EULA & Copyright

End User License Agreement

This End User License Agreement ("EULA") is a binding legal agreement between you, as an individual or entity, and FyndFlow. By downloading, installing, or using this application for Android, iOS or other mobile platform, as applicable (the "Software"), you agree to be bound by the terms of this EULA. If you do not agree to this EULA, do not use the Software and delete it. You agree that installation or use of the Software signifies that you have read, understood, and agree to be bound by this EULA.

For clarification, any LinkedIn service (“LinkedIn Service”) accessed through the Software, or otherwise, is also subject to the Terms & Conditions along with Privacy Policy and other legal compliances. Additional terms may apply to specific features. The Software/Service is provided to you under this EULA solely for your private, non-commercial use. Use of the Software or any FyndFlow Service within an organization requires a commercial agreement for the applicable FyndFlow Service.  

We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland. If you reside in the “Designated Countries”, you are entering into this contract with FyndFlow (“BrandingBum Creative Studio”) and FyndFlow will be the controller of your personal data provided to, or collected by or for, or processed in connection with the Software or FyndFlow Service. If you reside outside of the Designated Countries, you are still entering into this contract with FyndFlow and FyndFlow will be the controller of your personal data provided to, or collected by or for, or processed in connection with the Software or FyndFlow. 

Description of Software

The Software is a downloadable software application that enables you to access FyndFlow functionality directly from your Android, iPhone, iPad or other mobile device supported by FyndFlow (“Device”). You may download the Software whether or not you use the FyndFlow Service, but you must associate it with your FyndFlow account to enable its full functionality.

License

FyndFlow hereby grants you, subject to the terms and conditions of this EULA, a non-exclusive, non-transferable personal license to:

  • Use the Software for your own personal use;
  • Install the Software on only one Device; and
  • Make one copy of the Software in any machine readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy.

For clarity, the foregoing is not intended to prohibit you from installing and backing-up the Software for another Device on which you also agreed to the EULA. Each instance of this EULA that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Software on one Device.

Title

Title, ownership and all rights (including without limitation intellectual property rights) in and to the Software shall remain with FyndFlow. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied.

Restrictions

You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.

You may not:

  • Create derivative works based on the Software;
  • Use the Software for any purpose other than as described herein;
  • Copy or reproduce the Software except as described in this EULA;
  • Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;
  • Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or
  • Remove or alter any proprietary notices or marks on the Software.

Personal Information and Privacy

Our handling of personal information we collect through the FyndFlow Services or the Software is governed by our Privacy Policy.

No Warranty

FYNDFLOW DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. LINKEDIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

Right to Terminate or Modify Software

FyndFlow may modify the Software and this EULA without notice. You may cease use of the Software at any time. Either party may terminate this EULA at any time, with or without notice.

U.S. Government Restricted Rights

By accepting delivery, the government agrees that the Software and accompanying documentation qualifies as “commercial” computer software within the meaning of the applicable acquisition regulations. The terms and conditions of this EULA govern the government's use and disclosure of the Software and supersede any conflicting terms and conditions. If this EULA fails to meet the government's needs or is inconsistent in any way with federal law, the government must return the Software, unused, to FyndFlow.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and otherwise hold harmless FyndFlow or BrandingBum, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FYNDFLOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LINKEDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL FYNDFLOW'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO FYNDFLOW. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Export Restrictions

This EULA is expressly made subject to any laws, regulations, orders or other restrictions on the export of software from the United States of America, and may be subject to export and import regulations of other countries. You acknowledge and agree not to import, export, re-export, transfer or use, directly or indirectly, the Software without compliance with such laws, regulations, orders or other restrictions.

General

If you live in the Designated Countries: a) you and FyndFlow agree that the laws of Ireland, excluding conflict of laws rules, shall exclusively govern any dispute relating to this EULA, the Software and/or FyndFlow Service; and b) you and FyndFlow agree that claims and disputes can be litigated only in Bengaluru, Karnataka, India and we each agree to personal jurisdiction of the courts located in Bengaluru, Karnataka, India. For others outside of Designated Countries, including those who live outside of the India: a) you and FyndFlow agree that the laws of the Bengaluru, Karnataka, India, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this EULA, the Software and/or FyndFlow Service; and b) you and FyndFlow both agree that all claims and disputes can be litigated only in the federal or state courts in Bengaluru, Karnataka, India, and you and FyndFlow each agree to personal jurisdiction in those courts. This EULA constitutes the entire agreement between you and FyndFlow regarding the Software. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. LinkedIn, LinkedIn (stylized), the "in" logos, and other FyndFlow-owned logos and names are trademarks of FyndFlow and its affiliates. You agree not to display or use these trademarks in any manner without FyndFlow's prior, written permission. The section titles and numbering of this EULA are displayed for convenience and have no legal effect.

Copyrights

This Website and its Content are protected by Indian and U.S. and/or foreign copyright laws, and belong to the Company or its partners, affiliates, contributors, or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on this Website. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Website as an employee or member of any business or organization, you may download and re-print Content only for educational or other noncommercial purposes within your business or organization, except as otherwise permitted by Company, for example, in certain password-restricted areas of Website. You may not manipulate or alter in any way images or other Content on the Website.

OWNERSHIP OF THE WEBSITE

The Website contains content owned or licensed by FyndFlow. FyndFlow owns and retains all rights in the FyndFlow Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FyndFlow Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the FyndFlow Content.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. 

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) along with the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us. or licensed to us, and  are protected by copyright and trademark laws and various  as well as other intellectual property rights. 

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER GENERATED CONTRIBUTIONS

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  4. your Contributions are not false, inaccurate, or misleading. 
  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. your Contributions do not violate any applicable law, regulation, or rule.
  10. your Contributions do not violate the privacy or publicity rights of any third party.
  11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. your Contributions do not violate any laws concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

Intellectual Property

The Website and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Website without the prior written consent of the Company.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Website infringes a copyright or other intellectual property infringement of any person. The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, You must submit Your notice in writing to the attention of our copyright agent via [email protected] and include in Your notice a detailed description of the alleged infringement. Digital Millennium Copyright Act (DMCA) requires the email address of the Copyright Agent in order to receive infringements notices. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c) (3) for further detail): An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Website where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Any notification by a copyright owner or a person authorized to act on copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. You can contact our copyright agent via our Copyright Infringement mail: [email protected]

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counternotice. All notices and counternotices must meet the then current statutory requirements imposed by the DMCA. See https://www.copyright.gov/title17/92appb.html for details.

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Important Disclaimers