Terms of Service and Conditions

Flowboarders.com, a site brought to you by FlowRider, Inc. (“FlowRider”). Please take a moment to read our Terms of Service and Conditions. By using Flowboarders.com, you agree to these Terms of Service and Conditions. We reserve the right to modify the terms of this agreement at any time. If use of Flowboarders.com continues after FlowRider, Inc. posts any changes, you accept the modified terms.

 

This site is controlled and operated by FlowRider, Inc. from its offices within the United States of America. FlowRider, Inc. makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other countries do so on their own initiative and are responsible for compliance with local laws where applicable. You may not use or export the Media/Content (as that term is defined below) in violation of U.S. export law or regulation.

 

We respect the privacy of our users/members. If you have any questions or concerns please email info@flowrider.com.

 

Please know that any information on Flowboarders.com is for informational purposes only. Although we aim to make all information on Flowboarders.com as accurate as possible, errors may occur. Regarding third parties to whose website we link, we are not responsible for their information or content, nor does it infer endorsement by FlowRider, Inc.

All images, website design elements, text, icons, graphics, logos, buttons, transitions, the presentation, selection and arrangement thereof, and all software Copyright © 2016, FlowRider, Inc. 3655 Pacific Highway, #A San Diego, CA 92101. ALL RIGHTS RESERVED.

 

COPYRIGHT AND LIMITATIONS ON USE

All Flowboarders.com content is the property of FlowRider, Inc. and is protected by Copyright. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through Flowboarders.com to anyone without the written consent of FlowRider, Inc. You may not post any content from Flowboarders.com to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of FlowRider, Inc.

 

OWNERSHIP OF MATERIALS

Except as otherwise noted, the information and/or software within and available through this website (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the “Media/Content”) is the exclusive property of FlowRider, Inc. or its licensors. All Media/Content is copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without FlowRider, Inc.’s prior written permission. FlowRider, Inc. grants no implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Media/Content you find on our site in any manner other than that described in this agreement, please email info@flowrider.com.

 

CONTENT RIGHTS

As a Flowboarders.com account holder you may submit Media/Content to Flowboarders.com, including videos, photos and user comments. You understand that FlowRider, Inc. does not guarantee any confidentiality with respect to any Media/Content you submit.

 

You are solely responsible for your own Media/Content and the consequences of submitting and publishing your content on Flowboarders.com. You fully acknowledge that you own or have the necessary licenses, rights, consents, and permissions to publish any and all content you submit; and you license to FlowRider, Inc. all patent, trademark, trade secret, copyright or other proprietary rights in and to such Media/Content for publication on the site in line with these Terms of Service and Conditions.
You do in fact retain all of your ownership rights to your Media/Content. However, by submitting Media/Content to Flowboarders.com, you instantly grant FlowRider, Inc. a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, prepare works that are derived from, display, and perform the Media/Content in connection with Flowboarders.com and FlowRider, Inc.’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Media/Content in any media formats and through any media channels. You also hereby grant each user of Flowboarders.com a non-exclusive license to access your Media/Content through Flowboarders.com, and to use, reproduce, distribute, display and perform such Media/Content as permitted through the functionality of Flowboarders.com and under these Terms of Service and Conditions. The above licenses granted by you in Media/Content you submit to Flowboarders.com terminate within a commercially reasonable time after you remove or delete your Media/Content from Flowboarders.com. You understand and agree, however, that FlowRider, Inc. may retain, but not display, distribute, or perform, server copies of your Media/Content that have been removed or deleted. The above licenses granted by you in user/member comments you submit are perpetual and irrevocable.

 

You further agree that Media/Content you submit to Flowboarders.com will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant FlowRider, Inc. all of the license rights granted herein.

 

FlowRider, Inc. does not endorse any Media/Content submitted to Flowboarders.com by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and FlowRider, Inc. expressly disclaims any and all liability in connection with Media/Content. FlowRider, Inc. does not permit copyright infringing activities and infringement of intellectual property rights on Flowboarders.com, and FlowRider, Inc. will remove all Media/Content if notified that said Media/Content infringes on another’s intellectual property rights. FlowRider, Inc. reserves the right to remove Media/Content without prior notice.

 

STORAGE AND GENERAL USE OF CONTENT

  1. DESCRIPTION OF SERVICE
    User/Member Media/Content by FlowRider, Inc. provides to its contributors a variety of web based services, including but not limited to digital photo storage, personal portfolio page, promotional galleries and access to the largest audience of flowboarders available online (Flowboarders.com). Any additions to or enhancements of Flowboarders.com, including the release of new User/Member Photos features, shall be subject to these Terms of Service and Conditions.

 

  1. LICENSE GRANT TO PHOTOS OF THE WEEK
    Photos, videos or other media (“Media/Content”) uploaded and tagged with specific/pre-designated hashtags (provided by FlowRider, Inc. periodically) are subject to being featured in the Photos of the Week section of Flowboarders.com. If this Media/Content is chosen by FlowRider, Inc. to be featured on Flowboarders.com, this does not translate to FlowRider, Inc.’s ownership of said Media/Content. However, by uploading Media/Content with specific and aforementioned hashtag(s), you grant FlowRider, Inc. a nonexclusive, royalty-free license to publish, distribute and display the Media/Content, without limitation, anywhere within Flowboarders.com itself as well as all means of promoting Flowboarders.com. This license shall be in effect during all times that relevant Media/Content is uploaded/shared with specific/pre-designated tags and hashtags.

    Furthermore, you represent and warrant that you own or otherwise control all of the rights to the Media/Content that you post with specific/pre-designated tags and/or hashtags; that you have received all proper permissions and/or releases relative to all media that you post; that use of the Media/Content you store in any public forum does not violate these Terms of Service and Conditions of Flowboarders.com and will not cause injury to any person or entity; and that you will indemnify FlowRider, Inc. for all claims resulting from Media/Content you create/share. FlowRider, Inc. has the right but not the obligation to monitor and edit or remove any activity or Media/Content. You understand and agree that FlowRider, Inc. takes no responsibility and assumes no liability for any Media/Content posted by you or any third party.

 

  1. CONTRIBUTOR CONDUCT- CONTENT RESTRICTIONS
    You agree that all Media/Content uploaded by you are your sole and exclusive responsibility. You agree that you will not use Flowboarders.com to upload, post or otherwise transmit any content that is: unlawful, harmful, threatening, profane, abusive, harassing, defamatory, vulgar, obscene, or pornographic, or which may give rise to civil or criminal liability under applicable law; libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harmful to minors in any way; or in violation of any copyright or other proprietary rights of another. FlowRider, Inc. does not intend to pre-screen ongoing content uploaded or stored by its users/members, and reserves the right to edit or remove content which violates any of the aforementioned provisions.

 

  1. ADULT CONTENT
    Flowboarders.com is child-friendly site, and we do not condone adult content in any area of the site. While we do not monitor every photo being uploaded, FlowRider, Inc. will remove accounts that promote naked or obscene images in user/member profiles as we discover them. We kindly ask that you please respect the children who browse user/member profiles on Flowboarders.com.

 

  1. CHANGES IN TERMS OF SERVICE AND CONDITIONS
    FlowRider, Inc. may modify our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service and Conditions from time to time without notice. Please review these Terms of Service and Conditions from time to time so that you will be aware of any changes.
  2. TERMINATION OF SERVICE
    FlowRider, Inc., in its sole discretion, may terminate your password and general use of Flowboarders.com, and remove and discard any Media/Content within the site, for any reason, without limitation. Lack of use of Flowboarders.com for a specified period, or if FlowRider, Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service and Conditions is reason enough. You agree that any termination of your access to Flowboarders.com under any provision of these Terms of Service and Conditions may be effected at the sole discretion of FlowRider, Inc. FlowRider, Inc. may deactivate or delete your account and all related information and files and/or bar any further access to such files or Flowboarders.com at its sole discretion without notice. You agree that FlowRider, Inc. shall not be liable to you or any third-party for any termination of your access to Flowboarders.com.

 

  1. DISCONTINUING INACTIVE ACCOUNTS
    FlowRider, Inc. reserves the right to cancel or to discontinue user/member accounts that are inactive for up to one year from join date.

 

  1. CHOICE OF LAW AND FORUM
    These Terms of Service and Conditions shall be governed by and understood in accordance with the laws of the State of California, without regard to its conflicts of law rules. You specifically agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service and Conditions or your use of Flowboarders.com shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Flowboarders.com or these Terms of Service and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

  1. SEVERABILITY AND INCORPORATION
    Unless otherwise specified herein, this agreement constitutes the entire agreement between you and FlowRider, Inc. with respect to Flowboarders.com and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and FlowRider, Inc. with regard to use of Flowboarders.com. If any part of these Terms of Service and Conditions is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely reflects the original intent of the parties, and the remaining portions shall remain in full force and effect.

 

YOUR CONSENT

FlowRider, Inc. may change these Terms of Service and Conditions at any time by posting revisions to our website. Your use of the site constitutes acceptance of the provisions of these Terms of Service and Conditions and your continued usage after such changes are posted constitutes acceptance of each revised Terms of Service and Conditions. If you do not agree to the terms of these Terms of Service and Conditions or any revised policy, please exit the site.

 

By using Flowboarders.com, you are consenting to receive certain communications from us. For example, FlowRider, Inc. may send you newsletters about new FlowRider, Inc. products, special offers, FLOW Tour announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications from us, simply click on the unsubscribe link at the bottom of our email communications.

 

By using the Flowboarders.com, you consent to receiving electronic communications from FlowRider, Inc. These communications will include notices about your account (e.g., change in password) and information concerning or related to Flowboarders.com. These communications are part of your relationship with FlowRider, Inc. and you receive them as part of the Flowboarders.com membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

TRADEMARKS

The marks and any designs associated with any marks on the website are trademarks and/or service marks of FlowRider, Inc. or its licensors. ALL RIGHTS RESERVED. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of FlowRider, Inc., is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners.
LINKING AND FRAMING

You may link to our home page (at www.Flowboarders.com) provided that any such link does not imply any sponsorship of your site by FlowRider, Inc., but if you wish to link to material contained at other levels within the site, please contact us at info@flowrider.com for permission to do so. You may not frame or otherwise incorporate into any other website or service with any of Flowboarders.com’s Media/Content without the prior written permission of FlowRider, Inc. If you are interested in permission to frame our content or in exploring a partnership arrangement, please contact us.

 

DISCLAIMER OF WARRANTIES AND LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. FLOWRIDER, INC. IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS, AND AGREE THAT IF YOU RELY ON THE MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ARE PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL FLOWRIDER, INC. (INCLUDING ITS EMPLOYEES, DIRECTORS, TEAM RIDERS AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR ANY HYPERLINKED WEBSITE, EVEN IF FLOWRIDER, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLOWRIDER, INC. DOES NOT GUARANTEE THAT FLOWBOARDERS.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT FLOWBOARDERS.COM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLOWRIDER, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS OR THE MATERIALS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF FLOWRIDER, INC. IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

No Unlawful or Prohibited Use As a condition of your use of this site, you warrant to FlowRider, Inc. that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

 

TERMINATION

This agreement is effective until terminated by FlowRider, Inc., at any time without notice. In the event of termination, you are no longer authorized to access this site and the restrictions imposed on you with respect to the Media/Content as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

 

JURISDICTION; MISCELLANEOUS

This site is created and controlled by FlowRider, Inc. The laws of the State of California will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws. The exclusive jurisdiction of any dispute arising out of or related to these Terms of Service and Conditions or your use of the site or the Media/Content shall be the appropriate state or Federal court in San Diego County, California. Any rights not expressly granted herein are reserved. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of FlowRider, Inc. to enforce a right under these Terms of Service and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. The above stated rules represent the entire understanding between each user of Flowboarders.com, regarding each user or member’s relationship with FlowRider, Inc. and supersedes any prior statements or representations.

 

COMMENTS

FlowRider, Inc. welcomes your feedback. If you have questions or comments about our policies, feel free to contact us via email at info@flowrider.com or call FlowRider, Inc. directly at 619-241-2512.