Terms and Conditions
Effective date: Feb 2, 2021
Welcome to 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"). If you have any questions, comments, or concerns
regarding these Terms or our products and services, please contact us
at [email protected]
Using Flowjin in any way means that you agree to all of these Terms,
and these Terms will remain in effect while you use Flowjin. These
Terms include everything in this document, as well as those in the
Content Guidelines, and
Copyright Dispute Policy. If you don't
agree to all of the following, you may not use or access Flowjin in
You represent and warrant that you are of legal age to form a binding
contract (or if not, that you've received your parent's or guardian's
permission to use Flowjin and that your parent or guardian agrees to
these Terms on your behalf). If you're agreeing to these Terms on
behalf of an organization or entity, you represent and warrant that
you are authorized to agree to these Terms on that organization or
entity's behalf and bind them to these Terms (in which case, the
references to "you" and "your" throughout this document refer to that
organization or entity).
Creating an Account on Flowjin
You may be required to sign up for an account and select a password.
You promise to provide us with accurate, complete, and up-to-date
registration information about yourself.
You agree that you will only use Flowjin for your own personal or
organizational use, and not on behalf of or for the benefit of any
third party. You may not transfer your account to anyone else without
our prior written permission.
You may not select as your Flowjin account a name that you don't have
the right to use, or another person's name with the intent to
impersonate that person. Flowjin reserves the right to refuse
registration of or cancel a Flowjin account name at its discretion.
Posting Content on Flowjin
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.
That includes Flows, subscriber lists, any other media you upload in
your Flows, and any information that you provide to obtain a Flowjin
account. It also includes any questions or answers posted on any
current or future Flow posts on Flowjin.
Anything posted, uploaded, stored, or otherwise provided through
Flowjin is referred to as a "Post" in these Terms. There are a few
rules that apply to all Posts:
Don't Infringe: Your Posts should not violate someone else's
(including Flowjin's) rights. Don't copy, reproduce, modify,
translate, publish, broadcast, transmit, distribute, perform,
upload, display, license, sell, commercialize or otherwise exploit
for any purpose any content not owned by you unless you have prior
consent from the owner of that content.
Limited License to Us: In order to display your Posts on Flowjin,
and to allow other users to enjoy them, you grant us certain rights
in your Posts:
Operating Flowjin: You hereby grant Flowjin a license to translate,
modify, reproduce, and otherwise act with respect to your Posts to
enable us to provide, improve, and notify you about new features
within Flowjin. You understand and agree that we may need to make
changes to your Posts to conform and adapt those Posts to the
technical requirements of networks, devices, services, or media, and
this license includes the rights to do so. For example, we may need
to modify your Flow to make sure it is viewable on an iPhone as well
as a computer.
Public Posts: If you share a Post with other users on Flowjin, then
you grant us the license above, as well as a license to display,
perform, and distribute your Post. Also, you grant all other users
of Flowjin a license to access the Post, and to use and exercise all
rights in it, as permitted by the functionality of Flowjin.
Term of License: You agree that the licenses you grant are
royalty-free, perpetual, irrevocable, and worldwide. This is a
license only – your ownership in Posts is not affected.
We reserve the right to remove any content from Flowjin at any time,
for any reason (including, but not limited to, if someone alleges you
contributed that content in violation of these Terms), in our sole
discretion, and without notice.
Intellectual Property and Reporting Infringement
We respect others' intellectual property rights, and we reserve the
right to delete or disable content alleged to be infringing, and to
terminate the accounts of repeat alleged infringers. You promise to
abide by copyright notices, trademark rules, information, and other
restrictions you may receive from us or that are posted on Flowjin.
To review our complete Copyright Dispute Policy and learn how to
report potentially infringing content, click
here. To learn more about the Digital
Millennium Copyright Act, which governs how we handle these reports,
You understand that we own Flowjin. These Terms don't grant you any
right, title or interest in Flowjin, or our trademarks, logos, and
other intellectual property.
Acceptable Use Policy
You are responsible for all your activity in connection with Flowjin!
Make sure that you use Flowjin in a manner that complies with the law.
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 agree that you will not contribute any Post or otherwise use
Flowjin in a manner that:
Is fraudulent or threatening, or in any way violates Flowjin's
Jeopardizes the security of your Flowjin account or anyone else's
(such as allowing someone else to log into Flowjin as you, or
sharing your account or password with someone);
Attempts, in any manner, to obtain the password, account, or other
security information of any other user;
Violates the security of any computer network, or cracks any
passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or "spam" on
Flowjin, or any processes that run or are activated while you are
not logged into Flowjin, or that otherwise interferes with the
proper working of Flowjin (including placing an unreasonable load on
"Crawls," "scrapes," or "spiders" any page, data, or portion of
Flowjin (through use of manual or automated means);
Copies or stores any significant portion of the content on Flowjin;
Decompiles, reverse engineers, or otherwise attempts to obtain the
source code or underlying ideas or information of or relating to
Other Users and Third-Parties
Posts: Posts posted to Flowjin are the sole responsibility of the
person or organization from whom such content originated. You access
all such content at your own risk. We aren't liable for any errors
or omissions in any Post and you hereby release us from any damages
or loss you might suffer in connection with a Post.
Other Users on Flowjin: Your interactions with organizations and
individuals found on or through Flowjin, including payment for
Flows, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such organizations and individuals. You agree that Flowjin
shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings. We can't guarantee
the identity of any users with access to Flowjin and are not
responsible for which users gain access to our products and
Third-Party Content: Flowjin may contain links or connections to
third party websites or services that are not owned or controlled by
us. Flowjin has no control over, and assumes no responsibility for,
the content, accuracy, privacy policies, or practices of or opinions
expressed in any third-party websites. You release and hold us
harmless from any and all liability arising from your use of any
third-party website or service.
In the event that you have a dispute with one or more other users of
Flowjin or with a third party, you release us, our officers,
employees, agents, and successors from claims, demands, and damages of
every kind or nature, known or unknown, suspected or unsuspected,
disclosed or undisclosed, arising out of or in any way related to such
disputes and/or Flowjin.
Paid Subscriptions on Flowjin
If you create Flows through Flowjin, you are a
Creator. If you subscribe to a Flow, you are a
Subscriber. Subscribers subscribe to Flows directly
through the Creator's subdomain on Flowjin.
A Creator may offer their Flows for free or for a subscription fee, to
be determined in the Creator's discretion. Subscribers may choose to
subscribe to Creator Flows on Flowjin and agree to incur any
applicable subscription fees.
Creators will set prices for their Flows, and may change the prices at
their sole discretion through their Flow settings, though no price
changes shall apply retroactively.
In the event that a Subscriber has a dispute with a Creator, you agree
that Flowjin is under no obligation to become involved other than to
direct any inquiries regarding a Creator's Flow to the appropriate
Creator pursuant to the
Creator Agreement. To learn more
about how Flowjin manages its relationships with Creators, you should
check out the Creator Agreement.
Terminating Your Account
Flowjin is free to terminate (or suspend access to) your use of
Flowjin, or your account, for any reason at our discretion. We will
try to provide advance notice to you prior to our terminating your
account so that you are able to retrieve any important Posts you may
have uploaded to your account, but we may not do so if we determine it
would be impractical, illegal, not in the interest of someone's safety
or security, or otherwise harmful to the rights or property of
Flowjin also allows you to delete your account at any time, to request
the deletion of your account you may contact us at
[email protected] When you delete your account, any Posts
associated with that account will also be deleted. However, any Post
that you have made public may remain available.
You understand and agree that it may not be possible to completely
delete your content from Flowjin's records or backups, and that your
Posts may remain viewable elsewhere to the extent that they were
copied or stored by other users. Please refer to our
treat information you provide to us after you have stopped using
You agree that some of the obligations in these Terms will be in force
even after you terminate your account. All of the following terms will
survive termination: any obligation you have to pay us or indemnify
us, any limitations on our liability, any terms regarding ownership of
intellectual property rights, terms regarding disputes between us, and
any other terms that, by their nature, should survive termination of
If you have deleted your account by mistake, contact us immediately at
[email protected] – we will try to help, but unfortunately, we can't
promise that we can recover or restore anything.
Privacy on Flowjin
Flowjin takes your privacy very seriously. For the current Flowjin
The Children's Online Privacy Protection Act ("COPPA") requires that
online service providers obtain parental consent before they knowingly
collect personally identifiable information online from children who
are under 13. We do not knowingly collect or solicit personally
identifiable information from children under 13; if you are a child
under 13, please do not attempt to register for Flowjin or send any
personal information about yourself to us. If we learn we have
collected personal information from a child under 13, we will delete
that information as quickly as possible. If you believe that a child
under 13 may have provided us personal information, please contact us
at [email protected].
Changes to Flowjin
We're always trying to improve Flowjin, so our products and services
may change over time. We may suspend or discontinue any part of
Flowjin, or we may introduce new features or impose limits on certain
features or restrict access to parts or all of Flowjin. We'll try to
give you notice when we make a material change to Flowjin that would
adversely affect you, but this isn't always possible or practical.
Changes to the Terms
We are constantly trying to improve our products and services, so
these Terms may need to change along with Flowjin. We reserve the
right to change the Terms 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 Terms, 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 Terms is effective
and notice has been provided, that means you agree to all of the
Except for changes by us as described here, no other amendment or
modification of these Terms will be effective unless in writing and
signed by both you and us.
Violations of the Terms
Failure to follow any of these Terms shall constitute a breach of
these Terms, which may result in immediate termination of your
account. Flowjin has the sole right to decide whether you are in
violation of any of the restrictions set forth in these Terms.
The above covers most of the questions that we typically receive about
Flowjin. We have grouped provisions that come up less frequently below:
No Warranties: Flowjin is provided to you on an "as-is" basis. This
means we provide it to you without any express or implied warranties
of any kind. That includes any implied warranties of merchantability,
warranties of fitness for a particular purpose, non-infringement, or
any warranty that the use of Flowjin will be uninterrupted or
error-free. Accordingly, we do not:
Make any representations or warranties about any content contained
in or accessed through Flowjin, and we will not be responsible for
the accuracy, copyright compliance, legality, or decency of material
contained on our products and services.
Make any representations or warranties regarding suggestions or
recommendations of products or services (including Creator Flows)
offered or purchased through Flowjin. Products and services
purchased or offered through Flowjin, including Flows, are provided
"as-is" and without any warranty of any kind from Flowjin.
Limitation of Liability: To the fullest extent allowed by applicable
law, under no circumstances and under no legal theory shall Flowjin,
its licensors, or its suppliers be liable to you or to any other
Any indirect, special, incidental, or consequential damages of any
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
Indemnification: To the fullest extent allowed by applicable law,
you agree to indemnify and hold Flowjin, its affiliates, officers,
agents, employees, and partners harmless from and against any and
all claims, liabilities, damages (actual and consequential), losses
and expenses (including attorneys' fees) arising from or in any way
related to any third party claims relating to (a) your use of
Flowjin (including any actions taken by a third party using your
account), and (b) your violation of these Terms. In the event of
such a claim, suit, or action, we will attempt to provide notice to
the contact information we have for your account (provided that
failure to deliver such notice shall not eliminate or reduce your
indemnification obligations hereunder).
Assignment: You may not assign, delegate or transfer these Terms or
your rights or obligations hereunder, or your Flowjin account, in
any way (by operation of law or otherwise) without our prior written
consent. We may transfer, assign, or delegate these Terms and our
rights and obligations without consent.
Choice of Law: This Agreement will be governed by and construed
under the laws of the Province of Ontario, Canada. without regard to
the conflicts of laws provisions thereof.
Arbitration and Class Action Waiver: Any dispute arising from or
relating to the subject matter of these Terms shall be finally
settled by arbitration in Greater Toronto, Ontario, in accordance
with the Streamlined Arbitration Rules and Procedures of Judicial
Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by
one commercial arbitrator with substantial experience in resolving
intellectual property and commercial contract disputes, who shall be
selected from the appropriate list of JAMS arbitrators in accordance
with the Streamlined Arbitration Rules and Procedures of JAMS.
Judgment upon the award so rendered may be entered in a court having
jurisdiction, or application may be made to such court for judicial
acceptance of any award and an order of enforcement, as the case may
be. Notwithstanding the foregoing, you and Flowjin shall have the
right to institute an action in a court of proper jurisdiction for
injunctive or other equitable relief pending a final decision by the
arbitrator. For all purposes of these Terms, you consent to
exclusive jurisdiction and venue in the state or federal courts
located in, respectively, Greater Toronto, Ontario. The prevailing
party in any action or proceeding arising out of these Terms will be
entitled to an award of costs and attorneys' fees. To the fullest
extent permitted by law, you and Flowjin Inc agree that all claims
against the other can only be brought in an individual capacity, and
not as a plaintiff or class member in any purported class,
consolidated, or other representative proceeding. We agree that
arbitrators may not conduct any class, consolidated, or
representative proceeding, and are limited to providing relief
warranted by an individual party's claim.
No Third-Party Beneficiaries: We agree there are no third-party
beneficiaries intended under these Terms.
No Joint Venture: You hereby acknowledge and agree that you are not
an employee, agent, partner, or joint venture of Flowjin Inc., and
you do not have any authority of any kind to bind us in any respect
Waiver: The failure of either you or us to exercise, in any way, any
right herein shall not be deemed a waiver of any further rights
Severability: If any provision of these Terms is found to be
unenforceable or invalid, that provision will be limited or
eliminated, to the minimum extent necessary, so that these Terms
shall otherwise remain in full force and effect and enforceable.
Entire Agreement: You agree that these Terms are the complete and
exclusive statement of the mutual understanding between you and us,
and that it supersedes and cancels all previous written and oral
agreements, communications and other understandings relating to the
subject matter of these Terms.