TERMS OF USE

 

Acceptance of the Terms of Use

These terms of use are entered into by and between You and DIS Labs, LLC (“DIS,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://www.flowfeed.app, including any content, functionality, and services offered on or through www.flowfeed.app (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to abide by these Terms of Use, Privacy Policy, or the Cookie Policy found at https://www.flowfeed.app/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use, the Privacy Policy, or the Cookie Policy, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Website after that. However, any changes to the dispute resolution provisions outlined in Governing Law and Jurisdiction will not apply to any disputes. The parties have actual notice on or before the date the change is live on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. We expect you to check this page frequently to be aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide specific registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this website is governed by our Privacy Policy found at https://www.flowfeed.app/privacy. You consent to all actions we take concerning your information consistent with our Privacy Policy.

When you choose or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or additional security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other security breach. You also agree to ensure that you exit from your account at the end of each session. Use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

We have the right to disable ANY user name, password, or another identifier, at any time. We can disable your account at our sole discretion, for any or no reason, including violation of any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by DIS, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, you may take such actions enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to use material on the Website, please address your request to info@flowfeed.app.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately. You must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and DIS reserves all rights not expressly granted. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The DIS name, the DIS logo, the terms, and all related names, logos, product and service names, designs, and slogans are trademarks of DIS or its affiliates or licensors. You must not use such marks without the prior written permission of DIS. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and per these Terms of Use. You agree not to use the Website:

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.
  • Use any robot, spider, or other automatic devices, process, or means to access the Website for any purpose, including monitoring or copying any of the material or data on the Website.
  • Use any manual process to monitor or copy any material on the Website or for any other unauthorized purpose without our prior written consent.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise, attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”). These interactive services allow users to post, submit, publish, display or transmit to other users or other persons (in the future, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

  • You own or control all rights to the User Contributions and have the right to grant the license granted above to our affiliates and service providers and us, and each of their respective licensees, successors, and assigns.
  • All of your User Contributions comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute. You, not DIS, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other website user.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason at our sole discretion
  • Take any action to any User Contribution that we deem necessary or appropriate at our sole discretion
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy
  • Take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of the Website
  • Terminate or suspend your access to all or part of the Website for any or no reason

Without limiting the preceding, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the preceding, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy found at https://www.flowfeed.app/privacy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy others.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Third-Party Online Content

This Website includes content provided by third parties, consisting of materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and reporting services (“Third Party Online Content“). All statements or opinions expressed in these materials, and all articles and responses to questions and other Third Party Online Content, other than the content provided by DIS, are solely the opinions and the responsibility of the person or entity providing those materials. Third-Party Online Content does not necessarily reflect the opinion of DIS. We are not responsible or liable to you or any third party for the accuracy or completeness of any Third Party Online Content.

Third-Party Online Services

This Website may facilitate your access to websites maintained by third parties offering goods, information, software, and services (“Third Party Online Services”). Your access to and use of any Third Party Online Services is governed by the terms, conditions, disclaimers, and notices found on each site or otherwise associated with such Third Party Online Services. DIS does not control, endorse, or accept responsibility for Third-Party Online Services. Any dealings between you and any third party in connection with a Third Party Online Services, including such party’s privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. The links include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Changes to the Website

We may update this website’s content from time to time, but it is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy found at https://www.flowfeed.app/privacy. By using the Website, you consent to all actions concerning your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so fairly and legally and not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content or links to certain content on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely concerning the content displayed with said content. Otherwise, under any additional terms and conditions, we provide concerning such features. Subject to the preceding, you must not:

  • Establish a link from any website that you do not own.
  • Cause the Website or portions of it to be displayed or displayed by, for example, framing, deep linking, or in-line linking on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise, take any action concerning the materials on this Website that is inconsistent with these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and links at any time without notice at our discretion.

Geographic Considerations

The owner of the Website is based in the state of Arkansas in the United States. We make no claims that the Website or its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we can not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES. NEITHER DIS NOR ANY PERSON ASSOCIATED WITH DIS MAKES ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. DIS NOR ANYONE ASSOCIATED WITH DIS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DIS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE PREVIOUS DOES NOT AFFECT ANY WARRANTIES, WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL DIS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE PRECEDING DOES NOT AFFECT ANY LIABILITY WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless DIS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising from there or related to that (in each case, including non-contractual disputes or claims) shall be governed by and construed per the internal laws of the State of Arkansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Arkansas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arkansas, in each case located in the City of Bentonville and Benton County. However, we retain the right to bring any suit, action, or proceeding against you if you breach these Terms of Use in your country of residence or any other relevant country. You waive any objections to the exercise of jurisdiction over you by such courts and venue in such courts.

Arbitration

At DIS’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arkansas law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by DIS of any term or condition outlined in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of DIS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Suppose any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason. In that case, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, together with any documents or policies they expressly incorporate by reference, constitute the sole and entire agreement between you and DIS concerning the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties both written and oral, to the Website.

Your Comments and Concerns

All comments and concerns regarding this Website, including but not limited to notices of copyright infringements, should be sent to info@flowfeed.app.

Last Modified: 14-November-2021