Flutterate Terms and Conditions of Use
Last updated on 08/1/2015
SUMMARY OF TERMS AND CONDITIONS OF USE:
You understand that Flutterate is publishing or summarizing the opinions of other users, and you cannot hold Flutterate responsible for the opinions that they post. You also agree that any ratings or information that you post using the Flutterate extension or on the Flutterate web site will be accurate and truthful.
Our legal guys have elaborated on this foundation:
Flutterate provides users and You (as defined below) the opportunity to post ratings and comments about people you have met, and to see ratings and comments posted by other users. This Agreement may be modified by Flutterate at their sole discretion at any time, and You will receive email notification any time this agreement is updated. We strongly recommend that as You read this Agreement You also access and read the linked information.
WE GRANT YOU PERMISSION TO USE THIS SITE CONDITIONED UPON, AND SUBJECT TO, THESE TERMS AND CONDITIONS. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT AND YOU USE THE SITE AT YOUR OWN RISK, INCLUDING THE RISK THAT YOUR CONTENT, OR THE CONTENT OF OTHER USERS, MIGHT BE DEEMED INACCURATE, OFFENSIVE, OR OTHERWISE OBJECTIONABLE.
“User” means any person who accesses or in any way uses the Flutterate site, including without limitation web-crawling, web-scraping, browsing, reviewing, or posting Content.
“You” and “your” refers to any User of the site.
“We,” “us,” and “our” refers to Flutterate.
“Content” means any data or communication, whether text, images, audio, video or any other form of data or communication on the Flutterate site. “Your Content” means any Content that You transmit, post, or otherwise communicate on the Flutterate Site. “Flutterate Content” means content that Flutterate creates and makes available on the Flutterate Site.
2. FLUTTERATE SERVICE
Flutterate collects, summarizes and posts information from Users about the accuracy of on-line profiles that are posted on dating web sites. The score or rating that summarizes the information entered by other Flutterate Users is referred to as a FlutteRating. This FlutteRating is calculated using an algorithm that is the sole property of Flutterate. This algorithm may be updated at any time at the sole discretion of Flutterate. No notice will be given when these changes are made, and the algorithm formula is confidential.
3. REGISTRATION INFORMATION
As a condition of Your use of the Flutterate site You agree to: (a) provide Flutterate with true, accurate, current and complete information as prompted by the Flutterate’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
4. MINIMUM AGE
You must be 18 years of age or older to use or register for the Flutterate Services.
5. USE VOID WHERE PROHIBITED
If laws in the area where you access the Flutterate web site prohibit or criminalize any aspect of the Flutterate service, then access to our site is prohibited. Having legal access to this site and this Service is a requirement to use this site.
6. AUTHORIZATION TO UPDATE CREDIT CARD ACCOUNT INFORMATION; ACCOUNT UPDATER
Flutterate is a free service. If you choose to make a donation, no refunds will be made.
8. ACCOUNT SECURITY
Flutterate will assign You a user ID and a password when You register. Your user ID and password may be used by only You. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.
9. SUBMISSIONS OF REVIEWS
In order for You to submit ratings and comments on Flutterate You acknowledge and agree that:(a) all of Your ratings and comments will be based upon Your first-hand experiences with the person featured on the page You are reviewing.
(b) all of Your ratings and comments will be accurate and truthful.
(c) You will not post a person’s name, address, phone number, place of business, or contact information on the Flutterate site.
(d) You will not post comments that is unlawful, including without limitation hate speech or pornography or Content that exploits minors or harms minor, or comments that could be perceived as vulgar, obscene, defamatory, or otherwise inappropriate
(e) You will not submit ratings and comments for individuals if you are in any way related (by blood, adoption, marriage, or domestic partnership) to the person.
(f) You will not submit ratings and comments solely for the purpose of manipulating a FlutteRating.
10. DISPUTE RESOLUTION PROCESS
If You wish to dispute a rating or comment about You, and You are an active, paid Flutterate user, You may request Flutterate’s assistance in investigating this Review. Flutterate may or may not choose to contact the user who posted the review being disputed. Flutterate may or may not provide the user who posted the Rating or Comment being disputed with an opportunity to revise the Rating or Comment that they posted. Flutterate will not change information posted by a user without compelling, indisputable proof that the rating or comment is false.
If a Rating or Comment is found to be untrue, misleading, or posted solely to affect a FlutteRating, it will be removed from the Flutterate site, Flutterate extension, and it will no longer impact FlutteRatings.
11. OWNERSHIP OF CONTENT AND CONTENT LICENSE
You own Your Content and Flutterate owns Flutterate Content. Although Flutterate does not claim ownership of any of Your Content, by providing Your Content for Flutterate You automatically grant, and You represent and warrant that You have the right to grant, to Flutterate an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sub-licenses (through multiple tiers) of the foregoing. In addition, by providing Flutterate with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in the Magazine by any other party.
12. PUBLICATION AND DISTRIBUTION OF CONTENT
You are responsible for Your Content and You assume all risks associated with Your Content. You agree that
Flutterate does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Flutterate web site or extension. You acknowledge that Flutterate simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content. You understand that all Content posted on, transmitted through or linked through Flutterate, are the sole responsibility of the person from whom such Content originated. You understand that Flutterate does not control, and is not responsible for Content made available through the Flutterate web site or extension, and that by using the Flutterate web site or extension You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment and bear all risks associated with the use of any Content found on the Flutterate web site or extension.
You further acknowledge that Flutterate has no obligation to screen, preview, monitor or approve any Content posted or submitted by any Flutterate users. However, Flutterate reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement.
13. YOUR CONDUCT
In connection with Your use of the Service, You represent and warrant that You:
(a) are above the age of eighteen (18);
(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will not submit any reviews that may be considered by Flutterate to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) will submit thorough and thoughtful reviews of the Service Providers You review (for example, submitting a review describing a service contractor as “He/She is great,” without additional commentary is not a thorough and thoughtful review);
(e) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Flutterate, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
(f) will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden our Website;
(g) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(h) will not repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(i) will not attempt to gain unauthorized access to Flutterate web site or extension, other user accounts, or other computer systems or networks connected to the Flutterate web site or extension
(j) will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(k) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content on the Flutterate web site or extension;
(l) will not access any Content for any commercial, educational or other purposes not related to Your personal dating decisions without the express written consent of Flutterate;
(m) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sub-licenses of the foregoing;
(n) agree not to create an account or use Flutterate services if Your account previously has been terminated by Flutterate or if You previously have been banned from using the services; and
(o) agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that You provide do not reflect the views of Flutterate, its officers, managers, owners, employees, agents, designees or other users. In addition, Flutterate retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Flutterate may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Flutterate may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
14. DISCLOSURE OF INFORMATION
As Flutterate continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
15. TERM AND TERMINATION
Flutterate may, for any reason in its sole discretion, immediately terminate this Agreement, Your account and Your access to the Service. If Flutterate merely terminates Your account for its convenience and You are not in breach of this Agreement, Flutterate will refund Your membership fees on a pro rata basis from the date of such termination to the end of the then current term. If Flutterate terminates Your account because You have violated the terms of this agreement, no refund of fees or donation will be provided.
Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
16. MODIFICATION OF TERMS AND CONDITIONS
Flutterate will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.flutterate.com). You will receive notice if modifications to the Agreement are made. Flutterate will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.
17. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
Flutterate reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You, and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that Flutterate will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Flutterate may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Flutterate has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that Flutterate has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Flutterate is not responsible for any delays, failures or other damage resulting from such problems.
18. USER FEEDBACK
Flutterate appreciates hearing from You, as well as our other users, and welcomes Your comments regarding creative ideas or other suggestions. You acknowledge and understand that Flutterate may receive numerous creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”) from Users, and you agree that such Submissions will be the property of Flutterate. You will not be entitled to any claim of ownership or compensation because of any use by Flutterate of such Submissions, or any similar or identical material which may have been independently created by Flutterate. In addition, none of the Submissions will be subject to any obligations of confidentiality, and Flutterate will not be liable for any future use or disclosure of such Submissions.
19. COPYRIGHT MATERIALS
Aside from user-submitted Content, all other materials and other information on the Flutterate web site or extension (the “Flutterate Content”), including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Flutterate and/or its licensors and are protected by all United States and international copyright laws.
20. WARRANTY DISCLAIMER
You understand and agree that the service is provided on an “as is,”“as available,” and “with all faults” basis, and you understand that Flutterate may not monitor, control, or vet User Content. Flutterate assumes no responsibility or liability for the timeliness, deletion of Content, or failure by the service. Flutterate expressly disclaims all warranties of any kind, whether expressed or implied, including warranties as to products or services offered by businesses or advertisers listed on the site, and including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, or any warranty that (a) the service will meet your requirements, (b) the service will be uninterrupted, timely, secure or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) any content or information you provide or Flutterate collects will not be disclosed or (e) any errors in any service will be corrected. You agree that use of the service and the website is at your own risk.
In the event you are dissatisfied with the site, your sole and exclusive remedy shall be to discontinue your use of the site.
21. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION VERY CAREFULLY BECAUSE IT LIMITS THE LIABILITY OF FLUTTERATE TO YOU. THESE LIMITATIONS ARE SUBJECT TO ANY APPLICABLE LAW AND, IF YOU ARE UNSURE ABOUT THESE, PLEASE CONSULT WITH AN ATTORNEY OF YOUR CHOICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLUTTERATE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, REPUTATIONAL HARM, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FLUTTERATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) ACTIONS TAKEN AS A RESULT OF INFORMATION, RATINGS, OR COMMENTS FOUND ON THE FLUTTERATE WEB SITE OR EXTENSION; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY FLUTTERATE OR THE FAILURE OF FLUTTERATE TO PROVIDE THE SERVICE UNDER THIS AGREEMENT; (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY PERSON OR ENTITY YOU INTERACT WITH, OR DO NOT INTERACT WITH, AS A RESULT OF INFORMATION FOUND ON THE FLUTTERATE WEB SITE OR EXTENSION, OR ACTS OR OMISSIONS OF SUCH OTHER PERSONS OR ENTITIES INCLUDING WITHOUT LIMITATION OTHER USERS OR BUSINESSES, PERSONS, OR ENTITIES THAT ADVERTISE OR ARE LISTED OR MENTIONED ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You understand and agree that Your unlimited access to the Content on the Flutterate web site or extension represents a substantial portion of the value You receive from Your Flutterate membership fee. Therefore, to the extent Flutterate is found liable for anything related to this agreement or the use of the service, Flutterate’s liability for damages will not exceed the equivalent of one (1) month of membership fees (if membership fees are paid on an other than monthly basis it will be the prorated value of membership fees over a one (1) month period).
22. WARRANTIES AND REPRESENTATIONS
You represent and warrant that You are the sole owner and exclusive proprietor of Your Content, or that you have the necessary permissions or licenses to use Your Content; that Your Content does not or will not in any way infringe upon or violate any copyright; and that Your Content does not and will not infringe upon or violate any rights of privacy or publicity, common law rights or any other rights of, or constitute libel or slander against, any person or entity.
You agree to indemnify, defend and hold harmless Flutterate, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You, including without limitation the Warranties and Representations contained at Paragraph 22; (b) the inaccurate or untruthful Content or other information provided by another Flutterate user about You or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Flutterate will have sole control of the defense of any such damage or claim.
24. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Flutterate to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which You accept as reasonable estimates of Flutterate’s damages for the specified breaches of this Agreement:
(a) If You post Content in violation of this Agreement, You agree to promptly pay Flutterate One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) issue You a warning before assessing damages.
(b) If You display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
(c) If You use computer programming routines that are intended to alter FlutteRatings or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each rating or record that is aggregated, disrupted, damaged or otherwise affected as a result of your actions.
(d) In addition to damages as set forth in the foregoing subsections (a) through (c), inclusive, You agree to pay the actual damages suffered by Flutterate, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
You agree that Flutterate may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Flutterate will be provided by either sending: (i) an email to CustomerSevice@Flutterate.com; or (ii) a letter, first class certified mail, to Flutterate, 401 W. Pres. George Bush Hwy, #125, Richardson, TX 75080, Attn: Member Services.
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us with a written notification of claimed infringement that includes substantially the following:
- 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 or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
iii. 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 us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Flutterate will investigate notices of copyright and trademark infringement and take appropriate actions under the Digital Millennium Copyright Act. Inquiries that do not follow this procedure may not receive a response.
26. ENTIRE AGREEMENT
This Agreement governs Your use of the Service and constitutes the entire agreement between You and Flutterate. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Flutterate regarding the subject matter contained in this Agreement.
27. GOVERNING LAW AND ARBITRATION
This Agreement and the relationship between You and Flutterate will be governed by the laws of the State of Texas, notwithstanding the choice of law provisions of the venue where the violation allegedly occurred, where You may be located or any other jurisdiction.
Any controversy of any nature arising out of your use of the Flutterate site shall be submitted to binding arbitration in Collin County, Texas, under the rules of the American Arbitration Association (“AAA”), in accordance with their rules then in effect. Such arbitration shall be conducted by one arbitrator mutually agreed to by You and Flutterate, or selected pursuant to the procedures of the AAA. The award shall be confirmed by any state or federal court of competent jurisdiction located in Collin County, Texas. This agreement to arbitrate shall survive the termination of this agreement. THE RIGHT TO ARBITRATE IS INTEGRAL TO, AND NOT SEVERABLE FROM THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THIS ARBITRATION AGREEMENT AND KNOWINGLY CONSENT TO ITS CONSEQUENCES, INCLUDING THE WAIVER OF THE RIGHT TO LITIGATE. The expenses of such arbitration, including attorney’s fees, shall be borne by the losing party.
28. PROVISIONS REMAINING IN EFFECT
In the event Your membership with Flutterate is terminated or lapses or You are no longer a user of Flutterate, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 9, 12, 17 and 18 through 26.
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Flutterate’s rights if Flutterate fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Flutterate agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Flutterate as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE FLUTTERATE WEB SITE OR EXTENSION. BY USING THE FLUTTERATE WEB SITE OR EXTENSION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.