Flinto for Mac

Flinto provides the Services (as further defined below) available at the Site to Users subject to this User Agreement, Flinto’s Privacy Policy and other terms and conditions provided in this document or on the Site (collectively, the “Policies”) In addition, when using particular Services at the Site, guidelines or rules may be posted which are applicable to your use of those Services Your use of the Site and your relationship with Flinto are subject to all Policies all of which are incorporated by reference into this User Agreement

Please read this User Agreement carefully before accessing or using the Site Accessing the Site signifies your agreement to be bound by all of the Policies contained in the most current version of this User Agreement Using Flinto’s ordering capabilities signifies your representation and warranty that you agree and consent to abide by all Policies, without exception Flinto reserves all rights and remedies it may have at law and equity against persons using the Site who do not agree to be bound by the Policies

Note: If you do not agree to be bound by all the policies or cannot comply with the policies, do not access or use the site

When you create an Flinto account, you need to provide certain personal information, including your email address We protect and use this information as set forth in our Privacy Policy, which Privacy Policy is subject to modification from time to time at our sole discretion

The Site is owned and operated by Flinto Flinto provides online Services to, including but not limited to: the ability to upload, view, manipulate and store User digital images, the virtual display of such digital images in, the processing of e-commerce transactions for User purchases of Flinto services, order fulfillment, and User credit card billing (hereinafter collectively, the “Services”) To continue to enjoy the commercial benefits of our services, Flinto maintains an assortment of intellectual property, including trademarks, trade dress, copyrights and other intellectual property (“IP”) Unless otherwise specified, the designs depicted in this Site are the property of Flinto Any use of these designs without the express written consent of Flinto is prohibited Flinto and all the IP contained on this Site are protected under domestic and international IP laws You acknowledge that Flinto provides access to its Site that contains content that is protected by IP rights You will only use such content in a legal manner, in compliance with all applicable laws and regulations and this User Agreement

The uploading, viewing, manipulation, storage or other use of third-party logos, trademarks and trade names on merchandise in this Site are for illustrative purposes to represent Flinto’s expertise in design tools and services Such use does not imply an endorsement or association between Flinto and any third-party, nor does it indicate that the merchandise has been used or purchased by any third-party Merchandise featuring these designs is not for sale to anyone other than authorized representatives of the owners of the logos, trademarks and trade names

Unless otherwise specified, Flinto owns the copyright in designs and images that are featured on this Site for demonstration of Flinto services, or other publication Copyright in the web pages and in the screens displaying the web pages, in the content of those web screens and web pages, and in the selection, coordination and arrangement of that content, is owned by Flinto No part of the Site or contents thereof may be reproduced, stored, or re-distributed, in any form or by any means whatsoever without the express prior written consent of Flinto In the event of any permitted reproduction, redistribution or publication of copyrighted material, no changes in or deletion of attribution or copyright or trademark notices shall be made and Flinto expressly reserves all rights in its IP materials

Flinto does not authorize use of its trademarks without express prior written consent of Flinto Flinto controls the use its trademarks by all licensees and authorized parties, and pursues unauthorized use of its trademarks by parties who do not have a valid license or authorization from Flinto Flinto reserves all rights to object to the use of any Flinto trademark, even if User was previously granted permission to use such trademark

Art, Logos, Trademarks, and Other Supplied Materials

Flinto uses digital images, art, logos, and other materials supplied by Users (“Artwork”) in the course of providing Services Flinto assumes no responsibility for determining the proper ownership or proper use of Artwork All liabilities of this nature rest with the Users Users placing orders with Flinto represent and warrant that they have the authority to order, purchase and distribute the Artwork, and that the use or display of the Artwork will not violate any laws, rules, regulations or rights of third parties Flinto assumes no responsibility for determining who does or does not have such authority By submitting Artwork to Flinto, Users agree to defend and hold harmless Flinto for the use of any Artwork and for breach of this warranty Users shall also defend, indemnify and hold Flinto harmless from and against all claims, liabilities and expenses arising out of or related to any actual or alleged infringement or misappropriation of any copyright, trademark or other proprietary rights or merchandise This warranty will remain in effect after delivery of the Services or merchandise, and after termination of this User Agreement

Flinto’s Right to Refuse Services

At its sole discretion and without liability to its Users, Flinto reserves the right to refuse to provide merchandise or Services when it is determined that the Artwork does not meet with Flinto’s standards Such standards include, but are not limited to, images Flinto deems to be:

• Abusive, pornographic, deceptive, obscene, slanderous, defamatory, or otherwise inappropriate;
• Compromise copyrighted or trademark laws;
• Violates or otherwise encroaches upon the rights of any third party;
• Advocates illegal activities or is otherwise deemed harmful or offensive

Users are required to obtain an account from Flinto to order Services from the Site You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you You will ensure that all use of your account complies fully with the provisions of this User Agreement, without exception

Accuracy of Imaging and Merchandise Descriptions

Flinto attempts to be as clear as possible in depicting and describing all services available through the Site However, Flinto does not warrant to Users that service descriptions or other content of the Site are entirely accurate, complete, reliable, current, or error-free If services offered on the Site are not as depicted or described, your sole remedy is to request a refund

Flinto reserves the right at any time to correct any errors in pricing or service descriptions and/or to cancel or refuse to accept any order based upon an incorrect price listing Services and merchandise pricing and/or features are subject to change without notice or liability to Flinto Flinto also reserves the right to limit order quantities

Flinto does not intentionally sell Services for purchase by children or collect information about children Children under 18, but at least 13 years of age, are authorized to use the Site only with the involvement of a parent or legal guardian who agrees to be bound by this User Agreement Children under the age of 13 are expressly prohibited from using the Site, and parents or legal guardians may not agree to this User Agreement on their behalf

Changes to the Site

Flinto reserves the exclusive right, at our discretion, to update, change, modify, add, or remove portions of the Site, the Policies and this User Agreement from time to time including, but not limited to, content, hours of availability, and system requirements The effective date of the latest version of the Policies and User Agreement, as stated below, indicates the last time the Policies and User Agreement were materially modified Checking the effective date below allows you to determine whether there have been material modifications since the last time you reviewed the Policies and User Agreement

The Policies were last materially modified on 01/7/12

Expressly excluding controversies or claims relating to User non-payment of monies owed to Flinto, any other controversy between you and Flinto involving the construction and application of any of the terms, covenants or conditions of this User Agreement and/or the Policies shall be submitted to final, binding and non-appealable arbitration in Santa Cruz County at the request of Flinto, and the arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280-1294 2 of the California Code of Civil Procedure, as amended

Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy otherwise is resolved Either party also may, without waiving any remedy under this User Agreement, seek from any court having jurisdiction located in San Francisco, California, any interim or provisional relief that is necessary to protect the rights or property of that party, pending the arbitrator’s determination of the merits of the controversy

If any portion of this User Agreement shall be deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portions of this User Agreement If a court of competent jurisdiction finds any portion this User Agreement to be invalid or unenforceable, such portion shall be given the maximum effect permitted under applicable law, and the remainder of this User Agreement shall remain valid and fully enforceable according to its terms, and the invalid or unenforceable portion shall be replaced with a valid and enforceable provision that most closely reflects the intention of Flinto

The information, materials and Services provided at the Site are provided on an “as is” and “as available” basis without warranty of any kind, implied, express or statutory, including, but not limited to, warranties of title or non-infringement, implied warranties of merchantability or fitness for a particular purpose, and freedom from computer virus, other than those warranties that are implied by, and incapable of exclusion, restriction or modification under the laws applicable to this User Agreement All use of the Services (including but not limited to the accessing and use of content, information and services, the purchase of merchandise, the transmission of information and other communications by Users, and the downloading of computer files) is at your sole risk Flinto does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials

In no event will Flinto be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with the Site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Flinto, or representatives thereof, are advised of the possibility of such damages, losses or expenses Links to other Internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by Flinto