The Flat Stanley applications and the related services are operated by Flatter World Inc. ("Flatter World"). By using the Flat Stanley applications and the related services (collectively, the "Service"), you are agreeing to be bound by the following terms and conditions ("Agreement").
This Agreement was written in English (US). To the extent any translated version of this Agreement conflicts with the English version, the English version controls.
Date of Last Revision: July 17, 2011. We can change this Agreement and when we do, we'll provide you notice.
You own all of the content and information you post in connection with the Service, and you can control how it is shared through your privacy and application settings.
For content that is covered by intellectual property rights, like photos and videos ("IP content"), subject to your privacy and application settings, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Service ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you publish content or information using the "everyone Flatter World" setting, it means that you are allowing everyone, including people who are not authorized users of the Service, to access and use that information, and to associate it with you (i.e., your name username and profile picture).
We do our best to keep the Service safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications (such as spam) on Flatter World.
You will not collect users' content or information, or otherwise access Flatter World, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Flatter World.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity, sexually suggestive, or graphic or gratuitous violence; is related to tobacco, alcohol-related or other mature content.
You will not use the Service to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of the Service, such as a denial of service attack.
You will not facilitate or encourage any violations of this Agreement.
You will not provide any false personal information on the Service, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
You will not use Flatter World if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Kids and Parents
Parents: please be aware that, if you allow your Child to use your phone, he/she may create, access and use the Service under your identity, and we have no way to monitor whether such activities are taken by you or by the Child. As such, you acknowledge and agree that we will treat such activities as taken by you.
No violation of Other People's Rights
You will not post content or take any action on the Service that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on the Service if we believe that it violates this Agreement.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. You will not use our copyrights or trademarks (including Flatter World, Flat Stanley), or any confusingly similar marks, without our written permission.
Advertisements and Promotion
You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
We do not give your content or information to advertisers without your consent.
You understand that we may not always identify paid services and communications as such.
If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Service to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Agreement shall terminate, but the following provisions will still apply.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Agreement or the Service exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on the Service you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE ARE PROVIDING THE SERVICE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE SAFE OR SECURE. FLATTER WORLD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "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." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FLATTER WORLD'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Users Outside the United States
You consent to having your personal data transferred to and processed in the United States.
The Service contains content of Flatter World (including but not limited to the Flat Stanley characters and the trademarks Flat Stanley and Flatter World). Flatter World's content is protected by copyright, trademark, patent, trade secret and other laws, and Flatter World owns and retains all rights in Flatter world's content and the Service.
This Agreement makes up the entire Agreement between the parties regarding the Service, and supersedes any prior agreements.
If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Agreement, it will not be considered a waiver.
Any amendment to or waiver of this Agreement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Agreement shall prevent us from complying with the law.
This Agreement does not confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing the Service.