If you are a subscriber to the Flextory service you further agree to be bound to the service agreement. If there is a conflict between these terms and the additional terms of the Service Agreement, the terms in the Service agreement will control for that conflict.
2. Ownership of the Site; Restrictions on Use
All pages within the Site and materials made available for download are the property of Flextory. The Site is protected by United States and international copyright, trademark, and patent laws. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio, video, location data, and any materials accessed through or made available for use or download through the Site (Content) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by Flextory, including the provision of services or products to Flextory, or in connection with a business relationship with Flextory. You may not frame, utilize framing techniques to enclose, or deep link to, any name, trademark, logo, Content, or other proprietary information (including images, text, page layout, or form) of Flextory without Flextory's express written consent.
You may not use automated systems (e.g., robots, spiders, etc.) to access or harvest information from the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site.
4. Accuracy and Integrity of Information
Although Flextory attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Flextory so that it can be corrected. Any information, Content, service, function, or feature contained on the Site may be discontinued, changed, or updated at any time with or without notice. Additionally, Flextory shall have no responsibility or liability for information or Content posted to the Site from any third party.
5. Access to the Site
Flextory can suspend or limit your access to the Site due to interference with the Site or for excessive use of resources such as bandwidth, processing, or storage. In addition, Flextory may cancel your access at any time with or without cause.
6. Submissions / Uploads to the Site
If you submit, upload, post, or transmit any information or Content to the publically accessible areas of the Site (Submissions), you agree not to submit, upload, post, or transmit (a) anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behavior; (b) anything that violates the intellectual property rights of any person or entity; or (c) a virus or any other harmful component. Flextory and its affiliates shall have the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote Submissions in any way and in any commercial or non-commercial medium or form without charge. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption, or interruption. You agree to defend, indemnify, and hold Flextory harmless from and against all third party claims, damages, and expenses (including reasonable attorneys' fees) against or incurred by Flextory arising out of any Submissions you submit, upload, post, transmit, or allow to be posted to the Site.
7. No Duty to Monitor
You agree that Flextory is not liable for Content that is provided by others. Flextory has no duty to screen or monitor Content that you or other users may submit, upload, post, transmit, or allow to be posted, but Flextory does have the right to refuse to post or edit submitted Content. Flextory reserves the right to remove any Content for any reason at any time.
8. Infringement Notices
As provided in the Digital Millennium Copyright Act (DMCA), Flextory has designated the following individual for notification of potential copyright infringement regarding the Site:
1523 Chandler St.
Madison, WI 53711
If you believe any content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
a. a physical or electronic signature of the copyright owner or authorized agent;
b. identification of the copyrighted work(s) claimed to have been infringed;
c. identification of the material that is claimed to be infringing or to be the subject of the 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;
d. information regarding how Flextory may contact you (e.g., mailing address, telephone number, e-mail address);
e. a statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Disclaimer of Warranties
THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE/NON-INFRINGEMENT, or any implied warranties arising out of a course of performance, dealing, or trade usage. THE SITE AND CONTENT ARE PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SITE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. FLEXTORY DOES NOT WARRANT THAT USE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED. FLEXTORY IS NOT RESPONSIBLE FOR SOFTWARE INSTALLED OR USED BY SUBSCRIBERS OR USERS OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET.
10. Limitation of Liability Regarding Use of Site
FLEXTORY AND ITS officers, Directors, Employees, Agents, Owners, AFFILIATES, VENDORS, LICENSORS, DEALERS, AND ANY THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Links to Other Sites
12. Age of Users
13. Electronic Delivery Statement and Your Consent
You agree that Flextory may provide to you notices and other information concerning Flextory or the Site electronically, including notice to any e-mail address that you may provide.
14. International Use
Flextory makes no representation that Content on the Site is appropriate or available for use in locations outside the United States. If you choose to access the Site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.