This H2OFlow Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between H2OFlow (“we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of H2OFlow owned-and-operated websites.
By creating an account, viewing videos, photos, making a purchase, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
2. Our Services
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:
- upload and watch videos and photos of aquariums,
- select and listen to music,
- use all related functionality that we may provide.
Registration: You may create an account to use certain features we offer (e.g., uploading photos or videos). To do so, you must provide an email address. By creating an account, you agree to receive notices from H2OFlow at this email address.
Organizational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile.
Age Requirements: You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
After free-of-charge account creation, You have the right to upload photos and leave comments below photos and videos. If the quality of the photos You have uploaded reaches a specific standard, You will get permission to upload shorter videos. If the quality of those short videos reaches a specific standard, permission will be granted to upload longer videos.
5. Acceptable Use Policy
We may allow you to upload, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. H2OFlow may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. H2OFlow may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.
5.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send H2OFlow a takedown notice as stated in our Copyright Policy if they believe H2OFlow is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
5.2 Content Restrictions
You may not submit any content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit or promotes a sexual service;
- Is defamatory;
- Is harassing or abusive;
- Contains hateful or discriminatory speech;
- Promotes or supports terror or hate groups;
- Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Exploits or endangers minors;
- Depicts or encourages self-harm or suicide;
- Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
- Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
- Contains false or misleading information about voting;
- Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or
- Violates any applicable law.
5.3 Code of Conduct
In using our Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity;
- Embed our video player on or provide links to sites that contain content prohibited by Section 5.2; or
- Cause or encourage others to do any of the above.
5.4 Prohibited Technical Measures
You will not:
- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, filtering, or digital rights management measures;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.
6. Licenses Granted by You
As between You and H2OFlow, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow H2OFlow to host and stream your content, you grant H2OFlow the permissions set forth below.
6.1 Your Photo and Video Content
By submitting a video or photo, you grant H2OFlow permission to:
- Display the photo to end users;
- Stream the video to end users;
- Make the photo available for download;
- Make the video available for download;
- Transcode the video (create compressed versions of your video file that are optimized for streaming); and
- Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).
The license period begins when you submit and photo and/or video to H2OFlow and ends when you or H2OFlow delete it; provided that H2OFlow may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when H2OFlow in good faith believes that it is legally obligated to do so.
6.2 Account Profile
You grant H2OFlow permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. H2OFlow shall have the right to identify public profiles in its marketing and investor materials.
6.3 Other Content; Feedback
Content that is not covered by the licenses set forth in Sections 6.1 and 6.2 shall be governed by this Section 6.3 (e.g., text you submit in comments). You grant H2OFlow a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to H2OFlow on improving our products or services, H2OFlow may use your suggestions without any compensation to you.
6.4 Scope of Licenses
All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to H2OFlow; rather, any breach of a term by H2OFlow hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
7. Your Obligations
7.1 Representations and Warranties
For each piece of content that you submit to or through H2OFlow, you represent and warrant that:
- You have the right to submit the content to H2OFlow and grant the licenses herein;
- H2OFlow will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
- You have obtained appropriate releases (if necessary) from all persons who appear in the content;
- The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
- The content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless H2OFlow and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
8. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer.
If you breach this Agreement, H2OFlow may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it. If H2OFlow deletes your account for breach, you may not re-register.
In the event of any termination, the following sections will survive: Section 6.3 (Other Content; Feedback), Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Disputes and Choice of Law), and Section 12 (General Provisions).
H2OFLOW PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, H2OFLOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, H2OFlow makes no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
- That we will host, make available, or remove any specific piece of content;
- Concerning any content submitted by or actions of our users;
- That our Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
10. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW: H2OFLOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF H2OFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Disputes and Choice of Law
Disputes: If you are dissatisfied with our Services for any reason, please firstname.lastname@example.org first so that we can try to resolve your concerns without the need for outside assistance.
Choice of law: Any disputes relating to this Agreement or your use of our Services will be governed by the laws of the laws of the Hungarian state.
12. General Provisions
Reservation of Rights, Severability: H2OFlow reserves all rights not expressly granted herein. H2OFlow’s rights and remedies are cumulative. No failure or delay by H2OFlow in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.
Force Majeure: H2OFlow will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within H2OFlow’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, H2OFlow shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
Relationship: You and H2OFlow are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by H2OFlow or who is prohibited from registering; any such assignment will be void. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of H2OFlow. If you have a signed agreement with H2OFlow, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
The English version of this Agreement shall control.