The following describes the terms and conditions that Flexpub requires you to comply with when accessing and using the Flexpub website, our products, services, and any applications and other features that we make available. These terms and conditions apply to users of Flexpub who have a consumer account, which is the type of account that can be used to buy and access promotional Flexpub content through Flexpub services.

Summary

Here is a summary of some key points about our terms of service:

Any content that you purchase through Flexpub is for your own personal use and may not be shared with others, unless otherwise stated by us or the content provider from whom you purchased the content.

Any information that you provide to us is subject to our Consumer Privacy Policy, which governs our collection and use of your information.

Content provider websites are operated by the respective content providers and we are not responsible for any content that originates from such a website, even when that content is accessed through the Flexpub website.

You are responsible for any activity that occurs under your account, and you are responsible for safeguarding your user name and password.

You must be eighteen (18) years of age or older to use Flexpub.

If we determine that you have violated any of the terms and conditions of these terms of service or in other agreements that may be associated with your use of the service, we reserve the right to terminate your access to and use of the service.

We are extraordinarily responsive to your feedback, questions, and concerns, and we welcome you to email us anytime HERE.

The contents of this “Summary” section represent some highlights of the fully-detailed terms of service described below and are for convenience only and have no legal or contractual effect. We encourage you to read the full details below to gain a complete understanding of our terms of service.

Full Details

The following describes the terms and conditions that Flexpub, (“Flexpub,” “we,” “us,” or “our”) requires you to comply with when accessing and using the Flexpub website or any applications and other features that are available through the Website (collectively, the “Service”), for the purpose of previewing, buying and accessing Flexpub content.

By accessing and using the Service, you agree to be bound to the following terms and conditions (the “Agreement”). If you do not agree with these terms and conditions, you may not use the Service.

License

Flexpub hereby licenses, subject to the terms and conditions of this Agreement, a non-exclusive, non-sublicensable, non-assignable, fully revocable license to you for buying and accessing content through the Service and for no other purpose.

Buying Content

Flexpub enables you to purchase access to Content through the Service. Such payment methods are not directly processed by Flexpub.

Any Content that you purchase is for your own personal use and may not be shared with others, unless otherwise stated by us or the Content Provider from whom you purchased the Content.

Refund Policy

Refunds are available when the following three things have taken place:

You have experienced a problem accessing an item that you purchased through the Flexpub website.

You have notified us about the problem

We were not able to resolve the problem in a timely manner after you had notified us about it. If you experience a problem accessing a purchased item, email us HERE and we will respond quickly to resolve it. If we are unable to resolve it within 72 hours of being notified (“a timely manner”), you will be eligible for a refund. Most issues can be resolved within 24 hours, and we encourage you to email us as soon as you experience a problem to ensure that it is resolved as quickly as possible.

Passwords

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use a password that contains a combination of letters, numbers, and symbols. You agree that we cannot be liable for any loss or damage arising from your failure to comply with the above requirements.

Privacy

Any information that you provide to us is subject to the Flexpub Consumer Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Service, you consent to the collection and use of this information, as set forth in the Flexpub Consumer Privacy Policy.

As part of providing the Service to you, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your Flexpub account, and you may not be able to opt out from receiving them.

Copyright Policy

We respect the intellectual property rights of others and expect users of the Service to do the same. You must have the right to use any and all content that you use on the Service. Any content that is found to not fall within your rights is subject to removal, and we cannot be held liable for such an offense.

We will respond to notices of alleged copyright infringement that comply with applicable law and that are properly provided to us pursuant to the Digital Millennium Copyright Act and in accordance with the descriptions in the Flexpub Copyright Policy.

Links

This Website may contain links to third-party websites. Your access and use of such third-party websites shall be governed by the terms, conditions, and policies of those websites. You agree that we are not responsible or liable for (i) the accuracy or availability of those websites; or (ii) the content, advertisements, products, or services on or available from those websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Content Provider Websites

Content Provider websites are operated by the respective Content Providers and we are not responsible for any Content that originates from such a website, even when that Content is accessed through the Flexpub website. We reserve the right to block access to or remove Content that we determine, in our sole discretion, to be unlawful, obscene, defamatory, indecent, harassing, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise unacceptable to us in accordance with the normal standards of the Service.

Proprietary Rights

We shall have all right, title, and interest in and to the Flexpub website, our domain names, logos, trademarks, and other marks, and any and all of our intellectual property and derivative works thereto, and you shall acquire no rights therein.

Representations and Warranties

You represent and warrant that (i) you have the right to enter into this Agreement and perform your obligations hereunder in the manner contemplated by this Agreement; (ii) this Agreement shall not conflict with any other agreement entered into by you; and (iii) any you are eighteen (18) years of age or older. You shall indemnify, defend and hold us, our officers, directors, employees, agents, and assignees harmless against all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by us that arise out of any claim asserted by a third party that involves, relates to or concerns a breach by you of (a) any of your representations, warranties, or covenants under this Agreement, or (b) the infringement by you of any copyright, trademark, patent, or other personal or proprietary right of a third party.

Disclaimer of Warranty:

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE, AND WE HEREBY SPECIFICALLY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, CONTENT OFFERED THROUGH THE SERVICE OR ON A CONTENT PROVIDER’S WEBSITE, OR INFORMATION THEREON OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability:

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THIS AGREEMENT. THESE LIMITATIONS INCLUDE BUT ARE NOT LIMITED TO CONTENT THAT IS OFFERED THROUGH THE SERVICE OR ON A CONTENT PROVIDER’S WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.

Exclusions:

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for certain damages, so only the limitations above that are lawful in your jurisdiction will apply to you.

Violation and Termination

If we determine that you have violated any of the terms in this Agreement or in other agreements that may be associated with your use of the Service, we may, in our sole discretion and without prior notice, terminate your access to and use of the Service.

Entire Agreement

This Agreement contains the entire understanding between you and Flexpub relating to its subject matter and supersedes all prior or contemporaneous written or oral agreements, representations, understandings and/or discussions between you and us relating thereto.

If any provision of this Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of the Agreement, or the application of such provision in other circumstances, shall not be affected thereby, and each provision shall be valid and enforced to the fullest extent permitted by law.

This Agreement shall be governed by and construed under the laws, and only in the state and federal courts of the State of Massachusetts. You agree to waive any objections to the jurisdiction or venue of such courts.

The Service is controlled and operated by Flexpub in the United States, and we do not represent that materials of the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The section titles in this Agreement are for convenience of reference only and shall have no legal or contractual effect.

Modifications

Technologies, rules, and regulations change often, so we must make modifications occasionally (like most companies) to reflect these changes. We may change, modify, add, or remove any of the terms and conditions contained in this Agreement at any time and in our sole discretion. If a change, in our sole discretion, is significant, we shall send written notice to you by email, and the change shall become effective five business days after written notice has been sent. Your continued use of the Service following the sending of a notice will constitute your binding acceptance of the change. Notices will be deemed sent after having been sent by email. You consent to receive notices by email to the email address that is associated with your account, and you agree that any such notices that we send to you electronically will satisfy any legal communication requirements.

Contacting Us

If you have any questions or concerns regarding the terms of this Agreement, please contact us in writing HERE.

This Privacy Policy describes Flexpub's policies and procedures regarding the collection, use, disclosure, and protection of your information. This Privacy Policy applies to users of Flexpub who have a consumer account, which is the type of account that can be used to buy and access digital content through the Flexpub service.

Summary

Protecting your privacy is a top priority of ours, as is evidenced by many of our features for Flexpub consumer accounts. Here is a summary of some key points about our privacy policy:

We neither rent nor sell your information to anyone.

We do not share your personally-identifiable information with any third parties, unless we are obligated to do so for purposes such as governmental or law enforcement requests. We use industry-standard methods to secure your information on our servers, including using technologies such as Secure Sockets Layer (SSL) encryption.

We do not collect or store your payment information that you use to pay for content through Flexpub. Your payments are handled by a third party payment processor such as Stripe, and they never pass through our servers.

We are extremely responsive to your questions and concerns, and we welcome you to email us anytime HERE.

The contents of this “Summary” section represent some highlights of the fully-detailed privacy policy described below and are for convenience only and have no legal or contractual effect. We encourage you to read the full details below to gain a complete understanding of our policies and procedures.

Full Details

This Privacy Policy describes Flexpub’s policies and procedures regarding the collection, use, disclosure, and protection of your information by Flexpub (“Flexpub,” “we,” “us,” or “our”) through the Flexpub website, APIs, products, services (including but not limited to the Flexpub Service, as described below), and third parties that integrate with us (the “Service”). When using any part of the Service, you consent to the collection, storage, transfer, disclosure, manipulation, and other uses of your information as described in this Privacy Policy.

The information discussed in this Privacy Policy includes personally-identifiable information, which is information about you that can be used to contact or identify you as defined by applicable privacy or data protection legislation (“Information”). Regarding the specific pieces of Information mentioned in this Privacy Policy, the Information may include, but is not limited to, what is mentioned here. Irrespective of which country that you reside in or create information from, your information may be used by Flexpub in the United States or any other country where we operate.

Information Collected Upon Registration

When you register with us and create a new Flexpub account, we typically only collect your email address. We collect your email address when you either enter it in the registration form or connect with a third-party web service (such as Facebook). We keep a record of your email address and password so that you may continue to log in with them, and your password is stored using one-way encryption which means that it can’t be unencrypted by any means (this is appropriate for passwords and is a standard practice for them).

We may collect and store your name after you have made a purchase through the Flexpub website, in which case we may address you by that name in emails that we send to you and in certain places on The Flexpub website when you are logged in to your account. Doing this provides you with a more personalized experience as a user of Flexpub.

Information We Track

Log Files — Similar to many websites and internet services, we collect certain information and store it in web server log files. This information includes internet protocol addresses (IP addresses), internet service provider (ISP), website entry and exit pages, operating system, browser version, date and time of usage, and clickstream data. We use this information for the following two purposes:

To improve our site, analyze trends, administer the site, and gather aggregate information about our user base so we can better understand how people are using the Service and to make improvements based on those understandings. Information for these purposes is used on an anonymous basis and does not include individual user identities (it does not include your personally-identifiable information). To help fix problems that our users encounter during their use of the Service. We do this by tracking a problem back to the particular user that encountered it and reviewing the actions that they took which caused the problem. This process allows us to not only solve the problem for the particular user but to also prevent the same problem from happening again with others. Information for these purposes includes individual user identities so that a problem can be accurately associated with a particular user.

Cookies — Through the Service, just like many other applications and websites on the internet, we utilize a standard technology called “cookies” to collect information about usage and to also create a method of identifying a user for authentication purposes in order to help ensure that a user’s appropriate data and access rights are provided to them throughout their usage of the Service. Cookies are designed to help determine that a particular user has visited a website or used a particular web product or service previously, and thus to save and remember any particular settings, permissions, and preferences that may have been compiled. Cookies also allow a user to log in to a website without needing to go through a traditional log in process of typing in a user name and password. A cookie is a file that is sent to your browser, and it does not retrieve any other data from your computer or web-enabled device.

Even though you have the ability to modify your browser settings to either accept all cookies, only some cookies, or no cookies, it may not be possible to utilize, or to utilize fully, the Service if you do not accept cookies from us. We have developed other methods that work in the absence of third-party cookies, but the most seamless experience is available when using cookies, and for this reason we encourage you to accept cookies from Flexpub.com.

Third-Party Tracking — For purposes similar to what is described in the “Log Files” section above, we may use third-party tracking services (an example of which is Google Analytics) to provide usage data and analytics. The data use practices of third parties are outside the coverage of this Privacy Policy.

Information Sharing and Disclosure with Third Parties

We neither rent nor sell your Information to anyone. From time to time, we may share anonymous, non-personal, non-identifiable, aggregate information about our user base with partners or other parties, and we may publish these aggregate usage statistics on our website or elsewhere on the internet for the interest of our users, potential users, or the internet community in general. This information is not linked to any individual user and is represented as anonymous data.

In some cases, we allow you to access or connect to third-party web services through the Service. For example, you can connect a web account such as Facebook for several purposes, including but not limited to registering a Flexpub account or sharing content that you’ve purchased through Flexpub. You can also pay for content with a third-party service like PayPal. We do not store your third-party account information in any of these cases, but those third-party services have their own policies about the collection and use of your information that are outside the coverage of this Privacy Policy.

Compliance with Laws and Law Enforcement — We may disclose your Information when we have a good faith belief, in our sole discretion, that doing so is necessary or appropriate to (i) comply with any law, regulation, legal process, or enforceable governmental request; (ii) enforce this Privacy Policy, including investigation of potential violations of The Flexpub Consumer Terms of Service; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; or (iv) protect against harm to the rights, property, or safety of Flexpub, its users, or the public as is required or permitted by law.

Business Transfers — In the event that Flexpub is involved in a merger, acquisition, reorganization, bankruptcy, or sale of assets, your Information may be sold or transferred to a third party as part of that transaction. At that time, your Information may become subject to that third party’s privacy policy. We would notify you in advance of such an event by sending you an email or by posting a notice to the Flexpub.com user interface that you would see when logged in to your account.

Cross-State or International Transfer

Your Information may be transferred to, and maintained on, computers or servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, we may transfer your Information to the United States or other countries where we or our affiliated companies and third-party service providers maintain facilities. Your use of the Service or submission of such Information represents your agreement to that transfer.

Security

We employ several layers of security measures that are designed to safeguard and protect your Information from unauthorized access and disclosure, including encrypting your communication to and from Flexpub servers through the Service by utilizing technologies such as Secure Sockets Layer (SSL) and Transport Layer Security (TSL) encryption.

Please be aware that no security measure is immune to online attacks or attempts of evasion. We cannot control the actions of other users with whom you share your Information, and there is no guarantee that your Information may not be accessed, disclosed, altered, or destroyed by a breach of any of our security measures. You are able to reduce these risks by choosing a strong password (one that is at least 8 characters long, uses a combination of letters and numbers, uses a mix of lowercase and uppercase letters, and does not include personal information); not using the same password for Flexpub as you use for different accounts; using up-to-date antivirus, anti-malware, and anti-spyware software; and installing operating system and browser updates.

We will make any legally required disclosures to you regarding any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Information (as defined in applicable state, provincial, and federal statutes on security breach notification) in a manner consistent with applicable law.

Information We Store after an Account is Closed

Due to the fact that financial transactions are a large part of our business, upon closing a Flexpub account we continue to store all information in our records in case it is needed in the future for legal or financial purposes (e.g., a law enforcement agency requests information about a former user’s account). This is the only purpose of keeping a record of a closed account, and we never share it with any outside parties unless we are ordered to do so by a government or law enforcement agency.

Information We Do Not Collect

Payment information — We do not collect your payment information (e.g., your PayPal account’s login information, or your credit card number) that you use to pay for content through Flexpub. Your payment information is not transferred through our servers because the payments are processed by a third party payment processor such as PayPal or Amazon Payments.

Underage users — As explained in The Flexpub Coop Consumer Terms of Service, you must be eighteen (18) years of age or older to use Flexpub’s products or services. Therefore, we do not knowingly collect Information about underage users, including children. Additionally, in accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Flexpub will never knowingly solicit, nor will we accept, Information from users known to be under thirteen (13) years of age. If you believe that we have information from or about anyone under thirteen (13) years of age, please notify us via email HERE.

General Notes

From time to time, we may send our users an email about new developments that we’re working on. These new developments are always centered on increasing the value of the Service that we provide. We will not market something to our users that we have not carefully considered and identified as having potential to add value for them.

The section titles in this Privacy Policy are for convenience of reference only and shall have no legal or contractual effect.

Modifications

From time to time, we will review and may make changes to this Privacy Policy. If a change, in our sole discretion, is significant, we will notify you either by email. The most recent version of our Privacy Policy is always located on this same webpage. Your continued use of the Service following any changes constitutes your acceptance of those changes.

Contacting Us

If you have any questions or concerns regarding this Privacy Policy, please contact us in writing HERE.

The following describes the terms and conditions under which you may use our software and services. For this purpose, Flexpub (“Flexpub,” “we,” “us,” or “our”) provides individual and group service websites to content providers who wish to promote or sell their product(s) to consumers using the Service (“Content Provider,” or “you”).

Your use of the Service in any manner signifies your agreement to these terms and conditions as a prerequisite to you signing up for and using the Service. These terms and conditions form a legally binding agreement between you and us regarding your use of the Service.

By using the Service, you accept the following terms, conditions, and policies (collectively, the “Agreement”).

License

You hereby grant us, subject to the terms and conditions of this Agreement, a non-exclusive, non-sublicensable, non-transferable, worldwide, fully revocable license to reproduce and display your Product and Content for the sole purpose of displaying your content or otherwise distributing your Product by way of Service (the “License”).

Your Product

You represent and warrant that you own, control or have been duly licensed the necessary rights for any Product that you provide to and by way of the Service. You are solely responsible for any Product you make available via the Service, and retain any and all rights not specifically granted to Flexpub hereunder. Your grant of rights to Flexpub hereunder is not exclusive unless otherwise explicitly agreed by the parties. You hereby affirm that your Product does not and will not infringe upon the copyright, trademark or other legal rights of any third-party rights holders. You hereby affirm that you have the legal right to distribute any Product that you distribute via our Service in any jurisdiction where such Product is distributed, and that you shall bear the full legal and financial responsibility for any infringement you cause upon any third party’s rights. Your Product must not contain material that is unlawful, obscene, defamatory, indecent, harassing, threatening, invasive of privacy or publicity rights, or, in our sole judgment, otherwise harmful or inappropriate. We retain the right to remove any Product at any time for any reason whatsoever, and will do our best to resolve any issues regarding your Product with you before removing it.

You agree that the statements in your Product will be accurate, and you will refrain from using the Service in a manner that is in any way misleading to Consumers who access your Product via or as a result of the Service.

Service Guarantees

Flexpub does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your or third party equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond Flexpub’s (or its wholly owned subsidiaries’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Flexpub or any third party servers are located or co-located.

Geographic Restrictions

You understand that your use of the Service implicitly enables and allows people and businesses worldwide to view, link to, and share your Product solely as permitted by and through the Service. We may allow you to limit the distribution of your Product to specific geographic locations. We will use the method of our choosing to do so, and make reasonable efforts to determine a Consumer’s geographic location, to the extent possible given our technologies.

Data

You agree that Flexpub has the right to access and use any and all data gathered by the Service in the process of fulfilling the Service’s purpose, and that such data may or may not be stored in a form that is accessible to you. Flexpub agrees that any collection of such data will be subject to the terms of our Privacy Policy. We encourage you to review and thoroughly understand our Privacy Policy, which may be updated from time to time. As Flexpub service allows content owners access to all user information collected, you agree that any such communications, and your use of any such information provided to you, shall be governed by the terms of our Privacy Policy. You represent and warrant that any and all of your communications with Consumers will be in compliance with any and all local, state and federal laws or regulations governing such communications (including but not limited to the CAN-SPAM Act), and that you are solely responsible for ensuring such compliance and understanding such laws or regulations.

We may use non-attributable aggregated data for marketing purposes, analytical and development purposes, and to the extent possible will make this information available to you. We will never sell information about you, your Content or your Product(s), and will use such information only for the purposes of improving the Service and increasing the visibility of your and similar Products.

Proprietary Rights and Brand Licenses

Ownership:

We shall have all right, title, and interest in and to our domain names, logos, trademarks, and other marks (our “Brands”), and any and all of our intellectual property and derivative works, and you will not acquire any rights therein. You will cooperate with respect to perfecting any and all of our intellectual property rights.

Trademarks:

Other than the rights expressly set forth in this Agreement, each party retains all of its rights to its respective Brands. All benefits and rights from the use of the licensor’s Brands by the licensee will inure to the licensor. Without limiting either party’s rights and remedies, in the event that the licensor notifies the licensee of any incorrect usage of the licensor’s Brands, the licensee must promptly correct such usage as directed by the licensor.

Restrictions:

Each party agrees to not disparage the other or the products or services that they provide.

You must not use our Brands in any manner which in our reasonable judgment may diminish or otherwise damage Flexpub’s or Flexpub’s licensors goodwill in our Brands, including, not but limited to, uses which could be deemed unlawful or which purpose is to encourage unlawful activities.

You must not use any methods of promoting the Service that are unlawful in any manner, including, without limitation, the sending of infringing content, bulk commercial electronic messages or “spam.” You must not send any viruses, worms, bots or any other attachments and/or files of any kind other than those lawfully authorized.

You agree that you will not yourself, or through any parent, subsidiary, affiliate, agent, or other third party: sell, lease, license, sublicense, encumber, or otherwise deal with any portion of The Flexpub Service or other Flexpub code, nor decompile, disassemble, or reverse engineer any portion of The Flexpub Service or other Flexpub code, nor may you create any derivative work based on The Flexpub Service or other Flexpub code, nor may you allow the transfer, transmission, export, or re-export of any Flexpub Service or other Flexpub code or portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, OFAC or any other government agency.

We may create limits on use and file storage at our sole discretion, in which case we will notify you in advance of when such a policy will go into effect.

Confidential Information

Definition of Confidential Information:

Each party acknowledges that by reason of our relationship under this Agreement, either party may from time to time disclose information regarding their business, products, software technology, or other proprietary information that is confidential and of substantial value to the other party, which value would be impaired if such information were disclosed to third parties (“Confidential Information”).

Protection of Confidential Information:

Each party agrees that it will not use in any way for its own account or the account of any third party, nor disclose to any third party, any Confidential Information revealed to it by the other party. Specifically, you must not use any Confidential Information of ours, including, but not limited to, any Consumer personal data or network data, except as expressly needed to perform your obligations under the terms of this Agreement, or as required to comply with any applicable legal authority or laws. Each party will take every reasonable precaution to protect the confidentiality of the other party’s Confidential Information.

Exclusions:

Confidential Information will not include information which (i) becomes a part of the public domain through no act or omission of the receiving party; (ii) was in the receiving party’s lawful possession prior to the disclosure and had not been subject to limitations on disclosure or use, as shown by the receiving party’s files existing at the time of disclosure; (iii) is independently developed by the receiving party by persons who have not had access to the Confidential Information of the disclosing party; or (iv) is lawfully disclosed hereafter to the receiving party, without restriction, by a third party who did not acquire the information directly or indirectly from the disclosing party.

Passwords

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree that we cannot be held responsible for any loss or damage arising from your failure to comply with the above requirements.

Privacy

Any information that you provide to us is subject to The Flexpub Content Provider Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Service, you consent to the collection and use of this information, as set forth in The Flexpub Content Provider Privacy Policy. As part of providing the Service to you, we may need to communicate with you, by sending service announcements and administrative messages. These communications are considered part of the Service and your Flexpub account, and you may not be able to opt out from receiving them.

Copyright Policy

We respect the intellectual property rights of others and expect users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and that are properly provided to us pursuant to the Digital Millennium Copyright Act and in accordance with the descriptions in our Flexpub Copyright Policy.

Third-Party Website Links, Websites, and Services

The Service may contain links to third-party websites, advertisers, services, or special offers (“Links”) that are not owned or controlled by Flexpub. Your access and use of such Links shall be governed by the terms, conditions, and policies of those websites. Flexpub does not endorse such Links, and you agree that we are not responsible or liable for (i) the accuracy or availability of those Links; or (ii) the content, advertisements, products, or services on or available from those Links. You acknowledge sole responsibility for and assume all risk arising from your use of any such Links.

Representations and Warranties

You represent and warrant that (i) you have the right to enter into this Agreement and perform your obligations under this Agreement in the manner contemplated by this Agreement; (ii) if you enter into this Agreement on behalf of a natural person, company or other legal entity, you have the authority to bind that entity and your acceptance of this Agreement will be treated as acceptance by that entity; (iii) this Agreement does not conflict with any other agreement entered into by you; (iv) you own (or have been duly licensed) all of the necessary rights in your Brands, Products and Content; (v) any person or persons who represent you and utilize the Service are eighteen (18) years of age or older and (vi) you are solely responsible for the actions of any such person or any other entity to whom you provide your account credentials. If any of these representations and warranties fail to be true, we may block access to or remove your Content and/or Showcase from the Service, and/or terminate this Agreement (pursuant to the “Term and Termination” section). You agree to indemnify, defend and hold us, our officers, directors, employees, agents, and assignees harmless against all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by us that arise out of any claim asserted by a third party that involves, relates to or concerns a breach by you of (a) any of your representations, warranties, or covenants under this Agreement, or (b) the infringement by you of any copyright, trademark, patent, or other personal or proprietary right of a third party.

Disclaimer of Warranty:

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE, AND WE HEREBY SPECIFICALLY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, OR INFORMATION THEREON OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability:

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE NET REVENUES RECEIVED BY US FROM YOUR HAVING CONTENT ON THE SERVICE DURING THE 12-MONTH PERIOD PRECEDING THE DATE THAT THE CAUSE OF ACTION AROSE.

Entire Agreement

This Agreement, as amended from time to time, contains the entire understanding between you and Flexpub relating to its subject matter and supersede(s) all prior or contemporaneous written or oral agreements, representations, understandings, and/or discussions between you and us relating thereto, unless otherwise agreed upon by us in writing (and not withstanding any other provision of this Agreement). You may not assign this Agreement without our prior written consent.

The failure of either party at any time to require performance by the other of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of this Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of the Agreement, or the application of such provision in other circumstances, shall not be affected thereby, and each provision shall be valid and enforced to the fullest extent permitted by law.

This Agreement shall be governed by and construed under the laws, and only in the state and federal courts of the State of Massachusetts. Each party consents to the exclusive personal jurisdiction, and waives any objections to the venue of such courts.

The Service is controlled and operated by Flexpub in the United States, and we do not represent that materials of the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The section titles in this Agreement are for convenience of reference only and have no legal or contractual effect.

Termination

Term:

This Agreement shall come into effect upon your use of the Service(s) described therein, and will end when terminated by either party in accordance with the terms that are specified in this Agreement.

Termination:

Either party may terminate this Agreement at any time for any reason. To initiate termination, we will notify you by sending an email, and you must notify us either by sending an email to us HERE.

Effect of Termination:

Upon the termination of this Agreement for any reason, you must discontinue all use of the Service, and each party must discontinue all uses of the other’s domain names, logos, trademarks, and other marks or Brands, and any and all of our intellectual property in connection with this Agreement.

We have the right to retain a copy of your Product and Content after your account is terminated for any reason.

Survival of Certain Provisions:

The rights and obligations in the following sections and any obligations to send amounts due and owing prior to termination shall survive termination or expiration of this Agreement: “Data,” “Proprietary Rights and Brand Licenses,” “Representations and Warranties,” “Confidential Information,” “Payments for Product Sales” and “Entire Agreement.”

Modifications

Technologies, rules, and regulations change often, so we must occasionally make modifications to reflect these changes. We may change, modify, add, or remove any of the terms and conditions contained in this Agreement at any time and in our sole discretion. If we deem a change significant, we will send written notice to you by email, and such change will become effective five (5) business days after written notice has been sent. Your continued use of the Service following the sending of a notice will constitute your binding acceptance of any change. Notices will be deemed sent after having been sent by email to the email address that is associated with your account, and you agree that any such notices that we send you electronically will satisfy any legal communication requirements. If we send a notice by email, and if the email bounces back, the notice will still be deemed sent.

Contacting Us

If you have general questions or concerns regarding the terms of this Agreement, please contact us HERE.

This Privacy Policy describes Flexpub’s policies and procedures regarding the collection, use, disclosure, and protection of your information. This Privacy Policy applies to users of Flexpub who have a publisher account, which is the type of account that can be used to sell and manage access to digital content through the Flexpub service.

Summary

Protecting your privacy is a top priority of ours. Here is a summary of some key points about our privacy policy:

We neither rent nor sell your information to anyone.

We do not share your personally-identifiable information with any third parties, unless we are obligated to do so for purposes such as governmental or law enforcement requests, or if we are contractually obligated to do so (such as in the case that your information is needed by a third party in order to process a disbursement of your earnings to you).

We use industry-standard methods to secure your information on our servers, including using technologies such as Secure Sockets Layer (SSL) encryption.

We are extremely responsive to your questions and concerns, and we welcome you to email us anytime HERE.

The contents of this “Summary” section represent some highlights of the fully-detailed privacy policy described below and are for convenience only and have no legal or contractual effect. We encourage you to read the full details below to gain a complete understanding of our policies and procedures.

Full Details

This Privacy Policy describes Flexpub’s policies and procedures regarding the collection, use, disclosure, and protection of your information by Flexpub (“Flexpub,” “we,” “us,” or “our”) through The Flexpub website, APIs, products, services (including but not limited to the Flexpub Service, as described below), and third parties that integrate with us (the “Service”). When using any part of the Service, you consent to the collection, storage, transfer, disclosure, manipulation, and other uses of your information as described in this Privacy Policy.

The information discussed in this Privacy Policy includes personally-identifiable information, which is information about you that can be used to contact or identify you as defined by applicable privacy or data protection legislation (“Information”). Regarding the specific pieces of Information mentioned in this Privacy Policy, the Information may include, but is not limited to, what is mentioned here. Irrespective of which country that you reside in or create information from, your information may be used by Flexpub in the United States or any other country where we operate.

Information We Track

Log Files — Similar to many websites and internet services, we collect certain information and store it in web server log files. This information includes internet protocol addresses (IP addresses), internet service provider (ISP), website entry and exit pages, operating system, browser version, date and time of usage, and clickstream data. We use this information for the following two purposes:

To improve our site, analyze trends, administer the site, and gather aggregate information about our user base so we can better understand how people are using the Service and to make improvements based on those understandings. Information for these purposes is used on an anonymous basis and does not include individual user identities (it does not include your personally-identifiable information).

To help fix problems that our users encounter during their use of the Service. We do this by tracking a problem back to the particular user that encountered it and reviewing the actions that they took which caused the problem. This process allows us to not only solve the problem for the particular user but to also prevent the same problem from happening again with others. Information for these purposes includes individual user identities so that a problem can be accurately associated with a particular user.

Cookies — Through the Service, just like many other applications and websites on the internet, we utilize a standard technology called “cookies” to collect information about usage and to also create a method of identifying a user for authentication purposes in order to help ensure that a user’s appropriate data and access rights are provided to them throughout their usage of the Service. Cookies are designed to help determine that a particular user has visited a website or used a particular web product or service previously, and thus to save and remember any particular settings, permissions, and preferences that may have been compiled. Cookies also allow a user to log in to a website without needing to go through a traditional log in process of typing in a user name and password. A cookie is a file that is sent to your browser, and it does not retrieve any other data from your computer or web-enabled device.

Even though you have the ability to modify your browser settings to either accept all cookies, only some cookies, or no cookies, it may not be possible to utilize, or to utilize fully, the Service if you do not accept cookies from us. We have developed other methods that work in the absence of third-party cookies, but the most seamless experience is available when using cookies, and for this reason we encourage you to accept cookies from Flexpub.

Third-Party Tracking — For purposes similar to what is described in the “Log Files” section above, we use third-party tracking services (an example of which is Google Analytics) to provide usage data and analytics. The data use practices of third parties are outside the coverage of this Privacy Policy.

Information Sharing and Disclosure with Third Parties

We neither rent nor sell your Information to anyone. From time to time, we may share anonymous, non-personal, non-identifiable, aggregate information about our user base with partners or other parties, and we may publish these aggregate usage statistics on our website or elsewhere on the internet for the interest of our users, potential users, or the internet community in general. This information is not linked to any individual user and is represented as anonymous data.

As stated in The Flexpub Coop Content Provider Terms of Service, we may use your brands (domain names, logos, trademarks, and other marks) in product brochures, financial reports and prospectuses, case studies, or on our website, indicating that you are an affiliate of ours. The purpose of this usage would be for promoting Flexpub as a successful service for brands like yours to use, and the intent would generally be to display your brands in a positive light. A link to your website(s) may also be included in some cases.

Compliance with Laws and Law Enforcement — We may disclose your Information when we have a good faith belief, in our sole discretion, that doing so is necessary or appropriate to (i) comply with any law, regulation, legal process, or enforceable governmental request; (ii) enforce this Privacy Policy, including investigation of potential violations of The Flexpub Content Provider Terms of Service; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; or (iv) protect against harm to the rights, property, or safety of Flexpub, its users, or the public as is required or permitted by law.

Business Transfers — In the event that Flexpub is involved in a merger, acquisition, reorganization, bankruptcy, or sale of assets, your Information may be sold or transferred to a third party as part of that transaction. At that time, your Information may become subject to that third party’s privacy policy. We would notify you in advance of such an event by sending you an email.

Security

We employ several layers of security measures that are designed to safeguard and protect your Information from unauthorized access and disclosure, including encrypting your communication to and from The Flexpub servers through the Service by utilizing technologies such as Secure Sockets Layer (SSL) and Transport Layer Security (TSL) encryption.

Please be aware that no security measure is immune to online attacks or attempts of evasion. We cannot control the actions of other users with whom you share your Information, and there is no guarantee that your Information may not be accessed, disclosed, altered, or destroyed by a breach of any of our security measures. You are able to reduce these risks by choosing a strong password (one that is at least 8 characters long, uses a combination of letters and numbers, uses a mix of lowercase and uppercase letters, and does not include personal information); not using the same password for Flexpub as you use for different accounts; using up-to-date antivirus, anti-malware, and anti-spyware software; and installing operating system and browser updates.

We will make any legally required disclosures to you regarding any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Information (as defined in applicable state, provincial, and federal statutes on security breach notification) in a manner consistent with applicable law.

Information We Do Not Collect

Underage users — As explained in The Flexpub Content Provider Terms of Service, you must be eighteen (18) years of age or older to use Flexpub’s products, services, or the Flexpub website. Therefore, we do not knowingly collect Information about underage users, including children. Additionally, in accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Flexpub will never knowingly solicit, nor will we accept, Information from users known to be under thirteen (13) years of age. If you believe that we have information from or about anyone under thirteen (13) years of age, please notify us via email HERE.

General Notes

From time to time, we may send our users an email about new developments that we’re working on. These new developments are always centered on increasing the value of the Service that we provide. We will not market something to our users that we have not carefully considered and identified as having potential to add value for them.

The section titles in this Privacy Policy are for convenience of reference only and shall have no legal or contractual effect.

Modifications

From time to time, we will review and may make changes to this Privacy Policy. If a change, in our sole discretion, is significant, we will notify you by email. The most recent version of our Privacy Policy is always located on this same webpage. Your continued use of the Service following any changes constitutes your acceptance of those changes.

Contacting Us

If you have any questions or concerns regarding this Privacy Policy, please contact us in writing HERE.

Flexpub respects the intellectual property rights of others and expects users of our services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and that are properly provided to us.

Copyright Infringement Notifications:

If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information in writing, pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”):

Identification of the copyrighted work that you claim has been infringed upon.

Details of where the material that you claim is infringing is located (such as a webpage address).

Your contact information, including your full name, postal address, telephone number, and email address.

A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Use the following contact details to send the above information to Flexpub’s designated copyright agent for notice of claims of copyright infringement on our services:

Regular Mail:

Flexpub
Attn: Copyright Agent
30 Holt Street
Belmont, MA 02478

Email: support{{$siteSettings['site_name']}}.com

Important Notes:

Any person who knowingly materially misrepresents that material or activity is infringing is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider, under Section 512(f) of the DMCA. The information provided in a notice of alleged copyright infringement may be forwarded to the person who provided the allegedly infringing content.

We reserve the right to remove content that is alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we may terminate a user’s account if they are determined to be a repeat infringer.

Counter Notifications:

If you have been notified by us about a specific piece of content being alleged as infringing, and if you wish to claim that the content is not infringing, you may file a counter notification with us. To do this, you must provide us with the following information in writing, pursuant to Section 512(g)(1) of the DMCA:

Identification of the item(s) that Flexpub has removed or to which

has disabled access (including details of where it was located, such as a webpage address)

Your contact information, including your full name, postal address, telephone number, and email address

A statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Flexpub may be found

A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled

A physical or electronic signature by you

Important Notes:

Any person who knowingly materially misrepresents that material or activity is infringing is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider, under Section 512(f) of the DMCA. Filing a counter notification may lead to legal proceedings between you and the complaining party to determine ownership.

The information provided in a counter notice may be forwarded to the party who submitted the original claim of copyright infringement. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant.

If within 10 business days after we receive the counter notification we are notified by the party who submitted the original claim of copyright infringement that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material in question, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

In appropriate circumstances, we may terminate a user’s account if they are determined to be a repeat infringer.