Terms of Service | Flat Channels

Version 1.0 Last Updated on April 29, 2011

These terms and conditions (the "Terms of Service") govern your access to and use of Flat Channels websites and mobile applications that link to or reference these Terms of Service (collectively, the "Service"). By accessing or using the Service, you are agreeing to these Terms of Service and concluding a legally binding contract with Flat Channels! Inc. ("Flat Channels"). Do not access or use the Service if you are unwilling or unable to be bound by the Terms of Service.

Definitions
1. Parties
  
  "You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. "We", "us", and "our" refer to Flat Channels, a subsidiary of Firmity LLC.
2. Content
  
  "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Flat Channels Content" means Content that we create and make available in connection with the Service. "Third Party Content" means Content that originates from parties other than Flat Channels or its users, which is made available in connection with the Service. "Site Content" means all of the Content that is made available in connection with the Service, including Third Party Content and Flat Channels Content.
Changes to the Terms of Service

We may modify the Terms of Service from time to time upon Service scope change or without any reason. When changes are made, we will make the version and the last updated date available at the top of this page to notify you the occurance of the changes. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.
Using the Service
1. Eligibility
  
  To access or use the Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.
2. Permission to Use the Service
  
  We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is inaccurate, out of date, or otherwise inappropriate.
3. Site Availability
  
  The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
4. User Accounts
  
  You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
  1. A "Personal Account" is an account for your personal, non-commercial use only. Currently this is the only type of account we offer. In creating a Personal Account, we ask that you provide some necessary personal information that the Service needs. You must provide true and accurate information about yourself to bolster your credibility as a consumer of and contributer to the Service. You may not use identity of someone else (e.g. a friend, neighbor, celebrity, colleague) or fake information to create a account, or create multiple Personal Accounts. You may not use any account other than your own to access our service.
  2. A "Business Account" is an account to be used solely for the purpose of representing your business in connection with the Service. This type of account is not available as of today. When it is available in the future, this document will be updated to include the terms and conditions for this type of account.
Restrictions

We are under no obligation to enforce the Terms of Service on your behalf against another user. While we encourage you to notify us if you believe another user has violated the Terms of Service, we reserve the right to take appropriate action such as investigation at our sole discretion.
1. You agree not to, and will not assist or enable others to use the Service to:
  1. Violate the Terms of Service;
  2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by Flat Channels;
  3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Site Content;
  4. Reverse engineer any portion of the Service;
  5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
  6. Record, process, or mine information about other users;
  7. Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
  8. Reformat or frame any portion of the Service;
  9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Flat Channels technology infrastructure or otherwise make excessive traffic demands of the Service;
  10. Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
  11. Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
  12. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
  13. Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site Content; or
  14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.
  The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
Suggestions and Feedback

By sending us any suggestions, proposals, or ideas ("Feedback"), you agree to following terms:
1. Your Feedback must not contain the confidential or proprietary information of third parties.
2. We are under no obligation of confidentiality, express or implied, with respect to the Feedback
3. We may have something similar to the Feedback already under consideration or in development
4. You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
Indemnity

You agree to indemnify and hold Flat Channels, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Flat Channels reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Flat Channels. Flat Channels will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Flat Channels AND ITS PARENT, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "Flat Channels ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
1. THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
2. THE Flat Channels ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE Flat Channels ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SERVICE.
3. THE Flat Channels ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, OR THE SAFETY OR SECURITY OF THE SERVICE. ACCORDINGLY, THE Flat Channels ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE.
4. THE Flat Channels ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
6. THE Flat Channels ENTITIES DISCLAIM ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF Flat Channels OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA.
Termination
1. We may close your account for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account and the Service.
2. In the event of termination, Sections 1, 4, 8 and 9 of these Terms of Service will continue in full force and effect.
General Terms
1. We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
2. We may provide you with notices, including those regarding changes to the Terms of Service by email, or communications through the Service.
3. Except as otherwise stated in Section 8 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
4. The Terms of Service contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
5. Any failure on Flat Channels part to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
6. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
7. The Terms of Service are not assignable, transferable or sublicensable by you except with Flat Channels prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
8. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.