Flurrio Terms of Use

Flurrio is a platform owned and operated by WaveCrest Entertainment LLC. We want everyone to be able to fulfill the promise of social platforms; to freely share their ideas, creativity, and important moments with friends, family, and fans in a safe and secure environment. To accomplish that, users of Flurrio (its website, platform, mobile apps, services, and related entities collectively known as "we", "us", or the "Services") must agree to follow these Terms of Use ("Terms") put in place to protect the users of the Services.

These Terms outline the rules and regulations for the use of the Services. To use the Services you must agree to be bound by these Terms. You may not use the Services without agreeing to and following these Terms.

Privacy

Read our Privacy Policy (https://flurrio.com/legal/privacy) for details on how we handle the information you provide to us when you use the Services. By using the Services you consent to the collection, storage, and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to other countries as outlined in the Data Processing section of this document.

User accounts

To access the Services, you are required to create a User Account, which may include providing your full name, username, email address, password, biography, profile links, profile picture/avatar, and any other information shared on your user profile. You agree that the information you provide is accurate, and you are not using someone else's email address or name in an attempt to impersonate that person. You agree to take sole responsibility for protecting the security of your login credentials. You are solely responsible for any activity associated with your account. You grant the Services permission to store the information you provide as outlined in the Data Processing section below.

Content

You agree to be responsible for anything you create, write, upload, comment, post, and share when using the Services, including post text, comment text, message text, profile text, profile information, URLs, images, audio, and video (collectively, "Content"). You are responsible for ensuring these Terms are adhered to. You agree that you own or have rights to all Content you upload, share, and publish. You should only provide Content that you are comfortable sharing with others.

You grant the Services the right to access, host, encode, distribute, and share your Content as directed by you, based on the settings you choose when creating and sharing such Content. You grant the Services the right to share the Content of your posts with other users, based on the visibility settings you select when creating each post.

You agree and understand that if you choose to make your Content public, it may be seen by anyone, either a logged in authenticated user or an unauthenticated visitor (human or bot). You agree and understand that comments you make on posts can be seen by anyone who has access to the post.

You agree to the following regarding the Content you upload, as well as the way you use the Services:

Parts of the Services offer an opportunity for users to post and exchange opinions and information in certain areas, including the Content of posts, comments, and messages. Content on the Service does not reflect the views and opinions of the Services; Content reflects the views and opinions of the person who posted their views and opinions.

To the extent permitted by applicable laws, the Services shall not be liable for the Content on the Services created, posted, or shared by the users, or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the posts, Content, comments, and messages on the Services. The Services cannot and does not take responsibility for the Content on the Services.

Additionally, the Services is not responsible for the Content on third-party websites that users share links to, either on their profile, or in comments, posts, or messages. Only visit such links if you trust the user who shared the link; the Services is not responsible or liable for any result of you visiting a url outside of the Services' domain. Visit such links at your own risk.

We reserve the right to remove Content that violates these Terms, including for copyright or trademark violations, impersonation, unlawful conduct, or harassment.

Mature Content

While the Services' primary focus is on sharing important moments with friends and family, the Services does allow for the sharing of legal Content that is considered for mature audiences or is "Not Safe For Work" ("NSFW", or "Mature Content").

The Services automatically detects Content that could be considered Mature and NSFW. This includes but is not limited to Content with sexuality, nudity, violence, or gore. By default, images, audio, and video tagged as Mature (NSFW) will be hidden from view when you are logged in, and will not be publicly viewable to anyone not logged in.

If you would like to view imagery tagged as NSFW when logged in, you may change your Content Settings from the Settings screen, if they are available. You can also choose to keep NSFW imagery blurred by default, or choose not to have it blurred.

Depending on your location, Mature Content and the related settings may or may not be available to you, as it is not available in all countries.

The technology used to identify Mature Content is a combination of in-house algorithms and AI, plus third-party services as described in the Sub-Processors list. For any third party services used, the Services has an "AI Services Opt-Out Policy" in place to ensure your content is not stored or used for service improvements. The content you upload is never used to train AI.

If you see Mature Content on the services not correctly tagged as "NSFW", you may tag it as NSFW from the item menu to help improve the community experience on the Services.

DMCA and copyright

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, the Services will respond to claims of copyright infringement regarding Content shared using the Services that are reported to the Services' Designated Copyright Agent, through the form at the link below.

If you believe Content on the Services violates copyright law and your rights as the copyright holder of such Content, fill out our contact form here with details of the infringement: https://www.wavecreststudios.com/contact/

Age restriction

You must be at least 18 years old to register for the Services, or use the Service's apps.

We want to ensure Flurrio is a safe environment for everyone, and have the age restriction for two important reasons. Studies have shown that social media can be detrimental to the mental health of teenagers. Additionally, Flurrio allows for the sharing of mature content, and we require people to be an appropriate age in case they encounter such content on the platform.

You agree to indemnify and hold the Services, their affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, and damages as a result of any interaction with or viewing of any and all Content shared by you or other users of the Services.

Reported/flagged Content

If you discover Content on the Services that is in violation of these Terms, you may "Report" or "Flag" the Content using the item menu for that Content in the interface. Content that receives Reports from multiple users will automatically be hidden from the platform based on the Services' content moderation algorithms.

If your Content has been flagged or hidden through such means and you disagree that it violates these Terms, you may be able to submit an "Appeal" from the item menu for that Content.

The Services will review Reports and Appeals we receive, and after the Services performs such review for specific Content and renders a decision, that decision is final.

Accounts that regularly post Content that is Reported and/or removed from the Services risk suspension of their account, as the Services does not tolerate repeated violations of these Terms. The Services reserves the right to suspend any account that violates these Terms.

Profile Content

Separate from the Content of your posts, you may add design elements to your profile, including changing the color scheme, uploading a banner image, and uploading an avatar image ("Profile Imagery"). You may not upload imagery considered mature or NSFW as your Profile Imagery; Profile Imagery must not contain depictions sex, nudity, violence, gore, or hate.

Verified accounts

Public figures, organizations, and companies have the ability to be verified by the Services to inform users that they are viewing and interacting with the actual public entity. Verified accounts will feature a check mark next to their name. To start the verification process, fill out the contact form at https://www.wavecreststudios.com/contact/

Blocking accounts

If you encounter a user who is using the Services in a manner that goes against these Terms, you should report them. You may also choose to Block such users from the item menu when viewing their profile page, or as a follow-up option when reporting their Content. You may Block any user on the platform for any reason, and users who you've blocked will no longer be able to see your Content or profile, or interact with you. You will no longer be able to see their Content or profile as well.

Access to accounts

There may be moments where the Services is inaccessible by you, due to regular maintenance, connectivity issues, regional restrictions, issues with other service providers, or other reasons, and the Services is not liable for such downtime or inaccessibility.

The Services reserves the right to deny access to your account and/or suspend your account without warning, at any time, for any reason. The Services makes no guarantees regarding your access to your account. Additionally, if you violate these Terms, the Services reserves the right to immediately suspend your account and/or delete your Content.

The Services does not make any guarantees or agreement that you in any way have any rights or ownership (implied or otherwise) to the username you choose for your user profile and the resulting url that links directly to your user profile. The Services may take ownership of your user profile username at any time, for any reason, and offer a replacement username for you to use. In such a case, the Services will communicate such change to you ahead of time.

Data processing

As a global platform, the Services may need to process Personal Information out of the country that you are located. All such transfers of Personal Information shall be in accordance with Applicable Law, and the Services shall ensure appropriate safeguards are maintained.

All user data you provide to the Services, including but not limited to name, username, email address, and text content (including but not limited to profile biography, profile links, posts, comments, messages), are stored in database servers located within the United States ("US"). If you upload images, audio, or video from a country located in the European Union ("EU"), those images, audio, and video will be stored on cloud storage located within the EU. Otherwise, images, audio, and video you upload will be stored on cloud storage in locations globally optimized for traffic. Additionally, the Services may use a Content Deliver Network ("CDN") to deliver Content to users who have been granted access to such Content, and the CDN may store Content or proxies of Content on Edge Servers located in different regions around the world. For information on the cloud service providers and CDN providers, view the Sub-Processor document linked below. By using the Services you agree to allow the processing and storage of your user data and Content as described herein.

The Services uses a variety of Sub-Processors for carrying out certain functionality of the Services. To view a list of the Sub-Processors the Services uses, their addresses, their privacy policies, and what they are used for, visit the Sub-Processor list here: https://flurrio.com/legal/sub-processors

The User Data and Content that you provide to the Services will not be disclosed to third parties except as outlined in the Sub-Processor list or to comply with any legal, regulatory, or investigative inquiries. Your activity on the Services may be monitored in an anonymized, aggregate way that is in no way personally identifiable in order to improve the services and respond to errors in aggregate. Review our privacy policy and the Sub-Processor list for more details.

Security

The Services will maintain technical and organizational measures to ensure the security of user data and Content and protect such user data and Content against a data breach. The Services shall only grant access to User Data and Content to members of its personnel and Sub-Processors to the extent strictly necessary for the provision and functionality of the Services. The Services shall ensure that persons authorized to process such data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. The Services shall treat all User Data and Content as strictly confidential.

General app and platform availability

The Services (including related mobile apps) may or may not be available to you, depending on your location. The Services mobile apps and platform access is not available in all countries. The Services may expand the list of countries supported and allowed to access the Services. If the Services is not available in your country yet, you are forbidden from using the Services.

Rate limiting and allowed usage

We reserve the right to limit the frequency of requests you can make to the Services, and reserve the right to block any users abusing their access to the Services and/or in a way that harms the Services or the availability of the Services. To ensure the availability of the Services, if you make unreasonably frequent requests to the Services, you will be blocked and will risk suspension of your account.

You must refrain from overloading or excessively using the Services' network capacity, servers, or bandwidth. Additionally, you are prohibited from harming or disrupting the Services' or third-party networks or servers connected to the Services, as well as interfering with other users' access to the Services.

You are forbidden from scripting or otherwise automating usage of or interaction with the Services in any way that isn't publicly promoted as a publicly available API to do so.

Analytics

The Services collects anonymized analytics for the purpose of ensuring a smooth, error-free experience for all users, and to improve the Services. The analytics provider(s) we use can be viewed on the Sub-Processors list.

Publishing

The Services have the ability for you to link your accounts on other third party platforms and social media accounts ("Publishing Destinations"), to upload content to. You take sole responsibility for the Content you upload to those platforms through the Services, and agree not to link any Publishing Destinations that you do not have rightful permission to access. You also agree to act in accordance with the Publishing Destinations' own terms of use and to not use the Services to publish on your behalf that is in any way in violation of the terms of use of that Publishing Destination. You also agree to the Publishing Destination's own privacy policy regarding the Content you ask the Services to publish on your behalf. You agree not to publish Content you do not have the right to publish.

To view a list of the Publishing Destinations and their terms of use and privacy policies, visit https://flurrio.com/legal/publishing

When the Services posts Content to an external Publishing Destination on your behalf, the Content of the post is securely transmitted to the Publishing Destination"s own platform and will remain outside of the control of the Services. The Services is not liable for any result that may occur from posting the Content to that platform on your behalf as requested and authorized by you. You agree to indemnify and hold the Services, their affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, and damages as a result of granting authorization to a Publishing Destination for the Services to be able to post on your behalf and of asking the Services to post Content to a Publishing Destination on your behalf.

Disruptions of service

You agree that you access the Services at your own risk. You agree there is the possibility for a disruption of the Services (including from any of the Sub-Processors used by the Services) due to technical issues or other causes, and you agree to indemnify and hold harmless the Services from all claims, damages, liabilities, losses, costs and expenses (including attorneys' fees) arising out of any disruptions of the Services including loss of data and Content.

Cookies

Most interactive websites use cookies and local storage to let us retrieve the user's details for each visit. Cookies and/or local/session storage may be used by the Services to enable the functionality of certain areas to make it easier for people visiting and using the Services. Some affiliate/advertising partners may also use cookies. We may also use cookies and/or local/session storage to store certain information about your session, including login information. For more information, review our Privacy Policy.

License

Unless otherwise stated, the Services and/or its licensors own the intellectual property rights for all material on the Services. All intellectual property rights, trademarks, and logos are reserved. You may access them from the Services for your own use subjected to restrictions set in these Terms.

Advertising

To cover the costs of operating the Services, you may see various advertisements throughout the user interface. There may be certain features you can unlock by viewing an advertisement.

You may be presented with additional options to control how data is used by the advertisers, including if you live in a region covered by the General Data Protection Regulation (GDPR).

The Services does not share your profile info or the Content of your posts with ad providers, but in order to show you more relevant ads, the ad providers may collect or request to collect what ads you interact with and some device data as described in the Sub-Processors list. It's a necessary balance to achieve the goals of the platform while allowing the revenue to support it.

The Services uses reputable advertisement networks, but does not have full control over which advertisements are shown. As a result, the Services is not responsible for the content of any advertisements, nor for any links or apps promoted in such advertisements. If you decide to respond to an ad, including but not limited to clicking or tapping on an ad to visit a web page or download a third party app, you do so at your own risk. The Services is not responsible or liable for any result of you responding to an advertisement.

Disclaimer

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICES BE LIABLE CONCERNING THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL (INCLUDING ANY ERROR OR DAMAGE ATTRIBUTABLE TO ANY NETWORK OR SYSTEM), (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL.

You agree to indemnify and hold the Services, their affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to (a) the Services and your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.