2. ACCEPTANCE OF TERMS This Agreement sets forth legally binding terms for your use of Floonce. By using Floonce, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse Floonce website) or you are a “User” (which means that you have registered on Floonce). If you do not accept the terms of this Agreement, you should leave Floonce websites and discontinue use of the platform immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Floonce. You agree to be bound by any modification to this Agreement when you use Floonce after any such modification is posted; it is therefore important that you review this Agreement regularly. You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Company may, in its sole discretion, refuse to offer the platform to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service and the platform is revoked in such jurisdictions.
3. ELIGIBILITY You may use the platform and Products, Services, or Downloads only if you can form a binding contract with Floonce, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations. The use of this website and platform for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and Products, Services, or Downloads. It is the responsibility of parents and legal guardians to determine whether any of the content and/or Products, Services, or Downloads are appropriate for their child. The platform and Products, Services, or Downloads may not be available to any Users previously removed by Floonce. By using the platform and Products, Services, or Downloads, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
4. FLOONCE BUSINESS MODEL Floonce is a marketplace where Buyers and Sellers can identify each other and buy and sell Products, Services, or Downloads for social media. Subject to the terms of this Agreement, Floonce provides the hosting and maintenance of Floonce website and enables the formation of Contracts. When a Buyer and an Seller enter into a Contract, the Buyer and Seller use the Floonce to engage, communicate, invoice and pay online. Floonce charges a 1% fee on each sale made on the Website in addition to subtracting any costs associated with processing of payments. Unless otherwise agreed by Floonce in a separate written agreement with you, Floonce does not itself provide the Seller Products, Services, or Downloads. The provision of all Seller Products, Services, or Downloads is up to the Sellers. FLOONCE WEBSITE, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH SELLER PRODUCTS, SERVICES, OR DOWNLOADS, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PRODUCTS, SERVICES, OR DOWNLOADS, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICE AND/OR WORK PRODUCT PROVIDED TO YOU BY SELLERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. FLOONCE IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD-PARTY PROVIDER.
5. PRODUCTS, SERVICES, OR DOWNLOADS When the Buyer purchases a service offered by the Seller, the Buyer and the Seller will be deemed to have entered into a contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Products, Services, or Downloads. You are solely responsible for ensuring that you comply with your obligations to Sellers. If you do not, you may become liable to such Seller. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer, or in any other uses you make of the Floonce Products, Services, or Downloads. If a Seller breaches any obligation to you, or causes any damages to you or your property or rights, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a Buyer Contract or for any damages to your person, property or rights caused by Seller. Depending on their jurisdiction, Buyers and Sellers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in these Terms is intended to override a right that by applicable law may not be excluded. Each Buyer and Seller acknowledges and agrees that the relationship between such Buyer and any Seller is that of an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between any Buyer and any Seller. Nothing in these Terms shall in any way be construed as forming a joint venture, partnership or a Buyer-employee relationship between Floonce and any Buyer or Seller.
6. PAYMENTS Floonce sellers receive payouts via Stripe when a product is purchased. Floonce charges a 1% fee on each sale made on the website in addition to any fees related to payment processing. Floonce is not liable for any errors related to Stripe payouts.
7. ACCOUNTS In order to use most aspects of the Floonce website, you must register for and maintain an active personal user Products, Services, or Downloads account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Floonce certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Floonce website. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Floonce in writing, you may only possess one Account. Seller profiles must accurately represent the Seller’s experience, skills, and personal information.
8. ACCEPTABLE USE You shall NOT use the Floonce website to do any of the following: • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Floonce staff. • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information, or any materials, information or content that involve the sale of counterfeit or stolen items. • Use the Floonce website or any Seller Products, Services, or Downloads for any purpose or in any manner that is in violation of local, state, national, or international law. • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party. • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer. • Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly. • Advertise or offer to sell any goods or Products, Services, or Downloads for any commercial purpose through the Floonce website which are not relevant to the Products, Services, or Downloads offered through the Floonce website. • Conduct or forward surveys, contests, pyramid schemes, or chain letters. • Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments or otherwise use your account. • Post the same note repeatedly. Spamming is strictly prohibited. • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Floonce Products, Services, or Downloads. • Restrict or inhibit any other user from using and enjoying the Community Areas. • Imply or state that any statements you make are endorsed by Floonce, without the prior written consent of Floonce. • Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Floonce website in any manner. • Hack or interfere with the Floonce website, its servers or any connected networks. • Adapt, alter, license, sublicense or translate the Floonce website for your own personal or commercial use. • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Floonce. • Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals. • Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner. • Use the Floonce website to solicit for any other business, website or service, or otherwise contact users for employment, contracting or any purpose not related to use of the Floonce website as set forth herein. • Use the Floonce website to collect usernames and or/email addresses of Users by electronic or other means. • Register under different usernames or identities, after your account has been suspended or terminated.
9. INTELLECTUAL PROPERTY RIGHTS Text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that you see or read through the Floonce is owned by Floonce, excluding Content that Floonce has the right to use as described in above, or content that Floonce has rightfully licensed from a 3rd party. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Floonce owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Floonce website without Floonce’s express prior written consent and, if applicable, the holder of the rights to the Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Floonce and, if applicable, the holder of the rights to the Content. The service marks and trademarks of Floonce, including without limitation “Floonce” and the Floonce logos are service marks owned by Floonce. Any other trademarks, service marks, logos and/or trade names appearing on the Floonce website are the property of their respective owners. You may not copy or use any of these marks, logos or trade names appearing on the Floonce website without the express prior written consent of the owner.
10. RESTRICTIONS You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Floonce content and website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Floonce content and the Products, Services, or Downloads, except as expressly permitted by Floonce; (iii) decompile, reverse engineer or disassemble the Floonce website except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Floonce website; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Floonce website or unduly burdening or hindering the operation and/or functionality of any aspect of the Floonce website; or (vi) attempt to gain unauthorized access to or impair any aspect of the Floonce website or its related systems or networks.
11. COPYRIGHT COMPLAINTS Floonce respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Floonce Products, Services, or Downloads infringe upon your copyright or other intellectual property rights, please send the following information to [email protected], with the subject line “DMCA”: • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included. • A statement specifically identifying the location of the infringing material, with enough detail that Floonce may find it on the Floonce website. Please note: it is not sufficient to merely provide a top-level URL. • Your name, address, telephone number and e-mail address. • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law. • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf. • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. Floonce shall not be liable if a User uploads copyrighted material.
12. CONFIDENTIAL INFORMATION You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Floonce and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Floonce in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Floonce upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Floonce’s trade secrets, confidential and proprietary information and all other information and data of Floonce that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, Products, Services, or Downloads, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
13. DISCLAIMER Products and Products, Services, or Downloads purchased or offered (whether or not following such recommendations and suggestions) through the Floonce website (including without limitation, Seller Products, Services, or Downloads)(“ Floonce Products, Services, or Downloads”) are provided “AS IS” and without any warranty of any kind from Floonce or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE FLOONCE PRODUCTS, SERVICES, OR DOWNLOADS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE FLOONCE PRODUCTS, SERVICES, OR DOWNLOADS IS AT THE USER’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FLOONCE PRODUCTS, SERVICES, OR DOWNLOADS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FLOONCE AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCTS, SERVICES, OR DOWNLOADS WILL MEET USER’S REQUIREMENTS; THAT THE PRODUCTS, SERVICES, OR DOWNLOADS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PRODUCTS, SERVICES, OR DOWNLOADS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLOONCE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SELLERS. USER’S AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PRODUCTS, SERVICES, OR DOWNLOADS, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH USER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU AGREE TO NOT HOLD FLOONCE RESPONSIBLE FOR YOUR ACTIONS OR OMISSIONS OR THE ACTIONS OR OMISSIONS OF ANY BUYER OR SELLER.
14. LIMITATION OF LIABILITY FLOONCE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PRODUCTS, SERVICES, OR DOWNLOADS, EVEN IF FLOONCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLOONCE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR PROVISION OF OR USE OF OR RELIANCE ON THE FLOONCE PRODUCTS, SERVICES, OR DOWNLOADS OR YOUR INABILITY TO ACCESS OR USE THE FLOONCE PRODUCTS, SERVICES, OR DOWNLOADS; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN BUYER AND ANY SELLER, EVEN IF FLOONCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLOONCE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FLOONCE'S REASONABLE CONTROL. BUYER ACKNOWLEDGES THAT SELLERS PROVIDING SELLER PRODUCTS, SERVICES, OR DOWNLOADS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL FLOONCE 'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE PRODUCTS, SERVICES, OR DOWNLOADS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL FEES PAID BY, OR RECEIVED BY YOU TO/FROM FLOONCE DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. FLOONCE’S PRODUCTS, SERVICES, OR DOWNLOADS MAY BE USED BY BUYER TO REQUEST AND SCHEDULE PRODUCTS, SERVICES, OR DOWNLOADS WITH SELLERS, BUT YOU AGREE THAT FLOONCE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS OR LOGISTICS PRODUCTS, SERVICES, OR DOWNLOADS PROVIDED TO BUYER BY SELLERS OR WITH RESPECT TO BUYER’S USE OF THE SELLER PRODUCTS, SERVICES, OR DOWNLOADS (INCLUDING NON-PAYMENT) OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION, DO NOT PURPORT TO LIMIT LIABILITY OR ALTER BUYER’S RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
15. INDEMNITY You agree to indemnify and hold Floonce and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including but not limited to attorneys’ fees), arising out of or in connection with: (i) your use of the Floonce website or Products, Services, or Downloads or goods obtained or provided or sold through your use of the Floonce website, including any data or content transmitted or received by you, or any other party’s access or use of the Floonce Products, Services, or Downloads with your Username and password; (ii) your breach or violation of any of these Terms, applicable law, rule or regulation (including, without limitation, any tax or employment laws); (iii) Floonce’s use of your Content; or (iv) your violation of the rights of any third party, including Sellers and Buyers.
16. OWNERSHIP The Floonce website and all rights therein are and shall remain Floonce website and all rights therein are and shall remain Floonce property. Neither these terms nor your use of the Floonce convey or grant to you any rights: (i) in or related to the Floonce except for the limited license granted above; or (ii) to use or reference in any manner Floonce’s company names, logos, product and service names, trademarks or Products, Services, or Downloads marks or those of Floonce’s licensors. Neither these terms nor your use of the Floonce website convey or grant to you any rights: (i) in or related to the Floonce except for the limited license granted above; or (ii) to use or reference in any manner Floonce’s company names, logos, product and service names, trademarks or Products, Services, or Downloads marks or those of Floonce’s licensors.
17. GENERAL You may not assign these Terms without Floonce prior written approval. Floonce may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Floonce's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you or Floonce as a result of this agreement or use of the Floonce website. 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 to the fullest extent under law. Floonce's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Floonce in writing.
18. INTELLECTUAL PROPERTY AND RIGHTS OF PUBLICITY
Sellers grant Floonce a non-exclusive license to use their seller name, likeness, products, product images, profile, and all other aspects of their Floonce profile for the purpose of marketing and promotions. Floonce retains the right to alter or remove any content or products uploaded to the website. FLOONCE IS ALLOWED TO USE YOUR COPYRIGHTED IMAGES AND YOU GRANT YOUR RIGHT OF PUBLICITY TO FLOONCE FOR THE PURPOSE OF MARKETING CONTENT ON THE INTERNET OR PRINT MEDIA. FLOONCE IS NOT REQUIRED TO REMOVE ANY MARKETING CONTENT SHOULD YOU DECIDE TO LEAVE FLOONCE. FLOONCE IS PERMITTED TO ALTER, DESTROY, REMOVE, DELETE, BAN, OR OTHERWISE MODIFY PRODUCT LISTINGS ON THE FLOONCE WEBSITE FOR ANY PURPOSE THAT FLOONCE SEES FIT.
19. AFFILIATE LINKS DISCLOSURE
Floonce blog posts often contain affiliate links. Floonce will receive income if you click an affiliate link and make a purchase on another website.
20. REFUND POLICIES
No refunds for digital downloads, unless otherwise stated by the seller or the product is signficantly misrepresented.
Sellers are obligated to provide returns for any physical product that is misrepresented, defective, or broken. The default return window for a seller is 30 days, unless the seller specifies otherwise.
Sellers are solely responsible for their products & Floonce has no responsiblity or affiliatiation with the actual products sold by sellers. Floonce has no responsibility or obligation to enforce this policy, but may choose to ban sellers in the sole discretion of Floonce without stating a reason or providing explanation.
REFUND INFORMATION FOR SELLERS Sellers are solely responsible for their products & Floonce has no responsibility for your business. You may be subject to fees by the payment processor in the event of chargebacks or returns. FLOONCE IS NOT LIABLE FOR ANY FEES ASSOCIATED WITH YOUR STRIPE ACCOUNT. PLEASE BE AWARE OF ALL RELEVANT STRIPE POLICIES. BY SELLING ON FLOONCE YOU ARE SUBJECT TO ALL TERMS & CONDITIONS OF STRIPE PAYMENTS.