Acceptance of the Terms of Use
These terms of use are entered into by and between you and Flux Media, Inc. (“Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use"), govern your access to and use of the mobile application TmrO™ and the access and use of [www.tmroapp.com], including any content, functionality, and services offered on or through either of the foregoing (collectively, the “Products”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Products. By using the Products, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. The Terms and Conditions for the Online Sale of Goods and Services and Mobile Application End User Licensing Agreement are also incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Products.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Products thereafter.
Your continued use of the Products following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you utilize the Products so you are aware of any changes, as they are binding on you.
Accessing the Products and Account Security
We reserve the right to withdraw or amend the Products, and any service or material we provide with the Products, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Products is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Products, or all of the Products, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Products.
• Ensuring that all persons who access the Products through your internet connection are aware of these Terms of Use and comply with them.
To access the Products or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Products that all the information you provide on the Products is correct, current, and complete. You agree that all information you provide to register with the Products or otherwise, including but not limited to through the use of any interactive features on the Products, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Products or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Any tax payment obligations arising from your use of the Products and your receipt or issuance of payments through use of the Products are solely yours. You will indemnify and defend Flux in the event of any claim, audit, investigation, or assessment connected to your tax obligations or any Flux tax obligations created by your use of the Products. You agree not to use the Products for any activity that could be construed as forming an employer-employee relationship between you and anyone.
Intellectual Property Rights
The Products and the 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 the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Products for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Products, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Products for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• You may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Products or any services or materials available through the Products.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Products in breach of the Terms of Use, your right to use the Products will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Products or any content on the Products is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Products not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms TmrO™, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Products are the trademarks of their respective owners.
Third Party Vendors
The Company may use vendors to make the mobile application TmrO™ safer. These vendors may provide various services including, but not limited to, preparation of consumer reports, business reports, and background checks. These services are voluntary and paid for by the user, but successfully completing a background check(s), may be a requirement of all users should The Company choose so. If you use the services offered by such vendors, you agree to comply with all applicable law, including the Fair Credit Reporting Act. You agree to indemnify and hold harmless the Company from any loss or liability that may result from you obtaining a background check and/or not successfully passing a background check. Further, the Company cannot guarantee user safety. Although helpful, background checks may not always be a reliable predictor of a user’s abilities, performance, and/or risk to the safety of other users. You acknowledge this, assume the risk, release the Company, and agree to indemnify and hold harmless the Company from any liability incurred from or caused by other users.
By submitting the background check information, you affirm that all of the information in your application is correct, complete, and applicable to you. You understand the Company may review this report and the Company retains the right to restrict use or remove your profile and account from the mobile application TmrO™ and the access and use of [www.tmroapp.com] based on this report subject to any applicable laws.
Prohibited Uses
You may use the Products only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Products:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Products, or which, as determined by us, may harm the Company or users of the Products or expose them to liability.
• To use the Products for purposes of forming an employer-employee relationship with anyone, providing services as an employee, and/or obtaining services as an employer. Additionally, you agree not to:
• Use the Products in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Products, including their ability to engage in real time activities through the Products.
• Use any robot, spider, or other automatic device, process, or means to access the Products for any purpose, including monitoring or copying any of the material on the Products.
• Use any manual process to monitor or copy any of the material on the Products or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Products.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Products, the server on which the Products is stored, or any server, computer, or database connected to the Products.
• Attack the Products via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Products.
User Contributions
The Products may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, Freelance Postings (as defined in the Privacy Policy), and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Products.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Products, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Products.
Freelance Services Only
If you are a user who utilizes the Products to offer services to other users, you are referred to as a “Creative User.” If you are a user who utilizes the Products to obtain the services of a Creative User, you are referred to as a “Client User.” Transactions between Creative Users and Client Users are referred to as “Engagement(s),” and the services provided by a Creative User are referred to as “Freelance Services.” The Products facilitate Client Users entering into Engagements with Creative Users. The Company is not a party to Engagements. You agree to only use the Products for Freelance Services Engagements and not for employment or any other purposes.
By accepting or requesting Engagements, and by performing or receiving Freelance Services, you do so in furtherance of your own separate and distinct business interests and shall not be, or be construed to be, an employee, franchisee, partner, joint-venturer, or agent of the Company. The Products shall not be used in a manner that creates an employment relationship between Creative Users and Client Users, or between you and the Company. You agree that the parties do not intend to form an employment relationship with anyone by virtue of using the Products.
Creative Users will be required to complete a W-9 at the time they create their account, and a 1099 will be issued pursuant to applicable law. Creative User and Client User agree to complete any other forms that may be required by Flux from time to time consistent with the independent contractor nature of the relationship.
You shall not hold yourself out as an agent or employee of the Company, and you shall not have any authority to commit or bind the Company to any contractual or financial obligations. The Company shall not be liable for any such obligation or liability incurred by you.
You, in your sole discretion, shall determine the method, detail, and means of either performing or using the Freelance Services under the Terms of Use and the Company shall not either directly or indirectly control the manner or determine the method of the accomplishment of your utilization or provision of Freelance Services. You will supply all tools and equipment necessary to either perform or utilize Freelance Services for each Engagement, and you shall be solely responsible for any fees or costs that you incur in the course of either providing or utilizing Freelance Services under the Terms of Use.
You agree to provide or utilize services under the Terms of Use in a safe and lawful manner, and with reasonable care and diligence, in accordance with applicable professional standards.
You acknowledge and understand that no part of the fees paid to you or by you for Freelance Services under the Terms of Use will be subject to withholding for payment of any social security, federal, state or any other employee payroll taxes. You shall be solely responsible for complying with the laws and regulations applicable to any Freelance Services you provide or utilize. These laws and regulations include, but are not limited to:
1. Determining and complying with your obligation to pay all taxes and withholdings, including but not limited to payroll taxes, if any, federal and state income taxes, state disability and unemployment insurance contributions and other similar statutory obligations with respect to the Freelance Services you provide or utilize under the Terms of Use;
2. Obtaining any mandatory insurance policy, including if applicable, workers’ compensation insurance coverage, or bond, business licenses and other licenses, certifications or permits required to perform or utilize Freelance Services in the state(s) and locality(ies) in which you operate your business.
You are under no obligation to accept any Engagement, and there is no guarantee that you will receive any offers for Engagements.
You acknowledge and agree that as an independent business you have the opportunity to make either a profit or loss on the Freelance Services that you may provide or utilize under the Terms of Use. As such, you are solely responsible to analyze the fees you will be paid or will pay with respect to any potential business expenses, or other costs that you anticipate incurring, as part of determining whether you will offer or accept any particular Engagement. You understand and agree that you will be fully responsible for the fees and costs that you may incur in the course of providing or obtaining Freelance Services under the Terms of Use.
Flux commissions will be charged on all payment transactions. Commission rate is 6%, 9%, or 12% (based upon transaction values as follows, Up to $500 = 6%, $501 to 1,500 = 9%, and $1501+ + 12%), charged to the Creative User, or as otherwise set forth in the order confirmation. Commission rates are subject to change.
The Company does not prohibit freely offered gratuities from Client Users, however, other than such gratuities, Creative Users will not request or accept any fees for Freelance Services from Client Users other than the fees that are set forth in the Terms of Use.
If you are a Creative User, you represent and warrant that: (a) you are customarily engaged in an independently established trade, occupation, or business that is of the same nature as the Freelance Services that you will provide during any Engagement; (b) you are not providing any services that are in the Company’s usual course of business, as that term is defined under applicable laws, and you agree that you shall not provide any services during any Engagement that is in a Client User’s usual course of business, as that term is defined under applicable laws; (c) you will not operate a motor vehicle in the course of providing Freelance Services; (d) your acceptance of the Terms of Use represents your free and voluntary act; (e) all Freelance Services that you provide under the Terms of Use will be original and will not infringe any copyright or infringe or violate any other proprietary or other rights of any other person or entity; and (f) the Company may rely conclusively on the truth of the warranties and representations set forth above in dealing with any third parties in connection with the Freelance Services you may provide or your related activities. Each of the foregoing warranties and representations shall survive the termination of the Terms of Use.
If you are a Client User, you represent and warrant that: (a) you are customarily engaged in an independently established trade, occupation, or business; (b) you are not obtaining Freelance Services that are in the Company’s usual course of business, as that term is defined under applicable laws, and you agree that you shall not obtain any services during any Engagement that are in your usual course of business, as that term is defined under applicable laws; (c) you will not require a Creative User to operate a motor vehicle in the course of providing Freelance Services under the Terms of Use; (d) your acceptance of the Terms of Use represents your free and voluntary act; (e) all Freelance Services that you utilize under the Terms of Use will not infringe any copyright or infringe or violate any other proprietary or other rights of any other person or entity; and (f) the Company may rely conclusively on the truth of the warranties and representations set forth above in dealing with any third parties in connection with the Freelance Services you may obtain or your related activities. Each of the foregoing warranties and representations shall survive the termination of the Terms of Use.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Products or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Products.
• Terminate or suspend your access to all or part of the Products for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Products. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Products, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, the End User License Agreement and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Products is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Products, or by anyone who may be informed of any of its contents.
This Products includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Products
We may update the content on this Products from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Products may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Products
All information we collect on this Products is subject to our Privacy Policy. By using the Products, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of services formed through the Products or resulting from visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services, or features of the Products. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Products and Social Media Features
You may link to our homepage, 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.
The Products may provide certain social media features that enable you to:
• Link from your own or certain third-party Products to certain content on this Products.
• Send emails or other communications with certain content, or links to certain content, on this Products.
• Cause limited portions of content on this Products to be displayed or appear to be displayed on your own or certain third-party Products.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any Products that is not owned by you.
• Cause the Products 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.
• Link to any part of the Products other than the homepage.
• Otherwise take any action with respect to the materials on this Products that is inconsistent with any other provision of these Terms of Use.
The Products from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
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.
We may disable all or any social media features and any links at any time without notice in our discretion.
Linking from the Products
If the Products contains 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 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 Products linked to the Products, you do so entirely at your own risk and subject to the terms and conditions of use for such Products.
Geographic Restrictions
The owner of the Products is based in the state of Georgia in the United States. We provide this Products for use only by persons located in the United States. We make no claims that the Products or any of its content is accessible or appropriate outside of the United States. Access to the Products may not be legal by certain persons or in certain countries. If you access the Products from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Products will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular 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 PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PRODUCTS LINKED TO IT.
YOUR USE OF THE PRODUCTS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS IS AT YOUR OWN RISK. THE PRODUCTS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PRODUCTS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Non-Exclusive
The Terms of Use do not create an exclusive business relationship in any respect. The Company maintains the right to contract with others, including those who provide similar services within the same geographic area as you. Likewise, you may contract with other companies. It is further understood that the Company does not guarantee any amount of business, revenue or profit, the Company is not obligated to refer any amount of business to anyone, and you are not obligated to accept or offer any Engagements.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE PRODUCTS, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You shall indemnify, defend and hold the Company, and any parent, subsidiary, related entity, or affiliate thereof, and all agents, shareholders, officers, directors, assigns, insurers, representatives, attorneys, and employees of the Company or of any parent, subsidiary, related entity, or affiliate of the Company (“Indemnified Parties”) harmless from and against any and all claims, losses, and liabilities of whatever nature (including liability to third parties, and including attorneys’ fees and other costs of at all levels of proceedings), and all other consequences of any sort, whether known or unknown, without limit and without regard to the cause or causes thereof arising from: (1) your actions or inactions under the Terms of Use; (2) your breach of any representation, warranty, covenant, or provision of the Terms of Use or with industry standards applicable to your actions or inactions under the Terms of Use; (3) your failure to comply with the provisions of any local, state or federal law, regulation or ordinance; or (4) your use of the Products for employment purposes. This indemnification provision shall survive termination of the Terms of Use.
Governing Law and Jurisdiction
All matters relating to the Products and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Products shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case located in the County of Fulton. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
In the event of any proceeding to enforce the provisions of the Terms of Use, the prevailing party will be entitled to an award of its costs and reasonable attorneys' fees incurred at all levels of proceedings.
With respect to any dispute concerning the meaning of this Terms of Use, this Terms of Use will be interpreted as a whole with reference to its relevant provisions and in accordance with its fair meaning, and no part of the Terms of Use will be construed against Company on the basis that Company drafted it.
Arbitration
You and we agree that any claim, dispute or controversy (“Claim”) arising out of or relating to the interpretation, performance of services, and/or breach of the Terms of Use which would otherwise require or allow resort to any court or other governmental dispute resolution forum between you and us will be submitted to and determined exclusively by binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section H. (The AAA Rules are available at https://adr.org/sites/default/files/Commercial%20Rules.pdf, or by calling the AAA at 1-800-778-7879.) .
The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms of Use is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Any legal proceeding to enforce the terms of the Terms of Use (including but not limited to arbitration) shall occur in Fulton County, Georgia. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use 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 of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, the Terms of Sale and the End User License Agreement constitute the sole and entire agreement between you and Flux Media, Inc. regarding the Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Products.
No Third Party Beneficiaries
You and we acknowledge and agree that no parties other than you and we are intended to benefit hereunder. No rights of any third party are created by the Terms of Use and no person other than you and we may rely on any aspect of the Terms of Use notwithstanding any representation, written or oral, to the contrary.
Your Comments and Concerns
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Products should be directed to: [customercare@tmroapp.com].
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEB OR MOBILE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEB APPLICATION IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH FLUX MEIDA, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEB APPLICATION OR ANY OF THIS WEB APPLICATION'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to your subscription to use the premium services of TmrO™ (the “Application”) or the website tmroapp.com (the “Website”; together with the Application, the “Products”). These Terms are subject to change by Flux Media, Inc. (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Application. You should review these Terms prior to purchasing any product or services that are available through this Application. Your continued use of the Products after the “Last Updated Date" will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Terms of Use that apply generally to the use of our Products. You should also carefully review our Privacy Policy before placing an order for products or services through this Products.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all services set forth in the Product’s premium subscription description. All orders must be accepted by us or we will not be obligated to sell the services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered (“Confirmed Order”). A cancellation fee of 5% of the order total will be charged to any user who cancels a Confirmed Order within 48 hours of the scheduled time for the service to be performed, or as otherwise set forth in the confirmation of an order.
3. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on the Products are subject to change without notice. The price charged for a service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes will be added to your total and will be itemized in your order confirmation email. Client Users are responsible for payment of processing fees. Flux commissions will be charged on all payment transactions. Commission rate is 6%, 9%, or 12% (based upon transaction values as follows, Up to $500 = 6%, $501 to 1,500 = 9%, and $1501+ + 12%) charged to the Creative User, or as otherwise set forth in the order confirmation. Commission rates are subject to change.
(b) We may offer from time to time promotions on the Products that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, Discover, American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Products at the time of your order.
(d) Future services and products may be subject to different fees, charges, and overall pricing. Pricing shall be governed by the applicable Flux pricing schedule and the terms of the applicable order confirmation.
4. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR APPLICATION.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii)] not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
5. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Application for your own personal or household use only, and not for resale or export, unless otherwise states in order confirmation. You further represent and warrant that all purchases are intended for final delivery to locations within the US. You will not use the Products for the purpose of engaging an individual user on an ongoing basis or to engage multiple users for single projects on an ongoing basis.
6. Privacy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Products.
7. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic/pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
8. Governing Law and Jurisdiction. These Products are operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.
9. Dispute Resolution and Binding Arbitration.
(a) YOU AND FLUX MEDIA, Inc. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE APPLICATION, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR FLUX MEDIA, Inc. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
10. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or
delegation relieves you of any of your obligations under these Terms.
11. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Flux Media, Inc.
12. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
13. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Application. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to customercare@tmroapp.com. We may update the email address or physical address for notices to us by posting a notice on the Products. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
14. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
15. Entire Agreement. These Terms, the license agreement relating to any product or service you obtain on or through this Application, our Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Flux Media, Inc. (“Company”). This Agreement governs your use of the TmrO™, (including all related documentation, the “Application”). The Application is licensed, not sold, to you.
BY DOWNLOADING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE. THIS AGREEMENT INCORPORATES THE TERMS OF SERVICE WHICH CAN BE FOUND AT LINK, ALL OF WHICH APPLY TO YOU IN ADDITION TO THE TERMS HERETO.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application's documentation.
2. License Restrictions. Licensee shall not:
(a). copy the Application, except as expressly permitted by this license;
(b). modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c). reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d). remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e). rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
(f). remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserves and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. Geographic Restrictions. The Content and Services are based in the state of Georgia in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
6. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a). the Application will automatically download and install all available Updates; or
(b). you may receive notice of or be prompted to download and install available Updates.You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
7. Term and Termination.
(a). The term of Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this Section 7.
(b). You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. You can delete your account from your profile page, by selecting the button at the top right of screen, select "Delete Account", and confirm "Yes". When your account is deleted, all information provided by you
(c). Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d). Upon termination:
(i). all rights granted to you under this Agreement will also terminate; and
(ii). you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
(e). Termination will not limit any of Company's rights or remedies at law or in equity.
8. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a). PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b). DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
10. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
11. Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
12. US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
13. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
14. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case located in Fulton County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16. Entire Agreement. This Agreement, the Terms of Use and our Privacy Policy and any documents incorporated by any of the foregoing, constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
17. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site or mobile application (the “Products”) infringe your copyright, you may request removal of those materials (or access to them) from the Products by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Products, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Mobile App Privacy Policy
Introduction
Flux Media, Inc. (“Company” or “We”) respects your privacy and are committed to protecting it through our compliance with this policy. This policy describes:
• The types of information we may collect or that you may provide when you purchase, download, register with, access, or use the TmrO™ (the “App”) or the website [www.tmroapp.com] (the “Site”) together with the App, the “Products”.
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information we collect in the Products and, in email, text, and other electronic communications sent through or in connection with the App.
This policy DOES NOT apply to information that:
• We collect offline or on any other Company apps or websites, including websites you may access through the App.
• You provide to or is collected by any third party (see Third-Party Information Collection).
These other third parties have their own privacy policies, which we encourage you to read before providing information on or through them.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use the App. By downloading, registering with, or using the App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Products after we revise this policy means you accept those changes, so please check the policy periodically for updates.
Children Under the Age of 18
The App is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [customercare@tmroapp.com].
Information We Collect and How We Collect It
We collect information from and about users of our App:
• Directly from you when you provide it to us.
• Automatically when you use the App.
Information You Provide to Us
When you download, register with, or use the Products, we may ask you provide information:
• By which you may be personally identified, such as name, postal address, email address, telephone number or any other identifier by which you may be contacted online or offline (“personal information”).
• If you are seeking freelancers, information regarding the open position (the “Freelance Postings”), which may include information regarding the requested skills and experience, the potential location for the position and other related details.
• If you are responding to Freelance Postings, certain information requested by the poster of the Freelance Postings, which may include your job experience, skills and education.
This information includes:
• Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, subscribing to our service, posting material and requesting further services. We may also ask you for information when you report a problem with the App.
• Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.
• Your search queries on the App.
You may also provide information for publication or display (“Posted”) on public areas of websites you access through the App (“User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection
When you download, access, and use the App, it may use technology to automatically collect:
• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
• Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, operating system, browser type, mobile network information, and the device's telephone number.
• Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
• Location Information. Products collects real-time information about the location of your device. If you do not want us to collect this information do not download the App or delete it from your device and do not utilize their services.
Information Collection Technologies
The technologies we use for automatic information collection may include:
• Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
• Web Beacons. Pages of the App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
Third-Party Information Collection
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
• Advertisers, ad networks, and ad servers.
• Your mobile device manufacturer.
• Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use the Products. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
• Provide you with the App and their contents, and any other information, products or services that you request from us.
• Fulfill any other purpose for which you provide it.
• Give you notices about your account and subscription, including expiration and renewal notices.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you when the App updates are available, and of changes to any products or services we offer or provide though it.
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our App according to your individual interests.
• Speed up your searches.
• Recognize you when you use the App.
We may use location information we collect to prioritize Freelance Postings or to otherwise assist with matching freelancers with local job opportunities.
We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.
We may use the information we collect to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or device without restriction. In addition, we may disclose personal information that we collect or you provide:
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Flux Media, Inc.'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Flux Media Inc. about our App users is among the assets transferred.
• To third parties to market their products or services to you if you have not opted out of these disclosures.
• To fulfill the purpose for which you provide it. For example, if you create a Freelancer Posting, the information in such Freelancer Posting may be disclosed to potential freelancers, and if you reply to a Freelancer Posting, we may disclose information to the person who posted the Freelancer Posting.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the App EULA, the terms of use , the terms of sale , and for billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Flux Media,Inc., our customers or others.
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
• Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
• Promotion by the Company. If you do not want us to use your email address to promote our own or third parties' products or services, you can opt-out by adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [customercare@tmroapp.com].
• Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by adjusting your user preferences in your account profile by checking or unchecking the relevant or by sending us an email stating your request to [customercare@tmroapp.com].
• Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [customercare@tmroapp.com].
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
Accessing and Correcting Your Personal Information
You can review and change your personal information by logging into the App and visiting your account profile page.
If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our terms of use.
Your California Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [customercare@tmroapp.com].
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions are handled by a third-party service provider who and will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
Changes to Our Privacy Policy
We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page with an in-App alert the first time you use the App after we make the change.
The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
[customercare@tmroapp.com]
To register a complaint or concern, please contact us at:
[customercare@tmroapp.com]