE.

15. Limitation of Liability

FLOWVELLA SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE OR ACCESS THE WEBSITE OR ANY CONTENT PROVIDED ON OR DOWNLOADED FROM THE WEBSITE; THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, INCLUDING OTHER VISITORS AND PERSONS SUBMITTING USER SUBMISSIONS AND OTHER CONTENT TO THE WEBSITE; ANY DELAY IN USE OR ACCESS TO THE WEBSITE OR CONTENT PROVIDED ON THE WEBSITE; ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON OR THROUGH THE WEBSITE; AND/OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE WEBSITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF FLOWVELLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FLOWVELLA'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.

NOTWITHSTANDING ANYTHING ELSE HEREIN, IN NO EVENT SHALL FLOWVELLA'S LIABILITY TO YOU EXCEED $50.00.

16. Indemnity

You acknowledge that you are personally and exclusively responsible for your use of the Website and agree to indemnify, defend and hold harmless FlowVella and its affiliates and subsidiaries, and all members, officers, directors, employees, attorneys, agents, successors, advisors, consultants, partners, visitors and third party information and service providers from and against any loss, damage, expense or liability of any kind (including attorneys' fees and costs) resulting from your (a) violation of these Terms of Use; (b) use of or access to the Website; (c) submission of User Submissions or other material or information or communication with FlowVella; and/or (d) any act or failure to act by you.

17. Termination

These Terms of Use remain in effect until terminated by either you or FlowVella. If you terminate these Terms of Use, you must immediately discontinue all access and use of the Website, and destroy all content and any other materials downloaded from or otherwise obtained from the Website, and any copies and installations thereof. FlowVella reserves the right to suspend or terminate your access to or use of the Website or any portion of the Website at any time, with or without notice, if you breach these Terms of Use or the terms of any agreement or obligation to FlowVella or for any other reason or no reason. FlowVella may, in its sole discretion, discontinue providing the Website, in whole or in part, and with or without notice to you. FlowVella shall have no liability to you or any third party for any termination of the Website or access to the Website. Your limited right to use the content on the Website under these Terms shall terminate immediately upon notice to you that FlowVella has terminated your access to or use of the Website, and you must promptly destroy all content and copies of content obtained through the Website in your possession or control, in whatever form. The disclaimer of warranty, indemnification and general provisions of these Terms of Use shall survive termination of these Terms of Use for any reason.

18. Help

To get help, email us at support@flowvella.com, or call our toll free number at 877-792-5074.

19. General

The Website is controlled and operated by FlowVella from its facilities in the state of Washington, United States of America. FlowVella makes no representations that the Website or any content or materials on the Website is appropriate or available for use in other locations. If you access or use the Website from outside the state of Washington, United States of America, you do so at their own volition and are responsible for compliance with applicable laws of your jurisdiction.

These Terms of Use, and any dispute that may arise between you and FlowVella shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to conflict of laws principles. The Terms of Use, as they may be amended from time to time, set forth the entire understanding of you and FlowVella as to the subject matter hereof. You irrevocably and unconditionally consent to the exclusive jurisdiction of and venue in the state and federal courts located in King County, Washington, U.S.A. for any all disputes arising out of or relating to the Terms of Use and/or the Website.

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and FlowVella's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. FlowVella may assign its rights and duties under these Terms of Use to any party, at any time, and without notice to you. You may not assign your rights or obligations under these Terms of Use without FlowVella's prior, written consent.

Nothing contained in these Terms of Use shall be deemed to constitute you and FlowVella as partners or joint venturers or constitute an employment or agency relationship between you and FlowVella.

These Terms of Use constitute a written agreement between you and FlowVella, and a printed version of these Terms of Use, and of any electronic notice pertaining to these Terms of Use, shall be admissible in an judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.

All rights not expressly granted herein are reserved to FlowVella.

Copyright © 2012-2014 FlowVella LLC.