TERMS AND CONDITIONS OF SERVICE
THIS APP AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS APP WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS APP.
The Flow ToGo Application (the “App”) is operated by Columbus Communications Limited and its affiliates (collectively "Columbus," "we," or "us") to provide you with certain services or capabilities. Your access to and use of the App is governed by and subject to these terms and conditions of use (these "Terms"). Please read these Terms carefully and thoroughly. By accessing and using the App, you agree that you have read and understand these Terms and that you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not continue to access and use the App.
CHANGES TO TERMS
We may update these Terms from time to time and may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the App. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the App. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the App signifies your continuing consent to be bound by these Terms, as so amended. We expressly reserve the right to make any changes to these Terms, or to the App and its content, at any time without prior notice to you.
GENERAL TERMS AND CONDITIONS
You understand that you must have acquired the advanced video services and voice services of Columbus to use the App (and as such is responsible for all users and is liable to Columbus for any damage or loss to its App resulting from any acts and/or omissions of such users. You acknowledge and agree that you are solely responsible and liable to Columbus for any and all breaches of these Terms whether such breach is the result of use of the, App and/or equipment by you or by any other user. You agree to indemnify and hold harmless Columbus against all and any claims and expenses (including reasonable attorney fees) arising out of the unauthorized use of Columbus’ services, the App and/or equipment.
You must use the App in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the App and/or Content. It is your responsibility to ensure that you are legally allowed to use the App and/or Content where you are located.
To use the App, the Customer must have an internet broadband connection, Wi-Fi connection and/or 3G or 4G data plan. You are independently responsible for obtaining all equipment required to access the App or enable communications such as headsets, microphones and connectivity, of which the specifications should adhere to the minimum operating standards of the handset software to run this App. Columbus is not responsible for providing these operational requirements. You should ensure that your device(s) has the adequate capability to run this App.
MISUSE OF SERVICE(S)
You agree to use the App for specific agreed purposes and are not entitled to resell, trade, barter with, bypass Columbus or other networks or redistribute the App. Columbus reserves the right to discontinue the provision of the App to any customer who uses the App for any other reason other than personal use or as intended by their service agreement. In instances where a customer is found to be misusing the App, the Customer will be held liable and fully responsible towards Columbus and will hold Columbus harmless from any claims of third parties for costs and damages due to abuse.
Columbus is not responsible for any unauthorized use of the device(s) upon which the App was installed, if stolen or tampered with. The Customer is responsible for ensuring the safety and security of the device(s) chosen for use of this App.
Columbus is not responsible for calls that may be intercepted by another calling party through the use of this App. Columbus, however will investigate the matter once notified by you, to locate the source of interception but a solution is not guaranteed and as such Columbus will not be held accountable for any divulgence of personal information through the use of the App.
VIDEO (TV) SERVICES
Columbus cannot guarantee the video quality standards through the use of this App as the quality of the TV signals may fluctuate depending of the strength of the connection which the Customer is using.
Columbus is continuously negotiating with its many content providers for the rights to broadcast live TV channels on the App. Therefore the channels that are currently displayed are those channels to which Columbus has secured the appropriate rights. Columbus reserves the right to add/delete channels at its sole discretion.
Customer is granted a limited, non-exclusive, non-sub licensable, non-assignable, free of charge license to download and install the App on a personal computer, mobile phone or other smart devices. You understand and agree that Columbus owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the App and the features, materials, opportunities, and services made available on or through the App, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the "Content"). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the App and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and registered service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of Columbus or its licensors and content-providers.
CONTENT OF COMMUNICATIONS
Columbus is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the App. By using the App, you agree that any content that is transmitted by you will be sent to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You may therefore be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. You are responsible for the information chosen to be communicated and accessed using the App. In particular, you are responsible for ensuring that the transmitted material is not (i) copyrighted or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the customer is the owner of such rights or has permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. Columbus reserves the right (but shall have no obligation) to review content for the purpose of enforcing these terms.
Although Columbus strives to make the App, the Content, and the features, materials, opportunities, and services provided through the App reasonably helpful, useful, reliable, and current, you understand and agree that your access to and use of the App, the Content, and all materials, products, and services available through the App and Columbus are at your own initiative and risk. Columbus does not make any promise, covenant, representation, warranty, or guarantee that you or any other user of the App will obtain any particular or tangible result or goal through the use of the App, or obtain any other product or service in connection with use of the App. It is your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you access, use, download, or otherwise obtain on or through the App and Columbus are: (a) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose that you, may desire to use them; and (b) free of viruses and other disabling devices and destructive routines. THE APP AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE APP AND COLUMBUS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. COLUMBUS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COLUMBUS DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE APP. COLUMBUS SHALL NOT BE LIABLE TO COMPENSATE YOU OR ANY CUSTOMER FOR ANY INTERRUPTION OR BREAK IN TRANSMISSION OF THE APP; BREAKDOWN OR FAILURE OF THE APP OR ANY INABILITY BY COLUMBUS TO REPAIR THE APP.COLUMBUS DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE APP OR ANY MATERIALS, CONTENT, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE APP OR THROUGH COLUMBUS ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR COMPANY, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP AND THE MATERIALS, CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE APP AND THROUGH COLUMBUS ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COLUMBUS, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE APP, THE CONTENT, OR THE SERVICES ACCESSIBLE ON OR THROUGH THE APP OR THROUGH COLUMBUS; (B) COLUMBUS' PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE APP OR OF THIRD PARTIES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL COLUMBUS, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE APP OR THROUGH COLUMBUS, THE USE, COPYING OR DISPLAY OF THE APP OR THE CONTENT, OR TRANSMISSION OF INFORMATION TO OR FROM THE APP OVER THE INTERNET, EVEN IF COLUMBUS WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF COLUMBUS, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF COLUMBUS, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE APP, OR YOUR USE OF THE APP, COLUMBUS AND SUCH PARTIES' CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.
You agree to indemnify, defend, and hold Columbus, and the officers, directors, employees, and agents of Columbus, harmless from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys' fees), made by any third party due to or arising out of content, data, or information that you submit, post to, or transmit through the App, your access to and use of the Content, the App, and other materials, products, and services available on or through the App and Columbus, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
In signing this official receipt, you agree to the Terms set forth herein and acknowledge that these Terms supersede any previous terms, conditions or agreements between Columbus and you.
The App is maintained, operated and controlled by Columbus in the country in which you subscribe to receive Columbus’ services (the “Home Country”). These Terms shall be governed by and construed under the laws of the Home Country, without regard to conflicts of law principles or rules. Any legal action brought by you that arises out of or relates to these Terms and your access to and use of the App or the Content must be commenced within one year after the cause of action arises. You and Columbus each hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the courts sitting in the Home Country for resolution of any matters related to interpretation, construction, or enforcement of these Terms or otherwise in connection with these Terms, or otherwise related to or in connection with your access to and use of the App, the Content, and the materials, products, and services available on or through the App or through Columbus. You and Columbus each expressly waive any claim that venue is improper for any reason in these courts.