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TERMS OF SERVICE

FLOWS STORE



TERMS OF SERVICE

This is a legal agreement between you and DSPENGINEERING Srl a socio unico (“DSPENGINEERING”) stating the terms that govern your use of the Flows Store service. This agreement – together with all updates, additional terms and all Flows/ DSPENGINEERING rules and policies referred to in this agreement – collectively constitute the “Agreement” between you and DSPENGINEERING. To agree to these terms, click “Agree”. If you do not agree to these terms, do not click “Agree”, and do not use the service. You must accept and abide by these terms as presented to you; changes, additions, or deletions are not acceptable, and DSPENGINEERING may refuse access to the Flows Store for non-compliance with any part of this Agreement. This Agreement applies without prejudice to software licences that you may have entered into, such as for the use of the Flows application.

1. Definition of the Flows Store Service. DSPENGINEERING is the provider of the Flows Store (the “Service”) that permits you to acquire a licence for physical and/or digital content including sound recordings, videos, games and software under certain terms and conditions as set forth in this Agreement. DSPENGINEERING is the provider of the Flows application.

2. Use of the Service.

a. Age Requirements. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

b. IMPORTANT SAFETY INFORMATION. (1) To avoid muscle, joint or eye strain during video game play, you should always take frequent breaks from playing, and stop and take a longer rest if your eyes, hands, wrists, or arms become tired or sore or you feel any other discomfort. (2) A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing video games if you have ever suffered these or other symptoms linked to seizures and/or epilepsy, and stop playing immediately and see a doctor if these or similar symptoms occur during game play. Parents should monitor their children’s video game play for signs of symptoms.

3. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that DSPENGINEERING shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that DSPENGINEERING does not guarantee their accuracy.

4. System Requirements. Use of the Service requires a device such as a mobile phone with the Flows application installed, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

5. Applicable Terms. This Agreement applies to any use of the Service.

6. Privacy.

DSPENGINEERING will, from time to time, automatically collect information that can be used to identify media in your Flows library, such as your play history and play lists. This includes media purchased through Flows and media obtained from other sources. DSPENGINEERING will use this information and the contents of your Flows library, as well as other information, to give personalised recommendations to you.

DSPENGINEERING may use this information and combine it with aggregated information from the Flows libraries of other users, your Flows Store purchase history data, aggregated purchase history data from other Flows users, and other information obtained from third parties, to:

• Create personalised playlists for you.

• Provide you with recommendations regarding media and other products and services that you may wish to purchase.

• Provide recommendations regarding products and services to other users.

7. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. DSPENGINEERING may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that DSPENGINEERING may store and use the Registration Data you provide (including payment card information) for use in maintaining your accounts and billing fees to your payment card.

8. User Account Security.

a. Account and Password. As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify DSPENGINEERING of any unauthorised use of your Account or any other breach of security. DSPENGINEERING shall not be responsible for any losses arising out of the unauthorised use of your Account which is not due to the negligence of DSPENGINEERING.

b. Security. You will not access the Service by any means other than through software that is provided by DSPENGINEERING for accessing the Service. You shall not access or attempt to access an Account that you are not authorised to access. You agree not to modify the software that is provided by DSPENGINEERING to access the Service in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorised access to the Service. Violations of system or network security may result in civil or criminal liability.

9. Purchase of Flows Content

a. Products Requirements. You acknowledge that certain uses of content acquired from the Service may require the use of other hardware and software products (e.g., a CD burner is required to burn a song to a CD, and a portable digital player is required to listen to or view content acquired from the Service on the go), and that such hardware and software is your responsibility. Once content is acquired and you receive such content, it is your responsibility not to lose, destroy, or damage such content, and DSPENGINEERING shall be without liability to you in the event of any loss, destruction, or damage to content which is not due to the negligence of DSPENGINEERING.

b. Use of Products. You agree that the Products are provided to you by way of licence only. You understand that the Service, and products purchased through the Service, such as sound recordings, videos, games, software and related artwork (“Products”), may include a security framework using technology that protects digital information (“Security Framework”). Your usage of the Products, whether or not protected by a Security Framework, is limited to certain usage rules established by DSPENGINEERING and its licensors (“Usage Rules”). You acknowledge that your usage of the Products is limited to the following Usage Rules. You agree to use Products in compliance with such Usage Rules.

Usage Rules.

(i) Your use of the Products is conditional upon your prior acceptance of the terms of this Agreement.

(ii) You license of Products, as authorised hereunder permits you to use the Products only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicence, to the extent permitted by law.

For details of your rights and restrictions on your rights to use the Products, see:

- http://www.siae.it/

(iii) You shall be authorised to use the Products on up to 2 devices (such as a computer) at any time.

(iv) You shall be authorised to store and/or burn Products on up to 3 devices devices (such as a mobile phone, a computer and a CD), at a time.

(v) You shall be entitled to export, burn (if applicable) or copy Products solely for personal, noncommercial use.

(vi) You may not use Products as a musical "ringer" in connection with phone calls.

(vii) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product. You may use the CD to which you have burned your Products in the same ways in which you may use a CD purchased from a retail store, subject to Italian copyright laws.

(viii) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Products.

(ix) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

(x) Flows Products may not contain security technology that limits your usage of such Products. You may copy, store and burn Flows Products as reasonably necessary for personal, noncommercial use.

(xi) Usage rules for software Products are governed by the terms of any end user agreement or other terms and conditions required for use of such products.

c. Content Security. You agree not to violate or attempt to violate any element of the Security Framework. You agree not to attempt to, or encourage or assist any other person to, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any part of the Security Framework, or any other technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Products for whatever reason. Notwithstanding other provisions, you are allowed to burn audio Products to CD, within the limits of the Usage Rules. Usage Rules may be controlled and monitored by DSPENGINEERING for compliance purposes, and DSPENGINEERING reserves the right to enforce the Usage Rules with or without notice to you.

d. You agree that your acquisition of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party.

e. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of DSPENGINEERING.

f. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that your possible participation in any such activities and any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, and that you have obtained all necessary rights, licences or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant DSPENGINEERING a worldwide, royalty-free, non-exclusive licence to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.

DSPENGINEERING reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.

DSPENGINEERING has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that DSPENGINEERING in its sole discretion deems appropriate.

10. Agreement to Pay.

a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that DSPENGINEERING may charge your payment card or Account for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing DSPENGINEERING with a valid payment card for payment of all fees. All fees will be billed to the payment card, you designate during the purchase process.

b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions that you enter into on this site, including notices of cancellation, policies, contracts and applications.

d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

11. Right of Withdrawal and Delivery of Products.

a. You have the right to withdraw from your purchase without penalty and without giving any reason until delivery of the Products has started.

b. Interrupted Delivery to mobile or fixed device. If delivery of a Product you purchased using electronic networks on a mobile or fixed device is interrupted, your transaction will be included in your download queue. You may resume the delivery to your DSPENGINEERING-authorised device from the Flows web application.

12. Intellectual Property.

a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by DSPENGINEERING and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.

b. Removal of Flows Content or Other Materials. Notwithstanding any other provision of this Agreement, DSPENGINEERING and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials that are offered by the Service without notice. In no event will DSPENGINEERING be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. DSPENGINEERING may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability. Removal of content from the Service will not affect content that you have already acquired from the Service.

c. Copyrights. All copyrights in and to the Service, including but not limited to, the Flows Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources, are owned by DSPENGINEERING and/or its licensors, who reserve all of their rights in law and equity. The use of any part of the Service, except for use of the Service as permitted in these Terms of Service, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

d. Trademarks. DSPENGINEERING, the DSPENGINEERING logo, and other DSPENGINEERING trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of DSPENGINEERING. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trademarks and any use of such trademarks.

e. Album Cover Art. As an account holder of the Service in good standing, DSPENGINEERING may provide you with limited access to download certain album cover art for music stored in the Flows Library of your Flows application, subject to availability. Such access is provided as an accommodation only, and DSPENGINEERING does not warrant or endorse and does not assume and will not have any liability or responsibility for such album cover art or your use thereof. You may only access album cover art (to the extent available) for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate these Terms of Service or the rights of any other party, and that DSPENGINEERING is not in any way responsible for any such use by you.

13. Termination.

a. Termination by DSPENGINEERING. If you fail, or DSPENGINEERING has strong grounds to believe that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide DSPENGINEERING with a valid payment card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any licence to the software, or infringement or other violation of third parties’ rights, DSPENGINEERING, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the licence to the software; and/or (iii) preclude access to the Service (or any part thereof).

b. Termination of the Service. DSPENGINEERING reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time and DSPENGINEERING will not be liable. To the extent possible, DSPENGINEERING will warn you in advance of any modification, suspension or discontinuation of the Service. Termination of the Service will not affect the Products that you have already acquired. However, you may be unable to authorise additional computers to use Products protected by the Security Framework.

14. General Compliance with Laws. The Service is controlled and operated by DSPENGINEERING from its offices in Italy. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

15. Enforcement of These Terms. DSPENGINEERING reserves the right to takes steps DSPENGINEERING believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to DSPENGINEERING' right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that DSPENGINEERING has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as DSPENGINEERING believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to DSPENGINEERING’ right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).

16. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, DSPENGINEERING may provide links to certain third party Web sites. You acknowledge and agree that DSPENGINEERING is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. DSPENGINEERING does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that DSPENGINEERING is not in any way responsible for any such use by you.

17. Disclaimer of Warranties; Liability Limitations.

a. DSPENGINEERING will provide the Service with reasonable care and skill. DSPENGINEERING does not make any other promises or warranties about the Service and in particular does not warrant that:

(i) your use of the Service will be uninterrupted or error-free. You agree that from time to time DSPENGINEERING may remove the Service for indefinite periods of time, or cancel the Service at any time for technical or operational reasons and will, to the extent practicable, notify you of this;

(ii) the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion which shall be events of Force Majeure, and DSPENGINEERING disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Products purchased from the Flows Store that are stored in your system.

b. Except as set out in section 17(d), in no case shall DSPENGINEERING, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any loss or damage caused by DSPENGINEERING, its employees or agents where:

(i) there is no breach of a legal duty of care owed to you by DSPENGINEERING or by any of our employees or agents;

(ii) it is not a reasonably foreseeable result of any such breach;

(iii) any increase in loss or damage results from breach by you of any term of this Agreement;

(iv) it results from a decision by DSPENGINEERING to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of DSPENGINEERING’ conclusion that a violation of this Agreement has occurred; or

(v) it relates to loss of income, business or profits, or any loss or corruption of data in connection with your use of the Service.

c. DSPENGINEERING shall use reasonable efforts to protect information submitted by you in connection with the Services, but you acknowledge and agree that your submission of such information is at your sole risk, and DSPENGINEERING hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

d. Nothing in this Agreement removes or limits DSPENGINEERING’ liability for fraud, or for death or personal injury caused by its negligence.

18. By using the Service, you agree you are liable to DSPENGINEERING, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claims arising out of your breach of this Agreement, or any action taken by DSPENGINEERING as part of its investigation of a suspected violation of this Agreement or as a result of its findings or decision that a violation of this Agreement has occurred.

19. Changes. DSPENGINEERING reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms”) will be communicated to you and, if accepted, will be effective immediately and will be incorporated into this Agreement. In the event that you refuse to accept such changes, DSPENGINEERING will have the right to terminate the Agreement and prevent further purchases by you from the Flows Store.

20. Notices. DSPENGINEERING may send you notice with respect to the Service by sending an email message to the email address listed in your DSPENGINEERING Account contact information, by sending a letter via postal mail to the contact address listed in your DSPENGINEERING Account contact information, or by a posting on the Flows Store. Notices shall become effective immediately.

21. Governing Law. This Agreement and the use of the Service is governed by Italian law.

22. Miscellaneous. This Agreement constitutes the entire agreement between you and DSPENGINEERING and governs your use of the Service, superseding any prior agreements between you and DSPENGINEERING. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content, or third party software. DSPENGINEERING’ failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. DSPENGINEERING will not be responsible for failures to fulfil any obligations due to causes beyond its control.



About Flows

Flows is a project by DSPENGINEERING Srl a socio unico. Legal Office: Via Bertani 8, 20154 Milan, Italy. VAT Number: 03607080961. SIAE License: 1485/I/1543.

Last updated: 23 August 2012