General Usage of the Flex.io Services
You agree that you will:
- not access, or attempt to access, restricted or registration-required portions of any of the Flex.io Services by any means other than the interface provided by Flex.io;
- use any Flex.io Services to threaten, harass, intimidate, stalk or otherwise abuse another user;
- not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of Flex.io), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Flex.io in its sole discretion);
- not interfere with or disrupt the use and enjoyment of the Flex.io Services by Flex.io or any third party;
- not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with Flex.io’s or any third party’s use and enjoyment of the Flex.io Services and any other software, hardware and data;
- not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Flex.io Services or to Flex.io, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Flex.io Services for any reason;
- not transmit, post, send, upload, distribute, submit or otherwise make available through the website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
- not resell, frame, duplicate, reproduce or otherwise commercially exploit the Flex.io Services without the prior written agreement of Flex.io;
- not remove, obscure or alter any proprietary rights notices on any Flex.io Services or any material obtained from or through any Flex.io Services;
- not download, export or re-export any software from any Flex.io Services: (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions in violation of U.S. export control laws; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or anyone on the U.S. Commerce Department’s Table of Denial Orders; and
- not violate any applicable local, state, federal or international law, rule or regulation.
You acknowledge and agree that Flex.io is not responsible for the conduct of users in the interactive areas of Flex.io Services. FLEX.IO SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, LIABILITY, CLAIMS, SUITS, COSTS, EXPENSES, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM ANY MATERIAL OR CONTENT POSTED IN THE INTERACTIVE AREAS OF THE FLEX.IO SERVICES. You acknowledge and agree that you may be exposed to content that you may find offensive, indecent or objectionable and, that in such respect, you use the Flex.io Services at your own risk.
Likewise, Flex.io does not and cannot review every message or other content posted by users in the interactive areas of Flex.io Services, and Flex.io is not responsible for the content of such messages or content or the views or opinions expressed by the author of any message. Flex.io reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Flex.io Services for any reason in Flex.io’s sole discretion. You understand that any content that you post and/or upload on the Flex.io Services will be considered a submission for purposes of these services. In addition, Flex.io may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Flex.io or to protect the safety of our users or the public.
You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Flex.io of any unauthorized use of your password or username or any other breach of security immediately as set forth in the “Contacting Flex.io” section below.
You acknowledge that Flex.io may establish general practices and limits concerning use of the Flex.io Services, including without limitation limits on the periods for which data or other uploaded content will be retained by Flex.io. You agree that Flex.io has no responsibility or liability for the deletion or failure to store any data or other content maintained by or transmitted to Flex.io. You acknowledge that Flex.io reserves the right to deactivate your account if it is inactive for longer than one (1) year.
Ownership of Flex.io Content
Ownership of User Content
You will defend, indemnify and hold harmless Flex.io from and against any loss, cost, liability or damage, including attorneys’ fees, for which Flex.io becomes liable arising from or relating to any claim relating to Your Data, including but not limited to any claim brought by a third party alleging that Your Data, or your use of the Flex.io Services is in breach of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law. This indemnification obligation is subject to your receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all reasonable necessary cooperation of Flex.io at your expense.
There may be storage limits associated with a the Flex.io Services. We may impose new, or may modify existing, storage limits for the Hosted Services at any time in our discretion, with or without notice to you.
User Repositories and Permissions
Your Data that you upload to the Flex.io Services are stored in “repositories.” You designate whether the repositories are public (meaning that anyone coming to the Flex.io website can view them) or private (meaning that access to those repositories will be limited to those who have permission to access the repositories). For each public repository that you maintain, you must indicate the license under which you are making the contents of the repository available to others, as well as the license under which you will accept contributions to your repository.
If you are accessing code in someone else’s repository, you should carefully read all the licenses applicable to that repository before using or contributing any content. YOU ACKNOWLEDGE THAT ALL CONTENT MADE AVAILABLE THROUGH THE FLEX.IO SERVICES IS THE RESPONSIBILITY OF THE ACCOUNT OWNER CONTROLLING THE PARTICULAR REPOSITORY. FLEX.IO IS NOT THE LICENSOR OF ANY THIRD PARTY CONTENT MADE AVAILABLE THROUGH THE FLEX.IO SERVICES AND TAKES NO RESPONSIBILITY FOR SUCH CONTENT.
Be careful about granting permissions to your repositories. Once you grant such permissions, Flex.io will not be able to prevent those users from taking the actions allowed under those permissions, even if you don’t approve of those actions. Be especially careful about granting administrative access to your repositories, as some of those actions may be irreversible. For example, if you grant someone permission that allows them to move content in your repository to another account, we will not be able to reach into that other user’s account without their permission to recover the data, as we are not in a position to arbitrate disputes among our users. In that case, your only recourse may be requesting a takedown under our policy regarding reporting copyright infringement or pursuing legal action against the other user directly.
You hereby acknowledge and agree that your relationship with Flex.io is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Flex.io or to post any such information on a Flex.io website does not place Flex.io in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit or post. You hereby waive any moral rights (or “droit moral”) you may have in and to any materials that you post on the Flex.io services or submit to Flex.io, even if such material is altered or changed in a manner not agreeable to you.
The content of the Flex.io Services is subject to change at any time without notice. By accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
The Flex.io Services may contain links to third party web sites, including sites that may offer software or services that work in conjunction with Flex.io Services. Flex.io is not responsible for, and you agree that Flex.io will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which the Flex.io Services may be linked or from which the Flex.io Services may be accessed. The appearance of any link on the Flex.io Services in no way constitutes an endorsement by Flex.io of any third-party products or services.
Disclaimers/Limitations on Liability
YOU UNDERSTAND AND AGREE THAT THE FLEX.IO SERVICES, INCLUDING THE FLEX.IO WEBSITE, AND ALL MATERIAL CONTAINED OR MADE AVAILABLE ON THEM (INCLUDING, WITHOUT LIMITATION, ALL USER CONTENT) ARE PROVIDED AND MADE AVAILABLE SOLELY “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE AT LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MANY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Flex.io makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Flex.io Services. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by Flex.io. Views and opinions of users (including the blogs of Flex.io employees) of Flex.io’s Services do not necessarily state or reflect those of Flex.io.
The Internet is inherently insecure. Flex.io expressly disclaims any and all liability, and you agree that Flex.io will not be liable to you in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Flex.io any information. Flex.io makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Flex.io services. The Flex.io Services may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason.
Digital Millennium Copyright Act
In accordance with the Digital Millennium Copyright Act, Flex.io has designated a Copyright Agent to receive notice of claims of copyright infringement on the website. Flex.io’s Copyright Agent may be reached at email@example.com or by mailing Gold Prairie LLC, Attn: Flex.io Copyright Agent, 175 N. Franklin Street, Suite 401, Chicago, Illinois 60606, U.S.A.
If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Flex.io’s Copyright Agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.