Terms of Service • Fluidity

Terms of Service

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TERMS OF SERVICE

Please read these terms of service very carefully before using or registering for the Fluidity web site and Service.  These terms of service (“Agreement”) govern you accessing content and using https://fluidity.tech/ and its affiliate’s web sites.  This Agreement between you (“you”) and Fluidity, is subject to change by us as described below.  By using the Fluidity Site and Service (as defined herein), you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Fluidity.

  1. This web site (“Site”) is owned and operated by Fluidity Technologies Inc. (referred to as “Fluidity” herein). The Site and its content (“Content”) and the Fluidity FT Aviator app and any related service (“Service”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by Fluidity or the copyright owner to the fullest extent allowed by law.

  2. You acknowledge and agree that Fluidity may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Fluidity’s sole discretion, without prior notice to you. You may stop using the Services at any time. You acknowledge and agree that if Fluidity disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.

  3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Fluidity, unless you have been specifically allowed to do so in a separate agreement with Fluidity. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).  Unless you have been specifically permitted to do so in a separate agreement with Fluidity, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.  You agree that you are solely responsible for (and that Fluidity has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Fluidity may suffer) of any such breach.

  4. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such materials originated, which may be you.

  5. Fluidity reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service.  The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof.  Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited.  In no event shall the user frame any portion of the Site or any materials contained therein.

  6. While Fluidity uses reasonable efforts to include accurate and up-to-date information on the Site, Fluidity makes no warranties or representations as to its accuracy. Fluidity assumes no liability or responsibility for any errors or representations in the Content or this Site.

  7. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Fluidity is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites. If you use any External Sites, you will leave the Site. If you decide to visit any External Sites, you do so at your own risk. External Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by Fluidity. The content, accuracy, opinions expressed and other links provided by External Sites are not investigated, verified, monitored or endorsed by Fluidity. Fluidity does not endorse or make any representation regarding or warrant any information, goods and/or services appearing or offered on any External Site. Links do not imply that Fluidity, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the External Sites, or that any External Site is authorized to use any trademark, trade name, logo or copyright symbol of Fluidity. Fluidity is neither responsible for nor will it be liable under any theory based upon any External Site, any information or content found on any External Site, or any site linked to or from any External Site.

  8. If you post content (including opinions or Feedback) or submit material, unless such content or material submittal is subject to separate terms and conditions, Fluidity shall own such content and material and you hereby assign any rights in such content and material to Fluidity. In the event ownership in the content or material cannot be granted to Fluidity, you grant Fluidity and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof.  Furthermore, you grant Fluidity, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content.  You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party.  Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law.  You will defend and indemnify Fluidity and its affiliates, agents, employees, and licensors from any claims, damages, and expenses, including attorneys’ fees, arising or resulting from any content or materials you provide hereunder, your use of the Service, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

  9. At your discretion, you may provide feedback to Fluidity concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Fluidity.  In the event ownership in the Feedback cannot be granted to Fluidity, you grant Fluidity at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.  You agree that Fluidity may disclose that Feedback to any third party in any manner and you agree that Fluidity has the ability to sublicense all Feedback in any form to any third party without restriction.

  10. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Fluidity may at any time revise these Terms and Conditions by updating this posting.  You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

  11. You shall not transmit to Fluidity or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

  12. You may not use your username and password for any unauthorized purpose. Furthermore, you may not share your username or password with others.

  13. Fluidity may retain and use, information collected in your use of the Service, provided such information does not individually identify you. Additionally, Fluidity may use any information that you provide in accordance to Fluidity’s Privacy Policy www.fluidity.tech/privacy-policy.

  14. Fluidity may terminate your access to our Site or the Service for any reason at any time.

  15. By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site.  THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF.  ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN HARRIS COUNTY, TEXAS.

  16. The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Fluidity’s proprietary rights in them.

  17. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FLUIDITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES.  FLUIDITY MAKES NO GUARANTEES AS TO RESPONSE RATES TO YOUR SURVEYS, UPTIME OR AVAILABILITY OF THE SERVICE.  TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, FLUIDITY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.  THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.  FLUIDITY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.

  18. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FLUIDITY OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF FLUIDITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. FLUIDITY’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF FLUIDITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  19. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.  Each provision of this Agreement is a separately enforceable provision.  If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

TERMS AND CONDITIONS

 

See also Privacy Policy