Welcome to Flowcite! Thank you for choosing us!
ACCESSING THE SITE AND THE SERVICES
The Services are owned and operated by Flowcite. Unless otherwise explicitly specified by Flowcite, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic and citation information, citation guides, icons, as well as the selection, assembly and arrangement thereof and the “look and feel” of the Services (collectively, “Flowcite Content“), are owned, controlled, or licensed by Flowcite or Flowcite’s third-party partners. Flowcite Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. All rights in images of books or other publications included in the Services are reserved by the copyright owners of such materials. Portions of the bibliographic and citation content included in the Services are supplied by third-parties. Any unauthorized use of Flowcite Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
SOFTWARE LICENSE AND SERVICES
1. Access the Services via mobile application, software application or internet connection for the purposes of managing your academic and research papers and products.
2. Access academic journals and other sources pursuant to your academic and research needs.
3. Manage citations and references in accordance with the Services.
4. Access additional services such as proof reading, plagiarism check, and others.
2. You will not use the Site or Services for any illegal purpose.
3. You will not reverse engineer or copy Flowcite Content and Services.
4. You will not create multiple accounts/users to take advantage of any free or trial offers.
6. You will not save or otherwise download content en masse for a purpose other than supporting your academic and research endeavors.
Flowcite does not oversee, monitor, or otherwise guarantee any content accessed via the Site or Services and provides no warrantee with regard to this. Users are responsible for their own decisions. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any Services or Flowcite Content, you may not share that subscription or license with others. Flowcite may impose reasonable limits on your scope of access to any Services or Flowcite Content, including limits on time or number of materials accessed or machines used to access such Services or Flowcite Content, to prevent unauthorized third-party access to or use of that Flowcite Content.
You retain all rights and are solely responsible for all content that you upload, post, deliver, publish, distribute, provide or otherwise link, transmit or store (hereafter “post” or “posting”) in connection with or relating to the Service (“User Content”). Notwithstanding the above, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute User Content on the Site or Services or other third party websites or applications for purposes directly related to operating the Site or the Services including: providing, improving, promoting, developing, or facilitating the Service and use of the Service by you and other users. We reserve the right to access your account in order to respond to your requests for technical support.
You understand that even though data transfers on the Site and Services are encrypted and we do our best to protect the security of your information and User Content, we cannot guarantee that certain operation of the Services, including transmission to and by Flowcite’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services will always be properly encrypted. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. We will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.
Our Services may only be used for lawful and ethical purposes. Users are not permitted to plagiarize or otherwise copy any content presented within the Site and Services for their own use without crediting/acknowledging the original author/producer of said content. You agree that you will not post:
1. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or any agreement with any party, including any licensing agreement entered into with a third party;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Flowcite;
4. Personal information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
5. Viruses, corrupted data or other harmful, disruptive or destructive files;
6. User Content that advertises or promotes any undertaking, for profit or otherwise, to other users;
7. User Content that is completely unrelated to the topic of the Site and Services; or
8. User Content or links to content that, in the sole judgment of Flowcite, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Site or the Services, (d) spreads or supports hateful, obscene, inflammatory, or incendiary speech or content; (e) promotes sexually explicit or violent content or (f) harasses or intimidates other users or persons, (g) which may expose Flowcite or its affiliates or its users to any harm or liability of any type.
ACCOUNT AND TERMINATION
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
PAYMENT AND FEES
REFUND AND CHARGEBACK
We will not, under any circumstances, issue cash refunds for early plan cancellation. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account or credit card account for the appropriate amount (“Refund”). We have a zero-tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from use of the Services. Any past due fees and costs may result in restriction in access to the Services.
DISCLAIMER OF WARRANTY
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL FLOWCITE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
LINKS TO THIRD PARTY WEBSITES
Our Services may contain links to third-party web sites or services that are not owned or controlled by Flowcite.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Flowcite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE FLOWCITE BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICES;
- THE FLOWCITE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FLOWCITE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF FLOWCITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL FLOWCITE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO FLOWCITE IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT FLOWCITE’S OBLIGATION TO PAY
PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE FLOWCITE’S
LIABILITY FOR FLOWCITE’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH FLOWCITE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FLOWCITE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER FLOWCITE CONTENT OWNED OR CONTROLLED BY FLOWCITE, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER FLOWCITE CONTENT OWNED OR CONTROLLED BY FLOWCITE.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA COMPLIANCE
Users may not post content or use the Services for content that infringes on a third party’s intellectual property rights and we may remove any such content, without prior notice to users. Please notify us if you are aware of any intellectual property right infringement by a user of our Services. In compliance with Section 512 of the Digital Millennium Copyright Act of 1998 (the “DMCA”), we designate the following individual to receive any notifications of an alleged infringement:
Attention: Guillaume Grust
2035 Sunset Lake Road, Suite B-2, 19702 Newark, Delaware, United States of America email@example.com
An effective notification should include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A notification that does not comply with all the above-mentioned requirements may not be valid. If you believe that a notice was wrongly filed against you, under the DMCA, you may file a counter-notice to our designated individual with the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which we are located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
We are responsible for the investigation, defense, settlement and discharge of any intellectual property infringement relating to the Services.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Flowcite will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third-party’s intellectual property rights.
IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY FLOWCITE, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. You agree we may provide your notice to the provider of the allegedly infringing material.
We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others.
NOTIFICATIONS AND EMAILS
By registering an Account and/or using the Service, you consent to receiving electronic communications from us relating to your Account, purchases and the Services. These communications may involve sending emails to your e-mail address provided during registration and will include notices about your Account (e.g., payment authorizations, change in password or payment method, confirmation e-mails and other transactional information) and are part of your relationship with Flowcite. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
You can change your e-mail preferences by simply going to https://app.flowcite.com on the profile page of the Application and changing the settings as you see fit.
Users may submit complaints, in writing, to firstname.lastname@example.org. Users must provide a detailed description of the basis of their complaint and their contact information to enable us to respond in a timely and appropriate fashion. All complaints are reviewed by Flowcite Compliance and users will receive a detailed response within 30 calendar days of submitting their complaint.
DISPUTE PROCESS AND SCOPE
Initial Dispute Resolution – In the event of any dispute between you and Flowcite, you, agree to resolve any claim, dispute, or controversy that arises out of or relates to this Terms Use, in accordance with this Section. Before serving a demand for arbitration of a claim, User must first notify Flowcite of the claim at Attn: Legal, 2035 Sunset Lake Road, Suite B-2, 19702 Newark, Delaware, United States of America or by email to email@example.com, and seek informal resolution of the claim. Any notice from you must include your name, pertinent account information, a brief description of the claim, and your contact information. Flowcite shall have 60 days from the date of the receipt of the notice to informally resolve your claim, which, if successful, will preclude the need for any further action.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties
expressly waive their right to file a class action or seek relief on a class basis. YOU AND FLOWCITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Survival. This Dispute Process and Scope section shall survive any termination of your use of the Services.
Flowcite may, from time to time and at our sole discretion, update these terms with or without notice to users. Users are encouraged to review our site, our Terms, and any notifications, messages and communications from us to ensure they are abreast of any changes as they are made. Ongoing use of the Site and Services implies consent to and acceptance of any changes.
If you have any questions regarding this policy and your responsibilities under it please contact us at firstname.lastname@example.org.
Last Updated and Effective: May 4, 2020