Flevy Terms of Service / User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH FLEVY OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement (the "Agreement" or "User Agreement") for Flevy (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. We may amend this Agreement at any time by posting the amended terms on the Site. Unless otherwise noted, all amended terms become effective immediate to posting on the Site. This Agreement is effective on March 1st, 2012 for all users.
1.0 Permitted Uses.
In using any service provided by Flevy, you will
- comply with all laws;
- comply with any codes of conduct or other notices we provide; and
- promptly notify us if you learn of a security breach related to the service.
2.0 Forbidden Uses.
In using any service provided by Flevy, you may not
- use the service in any way that harms Flevy or its affiliates, resellers, distributors and/or sellers (collectively, the "Flevy parties"), or any customer of a Flevy party;
- engage in, facilitate, or further unlawful conduct;
- damage, disable, overburden, or impair the service (or the networks connected to the service) or interfere with anyone's use and enjoyment of the service;
- resell or redistribute the service, or any part of the service, unless you have a contract with Flevy that permits you to do so;
- use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam"); or
- attempt to decompile or reverse engineer any software contained on the Site.
Joining and usage of Flevy is free. We may change the fees for our services from time to time. Our changes to the fees policy are effective immediate to posting on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes. For each successful sale, Flevy takes a 30% commission. The price for the documents on Flevy excludes taxes, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider.
4.0 Listing and Selling.
As the seller, you must be legally able to sell the item(s) and be the owner of any relevant copyrights you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. You may NOT sell this item anywhere else at a lower price point.
All listed items must be listed in the appropriate functional and industry categories. The Site reserves the right to re-categorize items. The Site will have some precautions in place to enforce items abide to the terms. However, it is impossible for any precautions to be fully effective. It is still the responsibility of the seller to ensure item(s) abide to the terms. The seller is to assume all legal liability if it is determined the seller does not own the necessary copyrights to the seller's listed item(s).
5.0 Standard Purchase Terms
Flevy hereby grants to the customer a perpetual, non-exclusive, non-transferable worldwide License to use the content of the purchased document per the terms defined.
- You may modify the document for your own purposes.
- You may distribute the modified document.
- You may not distribute the purchased document in its source form to anyone outside of your organization.
- You may not resell the purchased document in its source form.
- You must give any other recipients of the Work or Derivative Works a copy of this License.
- You must cause any modified files to carry prominent notices stating that You changed the files.
- You must retain, in the source form of any derivative works that you distribute, all copyright, patent, trademark, and attribution notices from the source form of the work, excluding those notices that do not pertain to any part of the derivative works.
- You may add your own copyright statement to your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of your modifications, or for any such derivative works as a whole, provided your use, reproduction, and distribution of the work otherwise complies with the conditions stated in this License.
- You may not use the trade names, trademarks, service marks, or product names in the original document, except as required for reasonable and customary use in describing the origin of the work.
Unless otherwise specified by the seller, a single License allows you to use the document at a single location for up to 10 people. You must purchase additional Licenses if you intend to use the document beyond the single License usage restrictions. If the seller has different Licensing terms, this will be either stated in the document description on the product page or there will be a link on the product page to these alternate terms.
Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the content, including, without limitation, all copyright and other intellectual property rights relating to the content, are retained by the seller. If the seller chooses to include separate terms within the document, those included terms will take precedence over the ones published here by Flevy.
"Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
7.0 Customer and Seller Communication
A customer can contact a seller through the Site's internal messaging system. During any communication, the buyer and seller are not allowed to exchange contact information, including, but not limited to email address, phone number, online profile, or instant messaging handle.
8.0 Restricted Activities.
Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for sale on a web site other than Flevy's (this does not prevent linking to or advertising a Flevy item from another web site); or (cc) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
Without limiting other remedies, we may limit your activity, immediately remove your purchases or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.
10.0 No Warranty.
We, our subsidiaries, officers, directors, employees, suppliers, vendors, or other associated parties, provide our web site, resources, products, and services "as is" and without any warranty or condition, expressed, implied, or statutory. We, our subsidiaries, officers, directors, employees, and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, implementation of purchased product, and non-infringement. There is expressively no warranty provided for any eventual mistakes or omissions of the Content or that all materials are accurate and up to date. The Content might have errors or omissions in it, be outdated, or not be applicable to the User’s specific situation. It is the responsibility of the User to select the appropriate Content suitable and applicable to his specific use case.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
In no event shall we, our subsidiaries, officers, directors, employees, suppliers, vendors, or other associated parties, be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the the Site, even if the materials or an authorized user of the materials has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law or the fee paid for the products or services provided, whichever is lower.
12.0 No Agency
You and Flevy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
13.0 Payment and Refunds
For sellers, we pay on Net 30 terms on a monthly basis with a minimum payout of $150. As we grow, we hope to shorten our payment cycle for high sale sellers. For customers, your credit card statement will read FLEVY.COM DOCUMENTS, unless you choose to pay through PayPal. We issue a refund within 30 days if you do not receive the item and it is no longer available for download. Otherwise, there are no refunds for item(s) purchased, as a customer can preview the item and communicate with the seller prior to purchase. Please send refund requests to firstname.lastname@example.org. Please be sure to include a detailed description of your problem and an explanation for why you would like us to refund the purchase price.
14.0 Digital Millennium Copyright Act.
Please note that since we respect authors' and content holders' rights, it is Flevy's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Please note that Flevy will promptly terminate without notice any seller's access to Flevy if that seller is determined by Flevy to be a "repeat infringer." A repeat infringer is a seller who has been notified by Flevy of infringing activity violations more than twice and/or who has had item(s) item removed from the Flevy marketplace more than twice.
15.0 Endorsements and Testimonials of Advertising
In giving endorsements and/or testimonials of Flevy and/or its products and services, you must comply with all applicable laws. This is not limited to those associated with our Partner Program.
16.0 Revisions and Errata
The materials appearing on the Site may include technical, typographical, or photographic errors. Flevt does not warrant that any of the materials on its web site are accurate, complete, or current. Flevy and the sellers on Flevy may make changes to the materials contained on its web site at any time without notice. Flevy or the sellers do not, however, make any commitment to update the materials.
17.0 Flevy Executive Learning
This section is specific to the Flevy Executive Learning offering. Permission is granted to temporarily download one copy of any downloadable materials on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Flevy at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.