Terms of Service

FLIVOR™ TERMS OF SERVICE

Flivor™ is a web-based interactive multimedia communications service that allows members to transmit their own Content over the Internet. Flivor is owned and operated by Flivor Project ("FP") By using Flivor you agree to be bound by these Terms of Service (this "Agreement"), which may be revised from time to time without notice to you. You can review the most current version of this Agreement at: http://www.flivor.com/terms.html.

Description of Service

Flivor provides access to various publishing and communication tools which Members can use to publish or display (hereinafter "Post") messages, photographs, audio and video files (hereinafter "Content") to a webpage and participate in web-based discussions via Flivor’s instant message service and Flivor’s email service. Flivor also provides its own media content and programming which may be accessed through the website. For purposes of this Agreement, the term "Flivor" shall mean Flivor’s websites (including, but not limited to www.flivor.com), Flivor’s instant message service, Flivor’s email service and all other software, features, tools, websites and services provided by or through Flivor.com from FP.

Membership

By using Flivor, you represent and warrant that all registration information is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 14 years of age or older and that your use of Flivor does not violate any law or regulation in the United States or any other applicable jurisdiction. Your membership may be terminated without warning if it is found that you are misrepresenting your age or your identity. If you provide any registration information that is untrue or inaccurate, or if Flivor has reason to suspect that such information is untrue or inaccurate, Flivor may suspend or terminate your Membership without notice to you.

User Name and Password

You will need a valid user name and password to use certain features of Flivor. You must have a valid email address in order to register for a user name and password on the Flivor website. When registering your user name and password, you may not (1) select or use a user name of another person with the intention of impersonating that person, (2) use the user name of anyone else without authorization, (3) use a user name in violation of the intellectual property rights of any person or entity, or (4) use a user name that FP considers in its sole discretion as being inappropriate.

Your membership is solely for your personal use and is not transferable. You shall not authorize others to use your user name. You are solely responsible for the use and maintenance of your user name and password. You may change your password at any time (by going to the Flivor website home page and clicking on "Edit Profile"). You agree to notify FP of any unauthorized use of your account or any other breach of security, and to ensure that you exit from your account at the end of each session.

Entertainer Accounts

Flivor entertainer accounts ("Entertainer Accounts") are for the use of musicians, entertainers, and other performing artists (hereinafter "Entertainers") only. Entertainer Accounts set up for any other type of organization, promotion or purpose may be deleted at the sole discretion of FP. FP approves all Entertainer Accounts electronically. Once your Entertainer Account is approved, you may create an Entertainer-specific webpage on Flivor ("Entertainer Page").

Term/Termination

This Agreement shall remain in full force while you use Flivor and/or are a Member. You may terminate your membership at any time, for any reason by sending a request to cancel your account by email to support@flivor.com. FP may terminate your membership and cancel your user name for any reason with or without notifying you. In the event your membership is terminated or your user name is cancelled, FP may, without notification, delete the Content Posted by you, and you will need to re-register for a membership and obtain a new user name to gain access to any registration based service of Flivor. FP shall not be responsible for any losses, damages, claims and actions of any kind, either directly or indirectly related to or arising from the restriction, suspension, or termination of access to Flivor or cancellation of your user names.

Inactive Status

You must use your user name on a regular basis by logging into Flivor.com in order to keep your user name and membership active. FP may, without notification, cancel your membership and user name and delete the Content Posted by any Member who has not used such user name for a period of ninety (90) days. If your user name is cancelled, you will need to re-register for a membership and obtain a new user name to gain access to any registration based service of Flivor.

No Duty to Monitor Content

FP, in its sole discretion shall have the right (but not the duty) to monitor the Content Posted on Flivor including the content of any messaging that occurs on or through the Flivor instant message service whether the Content is Posted in a public area or a non-public area. FP reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others, but FP is not responsible for any failure or delay in removing such Content.

Parental Control Protections

FP is concerned about the safety and privacy of all Flivor users, especially children. However, it is important to keep in mind that Flivor is intended for broad general use and users may find that some Content available on Flivor is offensive, indecent or objectionable. FP can not be held responsible for any Content Posted by Flivor users which may be offensive, indecent or objectionable. While Flivor has established rules keeping children under the age of 14 from becoming a member, it is easy for children to lie about their age and thus gain access to Content which may be inappropriate and unintended for them. It is up to parents to properly supervise their children’s on-line activities. Certain parental control protections are commercially available which can assist parents in supervising their children’s on-line activities such as computer hardware, software, and filtering services which can be used to block a child’s access to websites such as Flivor.com. You can find tools that will assist you in supervising your children’s on-line activities by clicking here.

Restrictions on Posting Content

You are solely responsible for all Content Posted by you and all Content Posted under your user name, including but not limited to photographs, audio, and video recordings as well as interactions with other members. You may use Flivor for lawful purposes only. You may not Post or transmit, whether publicly or privately, any material:

that is false, misleading, deceptive, deceitful, or constitutes "bait and switch";
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content Posted;
that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful programs;
that harasses, threatens, or abuses another person;
that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable;
that violates any applicable law restricting the export or import of data, software, or any other content, or encourages conduct that would constitute a criminal offense;
that gives rise to civil liability,
that violates the Fair Housing Act or any state or local ordinance by Posting any notice or ad for sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, gender, familial status or handicap;
that violates federal, state, or local equal employment opportunity (EEOP) laws, including but not limited to, stating in any Posting for employment a preference or requirement based on race, color, religion, gender, national origin, age or disability;
with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. Citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; or
otherwise violates any applicable local, state, national or foreign law or regulation.

You also may not use Flivor to stalk or harass anyone, disrupt a third party's access and use of Flivor, or use Flivor in a way that may cause interruption of the Flivor.com website or any other service provided by FP. Further, you agree not to Post irrelevant Content or repeatedly Post the same or similar Content.

Reporting Certain Abuse to Law Enforcement

The Flivor service is intended for use by a general audience including children as young as 14 years of age. Sexually explicit content is strictly prohibited on this website. The traffic data and personal information of Flivor Members who Post sexually explicit material may be reported to law enforcement authorities for the unlawful transmission of sexually explicit material to minors.

FP fully complies with the Congressional mandate of 42 U.S.C. § 13032, which requires us to report to the National Center for Missing and Exploited Children, the facts and circumstances relating to sexually explicit content and other criminal offenses involving children under the age of 18 which appears on Flivor. This includes, but is not limited to, the Posting and displaying of sexually explicit material (including photos, videos, and live Webcasts) depicting children under the age of 18.

Other types of abuse and violations of our Terms of Service that may compromise the safety of our members which do not fall within the Congressional mandate of 42 U.S.C. § 13032 may be reported to local, national, or international law enforcement agencies in cooperation with the Virtual Global Taskforce.

Rights to Content Posted to Public Areas

If you use Flivor to Post Content or other information to public areas, other people will have access to this information and Content. You may only Post to public areas, Content that you created or which the owner of the Content has given you permission to Post. By Posting Content to public areas, you represent and warrant that you own the rights to this Content or are authorized to use and distribute this Content to public areas. You further represent and warrant that this content does not and will not infringe any other third party right nor violate any applicable law or regulation.

You or the owner of the Content retain ownership of all right, title and interest in Content that you Post to public areas. However, by submitting or Posting Content to public areas, you grant FP, its affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium. This includes, but is not limited to a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content. You will not be compensated for any Content which you Post to public areas.

Public areas of Flivor are those areas that are generally available to other Members and users of Flivor. Public areas do not include Flivor services intended for Private communications such as Flivor instant messenger service, or areas that are accessible via hypertext or other links to third party websites not part of the Flivor network or are.

Name and Likeness

By registering for and maintaining a Flivor Account, you grant to FP, its affiliates, subsidiaries, assigns, agents and licensees a non-exclusive license to use and to permit others to use throughout the universe your professional name, likenesses, other identifications, and biographical material Posted concerning you solely in connection with the advertising and promotion of Flivor and FP. You will not be compensated for use of your name or likeness used in accordance with the above.

Proprietary Rights in Content Created by FP

FP owns and retains all proprietary rights in Flivor. The compilation of all Content on Flivor is the exclusive property of FP (or its partners or Licensors). Except as otherwise provided in "Rights to Content Posted to Public Areas" above, all Content, including but not limited to text, software, music, sound, photographs, video, graphics, Java script code, and HTML code, presented to you on or through Flivor by FP or FP’s partners and advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by FP, its partner or the advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without the express written permission from FP, its partner or the advertiser.

Use of Flivor Application Programming Interface (the "Flivor API")

Use of the Flivor API is also governed by our Flivor API Terms of Use.

Prohibition of Spam, Bulk Email and Bulk Instant Messaging

You may not use Flivor to send unsolicited bulk communications. You may not authorize others to use your Membership or user name to send unsolicited bulk communications or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about Flivor Members and users, including user names, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your account, without notice, and further legal action.

Modifications

FP may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify Flivor, and (c) discontinue Flivor at any time. FP shall post any revision to this Agreement to the Flivor.com website, and the revision shall be effective immediately upon such posting. You agree to review these Terms of Use and other online guidelines posted on the Flivor.com website periodically to be aware of any revisions. You agree that, by continuing to use or access Flivor following the notice of any revision, you shall abide by any such revision. Flivor shall not be liable for any damages or losses related to the modification, cancellation or termination of Flivor and/or this Agreement.

Privacy Policy

Use of Flivor is also governed by our Privacy Policy.

DISCLAIMER OF WARRANTIES

FP HEREBY DISCLAIMS ALL WARRANTIES. FP IS MAKING FLIVOR AVAILABLE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FP, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, FLIVOR . ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH FLIVOR IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. FP DOES NOT WARRANT THAT FLIVOR WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF FLIVOR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN FLIVOR WILL BE CORRECTED.

LIMITED LIABILITY

FP’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL FP, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE FLIVOR OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FLIVOR, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH FLIVOR, YOUR USE OF FLIVOR, YOUR VIOLATION OF THESE THE TERMS OF SERVICE, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

Copyright Infringement

FP has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on Flivor FP has adopted a policy that provides for the immediate suspension and/or termination of any Flivor user who is found to have infringed on the rights of FP, or of a third party, or otherwise violated any intellectual property laws or regulations. FP’s policy is to investigate any allegations brought to its attention. If you have any evidence, know, or have a good-faith belief that your rights have been violated and you want FP to delete, edit, or disable the material in question, you must provide us with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material such as the URL or other specific location; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, or e-mail address; (e) 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; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to FP’s designated Agent for Notice of Claimed Infringement. FP’s agent designated to receive notice of claims of copyright or other intellectual property infringement can be contacted as follows:

by email to: copyright@flivor.com

Affiliated Sites

FP has no control over, and no liability for any third party websites or materials. FP works with a number of partners and affiliates whose Internet sites may be linked with Flivor. FP makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and FP assumes no responsibility for unintended, objectionable, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of Flivor, you may have access to content owned by third parties. You acknowledge and agree that FP makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that unless expressly provided otherwise, this Agreement shall govern your use of any and all third party content.

Member Disputes

You are solely responsible for any disputes between you and other Members. FP reserves the right, but has no obligation to monitor or resolve disputes between Members.

Choice of Law and Forum

Flivor is controlled and operated by FP from its offices in the State of California. FP makes no representation that Flivor is available or appropriate for use in other locations. Your use of or access to Flivor should not be construed as FP purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. The validity, construction, interpretation and legal effect of this Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. If there is any dispute about or involving Flivor and/or this Agreement, you agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles, California.

Other

Inaction or failure by FP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be held void, invalid or inoperative by a court of law or judicial authorities, no other provision of this Agreement shall be affected as a result thereof, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, invalid or inoperative provision had not been contained herein. Any cause of action arising out of or related to Flivor and this Agreement must commence within one (1) year after the cause of action arose; otherwise such cause of action is permanently barred. This Agreement contains the entire understanding between you and FP with respect to the subject matter hereof and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. The section headings in this Agreement are solely for convenience and have no legal or contractual significance,

This Agreement was last modified January 1, 2014