Terms and Conditions

Date of Last Revision: August 1, 2015

Welcome to IconsFlow!

Terms of Use

Onlymega LLC (“IconsFlow”, “we,” “us,”, "Company" or “our”) provides its services (described below) to you through its website located at www.iconsflow.com (the “Site”), subject to these Terms of Use. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you through the Services user interface. Any such changes will become effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://iconsflow.com/privacy

All such terms are hereby incorporated by reference into these Terms of Use.

1. Access to the Services

a. Registration

You may be required to register with us in order to access and use certain features of the Service. As a condition to register an account, You shall provide IconsFlow with accurate, complete, and updated registration information if you register for an account. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your IconsFlow account. The Service is not available to any Users previously removed from the Service by IconsFlow. Registration details and some other information about you are governed by our privacy policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

b. Modifications to Service

IconsFlow reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IconsFlow will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

c. General Practices Regarding Use and Storage:

You acknowledge that IconsFlow may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on IconsFlow’s servers on your behalf. You agree that IconsFlow has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that IconsFlow reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that IconsFlow reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

d. Mobile Services:

The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to access the Service and browse the related website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain applications may be prohibited or restricted by your carrier, and not all applications may work with all carriers or devices. By using the Service, you agree that we may communicate with you regarding IconsFlow and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the application may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your IconsFlow account information to ensure that information is not sent to the person that acquires your old number.

2. Use of the Services

a. Content

All materials displayed or performed on the Services (including, but not limited to icons, text, graphics, articles, photographs, images, illustrations (also known as the "Content") are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not us, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein.

b. Intellectual Property Rights

The Services are protected by copyright as a collective work and/or compilation, pursuant to copyright laws, intellectual property laws international conventions, and other proprietary rights and laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

You may download or copy the Content (and other items displayed on the Services for download) for personal non-commercial or commercial use only, provided that you maintain all copyright and other notices contained in such Content including the attribution if content is licensed under CC BY license. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal use is expressly prohibited without prior written permission from IconsFlow or from the copyright holder identified in such Content’s copyright notice. If you link to the Website, IconsFlow may revoke your right to so link at any time, at Company’s sole discretion. IconsFlow reserves the right to require prior written consent before linking to the Website.

c. Interaction with third parties

The Services may contain links to third party websites or services ("Third Party Services") that are not owned or controlled by Company, or the Services may be accessible by logging in through a Third Party Service, as described more fully in our Privacy Policy. When you access Third Party Services, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Service. By using the Services, you expressly relieve and hold harmless the Company from any and all liability arising from your use of any Third Party Service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release yhe Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) 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.

d. Responsibility for activity

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

You understand and agree that the Company shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Section, and shall have sole discretion regarding the course of action to take in connection therewith.

3. Fees and paid services

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan (see https://iconsflow.com/pricing for pricing options) and provide us information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay us the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. You hereby authorize us to bill your payment instrument in advance on a periodic basis in accordance with the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within sixty (60) days after the date that we bill you. You shall be responsible for all taxes associated with Services other than U.S. taxes based on our net income. We reserve the right to change our prices. If we do, we will provide notice of the change on the Site or in email to you. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. You may cancel your account with the Company at any time; however, there are no refunds for cancellation. In the event that the Company suspends or terminates your account or this Agreement for any reason, you understand and agree that you shall receive no refund or exchange for any Content or Services, any credits you have saved, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.

4. Indemnity

You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

5. Warranty disclaimer

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the Company from all liability for you having acquired or not acquired Content through the Services.

The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from the Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service.

THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN ”AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and IconsFlow’s use, storage and disclosure of information related to you and your use of such services within IconsFlow (including your friend lists and the like), please see our Privacy Policy at https://iconsflow.com/privacy . However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and IconsFlow shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

7. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEE PAID BY YOU TO THE COMPANY HEREUNDER FOR THE SERVICE CAUSING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

8. Termination

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. The Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. The Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

9. Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

This Agreement is not assignable, transferable or sublicensable by you except with the Company’s prior written consent. The Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. You and Company agree there are no third party beneficiaries intended under this Agreement.

10. Arbitration; Governing law

The Website is controlled by the Company from offices withing United States, but can be accest from contries around the world. As each of these places has laws that may differ from those of United States it is agreed that this Agreement shall be governed by and construed in accordance with the laws of United States without regard to the conflict of laws provisions thereof and the United Nations Convention on the International Sale of Goods. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by the District of Kansas as first instance.

11. Copyright dispute policy

The Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf ). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

b. Identification of works or materials being infringed;

c. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;

d. Contact information about the notifier including address, telephone number and, if available, email address;

e. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and

f. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

g. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is the Company’s policy:

a. to remove or disable access to the infringing material;

b. to notify the content provider, member or user that it has removed or disabled access to the material; and

c. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Services.

Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:

a. A physical or electronic signature of the content provider, member or user;

b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

c. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

d. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following email: [email protected] or address:
Onlymega LLC
9393 West 110th St.
51 Corporate Woods Suite 500, #5108
Overland Park, Kansas, 66210