Flow ToGo Terms And Conditions of Service
FLOW TOGO AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF Flow ToGo 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 FLOW TOGO.
The Flow ToGo application and website (“FlowToGo”) are operated by Columbus Communications Limited and its affiliates (collectively "Flow," "we," or "us") to provide you with certain services or capabilities. Your access to and use of Flow ToGo 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 Flow ToGo, 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 Flow ToGo.
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 Flow ToGo. 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 Flow ToGo. You should view these Terms often to stay informed of changes that may affect you, as your continued use of Flow ToGo 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 Flow ToGo and its content, at any time without prior notice to you.
GENERAL TERMS AND CONDITIONS
You understand that you are responsible for all use of Flow ToGo under your account and that you are liable to Flow for any damage or loss to its Flow ToGo app and website resulting from any acts and/or omissions related to such use. You acknowledge and agree that you are solely responsible and liable to Flow for any and all breaches of these Terms whether such breach is the result of use of Flow ToGo and/or equipment by you or by any other user. You agree to indemnify and hold harmless Flow against all and any claims and expenses (including reasonable attorney fees) arising out of the unauthorized use of Flow’ services, Flow ToGo and/or equipment.
You must use Flow ToGo in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of Flow ToGo and/or Content. It is your responsibility to ensure that you are legally allowed to use Flow ToGo and/or Content where you are located.
To use Flow ToGo, 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 Flow ToGo 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 Flow ToGo. Flow is not responsible for providing these operational requirements. You should ensure that your device(s) has the adequate capability to run Flow ToGo.
MISUSE OF SERVICE(S)
You agree to use Flow ToGo for specific agreed purposes and are not entitled to resell, trade, barter with, bypass Flow or other networks or redistribute Flow ToGo. Flow reserves the right to discontinue the provision of Flow ToGo to any customer who uses Flow ToGo 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 Flow ToGo, the Customer will be held liable and fully responsible towards Flow and will hold Flow harmless from any claims of third parties for costs and damages due to abuse.
The following activities, without limitation, shall be considered misuse of the Services: (i) engaging in activities that infringe intellectual property rights. For example, the unauthorized P2P file-sharing, posting, streaming, making available, uploading, downloading or other distribution of content protected by intellectual property; and/or (ii) facilitating of such activities through Authorized Users’ hosted websites and services (including, but not limited to, the operation of eDonkey directory servers, BitTorrent trackers and/or websites which index and link to content served at a separate host).
Flow is not responsible for any unauthorized use of the device(s) upon which Flow ToGo 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 Flow ToGo.
VIDEO (TV) SERVICES
Flow cannot guarantee the video quality standards through the use of Flow ToGo as the quality of the TV signals may fluctuate depending of the strength of the connection which the Customer is using. Flow is continuously negotiating with its many content providers for the rights to broadcast live TV channels on Flow ToGo. Therefore, the channels that are currently displayed are those channels to which Flow has secured the appropriate rights. Flow 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 Flow ToGo on a personal computer, mobile phone or other smart devices. You understand and agree that Flow owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to Flow ToGo and the features, materials, opportunities, and services made available on or through Flow ToGo, and all information, text, data, databases, graphics, images, movies, 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 Flow ToGo 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 Flow or its licensors and content-providers.
CONTENT ON Flow ToGo
You understand and agree that the Content you receive through Flow ToGo is licensed by Flow from content providers (“Content Providers”). The Content you receive through Flow ToGo, including the copyrights in the content, are owned by the Content Providers and/or their licensors, and are protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Content Providers and Content Providers’ licensors do not transfer any title, right or interest to or in the Content to you.
Content delivered to you through Flow ToGo is licensed to you and is not sold, transferred or assigned to you. The Content may only be transmitted to approved devices.
Before you receive any Content, carefully read this Customer Agreement. If you do not wish to accept all the terms of this Customer Agreement, immediately discontinue your use of Flow ToGo.
Flow grants you, a non-exclusive and non-assignable playback license to view the transactional VOD Content, for an unlimited number of times during a period of twenty-four (24), forty-eight (48) or seventy-two (72) consecutive hours per transaction, as determined by us, on certain approved devices for personal, non-commercial purposes. The delivery of the Content does not transfer to you any commercial or promotional use rights in the Content. All other rights in the Content are reserved by Content Providers, Content Providers’ licensors and the copyright holder(s), and any other use is strictly prohibited. You may access the Content on up to the number of approved personal electronic devices that we authorize for the subject Content, and you are allowed up to the number of simultaneous streams of the same Content that we authorize for the approved personal electronic devices, provided, in all cases they are linked only to your account.
You understand and acknowledge that your rights with respect to Content are limited by copyright law. You may not redistribute, sell, rent, lease, transfer, reverse engineer or sublicense the Content. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology associated with the Content.
You may not access Content outside of the authorized Caribbean Islands, except to view certain Content that you have temporarily downloaded within the authorized Caribbean Islands to your approved personal electronic device and only until the end of the authorized viewing period for that Content, following your initial order of that Content (i.e., 24, 48 or 72 consecutive hours) (this exception applies only to that Content which we have made available to you for temporary download and viewing outside the United States).
CONTENT OF COMMUNICATIONS
Flow is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using Flow ToGo. By using Flow ToGo, 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 Flow ToGo. 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. Flow reserves the right (but shall have no obligation) to review content for the purpose of enforcing these terms.
Although Flow strives to make Flow ToGo, the Content, and the features, materials, opportunities, and services provided through Flow ToGo reasonably helpful, useful, reliable, and current, you understand and agree that your access to and use of Flow ToGo, the Content, and all materials, products, and services available through Flow ToGo and Flow are at your own initiative and risk. Flow does not make any promise, covenant, representation, warranty, or guarantee that you or any other user of Flow ToGo will obtain any particular or tangible result or goal through the use of Flow ToGo, or obtain any other product or service in connection with use of Flow ToGo. 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 Flow ToGo and Flow 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. FLOW TOGO AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH FLOW TOGO AND FLOW ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. FLOW DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FLOW DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF FLOW TOGO. FLOW SHALL NOT BE LIABLE TO COMPENSATE YOU OR ANY CUSTOMER FOR ANY INTERRUPTION OR BREAK IN TRANSMISSION OF FLOW TOGO; BREAKDOWN OR FAILURE OF Flow ToGo OR ANY INABILITY BY FLOW TO REPAIR FLOW TOGO. FLOW DOES NOT REPRESENT, WARRANT, OR COVENANT THAT FLOW TOGO OR ANY MATERIALS, CONTENT, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH FLOW TOGO OR THROUGH FLOW 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 FLOW TOGO AND THE MATERIALS, CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH FLOW TOGO AND THROUGH FLOW ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FLOW, 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, FLOW TOGO, THE CONTENT, OR THE SERVICES ACCESSIBLE ON OR THROUGH FLOW TOGO OR THROUGH FLOW; (B) FLOW' PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF FLOW TOGO OR OF THIRD PARTIES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL FLOW, 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 FLOW TOGO OR THROUGH FLOW, THE USE, COPYING OR DISPLAY OF FLOW TOGO OR THE CONTENT, OR TRANSMISSION OF INFORMATION TO OR FROM FLOW TOGO OVER THE INTERNET, EVEN IF FLOW 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 FLOW, 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 FLOW, 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, FLOW TOGO, OR YOUR USE OF FLOW TOGO, FLOW 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 Flow, and the officers, directors, employees, and agents of Flow, 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 Flow ToGo, your access to and use of the Content, Flow ToGo, and other materials, products, and services available on or through Flow ToGo and Flow, 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 Flow and you.
Flow ToGo is maintained, operated and controlled by Flow in the country in which you subscribe to receive Flow’ 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 Flow ToGo or the Content must be commenced within one year after the cause of action arises. You and Flow 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 Flow ToGo, the Content, and the materials, products, and services available on or through Flow ToGo or through Flow. You and Flow each expressly waive any claim that venue is improper for any reason in these courts.