Updated 30th March 2021
Flowly, Inc. ("Flowly", "we", "our", or "us") is a way to search for and follow all your favorite stores in one place. Because Flowly is a marketplace that brings together an incredible range of different merchants and stores, any sales that occur (and any sales contracts) are directly between the sellers and buyers. This Terms of Service (the "Agreement") refers to all of Flowly sites, applications, tools and services collectively as our "Services." This Agreement and all policies and additional terms on and in our Services set out the terms on which Flowly offers you access to and use of our Services. All policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this Agreement. By using our Services, you agree to comply with all terms of this Agreement.
This Agreement contains terms that govern how we resolve claims you and we might have against each other (see "Disclaimer of Warranties; Limitation of Liability" and "Legal Disputes" provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). If you do not opt out of the Agreement to Arbitrate (1) you will be permitted to pursue claims against us or our agents only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will be permitted to seek relief (including monetary, injunctive, and declaratory relief) only on an individual basis.
We may make changes to this Agreement or our Services at any time, and we will post the amended terms with 30 days' notice at https://goflowly.com. You agree to review this page, https://goflowly.com/terms, each time you visit our Site to identify if the Agreement has changed since the last time you visited the Site (as you can determine from the "Last modified on" date listed above). By proceeding to use the Services after we update the Agreement you thereby agree to any amendments to the Agreement. We may also ask you to acknowledge your acceptance of this Agreement through an electronic click-through. No other amendments to this Agreement shall be valid except through mutual written agreement by you and a duly authorized Flowly representative.
This Agreement governs all transactions through Flowly Services. Terms and conditions of the other businesses with which you interact through the Flowly checkout system may also govern those interactions, binding you and the relevant businesses but not Flowly. Flowly will inform purchasers when an order is placed with a third-party business, however, each third-party business shall have discretion to accept an order and to allow or deny changes to an order. The terms and conditions of the third-party business may be listed on that third-party's seller page, or else obtained by contacting that business. In the event of any conflict between the third-party business' terms and this Agreement, this Agreement will control.
We may provide guidance as part of our Services, such as pricing, shipping, listing, and sourcing, but that guidance is solely informational and you may decide to follow it or not. Although we may help facilitate the resolution of disputes, Flowly has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
In connection with using or accessing the Services you agree that you will not:
You must provide current, complete, and accurate information for your processing of your payment. You must promptly update all information to keep your payment valid, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your form of payment is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your personal information.
We may, in our sole discretion, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
Flowly may from time to time offer credits to existing users who refer new users to the Service using the invitation codes that Flowly provides them. Flowly may also make credits available to new users using those invitation codes. Flowly may determine the credits, their conditions or requirements, and their amount or duration in its sole discretion and may modify or terminate the credits or the program at any time, even without notice to you. Furthermore, Flowly reserves the right to limit the number and/or amount of credits that may be earned with respect to any existing user with or without notice to you. To be eligible for a credit (whether granted to an existing user or new user), the new user must be an individual that has never registered for the Service and must be using a mobile device via the Flowly App (not the web) for sign-up and the mobile device being used must not be associated with an existing Flowly account. You agree that any credit (1) cannot be traded for cash or any other service; (2) may not be sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless Flowly expressly permits it; (3) cannot be acquired via public distribution where you are a contributor but not the primary content owner (e.g. coupon websites); (4) may expire prior to your use; (5) may be voided or deducted by Flowly at any time for any reason without liability to Flowly, if Flowly believes in its sole discretion that such credits resulted from fraud or other misuse of the Referral Program or the Service. If your account has been suspended or terminated, your credits from the Friend Referral Program will be voided.
Flowly does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Flowly or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
When a buyer or seller dispute or problem arises, we may consider the user's history and the specific circumstances when applying our policies, and we may apply policies flexibly in our judgment.
Flowly may terminate unconfirmed accounts or accounts that have been inactive for a long time.
We reserve the right to refuse, modify, or terminate all or part of our Services to anyone, for any reason, at our sole discretion.
By listing an item for sale on Flowly Services, you agree to comply with Flowly Merchant Terms of Service:
You agree that, by getting Flowly Services for free, you grant Flowly the right to work with you to promote your business and/or products on Flowly platform. This right covers all promotional activities of any kind involving the Services.
When you provide information or content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that information or content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that information or content against Flowly, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that information or content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such information or content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such information or content is accurate. You represent and warrant that use of any such information or content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Flowly takes no responsibility and assumes no liability for any information or content provided by you or any third party.
We may offer product data (including images, descriptions and specifications) that are provided by third parties (including Flowly users). You may use that data solely in your Flowly listings. Flowly may modify or revoke that permission at any time in our sole discretion. The product data may include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data, other than by including the data in your listings.
We try to offer reliable product data, but cannot promise that the information and content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Flowly is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that information and content directly associated with your listings is accurate.
The name "Flowly" and other Flowly marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Flowly in the U.S. and other countries. They may not be used without the express written prior permission of Flowly.
We respond to notices of claimed copyright infringement pursuant to the United States Digital Millennium Copyright Act. If you believe that your intellectual property rights have been infringed, please notify us.
Flowly has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act: Flowly will terminate, in appropriate circumstances, subscribers or account holders who are repeat copyright infringers. The address of Flowly Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is at the end of this Section.
If you believe that material or content residing on or accessible through the Services infringes one of your copyrighted works, please send a notification of claimed infringement to Flowly Designated Agent to Receive Notifications of Claimed Infringement by email at: email@example.com.
Flowly may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Flowly or its agents for quality control and training purposes, or for its own protection.
You agree that if Flowly provides you with information about another user, you will use the information only for the purposes that it is provided to you. You may not distribute, disclose, sell, or rent a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use any user information for marketing purposes unless you obtain the consent of the specific user to do so.
We endeavor to keep our Services convenient, secure, and functional, but we cannot guarantee continuous operation of, or access to, our Services. Notification functionality in Flowly Services may not occur in real time and is subject to delays beyond Flowly control.
You agree that you use our Services at your own risk, and that you use our Services on an "AS IS" and "AS AVAILABLE" basis. ACCORDINGLY, TO THE EXTENT APPLICABLE LAW PERMITS, WE EXCLUDE ALL IMPLIED OR EXPRESS WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
In addition, to the extent applicable law permits, you agree that we (including any subsidiaries and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so if you reside in such a jurisdiction, such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Flowly Guarantee up to the price the item sold for on Flowly (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
In the event of a dispute between you and one or more other users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Except as otherwise provided in this Agreement, if any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this Agreement, and in such event, we will post notice on https://goflowly.com.
Headings do not limit the scope or extent of a Section, and are for reference purposes only.
Our failure to act with respect to a breach by you or others does not limit or waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may change the policies and terms posted on our Services at any time. Changes take effect when we post them on the Flowly Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of that entity and bind the entity to this Agreement. The business entity owns and controls that account. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship with Flowly may be inferred or created by this Agreement.
This Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and Flowly, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
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