FloSports Upload Terms of Service
Welcome to FloSports!
Thank you for using the FloSports platform and the products, services and features we make available to you as part of the platform accessible to third-party content creators (collectively, the “Content Service”).
The Content Service allows you to find, watch, and share videos and other video content, provides a forum for people to build tribes, relationships, and be there with others across the globe. The Content Service acts as a distribution platform for original content creators and advertisers of all sizes and experience levels.
Your Service Provider
The entity providing the platform for the Content Service is FloSports, Inc., a company operating under the laws of Delaware, located at 979 Springdale Road Suite #120, Austin, TX 78702 (referred to as “FloSports”, “we”, “us”, or “our”).
Your use of the Content Service is subject to these terms and the Copyright Policy, which may be updated from time to time (together, this “Agreement”). Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Content Service.
Who may use the Content Service?
You (as the uploader) must be at least 13 years old to use the Content Service. If you are 13 or older and younger than 18, you need the permission of a parent or guardian to use the Content Service.
Permission by Parent or Guardian
If you are under 18, by accessing the Content Service you represent that you have your parent or guardian’s permission to use the Content Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Content Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Content Service.
If you are using the Content Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Your Use of the Content Service
Content on the Content Service
The content on the Content Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, or a third-party (collectively, “Content”).Content is the responsibility of the person or entity that provides it to the Content Service. FloSports is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the law, you can report it to us by email firstname.lastname@example.org
You must have a FloSports PRO account in order to upload, interact with the Content, or use the Content Service. To protect your FloSports PRO account, keep your password confidential. You should not reuse your FloSports account password on third-party applications.
Permissions and Restrictions
You may access and use the Content Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.
The following restrictions apply to your use of the Content Service. You are not allowed to:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Content Service or any Content except: (a) as expressly authorized by FloSports; (b) with prior written permission from FloSports and, if applicable, the respective rights holders; or (c) Content that you upload or have uploaded;
- circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service or Content Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Content Service or Content;
- collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person or allowed under section (3) above;
- use the Content Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
- cause or encourage any inaccurate measurements of genuine user engagement with the Content Service, including by paying people or providing them with incentives to increase a video’s views, or otherwise manipulate metrics in any manner;
- misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
- use the Content Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service or Content Service); or
- use the Content Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Content Service or Content; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Content Service or where Content from the Service is the primary basis for such sales.
Using the Content Service does not give you ownership of or rights to any aspect of the Service or Content Service, including user names or any other Content posted by others or FloSports.
Changes to the Service
FloSports is constantly changing and improving the Service and Content Service. We may also need to alter or discontinue the Content Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service or Content Service that will have an adverse impact on the use of our Service or Content Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Content Service, prevent abuse, or comply with legal requirements.
Your Content and Conduct
If you have a FloSports PRO account, you may be able to upload Content to the Content Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Content Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Content Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content. By uploading Content, you represent that you own or possess all rights necessary to perform this Agreement, and that your upload does not violate any third party rights.
Rights you Grant
You retain ownership rights in your Content. However, by providing Content to the Content Service, you grant to FloSports a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service, Content Service, and FloSports’ (and its successors’ and Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service and Content Service. You also grant to FloSports the irrevocable, perpetual, worldwide right and license to use the image of all participants that appear in the Content.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Content Service. You understand and agree, however, that FloSports may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
Removing Your Content
You may remove your Content from the Content Service at any time by emailing email@example.com.
Removal of Content By FloSports
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to FloSports, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for FloSports or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service or Content Service; or (c) would cause harm to any user, other third party, FloSports or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the FloSports Copyright Policy page.
We provide information to help copyright holders manage their intellectual property online in our Copyright Page. If you believe your copyright has been infringed on the Service, please email firstname.lastname@example.org. We respond to notices of alleged copyright infringement according to the process in our Copyright Policy, where you can also find information about how to resolve a copyright strike. FloSports’s policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service and Content Service.
Account Suspension & Termination
Other Legal Terms
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND FLOSPORTS DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE CONTENT SERVICE; (B) THE SPECIFIC FEATURES OF THE CONTENT SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE CONTENT SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, FLOSPORTS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
- ERRORS, MISTAKES, OR INACCURACIES ON THE CONTENT SERVICE;
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR CONTENT SERVICE;
- ANY INTERRUPTION OR CESSATION OF THE CONTENT SERVICE;
- ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE CONTENT SERVICE BY ANY THIRD PARTY;
- ANY CONTENT WHETHER SUBMITTED BY A USER OR FLOSPORTS, INCLUDING YOUR USE OF CONTENT; AND/OR
- THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
FLOSPORTS AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT FLOSPORTS HAS PAID TO YOU FROM YOUR USE OF THE CONTENT SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE (IF SUCH PAYMENT IS APPLICABLE), IN WRITING TO FLOSPORTS, OF THE CLAIM; AND (B) USD $50.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless FloSports, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
About this Agreement
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Content Service or for legal, regulatory, or security reasons. FloSports will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Content Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Content Service.
If your use of the Content Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes. Headings are for ease of reading only, and have no legal consequence.
All claims arising out of or relating to these terms or the Service will be governed by Texas law, without regard to conflict of laws rules, and will be litigated exclusively in the federal or state courts of Travis County, Texas, USA. You and We consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND FLOSPORTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Effective as of June 11, 2020