TERMS OF USE
These Terms of Use govern our relationship with users and others who interact with flutterstep.com. By using or accessing flutterstep.com, you agree to these Terms.
You must be 13 years or older to user flutterstep.com. If you believe that we might have information from someone under 13 years of age, please contact us at privacy@flutterstep.com.
Safety and Your Conduct on flutterstep.com
We do our best to keep flutterstep.com safe, but we cannot guarantee it. To assist us in this effort, we ask our users for the following commitments:
You will not send or otherwise post unauthorized commercial communications to users (such as spam).
You will not collect users' information, or otherwise access flutterstep.com, using automated means (such as harvesting bots, robots, spiders, or scrapers).
You will not upload viruses or any other malicious or harmful code.
You will not post content that is intentionally false or misleading, hateful, threatening, pornographic, contains nudity or is graphic or gratuitously violent.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, harass or abuse any user.
You will not use vulgar terms or profanity in your username, your conversation names, your group names, or any nicknames for conversations or groups. In addition, you will not use profanity in any communication that is openly available and viewable by the public.
You will not use flutterstep.com to do anything unlawful, misleading, malicious, abusive or discriminatory.
You will not facilitate or encourage any violations of these Terms of Use.
You will not inappropriately modify or hack the flutterstep.com website and you will not use flutterstep.com in any unauthorized manner.
All flutterstep.com users agree that by using the site you acknowledge that you are bound by and subject to the Digital Copyright Millennium Act (“DCMA”) and the Video Privacy Protection Act (“VPPA”). You agree that flutterstep.com has no obligation under the VPPA.
Ownership of Information Obtained by flutterstep.com
Flutterstep.com does not claim any ownership right to the material you post on the site nor to any of your profile information.
Changing or Removing Information
Access and control over personal information on flutterstep.com is available through the Edit My Profile link. Flutterstep.com users may modify or delete any of their profile information at any time by logging into their account. Information will be updated immediately. Individuals who wish to deactivate their flutterstep.com account may do so at any time. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to users of flutterstep.com.
Where you share information with other individuals on flutterstep.com, however, (e.g., sending a personal message to another user or posting a comment in a conversation) you generally cannot remove such communications.
Registration and Account Security
We require that flutterstep.com users provide their real names and information. In addition, we require that:
You not provide any false personal information on flutterstep.com, or create an account for anyone other than yourself without permission.
You not use flutterstep.com if you are under 13 years of age.
You not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You not use flutterstep.com if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
You keep your contact information accurate and up-to-date.
You not transfer your account to anyone without first getting our written permission.
Protecting Other People's Rights
We respect other people's rights, and we expect our users to do the same.
You will not post content or take any action on flutterstep.com that infringes someone else's rights or otherwise violates the law.
You will not use our copyrights or trademarks without our written permission.
If you collect information from users, you will: obtain their consent, make it clear you (and not flutterstep.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not post anyone's identification documents or any other sensitive documents or information on flutterstep.com.
We reserve the right to remove any content you post on flutterstep.com if we believe that it violates these Terms of Use.
If you repeatedly violate these Terms of Use, we will disable your account when appropriate.
Mobile
Our mobile services are provided to our users for free, but please be aware that your cellular carrier's normal rates and fees, such as text messaging fees, will still apply. In the event you change or deactivate your mobile telephone number, you agree to update your account information on flutterstep.com within 3 days to ensure that your messages are not sent to the person who acquires your old number.
Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you:
We give you permission to use flutterstep.com's link buttons so that users can post links or content from your website on flutterstep.com.
You give us permission to use such links and content on flutterstep.com.
You will not place a link button on any page containing content that would violate these Terms of Use if posted on
flutterstep.com.
Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a platform through the use of flutterstep.com’s API, the following additional terms apply to you:
You are responsible for your application and its content and all uses you make of the platform. This includes ensuring your application or use of a platform meets the flutterstep.com Terms of Use.
When users add your application or connect it to their flutterstep.com account, they give permission for you to receive certain data relating to them. Your access to and use of that data will be limited as follows:
You will only use the data you receive for your application, and will only use it in connection with flutterstep.com.
You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
You will not use, display, or share a user's data in a manner inconsistent with the user's Privacy Settings.
We may require you to update any data you have received from us.
We may limit your access to data.
You will not transfer the data you receive from us without our prior consent.
You will not give us data that you independently collect from a user or a user's content without that user's consent.
You will make it easy for users to remove or disconnect from your application.
You will make it easy for users to contact you. We can also share your email address with users.
You will provide customer support for your application.
You will not show ads or web search boxes on flutterstep.com profiles.
We give you all rights necessary to use the code, APIs (along with all content and data received), or tools we provide to you, but only in connection with your application.
You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
You will not misrepresent your relationship with flutterstep.com to others.
You will delete all data you received from us relating to any user who removes or disconnects from your application unless otherwise permitted in our Terms of Use.
You will delete all data you received from flutterstep.com if we disable your application or ask you to do so.
You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Terms of Use.
We may issue a press release describing our relationship with you.
You will comply with all applicable laws. In particular you will (if applicable):
have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act; comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with flutterstep.com user data subject to the VPPA. You acknowledge flutterstep.com has no obligations under the VPPA.
You give us all rights necessary to enable your application to work with flutterstep.com, including the right to:
incorporate your content into streams, profiles, and user action stories;
link to or frame your application; and
place content, including ads, around your application.
We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
To ensure your application is safe for users, we reserve the right to audit it.
We can create applications that offer similar features and services to, or otherwise compete with, your application.
Amendments
We can change these Terms of Use so long as we provide you notice through flutterstep.com (unless you opt-out of such notice) and an opportunity to comment. We will give you a minimum of seven days notice of any changes or amendments to these Terms. We can make changes for security, legal or administrative reasons upon notice without opportunity to comment.
Termination and Take Down Procedure
If you violate these Terms, or otherwise create possible legal exposure for us, we can stop providing all or part of flutterstep.com to you. Flutterstep.com maintains the right to immediately take down content posted by any user that infringes on another person’s or entity’s intellectual property rights or content that flutterstep.com believes is likely to infringe such rights. We maintain the right to terminate any user’s account who posts infringing content. Flutterstep.com will generally try to notify you of this decision to terminate service or take down content, but we have no obligation to do so. You may also delete your account or disable your application at any time.
Disputes
You will resolve any claim or dispute you have with us arising out of or relating to these Terms in a state or federal court located in the District of Columbia. The laws of the District of Columbia will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in the District of Columbia for the purpose of litigating all such claims or disputes.
If anyone brings a claim against us related to your actions or your content on flutterstep.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. You agree to defend, indemnify and hold harmless flutterstep.com, its parents, subsidiaries, affiliates, officers, directors, employees and agents for and against any claims, actions or demands, including without limitation, reasonable legal fees alleging or resulting from your use of the flutterstep.com service or your breach of these Terms of Service or other flutterstep.com policies, terms and conditions.
We try to keep flutterstep.com up, bug-free and safe, but you use it at your own risk. We are providing flutterstep.com "as is" without any express or implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that flutterstep.com will be safe or secure. Flutterstep.com is not responsible for the actions or content of third parties, and you release us, our directors, officers, employees and agents from any claims and damages, known and unknown, arising out of or in any way connected, with any claim you have against any such third parties. We will not be liable to you for any lost profits or any consequential, special, indirect, or incidental damages arising out of or in connection with these Terms of Use or flutterstep.com, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of these Terms of Use or flutterstep.com will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the last twelve (12) months if applicable. Applicable law may limit or exclude liability or incidental or consequential damages, so the above exclusion may not apply to you. In such cases, flutterstep’s liability will be limited to the fullest extent permitted by applicable law.
Miscellaneous
These Terms of Use make up the entire agreement between the parties regarding flutterstep.com, and supersede any prior agreements.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of these Terms, it will not be considered a waiver.
Any amendment to or waiver of these Terms must be made in writing and signed by flutterstep.com representatives.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these Terms of Use shall prevent us from complying with the law.
These Terms of Use do not confer any third party beneficiary rights.
Personal Information gathered can be disclosed to judicial or other government or regulatory agencies subject to warrants, subpoenas or other governmental orders.
Please also review the flutterstep.com Privacy Policy for relevant policies and procedures relating to your information and your account.
These Terms of Use effective as of August 14, 2009.
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