Flowcast Terms of Service
Effective Date: June 14, 2024
1. Introduction
Welcome to Flowcast!
Flowcast is a product of Wanderloots Ltd. These Terms are a binding contract between you and Wanderloots Ltd. ("we", "our", or "us"). By accessing or using Flowcast (the "Service"), you agree to comply with these Terms of Service (the "Terms"). These Terms govern your use of our website and application, including any content, functionality, and services offered.
2. Acceptance of Terms
By accessing or using the Service, you agree to be bound by these Terms, our [[Privacy Policy], and our [Content Guidelines]. If you do not agree with these Terms, you may not use the Service.
3. Eligibility
You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent's or guardian%apos;s permission to use Flowcast and that your parent or guardian agrees to these Terms on your behalf). The Service is available to users worldwide.
If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" throughout this document refer to that organization or entity).
Currently, you must connect your digital wallet to access and use the Service.
4. User Accounts and Security
Users access Flowcast through wallet connections. By connecting your wallet, you create an Account with Flowcast. You are responsible for maintaining the confidentiality of your wallet and any connected social media accounts. We use third-party services, such as Privy and Ethereum Attestation Service ("EAS"), for secure authentication.
You agree that you will only use the Service for your own personal or organizational use, and not on behalf of or for the benefit of any third party.
Flowcast enables connection and/or linking to other services, such as the Farcaster network. You agree that you have the right to use the linked Farcaster account.
Flowcast enables the use of EAS to attest, or be witness to, certain blockchain transactions. You promise to provide us with accurate, complete, and up-to-date information related to any attestations you may make.
5. User-Generated Content
Any original content you post, upload, share, store, or otherwise provide to Flowcast remains yours and is protected by copyright and any other applicable intellectual property laws.
You own what you originally create.
5.1 Types of Content
Users can create and mint text-based notes on the blockchain with the Service. Future updates may allow for other content types.
5.2 Content Visibility
Once a note is minted, it is permanently recorded and publicly visible on the Base Chain of the Ethereum network.
5.3 Intellectual Property
Users retain ownership of their content but grant us and Flowcast a limited, non-exclusive license to display and distribute the content on social media and other platforms:
- You hereby grant us a license to translate, modify, reproduce, and otherwise act with respect to your content to enable us to provide, improve, and notify you about new features within Flowcast. You understand and agree that we may need to make changes to your content to conform and adapt that content to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so. For example, we may need to modify your content to make sure it is viewable on an iPhone as well as a computer.
- Public Content: By minting tokens on Flowcast, you grant us the license above, as well as a license to display, perform, and distribute your content. Also, you grant all other users of Flowcast a license to access the content, and to use and exercise all rights in it, as permitted by the functionality of Flowcast.
- Term of License: You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership in content is not affected.
You understand that we own Flowcast. These Terms don’t grant you any right, title, or interest in Flowcast, or our trademarks, logos, and other intellectual property.
5.4 Prohibited Content
Users must not post or mint any illegal, obscene, or otherwise inappropriate content. We reserve the right to remove any content from Flowcast at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice.
Please note that due to the immutable nature of blockchain, content removed from the website will still remain on the blockchain.
6. Blockchain and Minting
Flowcast utilizes the Base chain on Ethereum. Users are responsible for any associated gas fees when minting notes. We do not guarantee the performance or availability of blockchain transactions and are not liable for blockchain-related or wallet-related errors.
Base is a layer 2 on the Ethereum network. Operating on Base reduces transaction fees (gas). More information on Base can be found here.
The Flowcast Base contract is visible here.
7. User Responsibilities
Users must ensure that their content complies with all relevant intellectual property laws and regulations. Any disputes arising from content ownership or infringement should be handled by the content owner.
You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on Flowcast.
You promise that any attestations made through the Ethereum Attestation Service (EAS) are true, valid, and that you have the right to make such an attestation.
8. Intellectual Property Disputes
In the event of intellectual property (IP) disputes, we reserve the right to remove the token page from our website and flag the note as being under IP dispute. For notes that may appear on IPFS via Pinata, please be aware that Pinata has its own terms and procedures for dealing with IP disputes.
Flowcast does not monitor the website for IP disputes. If you believe your IP is being infringed, you bear responsibility to contact the Flowcast team to inform them of the alleged dispute.
9. Content Moderation
We have the authority to moderate content on our website. In the event that content is deemed inappropriate or illegal, we reserve the right to remove or disable content on the Flowcast website and/or flag the content as being under dispute or removed for illegality. However, please be aware that such content will remain on the blockchain due to the immutable nature of blockchain.
Please note that Pinata, which hosts content on IPFS, has its own terms and procedures for dealing with content moderation issues.
Flowcast uses the Ethereum Attestation Service (EAS) to authenticate the authorships of tokens displayed on the website. Any tokens that are not validly attested to may be removed from display on the website.
10. Reporting Copyright Infringements
If you believe that your copyright has been infringed by content on Flowcast, please contact us directly with details of the alleged infringement. We will investigate the matter and take appropriate action in accordance with applicable laws and our policies.
10.1 Issuing Cease and Desist Notices:
If you believe your copyright has been infringed, you should immediately contact the infringing party, issuing a cease-and-desist notice. This communicates that the use of the copyrighted material is unauthorized and needs to be stopped. Failure to comply can result in further legal action and the violator(s) may face serious consequences.
If the content is already present on blockchain, please contact the Flowcast team to inform them of the dispute and they will take appropriate action under 9. Content Moderation.
11. Acceptable Use Policy
You are responsible for all your activity in connection with Flowcast.
Make sure that you use Flowcast in a manner that complies with the law. If your use of Flowcast is prohibited by applicable laws, then you aren’t authorized to use Flowcast. We can’t and won’t be responsible for you using Flowcast in a way that breaks the law.
You also agree that you will not contribute any content or otherwise use Flowcast in a manner that:
- Is fraudulent or threatening, or in any way violates Flowcast’s [Content Guidelines];
- Jeopardizes the security of your Flowcast account (wallet connection) or anyone else’s (such as allowing someone else to log into Flowcast as you, or sharing your account, password, or wallet access with someone);
- Attempts, in any manner, to obtain the password, account, wallet key, passkey, or other security information of any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on Flowcast, or any processes that run or are activated while you are not logged into Flowcast, or that otherwise interferes with the proper working of Flowcast (including placing an unreasonable load on Flowcasts’s infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of Flowcast (through use of manual or automated means), including for use in AI or machine learning training;
- Copies or stores any significant portion of the content on Flowcast;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to Flowcast;
- Trains machine learning or artificial intelligence models with content that you do not have the copyright or ownership rights to.
12. Other Users and Third-Parties
Content related to and/or published on Flowcast is the sole responsibility of the person or organization from whom such content originated. You access all such content at your own risk. We aren’t liable for any errors or omissions in any content and you hereby release us from any damages or loss you might suffer in connection with a content.
Other Users on Flowcast: Your interactions with organizations and individuals found on or through Flowcast, including payment for content, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We can’t guarantee the identity of any users with access to Flowcast and are not responsible for which users gain access to our products and services.
Third-Party Content: Flowcast may contain links or connections to third party websites or services that are not owned or controlled by us. Flowcast has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.
In the event that you have a dispute with one or more other users of Flowcast or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Flowcast.
13. Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall we, Flowcast, its licensors, or its suppliers be liable to you or to any other person for any indirect, special, incidental, or consequential damages of any kind.
14. No Warranties
Flowcast is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Flowcast will be uninterrupted or error-free. Accordingly, we do not:
- Make any representations or warranties about any content contained in or accessed through Flowcast, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services.
- Make any representations or warranties regarding suggestions or recommendations of products or services offered or purchased through Flowcast. Products and services purchased or offered through Flowcast, are provided “as-is” and without any warranty of any kind from us.
14. User Data and Privacy
Flowcast integrates data from various third-party sources, including Farcaster. User consent and data privacy are handled in accordance with our [Privacy Policy], which details how we manage and protect user information and comply with relevant data protection laws.
15. Dispute Resolution
Any disputes between users or between a user and us will be resolved through arbitration in accordance with the laws of Canada. We bear no responsibility for disputes between users.
16. Service Limitations
Flowcast is provided “as is” without any guarantees regarding the performance of the application or blockchain transactions. We are not responsible for any errors, downtime, lost writing, or failed mint costs.
17. Commercial Use and Monetization
Currently, Flowcast does not charge for its services. Future updates may introduce transaction fees or subscription models. We will provide updates to the Terms accordingly.
18. Third-Party Integrations
Flowcast integrates with several third-party services, including Privy for authentication, Alchemy for blockchain data management, Vercel for hosting of the website, Pinata for IPFS hosting of images and HTML, and the Ethereum Attestation Service (EAS) for attestations records.
Users can link to external URLs and integrate data from platforms like Farcaster, provided they comply with all applicable copyright laws and are not linking to external illegal content.
19. Updates to the Services
We’re always trying to improve Flowcast, so our products and services may change over time. We may suspend or discontinue any part of Flowcast, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Flowcast.
We’ll try to give you notice when we make a material change to Flowcast that would adversely affect you, but this isn’t always possible or practical.
20. Updates to the Terms
We reserve the right to modify these Terms at any time. Changes will be posted on our website and will be effective immediately. Continued use of the Service constitutes acceptance of the updated Terms.
**21. Violations of the Terms
Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate removal of your content from Flowcast. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
22. Miscellaneous Terms
We have grouped provisions that come up less frequently below:
- Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold Wanderloots Ltd., its 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 any third party claims relating to (a) your use of Flowcast (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
- Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Flowcast account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
- Choice of Law: These Terms are governed by and will be construed under applicable federal law and the laws of the Province of Ontario, without regard to the conflicts of laws provisions thereof.
- Arbitration and Class Action Waiver: If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this agreement, the Parties agree to resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Notwithstanding the foregoing, you and Wanderloots Ltd. agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party's claim.
- No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under these Terms.
- Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
- Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
- Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
21. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Wanderloots Ltd.