Effective date: Feb 2, 2021
Welcome to Flowjin!
Welcome to Flowjin! We're thrilled that you've chosen to create with us.
This Creator Agreement ("Agreement") is a binding contract between you and Flowjin ("we", "us", "our"). It contains the rules and restrictions that govern your use of Flowjin's products and services (referred to below simply as "Flowjin") to distribute your Flows and any content therein. If you use Flowjin for this purpose, you are a Creator and will need to create a user account. In this Agreement, we refer to people that subscribe to your Flows as Subscribers.
You must be of legal age to form a binding contract to use Flowjin. If you aren't, you need to get your parent's or guardian's permission to use Flowjin, and your parent or guardian will agree to this Agreement on your behalf.
If you're agreeing to this Agreement on behalf of an organization or entity, you must be authorized to agree to this Agreement on that organization or entity's behalf and bind them to this Agreement (in which case, the references to "you" and "your" throughout this document refer to that organization or entity).
If you don't agree to all of the following, you may not use or access Flowjin in any manner. If you have any questions, comments, or concerns regarding the Agreement or our products and services, please contact us at [email protected].
First and foremost, you own what you create. Any original content you post, upload, share, store, or otherwise provide to Flowjin remains yours and is protected by copyright and any other applicable intellectual property laws.
However, please note that you agree to grant us a limited license to your content in order to enable us to operate Flowjin.This license allows us to promote your content and help you succeed on Flowjin.
Pricing and Payments
You may offer your Flows for free, or for a subscription fee, to be determined at your discretion. You may set and change the prices for your Flow at your discretion through your Creator account, though no price changes will apply retroactively.
If you choose to charge a subscription fee for your Flow, you agree to the following:
- No Circumvention: You agree to process payments from Subscribers only in the manner determined by us. This includes using the third-party payment processing platform ("Payment Processor") we choose, and following any other rules we specify. You may not circumvent your payment obligations to us by soliciting payment from a Subscriber outside of Flowjin or by using any alternative method to collect subscription payments. This includes receiving payments for your Flow through links to Paypal or a separate Patreon page. You agree to notify us immediately if you receive any such offer or solicitation to circumvent your payment obligations by contacting [email protected].
- Taxes: You agree that you shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to your Flow.
- Revenue Share: You agree to pay us a percentage of the total amount charged by you to Subscribers (the "Revenue Share") after any amounts deducted by the Payment Processor. The Revenue Share percentage is set between you and Flowjin during your on-boarding process to be a creator on Flowjin.
- Revenue Share Payment: During the term of this Agreement, the Payment Processor will pay the Revenue Share owed to us on a rolling basis as you process subscription payments from Subscribers.You agree to these payments and further agree that all Revenue Share payments are non-refundable.
- Information Upon Request: You will provide us with all requested data or information about you and your Flows. This includes all payment and tax identification information, and you will ensure this information is accurate and up-to-date.
Relationships with Subscribers
You agree to the following rules around your relationships with Subscribers and other users of Flowjin:
- Sole Responsibility: You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Flows you distribute through Flowjin and for the consequences of your actions by doing so. This means that you acknowledge and agree that you are solely responsible for ensuring distribution of your Flows, our actions under this Agreement are solely to assist you in facilitating distribution.
- Stopping creation or Deleting a Flow: You may delete one or more of your Flows from Flowjin at your discretion.However, please note that if you delete or stop posting on a Flow before the end of a paid subscription term of a Subscriber, any and all obligations – including any refund obligations for the remaining portion of the subscription term – are solely your responsibility. We are under no obligation to issue any refunds to you or your Subscribers and we are entitled to keep any and all portions of any Revenue Share you have paid Flowjin.
- Disputes: If there is a dispute between you and a user about payments or any other issue, you agree we are under no obligation to become involved and that we will not be held liable for any such dispute. We are not liable for your relationship with users, and we won't provide you with any legal advice regarding such matters.
- Support: You shall provide to us a current email address to which we may direct inquiries from Subscribers and other Flowjin users regarding your Flows.
Acceptable UseYou are responsible for all your activity in connection with Flowjin!
Make sure that you use Flowjin in a manner that complies with the law and is permitted by this Agreement. If your use of Flowjin is prohibited by applicable laws, then you aren't authorized to use Flowjin. We can't and won't be responsible for you using Flowjin in a way that breaks the law.
You also represent and warrant that you will not Create Flows or otherwise use Flowjin in a manner that:
is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, objectionable, or in any way violates Flowjin's Content Guidelines;
- interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of Flowjin or any third party;
- infringes, violates, or misappropriates any law, statute, ordinance or regulation or rights of any third party;
- spreads a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
Flowjin takes privacy very seriously. If you store personal or sensitive information provided by or collected from Flowjin users, you must do so securely and only for as long as it is needed.
Terminating Your Account
Either party may terminate this Agreement at any time for any reason. Upon such termination of this Agreement, your right to use Flowjin will immediately cease.
We may terminate this Agreement or terminate, suspend, or restrict your access to or use of Flowjin at any time, for any reason. Reasons that may lead to us terminating or restricting access to Flowjin include a breach of any of the terms or conditions of this Agreement, your offensive or unacceptable behavior, objectionable material, or any other actions in violation of guidelines we specify. We will notify Creators as soon as reasonably practicable if Creators' access to Flowjin is suspended or substantially limited due to technical problems with the platform.
You agree that this means that Flows (or any content therein) may be removed from Flowjin at any time in our discretion. You also agree that we retain the right to immediately halt the distribution of Flows at our discretion.
Changes to this Agreement
We are constantly trying to improve our products and services, so this Agreement may need to change along with Flowjin. We reserve the right to change the Agreement at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.
If you don't agree with the new Agreement, you are free to reject them; unfortunately, that means you will no longer be able to use Flowjin. If you use Flowjin in any way after a change to the Agreement is effective and notice has been provided, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and us.
The above covers most of the questions that we typically receive about Flowjin. We have grouped provisions that come up less frequently below:
- Any indirect, special, incidental, or consequential damages of any kind, or
- Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with Flowjin in the twelve-month period preceding the applicable claim.