FLOWPRESS.COM TERMS OF SERVICE
Any materials, software, plugins, or other files downloaded from the Site (each, a “File”) by you shall be governed by the End User License Agreement agreed to at the time of download and/or included in the File. FlowPress reserves the right to amend the terms of the End User License Agreement at any time, and from time to time, in its sole and absolute discretion.
5. Ownership and Copyright
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the FlowPress logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of FlowPress or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.
6. Copyright and Trademarks
FlowPress, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of FlowPress and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FlowPress or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FlowPress and may not be copied, imitated or used, in whole or in part, without the prior written permission of FlowPress. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FlowPress.
Everything located on or in this Site is the exclusive property of FlowPress or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF FLOWPRESS ANALYTICS INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and /or criminal penalties.
7. Limited License
FlowPress grants you a limited, non-sublicenseable license to access and use the Site and to view and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational and personal use (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) you may not use the Site or the Site Content other than for its intended purpose; and (iv) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of FlowPress is strictly prohibited and will terminate the license granted herein.
Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify FlowPress against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms.
To request permission for uses of Site Content not included in the foregoing license, you may contact FlowPress at the address set out at the bottom of these Site Terms.
8. Hyperlinks and Third Party Content
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray FlowPress or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a FlowPress logo or other proprietary graphic of FlowPress to link to the Site without the express written permission of FlowPress. Further, you may not use, frame or utilize framing techniques to enclose any FlowPress trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without FlowPress express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of FlowPress or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of FlowPress or any third party without the prior written permission of FlowPress or such other party that may own such patent, trademark, copyright or other proprietary right(s).
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. FlowPress does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. FlowPress provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply FlowPress endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. FlowPress accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Under no circumstances will FlowPress be liable for any loss or damage caused by an end user’s reliance on information obtained through FlowPress. It is the Users responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site and Third Party Sites.
9. User Information, Registration Data, Email Alerts and Account Security
This Agreement sets forth the terms and conditions that govern the use of this Site by the User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions set forth in this Agreement. The right to use this Site is given on an individual basis to a specific End User and is not transferable. Each End User is responsible for protecting the confidentiality of End User’s password(s), if any.
In order to use certain aspects of the website (including, but not necessarily limited to, accessing your account to view analytics data collected at your venue or establishment, or such other venue where you have elected to have installed FlowPress’s on-site WiFi service in accordance with the terms of an agreement between you and FlowPress), you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to FlowPress, and to keep it accurate, current and complete; (d) consent, upon registration with the Site, to having your email address included on an email alert list for your city whereby you will be alerted by email of the offers presented for that city or cities. You can subscribe for additional email alert lists for additional cities by changing your preferences or unsubscribe from email alert list(s) at any time by clicking on the appropriate links in any email alert you receive; and (e) accept all risks of unauthorized access to the Registration Data and any other information you provide to FlowPress.
End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of FlowPress and that FlowPress shall not be responsible for any data lost while transmitting information on the Internet. While FlowPress endeavors to make the Site accessible 24 hours per day, 7 days per week, it is possible that the Site may be unavailable from time to time for any reason including but without limitation to routine maintenance. You understand, acknowledge and agree that due to circumstances, whether or not controllable by FlowPress, your access to the Site may be interrupted, suspended or terminated from time to time or generally.
FlowPress has the right to change or discontinue any aspect or feature of the Site and FlowPress’s business, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, FlowPress may discontinue any portion of the Site or any information disseminated or displayed or the method of such dissemination or display at any time.
10. Advertisements and Promotions
FlowPress may, in its sole and absolute discretion, run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than FlowPress, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. FlowPress is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
11. Warranty Disclaimer
Except as expressly provided to the contrary in a writing by FlowPress, the Site, the materials contained therein and the services provided on or in connection therewith (the “Services”) are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. FlowPress expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Services, information, that the Site will be uninterrupted or error free, Content and materials on the Site. FlowPress does not represent or warrant that materials in the Site or the Services are accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Site Content or any portion thereof.
FlowPress is not responsible for typographical errors or omissions relating to pricing, text or photography. While FlowPress attempts to make your access to and use of the Site and the Services safe, FlowPress cannot and does not represent or warrant that the Site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from your computer on a regular basis.
12. Limitation Of Liability
You waive and covenant not to assert any claims or allegations of any nature whatsoever against FlowPress, its affiliates, its loyalty program partners, or their respective directors, officers, employees or agents (collectively, the “FlowPress Parties”) arising out of or in any way relating to your use of the Site, the Services, the Content or the materials contained in or accessible through the Site.
In no event shall the aggregate liability of the FlowPress Parties, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to FlowPress for access to or use of the Site.
13. Privacy and User Communications
FlowPress is under no obligation to refrain from reproducing, publishing or otherwise using communications other than personal information, you send to or receive from FlowPress by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information.
14. Applicable Law and Venue
The Site (excluding Third-Party Sites) is controlled by FlowPress and operated by it from its offices in Toronto, Ontario. While FlowPress has made no effort to publish the Site elsewhere, the Site is accessible in all Provinces of Canada and in other countries. You and FlowPress both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and FlowPress explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these Site Terms; (b) the Services; (c) oral or written statements, advertisements or promotions relating to these Site Terms or to the Services; or (d) the relationships that result from these Site Terms or the Services (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against FlowPress related to any Claim and, where applicable, you also agree to opt out of any class proceedings against FlowPress. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify FlowPress for your failure to comply with any such laws.
15. Termination/Modification of License and Site Offerings
17. Questions and Comments