1. Acceptance of Terms
Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with The Flute Portal in any way, your only recourse is to immediately discontinue use of the Site and the Service. The Flute Portal will not be held be liable for any loss or damage for non-compliance.
These Terms may be updated by The Flute Portal. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms here. Any continued use of the Software or Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.
You understand and agree that unless expressly stated, The Flute Portal in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, messages, advertisements and reviews.
Although registration is not required to use the Service or access to the Site, if you decide to register, you must complete the The Flute Portal registration process. If you choose to register, you must submit a valid e-mail address and select a username and password during the registration process and be at least 18 years of age. You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify The Flute Portal immediately of any unauthorized use of your account.
The Flute Portal reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.
You understand that all listings, messages, text, files, images, photos, video, audio or other materials (“Content”) posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that The Flute Portal does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.
Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of The Flute Portal . The Flute Portal makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will The Flute Portal be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site.
You understand and agree that any uploading or posting will be at your sole risk and The Flute Portal shall not be responsible to you in any way. Further, The Flute Portal does not provide any warranty as to your use of third-party content or software that you obtain from the Site.
You are also fully responsible for any Content you post on the Site and to the consequences of any such Content. Although The Flute Portal does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to The Flute Portal an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that The Flute Portal, in its sole discretion, may delete any Content for any reason.
4. User Conduct
You agree to act responsibly and to treat other users with respect. Users also must not use the Site or the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed from the Service or blocked from the Site.
You agree not to post, email, otherwise make available Content that:
Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
Is harmful to minors or displays sexually explicit material of any kind
Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation
Transmits or posts any unsolicited or unauthorized advertising, “spam,” junk mail, “chain letters,” “pyramid schemes,” etc.
Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the The Flute Portal service
Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without The Flute Portal’s prior consent
Contains personally identifiable information about another member that is published without their express consent
Contains material originally posted by another member that is reposted without permission or attribution
Has misleading email addresses or other manipulated identifiers to disguise its origin
Is purposefully posted in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on The Flute Portal’s infrastructure
Additionally, you agree not to:
Contact anyone who has asked not to be contacted
“Stalk” or otherwise harass anyone
Delete or revise any material posted by any other user
Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site
Attempt to gain unauthorized access The Flute Portal’s computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site
5. No Spam Policy
You understand and agree that sending unsolicited email advertisements to The Flute Portal email addresses or through The Flute Portal computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of The Flute Portal computer systems is a violation of these Terms and certain federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
All right, title and interest in and to the Site and the Service are and will remain the exclusive property of Geoffrey Ellis (sole owner and operator of The Flute Portal website). The Flute Portal logos, icons and other marks identifying The Flute Portal services or products are trademarks of The Flute Portal and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Service or the Site without the express written authorization of Geoffrey Ellis. All rights not expressly granted in these Terms are reserved to Geoffrey Ellis.
The Flute Portal respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at email@example.com. Filing a notice of infringement with The Flute Portal requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site.
7. Dealings with organizations or individuals
The Flute Portal shall not be liable for your interactions with any organizations and/or individuals found on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that The Flute Portal is not responsible for any damage or loss incurred as a result of any such dealings. The Flute Portal is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release The Flute Portal, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
8. Limitation & Termination of Service
You acknowledge that The Flute Portal may establish limits concerning use of the Service. You agree that The Flute Portal has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that The Flute Portal reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that The Flute Portal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that The Flute Portal in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if The Flute Portal believes that you have acted inconsistently with these Terms. Further, you agree that The Flute Portal shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination.
9. Privacy & Information Disclosure
You further acknowledge that The Flute Portal may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of The Flute Portal, its users or the general public.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE FLUTE PORTAL, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER THE FLUTE PORTAL, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE FLUTE PORTAL ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limitations on Liability
IN NO EVENT SHALL THE FLUTE PORTAL, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF THE FLUTE PORTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE FLUTE PORTAL SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE FLUTE PORTAL TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE FLUTE PORTAL, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OODLE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD THE FLUTE PORTAL HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST OODLE ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.
13. General Information
These Terms are governed in all respects by the laws of the State of California, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in San Francisco, California and you consent to the exclusive jurisdiction of such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Flute Portal’s failure to act with respect to a breach by you does not waive The Flute Portal’s right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns. The Flute Portal shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond The Flute Portal’s reasonable control. Any notice required or given to you under these Terms shall be delivered by electronic mail at the e-mail address provided by you during registration. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
14. Professional User
All fees non-refundable, in whole or in part, even if the Service is suspended, or canceled prior to the end of your monthly or annual plan.
Subscriptions automatically renew upon expiration. This means that unless you cancel your account or subscription prior to its expiration, your account will automatically renew for another year. At the time of renewal, your PayPal account will be charged the then-current fees to renew the Service.