Welcome to FlowingCard!
1. Your relationship with FlowingCard
1.1 Your terms of the legal agreement between you and FlowingCard apply to your use of the FlowingCard Products, Software, Services, and Web sites (collectively, the "Services" herein). This document explains how the agreement was made and stated some articles in the agreement.
1.2 Unless otherwise agreed in writing with FlowingCard, your agreement with FlowingCard will always include at a minimum the terms and conditions stated in this document. These Terms and Conditions are referred to as "General Terms and Conditions".
1.3 In addition to the General Conditions, your agreement with FlowingCard will also include the terms of any legal notices that apply to the Services. The terms of all these legal notices are referred to as "additional terms". When the additional terms apply to the service, you may read the terms in the service area or while using the service.
1.4 General Terms, together with additional terms, form a legally binding agreement between you and FlowingCard regarding your use of the Services. It is important that you take the time to read it carefully. The legal agreement is from now on collectively referred to as "the Terms."
1.5 If there is any conflict between the content of the additional terms and the content of the general terms, the additional terms shall govern the content of the service.
2. Accept the Terms
2.1 Use of the service must first agree to the terms. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SERVICE.
2.2 You may accept the Terms by:
(A) click on the Options provided to you by FlowingCard on the User Interface for any Service to accept or agree to the Terms; or
(B) The actual use of service. In such event, you understand and agree that FlowingCard will accept your terms as of the time you use the Service.
3. Terms of the language
3.1 When FlowingCard provides you translations of the Chinese text of these Terms, you agree that the translations are for your convenience only. The English version of these Terms applies to your relationship with FlowingCard.
3.2 If there is any conflict between the Chinese version and the translated version of the Terms, the Chinese version shall prevail.
4. FlowingCard provide services
4.1 FlowingCard is constantly innovating to provide its users with the best possible experience. You acknowledge and agree that the form and nature of the services provided by FlowingCard may change from time to time without prior notice.
4.2 As part of this continuing innovation, you acknowledge and agree that FlowingCard, at its sole discretion, will cease (either permanently or temporarily) to serve you or the entire user without prior notice to you. You can stop using the service at any time. No special notice to FlowingCard is required when you stop using the service.
4.3 You acknowledge and agree that if FlowingCard disables access to your account, you may be prevented from accessing the Services, your account information or any files or other content contained in your Account.
4.4 You acknowledge and agree that although FlowingCard may not currently set an upper limit on the amount of transmission or service you may send or receive through the service, FlowingCard may at its sole discretion set an upper limit at any time.
5. Your use of the service
5.1 To obtain certain services, you may be required to provide your information (such as identity or contact information) as part of the service's registration process or as part of your ongoing service. You agree that any registration information you give to FlowingCard is accurate, correct and up-to-date.
5.2 You agree to be permitted only by (a) these Terms and (b) any applicable law, regulation or accepted practice or standard in such jurisdiction, including any law regarding the export of data or software to or from the United States or other relevant countries Purpose of using the service.
5.3 You agree not to obtain (or attempt to acquire) any service in any way other than through the interface provided by FlowingCard unless you are specifically permitted under a separate agreement with FlowingCard.
5.4 You agree that you will not engage in any activity that would interfere with or damage the Services (or the servers and networks connected to the Services).
5.5 Unless you are specifically permitted in a separate agreement with FlowingCard, you agree that you will not reproduce, copy, copy, sell, trade or resell the Services for any purpose.
5.6 You agree to be solely responsible for your breach of your obligations under these Terms and the consequences of any such breach, including any loss or damage suffered by Flowing Card (Flowing Card is not liable to you or any third party).
6. Your password and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of your password associated with any account used to access the Service.
6.2 Accordingly, you agree to be responsible to FlowingCard for all activities that are solely on your account.
6.3 If you learn of any unauthorized use of your password or your account, you agree to notify FlowingCard immediately at email@example.com
7. Privacy and your personal information
8. Service content
8.1 You understand that all information (such as data files, written text, computer software, music, audiovisual files or other sounds, pictures, videos or other images) obtained as a part of or by you using the Services Personnel responsible. All such information is from now on referred to as "Content".
8.2 You should be aware that Content displayed to You as part of the Services shall not modify or lease, rent, loan, sell, distribute, or create derivative works (whether in whole or in part) unless Derby or Content owner is In separate agreements, you are specifically told to do this.
8.3 FlowingCard reserves the right (but not the obligation to do so) to filter, review, mark, filter, amend, reject or delete any or all of the content from any service.
8.4 You agree to be solely responsible for any content you create, transmit or display on your use of the Services and the consequences of your actions (including any loss or damage to Flowing Card) (Flowing Card is not liable to You or any third party ).
9. Proprietary rights
You acknowledge and agree that Flowing Card (or the licensor of Flowing Card) has all statutory rights, titles and benefits in respect of the Services, including any intellectual property rights in Services (whether or not such rights are registered, whether or not such rights are Where in the world exists). You further acknowledge that Services may include information designated by FlowingCard as confidential and you may not disclose such information without the prior written consent of FlowingCard.
9.2 Unless otherwise agreed in writing with FlowingCard, nothing in these Terms gives you the right to use any of FlowingCard's trade names, trademarks, service marks, logos, domain names, and other notable brand characteristics.
9.3 If you are given a clear right to use the above brand features in a separate written agreement with FlowingCard, you agree that you are obliged to comply with the agreement, any applicable provisions of these Terms and Conditions when using such brand characteristics.
9.4 Except as set forth in Section 11, FlowingCard acknowledges and agrees that it does not obtain under this Terms You (or Your Licensor) from any of the content submitted, posted, transmitted or displayed on the Services or through the Services Right, title or interest, including any intellectual property rights in the content, whether or not such rights are registered and wherever such rights exist in the world. Unless you have a separate written agreement with FlowingCard, you agree that you are responsible for protecting and enforcing these rights, and FlowingCard is not obliged to do so on your behalf.
9.5 You agree that you may not remove, hide or modify any proprietary rights notices (including copyright and trademark notices) that are attached to or contained in the Services.
9.6 Unless you are expressly authorized in writing by FlowingCard to do so, you agree that you will not use the trademarks, names or logos of any company or organization in a manner that may or may not result in the obfuscation of the owner or authorized of those trademarks, names or logos.
10. Flowing Card's permission
10.1 You may not (and you may not allow any other person) to copy, modify, or create derivative works of, any part of the Software or Software, reverse engineer, decompile or attempt to reproduce from any part of the Software or Software Extract the source code, except as expressly permitted or required by law or specifically notified to you by FlowingCard.
10.2 Unless FlowingCard gives you express written permission; you may not assign your rights to use the Software (or sub-licenses granting it), set a security interest in your use of the Software or otherwise transfer your rights to the Software Any part of the right to use.
11. Your permission to the content
11.1 You retain the copyrights and any other rights you have in your service or submitted, posted or displayed through the Services. By submitting, posting or displaying content, you grant FlowingCard a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to copy, adapt, modify, translate, post, publicly implement, Publicly display and distribute any Content you submit, post or display on the Services or through the Services. This license is for the sole purpose of enabling Flowing Card to display, distribute and advertise the Services and to revoke the Licenses for such Services by the Additional Terms of Certain Services.
11.2 You agree that this license includes a right to enable FlowingCard to provide such content to other companies, organizations or individuals who have a relationship with Flowing Card on a joint service and to use the Content for the provision of a joint service.
11.3 You understand that FlowingCard may (a) transmit or distribute your Content over different public networks and different media when performing the required technical measures to service users; (b) make any necessary changes to your content in order to Match the content to the technical requirements for connecting to the network, device, service or media. You agree that this permit allows FlowingCard to take these actions.
11.4 You confirm and warrant to FlowingCard that you have all the necessary rights, powers and authorities to grant the above license.
12. Software Update
12.1 Your Software You may download and install the updated version automatically from time to time from the FlowingCard. These updates are designed to improve, enhance, and further develop services in the form of revisions, enhancements, new software modules, and new releases. You agree to accept such updates (and allow FlowingCard to deliver to you) as part of your use of the Services.
13. Terminate your relationship with FlowingCard
13.1 The Terms will continue to be applied until terminated by you or Flowing Card by the following.
13.2 If you wish to terminate the legal agreement with FlowingCard, you may do the following: (a) notify FlowingCard at any time and (b) close the account for all services you use, provided FlowingCard gives you a choice. Your notice should be sent in writing to the FlowingCard address provided at the beginning of this article.
13.3 FlowingCard may terminate its legal agreement with you when:
(A) you violate any of the provisions of these Terms (or your conduct indicates that you do not intend or fail to comply with these Terms); or
(B) the law requires FlowingCard to do so (for example, to provide you with an unlawful or illegal service); or
(C) FlowingCard partners with whom you are serving have terminated their relationship with FlowingCard or ceased providing services to you; or
(D) FlowingCard believes that FlowingCard is no longer commercially viable for your service.
13.4 Nothing in this section shall affect FlowingCard's rights about the rendering of services under section 4.
13.5 At the termination of this Terms, all statutory rights, obligations and liabilities that You and Flowing Card have enjoyed or undertaken (or which have occurred during the term of this Article) or are expressly and indefinitely valid are not affected by the Termination, and Article 20.7 Should apply indefinitely to those rights, obligations, and responsibilities.
14. Does not include other guarantees
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT LOSS GUARANTEES OR LIABILITIES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY FLOWINGCARD UNDER APPLICABLE LAW. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for any loss or damage caused by negligence, breach of contract, breach of the implied warranty, or incidental or consequential damages. Therefore, only legal restrictions in your jurisdiction apply to you, and our liability will be limited to the maximum extent permitted by law.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED "AS IS".
14.3 In particular, Flowing Card and its licensors do not represent or warrant to you that:
(A) Your use of the Services will meet your needs;
(B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(C) ANY INFORMATION OBTAINED THROUGH YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTION OF ANY SOFTWARE PROVIDED TO YOU ON YOUR PARTNERS WILL BE CORRECTED.
14.4 You are solely responsible for any damage to your computer system or other devices or the loss of your data as a result of downloading any of these materials, alone and at your own risk, and of any material you download or otherwise obtain by using the Services.
14.5 NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) YOU OBTAINED FROM OR ACCESSED THROUGH OR ACCESSED THROUGH THE SERVICE OR FROM THE SERVICE CREATED ANY WARRANTY NOT SPECIFICALLY PROVIDED IN THESE TERMS.
14.6 FlowingCard further expressly disclaims all warranties and conditions of any kind, either expressed or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
15. Limitation of liability
15.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT FULFILLED AND ITS LICENSORS DO NOT BE RESPONSIBLE FOR YOU UNDER THE FULL PROVISION OF ARTICLE 14.1 ABOVE:
(A) YOU FOR ANY REASON AND WHATSOEVER OF ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY THEORY OF LIABILITY. This shall include but not be limited to any loss of profits (whether directly or indirectly), any loss of goodwill or business reputation, any loss of data, purchase of substitutes or services or other intangible losses;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OR DAMAGE WHATSOEVER:
(I) your belief in the completeness, accuracy or existence of any advertisement, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears in the Service;
(II) THE POSSIBLE CHANGES TO THE SERVICE BY THE FLOWINGCARD, OR THE CESSATION OF THE SERVICE (OR ANY FUNCTION IN THE SERVICE)
(III) the deletion, destruction or failure to store any Content and other communications maintained or transmitted through Your use of the Service;
(IV) You did not provide accurate account information to FlowingCard;
(V) You have not kept your password or account information secure and confidential;
15.2 FlowingCard's liability to you under Clause 15.1 above shall apply irrespective of whether FlowingCard is notified or if any such loss is known to have occurred.
16. Changes to the Terms
16.1 FlowingCard may make changes to the General Terms or Additional Terms from time to time. When these changes are made, FlowingCard will provide a new general term at flowingcard.com Any new additional terms will be provided to you through the services affected or affected by the service.
16.2 You understand and agree that if you use the Service after the Universal Terms or Additional Terms Change Date, FlowingCard will treat your use as accepting the updated General Terms or Additional Terms.