Flowd - Terms and Conditions
Flowd is a mobile location based social service where you can connect and communicate with your friends, create places, visit existing places and see where your friends have been lately.
Flowd allows its users to upload user generated content including, but not limited to profile images and comments.
Flowd (further referred as “The Service” or “Flowd” or “we”) is offered by Digia Plc Digia.com and it includes the Web site (www.flowd.com) and the mobile client(s) for devices such as Apple iPhone.
Using Flowd requires that the user (further referred as “User” or “You”) accepts the Terms and Conditions described in this document. You can save these terms from www.flowd.com, please save and read this document carefully. If you do not agree with the Terms described here, you must discontinue using The Service and uninstall any mobile client software related to The Service.
Flowd is provided to the Users strictly on “as is” basis. We do not issue any guarantees on Flowd, its operability, quality, suitability or usability, and expressly disclaim any liability for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use Flowd by the Users.
We do not guarantee that Flowd works without errors or problems. However, we listen to the User feedback and are committed to use our best efforts to fix any errors or problems the Users may experience when using Flowd.
We further disclaim any liability for the third party communication network connections and Users’ Operating Environment needed to use Flowd, which shall in all respects remain on Users’ sole and exclusive liability.
Users shall treat their respective Flowd user accounts and passwords with all due care and not disclose the same to any unauthorized persons. Users shall remain liable for any usage of Flowd with their respective user accounts and passwords.
All intellectual property rights relating to Flowd shall be exclusively vested to Digia Plc or third party right holders. No such rights or license thereto is transferred or granted to Users in any part hereunder.
Flowd allows Users to post user generated content including, but not limited to profile pictures, comments, place related images. This content can be viewable by other Flowd Users. You here by agree to post only appropriate material to The Service. The following is a partial list of content that is prohibited in Flowd:
Prohibited Content includes, but is not limited to Content that:
- harasses or motivates to harassment of another person;
- contains nudity, violence or offensive material;
- is offensive promoting hatred, racism or physical harm of any kind against individuals or any groups;
- exploits people in violent or sexual manner;
- promotes piracy or unauthorized use of another person’s copyrighted work;
- promotes other illegal activities or crime or provides information about illegal activities;
- provides personal or contact information of other persons, including but not limited to: email addresses, telephone numbers, social security numbers and photographs;
- any content that is deemed inappropriate for the Flowd service by Digia Plc.
In our judgment we may decide to delete any Content that we should deem as offensive, illegal or in any other way in violation of these Terms and Conditions. Under no circumstances will Flowd assume neither any responsibility for the User Content nor any responsibility for monitoring the Service for inappropriate conduct or Content.
You are solely responsible for the Content you post to Flowd. We do not necessarily monitor or review the Content.
Flowd contains content from the Digia Plc, other Flowd Users, and other Flowd licensors and partners. Except for Content posted by you, you may not modify, copy, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on The Service.
By posting any Content, including but not limited to: images, comments, messages, text, or any other materials (collectively, "Content") using Flowd you grant to the Service Provider, a royalty-free, worldwide license to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on Flowd service. This license terminates when you remove such Content from Flowd. You guarantee that you own the Content posted by you to Flowd or otherwise have the right to grant the license set forth in this section. You also guarantee that posting your Content to Flowd does not violate any privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Furthermore, you agree to pay for all royalties and fees of any Content posted by you to Flowd.
Flowd Users may gain activity points by doing activities within the Service. These activities may include, for example: creating places, adding friends, visiting places and commenting other user activity. Accumulated activity points may be usable in future within our Service to purchase items, virtual goods, titles, statuses or other things.
It is forbidden to use any automated means to use Flowd or to gain these activity points. Automated means include, however are not limited to use of any programs or scripts, bots, robots, keyboards with macro recording functionality.
Flowd reserves all rights to decline or reduce User's activity points where there are reasons to suspect that the points have been artificially generated or generated by any other methods than normal usage of The Service. We also reserve all rights to reset these activity points in situations, where these points appear to be gained by, including but not limited to bugs or errors in The Service, abuse of bugs, automated usage.
We also reserve free rights to modify User’s activity points where deemed necessary due to changes in the service or changes in The Service or in business model.
Availability of The Service
Flowd reserves all rights to limit, reduce or remove certain functionality in certain geographical areas or countries.
Interruption of The Service
We may at our free and absolute discretion interrupt The Service and deny access to it temporarily due to service updates, events of Force Majeure (such as disturbances in public transportation, data communication networks or energy resources or their delivery; war, riots, terrorist attacks or acts or orders of any competent civil or military authority; strikes and blockades; fire, flood or natural disasters and other similar causes beyond our control) or other reasons that may result in temporary inability to provide The Service or require interruption to The Service. After the cause has been corrected or ceased to exist we do our best to restore access to The Service.
Termination of The Service
We reserve all rights to terminate access and close Users’ account to Flowd without further notice in the event there is any reason to believe that the User is:
- using The Service for purposes of copying the functionality of Flowd;
- overloading or misusing The Service so that other Users are not able to access it;
- abusing bugs or errors in Flowd;
- creating errors or problems in Flowd to cause trouble for other Users, The Service or Digia;
- using The Service with automated programs or scripts (e.g. bots) to, including but not limited to: gain bonus points, add friends, post comments, create or visit places or gain any other benefits;
- attempting to impersonate another person or Member;
- trying to hack in to another Members account;
- selling or otherwise transferring your account profile to another person;
- otherwise causing harm or damage to other Users, The Service or Digia; or Violating these Terms and Conditions.
In addition, we reserve a free and absolute right to cease providing and terminate The Service at any time. Any such termination will be communicated to Users at the Flowd web site.
Personal data that is collected and used for providing The Service, includes (but is not limited to):
- Name or nickname
- Current location of the User (using GPS)
Changes to The Service
Flowd is a service which is actively being developed further. New features can appear and old features can change or even disappear when deemed necessary by Digia at its sole and absolute discretion.
We reserve a free and absolute right to make changes to Flowd, its content and features at any time. All major changes in The Service will be communicated to Users at the Flowd web site (www.flowd.com) or using the mobile phone client.
Changes to the Terms and Conditions
Whereas Flowd is an evolving service, the changes in The Service may well require also changes to the Terms and Conditions of Flowd. We thus reserve a free and absolute right to make changes to these Terms at any time.