TERMS OF SERVICE
0.1 Being A Creator with F.L.A.A. Nation.Inc
1.About and Certain Definitions Being a Creator
2.How It Works
4.Subscriptions, Purchases, and Payment of Revenue
8.Intellectual Property Rights
13.Linking to the Website and Social Media Features
14.Links from the Services
16.Disclaimer of Warranties; Limitations of Liability
18.Governing Law and Dispute Resolution
19.Waiver Severability and Assignment
0.1 Being A Creator with F.L.A.A. Nation.Inc
To get started, simply contact us by email or on Twitter and let us know that you would like to begin the process of starting a website within the FLAANation network. Joining the network is free and no cost to you at any point. We pay for your domain, server hosting, and design your website, and update the website for you (if needed). FLAANation is an INVITE ONLY network, and we hand pick who will join the network. The steps below are how to get started.
0.1 Send in your content via Google Drive or Dropbox. Once we review and approve your content, we can move on to the next step.
0.2 Pick your domain name. You can head over to GoDaddy.Com and find a domain name that best fits your website. Remember, having NSFW or Hentai in the domain will help with SEO traffic but it is not required.
0.3 Once you have chosen your domain name, we could register the domain for you, or you could register the domain on your own.
0.4 We will start the designing of your website which could take as little as 24 hrs. or up to two weeks or more, depending on how much content you provide us with. We will tag your content, setup menus, and do any graphic design if needed for free. Again, at no cost to you.
0.5 Once the design is complete, we will contact you with your website administrator login which you will enable to have a look around the site and make any last-minute changes you think are necessary.
0.6 Once we have your approval of the site, we will go ahead and add your site to FLAANation.Com and go LIVE with your website.
0.7 We will start sending traffic from FLAANation.Com to your website and over time your site will increase in traffic from SEO traffic and any social media traffic you can send it.
0.8 We do not guarantee website sells for anyone's website. We setup your website and send traffic to it. We will do what we can to help you make and maintain sells but depending on how much you update and the amount of content you have in general will help accumulate sells. Having a website and increasing sells takes time but it is time well spent to know that you have your own website to fall back on.
00.1 FLAANation.Com will send out your first payment once your account reaches over $200.00. You can view your sells in your Admin Portal under transactions. You will be able to view signups per day, week, month, and year. Any cancellations and rebills are viewed here as well.
00.2 We can send payments by PayPal or check by mail and even through ACH wire.
000.1 Split fees are usually a standard percentage across the boards. FLAANation normally takes 40% (60/40) for any FLAANation Pass membership and takes 20% (80/20) for Solo artist sign ups. The percentages are negotiable depending on the artist. Please feel free to contact us about different split rate options.
000.2 We have NETBilling and CCBill as our secure billers. The fees they take range on sells. The more an account makes the less fees they apply. After they take their cut, we split the remainder amount.
CLOSING YOUR WEBSITE
0000.1 If at any point you feel you would like to close your website, you can do so at any time and at no cost to you. We will delist your website and you are free to walk away. It’s that easy. There are no contracts involved.
0000.2 If you would like to take your domain with you, you can. We will transfer the domain name to you (cost may apply). We are currently working on this feature with GoDaddy.Com.
THE BENEFITS OF JOINING FLAANation
00000.1 Having your own website is always a great foundation that you can build on. You have a home to go to if something were to ever happen to your other outlets. Today so many artists and models are being kicked off platforms that have a change or rules or some crackdown on porn, unexpectedly. No matter what, you will have a website to fall back on.
00000.2 Giving your users more for the money is what F.L.A.A. Nation is about. For $9.95 you can offer your users a whole network of content on top of your own website. This gives your supporters more and allows them to enjoy more content at the best price.
00000.3 Giving yourself another income is always nice. Using the same content, you may already be using elsewhere allows you to make more money off your content without working extra for it. Making more in less time is a big benefit.
00000.4 We can do your updates for you! Are you too busy to manage your website? Do you have no time to update? We do it all and at no cost to you. Send us the content by email or by file sharing and we will update your site once a week or bi-weekly. No hassle. Let us help you make more from your content by managing your website for you.
CONTENT WE WILL NOT ALLOW
000000.1 As of right now FLAANation network is open to most categories. We do have limits which I am sure most of you are already aware of. If you are not aware, here is a small list below. If you have any questions, feel free to ask.
No Hardcore GORE!
No Force Raping Artwork.
No Hardcore Loli Girls. (Girls who look under 6 years old)
No Racist and/or Demeaning Artwork.
No Artwork that Shows Disrespect to the LGBTQ Community and/or Minorities.
1.1 These terms of service, as amended from time to time, are a legal agreement between F.L.A.A Nation .Inc., its affiliates and any of their respective successors or assigns (collectively, “F.L.A.A Nation", “flaanation,” “our,” “we” or “us”) and you regarding your use of flaanation’s website(s) created or controlled by F.L.A.A Nation and currently found at www.FLAANation.com and its mobile application(s) (collectively, the “Services”). The Services allow Creators to upload photos and videos to their profile, setting a monthly subscription price and therefore earning money from Members.
1.3 The Services are offered and available ONLY to users who are 18 years of age or older. If we become aware that a F.L.A.A Nation User is underage, we will promptly deactivate that User's account and delete all information and content of that User from the Services. If you are a parent or legal guardian and become aware that your minor-child has registered on flaanation, please immediately notify us at firstname.lastname@example.org
By registering an account with F.L.A.A Nation or using any part of the Services, you represent and warrant that:
- you are at least 18 years of age.
- you will fully comply with these Terms.
- you accept full responsibility for the use of the Services on any device, whether it is owned by you.
- you accept full responsibility for any User Content created or provided under your account; and
- your use of F.L.A.A Nation will not violate these Terms or any applicable law.
If you are using the Services on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.
1.4 We reserve the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. By continuing to use the Services after such notice, you agree to these Terms as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
1.6 We do not own User Content on the Services and views expressed by Users do not represent the views of flaanation. All User Content transactions and interactions on F.L.A.A Nation are between Users and at no point does F.L.A.A Nation become a party to any transaction or interaction between Users.
1.7 We reserve the right at any time and without notice to:
1.7.1 modify, suspend, or terminate the Services or any portion thereof.
1.7.2 restrict, limit, suspend or terminate your access to the Services or any portion thereof.
1.7.3 delete any User Content you post on the Services if in our reasonable opinion it does not comply with these Terms, including our applicable use policy (included herein) and/or applicable law.
1.7.4 monitor your use of the Services (including any content or message you post or broadcast on the Services) to verify compliance with these Terms and/or any applicable law; provided, however that we have no obligation to do so.
1.7.5 investigate any suspected or alleged misuse or unlawful use of the Services and cooperate with law enforcement in such investigation.
1.7.6 change the Payment Processor that enables you to make or receive payments as a User.
1.8 From time to time, we may restrict access to some parts of the Services, or the entire Services.
1.9 As used in these Terms, the terms below have the following meaning:
1.9.1 “Commission” means a percentage of the Revenue attributed to a Creator which is paid to Creators. The default Commission will be 80% of the Revenue attributed to the Creator, unless otherwise agreed in writing and signed by a person having the requisite corporate authority to bind flaanation.
1.9.2 “Chargeback” means a demand by a Payment Processor for F.L.A.A Nation to make good the loss on a disputed transaction.
1.9.3 “Creator” means a User who uploads and posts User Contact for access by such User’s Members.
1.9.4 “Member” means a User who subscribes to a Creator to view that Creator’s User Content.
1.9.5 “Member Interaction” means certain access offered by a Creator which allows their members to interact with the Creator, as opposed to only view their User Content.
1.9.6 “Payment Processor” means any company F.L.A.A Nation may engage to process payments made on the Services, it being understood that such Payment Processor may, from time to time, be: NetBilling, CCbill, Verotel or PayPal, CCbill, Verotel or PayPal, or another entity selected by F.L.A.A Nation in its sole discretion.
1.9.7 “Refund” means a return of the funds paid by a member after a disputed purchase.
1.9.8 “Revenue” means all the money collected by F.L.A.A Nation from Members based on their subscriptions or purchases of Member Interactions.
1.9.9 "User" means any user of the Services, whether a Creator or Member.
1.9.10 "User Content" means all photos, videos, editorial or other content uploaded by Users.
1.9.11 “Website” means www.F.L.A.A Nation.me
2. How It Works
2.1 The Services are a social media platform that let you create a user profile, which in turn allows you to:
2.1.1 upload and post photos and videos for access by your members; and/or
2.1.2 subscribe to another User’s profile to view their otherwise restricted photos and videos.
3. Account Registration
3.1 To register and create an account, you must provide a valid email address, a username, and a password. It is a condition of your use of the Services that all the information you provide is correct, current, and complete.
3.3 If you are looking to subscribe to certain Creators you will need to add a payment method. When adding a payment method, your payment information may be stored by a Payment Processor. F.L.A.A Nation does not store any payment information.
3.4 If you are a Creator, you will need to add a Personal or Business Checking Account account and upload a valid form of ID. You may also need to submit additional legal information, such as a W-9 if you are a resident of the United States of America (the exact information required will depend on your country). All Revenue directly attributable to your Creator account, less the Commission, will be paid into your Personal or Business Checking account.
3.5 By registering for the Services, you confirm that:
3.5.1 all account registration, profile information and content you provide is your own information and the content is truthful and accurate.
3.5.2 if you previously had an account with flaanation, your old account was not terminated or suspended by F.L.A.A Nation for violation of these Terms.
3.5.3 you will always when using the Service comply with our Content Guidelines; and
3.5.4 F.L.A.A Nation reserves the right, at any time, to verify the information which you provide to us as well as your compliance with these Terms and to suspend your account if it is unable to do so to its reasonable satisfaction.
3.5.5 F.L.A.A Nation may display your username and profile picture, if any.
3.6 You are fully responsible for all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and to immediately notify us at email@example.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
3.7 We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if you have violated any provision of these Terms.
3.8 YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF flaanation.
4. Subscriptions and Purchases
4.1 The charge on your bill will appear as "F.L.A.A Nation.Inc." To access a Creator’s content on flaanation, you must first add a payment method to your account and then click the 'Subscribe' button on that Creator’s profile. All purchases are final and non-refundable. However, you may cancel your subscription at any time by turning off the 'Auto-Renew' switch located under the relevant Creator’s profile or by contacting us at firstname.lastname@example.org, which will allow you to access the Creator’s profile until the end of the existing billing period, at which time you will lose access to the content and not be re-billed.
4.2 Depending on your use of the Services, the Payment Processor will take monthly payments or will take payments for ad hoc purchases such as each Member Interaction. However, as noted above, you may cancel the monthly payments at any time by turning off the 'Auto-Renew' switch located under the relevant Creator’s User Content profile or by contacting F.L.A.A Nation at email@example.com
4.3 F.L.A. A Nation will take payment of the Revenue from the Member and hold the Commission in flaanation’s capacity as the agent for the Creator. flaanation, through one of its Payment Processors, will remit funds attributable to the Creator, to the Creator, monthly. F.L.A.A Nation has the right to hold funds earned by the Creator for any reason, including investigation of excessive Chargebacks or possible fraudulent activities.
5.1 All purchases made via the Services are final and non-refundable. You are entitled to cancel any subscription, for any reason and at any time, thereby ensuring that you will not be billed again for that subscription.
5.2 If F.L.A.A Nation is alerted that a member has sought and received a Refund or Chargeback, F.L.A.A Nation will take additional actions. Any purchase of the right to view User Content or to use Member Interaction which is subsequently subject to a Refund or Chargeback may result in the User’s account being immediately and permanently excluded from flaanation. The Refund or Chargeback amount may, in flaanation’s sole discretion, be removed from the earning Creator's income. The Creator may be alerted to the Member Refund or Chargeback.
6.1 F.L.A.A Nation may allow Users to connect a Twitter account and to post auto-tweets. By using this feature, you must fully comply with and respect Twitter's Terms of Service, which can be read in full here: https://twitter.com/tos
7. Account Deactivation
7.1 If you are a User and wish to deactivate your F.L.A.A Nation account, please contact F.L.A.A Nation customer support at firstname.lastname@example.org to submit your deactivation request. We will deactivate your account within 3 working days after receiving your request.
7.2 If you are a Creator and wish to delete your account, you can send an email to email@example.com with a request for deletion. We will deactivate your account within 3 working days. “Legacy Content.” Locked content in messages will still be available for purchase to users that were sent the content prior to deletion. All earnings from Legacy Content will be paid to the Creator on the following payout cycle(s).
8. Intellectual Property Rights
8.1 The Services (less User Content) and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material obtained from the Services (e.g., User Content), except as follows:
8.2.1 your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
8.2.2 you may store files that are automatically cached by your Web browser for display enhancement purposes; and
8.2.3 notwithstanding anything to the contrary in these Terms, you can print still frames of User Content solely for your personal use, if you may not distribute such print outs commercially or for any other purpose inconsistent with these Terms.
8.3 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services, including, but not limited to User Content, in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
Any use of User Content in a manner not expressly authorized by these Terms may constitute copyright infringement, entitling F.L.A.A Nation and or the Creator to exercise all rights and remedies available to it under copyright laws around the world. You will be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition, and without prejudice to F.L.A.A Nation and/or the Creator’s other remedies under these Terms, you further agree that if you violate these Terms, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting User Content for any purpose without our express written consent - $3,000 for each day you engage in such violations. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our or the Creator’s ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute).
F.L.A.A Nation employs tracking technologies on the User Content uploaded via the Services to ensure and monitor compliance with these Terms. You understand and consent to the use of such tracking technologies, including, but not limited to the use of perceptual hashing technologies.
8.4 Other than as detailed herein, no right, title, or interest in or to the Services or any content on the Services, including, but not limited to User Content, is transferred to you, and all rights not expressly granted are reserved by us or our licensors. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
8.5 The F.L.A.A Nation name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
9.1 Subject to all the terms, conditions, limitations, and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sub licensable, non-exclusive, and limited license to user our Services and to download and install a single copy of the F.L.A.A Nation app on your desktop and mobile devices for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of the Services other than as expressly permitted by these Terms is prohibited. All rights not expressly granted herein are reserved by us and our licensors.
9.2 We do not warrant that the Services are compatible with all devices and operating systems. It is your sole responsibility to determine whether the Services are compatible with your device. From time to time we may make updates to the Services and will make such updates available through the website and/or applicable app store (Apple iTunes for iOS devices, or Google Play for Android devices).
10. Acceptable Use
10.1 We require that all Users respect and comply with our acceptable use policy, always, when using the Services.
10.2 You may not:
10.2.1 use the Services other than for your own lawful and personal use in accordance with these Terms, including our Content Guidelines.
10.2.2 impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity.
10.2.3 falsify account registration information or make unauthorized use of another's information or content.
10.2.4 copy, reproduce, distribute, modify, or create derivative works from, any portion of the Services without our express written permission.
10.2.5 remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own.
10.2.6 use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
10.2.7 decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of the Services.
10.2.8 interfere in any way with the operation of the Services or any server, network or system associated with the Services, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access;
10.2.9 use the Services for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app's availability, performance, or functionality, or for any other competitive purposes.
10.2.10 use any automated program, tool, or process (including without limitation, web crawlers, robots, bot's spiders, and automated scripts) to access the Services or any server, network or system associated with flaanation, or to extract, collect, harvest, or gather content or information from the Services; or
10.2.11 make any other use of the Services that violates these Terms or any applicable law.
10.3 Any User Content posted that is reported by another User or flaanation, and that is deemed unacceptable by flaanation, will be deleted and the User notified via email. Users who repeatedly violate our acceptable use policy may be deactivated.
11. User Content
11.1 By creating and publishing User Content on the Services, you are granting F.L.A.A Nation an exclusive license to publish all such User Content (as further detailed below). Further, you, via the Services, are authorizing your members to access and view (without downloading or copying) your User Content via the Services for their own lawful and personal use. You also represent, warrant, and undertake that:
11.1.1 you own, have a valid license to, or otherwise control all rights in and to your User Content.
11.1.2 to the extent your User Content includes or utilizes any third-party property, including, but not limited to likeness, you have secured all rights, licenses, consents, and releases that are necessary for the use of such third-party property in your User Content; and
11.1.3 your User Content is non-confidential and will be made available to your Members via the Services.
11.1.4 you will always Comply with the Content Guidelines.
11.2 If you submit, transmit, display, perform, post, or store User Content using the Services, you grant F.L.A.A Nation and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub licensable, exclusive (but only to the User Content), and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that F.L.A.A Nation and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service; and (c) register any such User Content with any United States or foreign copyright organization and/or office and enforce any rights in and to the User Content as and/or on behalf of the owner, whether registered or not.
11.3 You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
11.4 We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website. Further, to the furthest extent permitted by applicable law, you hereby agree that F.L.A.A Nation shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against F.L.A.A Nation for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY flaanation HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
11.5 Upon signing up as a Creator, you also agree to act as custodian of records for the User Content that you upload to the Services, and you agree that you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
11.6 If you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of F.L.A.A Nation in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, F.L.A.A Nation the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that F.L.A.A Nation chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against F.L.A.A Nation relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
11.7 Any questions regarding User Content can be addressed by emailing firstname.lastname@example.org
12.1 To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by flaanation, terminating the account of the User who published the content.
12.2 To notify us of claimed copyright infringement, please contact our customer support team by email at email@example.com – the Designated Agent.
12.3 Under the DMCA, a notification of claimed copyright infringement must include all the following:
12.3.1 a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12.3.2 identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
12.3.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the service provider to locate the material.
12.3.4 information sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
12.3.5 a statement that the complaining party 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
12.3.6 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12.4 If we remove or disable access to your User Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may submit a counter-notification in writing to our Designated Agent listed above.
12.5 A DMCA counter-notification must include all the following:
12.5.1 your physical or electronic signature.
12.5.2 identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
12.5.3 a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of which you are located and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
12.6 If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and may, subject to our rights hereunder, reinstate your User Content that was removed or disabled within 10 business days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.
12.7 Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
13. Linking to the Website and Social Media Features
13.1 You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
13.2 The Services may provide certain social media features that enable you to:
13.2.1 link from your own or certain third-party websites to certain content on the Website.
13.2.2 send emails or other communications with certain content, or links to certain content, on the Services.
13.2.3 cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
13.3 You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. However, you must not:
13.3.1 establish a link from any website that is not owned by you.
13.3.2 cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
13.3.3 link to any part of the Website other than the homepage; or
13.3.4 otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
13.4 You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
13.5 We may disable all or any social media features and any links at any time without notice at our discretion.
14. Links from the Services
14.1 If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites via links in the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. Referral Program
15.1 Every Creator with a F.L.A.A Nation account has a unique referral URL that allows them to earn income from any other Creator who signs up via their referral link. To ensure the referral is successful, the new Creator must register with the Services using the same browser that they used to click the referral link.
15.2 F.L.A.A Nation will pay Creator 5% of all total Revenue earned by the referred Creator during the first 12 months following the launch of the referred Creator’s F.L.A.A Nation page and the payment of this referred income is processed on the first calendar business day of each month. This referral income is deducted from the flaanation' fee and not from the income of the referred User, who continues to earn 80% commission on all Revenue.
15.3 For a User to be successfully added to another User's referral program, that user must sign up to F.L.A.A Nation via a unique referral URL. In no event will F.L.A.A Nation be liable to add a user to a referral account if that user has not signed up via the correct referral link.
16. Disclaimer of Warranties; Limitations of Liability
By using flaanation, you acknowledge and agree as follows:
16.1.1 To the fullest extent permitted by applicable law, the Services and all its functionality and features are provided AS IS and without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, express or implied, with respect to the Services and all its functionality and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness, completeness or reliability of the Services, or the results of your use of Services. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We also do not warrant or guarantee that F.L.A.A Nation and all its services and features will be available at any time or location; that the Services and all its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that the Services and all its functionality and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or any services or items obtained through the Services or to your downloading of any material posted on it, or on any website linked to it. Your use of the Services and its functionality and features will be solely and entirely at your own risk. the foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
16.1.2 F.L.A.A. Nation does not warrant or guarantee that use of the Services will be uninterrupted or error free twenty-four hours a day, seven days a week, since F.L.A.A Nation may need to carry our maintenance of the Services from time to time. However, F.L.A.A Nation will use its reasonable endeavors to carry out any such maintenance outside of business hours (including between 09:00 and 17:00 (USA PST time) and will endeavor to give reasonable notice where possible, however this may not always be possible.
16.1.3 in no event shall F.L.A.A Nation be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) the Services or any of its functions or features, nor shall F.L.A.A Nation be held liable in the event your User Content is illegally distributed by another User. Without limiting the foregoing, where such distribution does occur, please contact us at firstname.lastname@example.org as we are happy to take steps to prevent such distribution prospectively where we are able to do so; and
16.1.4 in no event shall our total and aggregate liability to you and/or others for all claims arising out of or related to your use of (or your inability to use) the Services or any of its functionality or features, exceed one hundred dollars sterling ($100.00). This does not affect any liability that cannot be excluded or limited under applicable law.
16.2 Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) the Services or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred dollars ($100.00).
17. User indemnification
17.1 By using the Services, you agree to indemnify and hold harmless flaanation, its affiliated companies and each of our third party providers, employees, agents, stockholders, officers, directors, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:
17.1.1 your use of the Services or any of its functions or features.
17.1.2 any User Content created, published, or otherwise made available on the Services by you.
17.1.3 any transaction or interaction between you and any other User of flaanation; and/or
17.1.4 your violation of these terms or any applicable law.
17.2 You agree to promptly notify F.L.A.A Nation of any third-party claim, and F.L.A.A Nation reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify flaanation, and you agree to cooperate with flaanation’s defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
18. Governing Law and Dispute Resolution
18.1 You and we agree that these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA (without regard to the conflict of law's provisions thereof) and that any dispute between you and us concerning F.L.A.A Nation or arising out of or related to these Terms shall be resolved exclusively in the courts of the State of Delaware, USA.
YOU AND flaanation AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
FURTHER, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
18.2 Except where prohibited by applicable law, any claim or cause of action by you concerning F.L.A.A Nation or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
19. Waiver, Severability and Assignment
19.1 No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
19.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
19.3 These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by F.L.A.A Nation without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
20.1 Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
21. Entire Agreement
21.1 The Terms constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
If you have any questions, comments, complaints, or concerns about F.L.A.A Nation and/or the Services, please contact our support team at email@example.com
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