Effective date: Feb 2, 2021
Welcome to Flowjin!
Welcome to Flowjin! We're thrilled that you've chosen to create with
This Creator Agreement ("Agreement") is a binding contract between you
and Flowjin ("we", "us", "our"). It contains the rules and
restrictions that govern your use of Flowjin's products and services
(referred to below simply as "Flowjin") to distribute your Flows and
any content therein. If you use Flowjin for this purpose, you are a
Creator and will need to create a user account. In
this Agreement, we refer to people that subscribe to your Flows as
Using Flowjin in any way means that you agree to this Agreement, and
this Agreement will remain in effect while you use Flowjin. This
Agreement includes everything in this document, as well as those in
Dispute Policy, and all other rules and procedures that may be
published from time to time by us on Flowjin. In the event of any
conflict between this Agreement and any other terms and conditions you
have agreed to with Flowjin, this Agreement will prevail with respect
to its subject matter.
You must be of legal age to form a binding contract to use Flowjin. If
you aren't, you need to get your parent's or guardian's permission to
use Flowjin, and your parent or guardian will agree to this Agreement
on your behalf.
If you're agreeing to this Agreement on behalf of an organization or
entity, you must be authorized to agree to this Agreement on that
organization or entity's behalf and bind them to this Agreement (in
which case, the references to "you" and "your" throughout this
document refer to that organization or entity).
If you don't agree to all of the following, you may not use or access
Flowjin in any manner. If you have any questions, comments, or
concerns regarding the Agreement or our products and services, please
contact us at
First and foremost, you own what you create. Any
original content you post, upload, share, store, or otherwise provide
to Flowjin remains yours and is protected by copyright and any other
applicable intellectual property laws.
However, please note that you agree to grant us a
limited license to your content in order to enable us
to operate Flowjin.
This license allows us to promote your content and help you succeed
You agree that this limited license includes a worldwide,
nonexclusive, sublicensable, royalty-free, fully paid-up, transferable
right (a) to market your Flows and to permit others to use abd access
your Flows through Flowjin, and (b) to use your tradename(s),
trademark(s), and logo(s) in connection with the distribution and
marketing of Flows. For further details, please see "Posting Content
incorporated into this Agreement by reference.
Pricing and Payments
You may offer your Flows for free, or for a subscription fee, to be
determined at your discretion. You may set and change the prices for
your Flow at your discretion through your Creator account, though no
price changes will apply retroactively.
If you choose to charge a subscription fee for your Flow, you agree to
No Circumvention: You agree to process payments from Subscribers
only in the manner determined by us. This includes using the
third-party payment processing platform ("Payment Processor") we
choose, and following any other rules we specify. You may not
circumvent your payment obligations to us by soliciting payment from
a Subscriber outside of Flowjin or by using any alternative method
to collect subscription payments. This includes receiving payments
for your Flow through links to Paypal or a separate Patreon page.
You agree to notify us immediately if you receive any such offer or
solicitation to circumvent your payment obligations by contacting
Taxes: You agree that you shall bear and be responsible for any and
all applicable federal, state, local, and foreign taxes, duties,
tariffs, levies, withholdings, and similar assessments (including
without limitation, sales, use, and value added taxes) related to
Revenue Share: You agree to pay us a percentage of the total amount
charged by you to Subscribers (the "Revenue Share") after any
amounts deducted by the Payment Processor. The Revenue Share
percentage is set between you and Flowjin during your on-boarding
process to be a creator on Flowjin.
Revenue Share Payment: During the term of this Agreement, the
Payment Processor will pay the Revenue Share owed to us on a rolling
basis as you process subscription payments from Subscribers.
You agree to these payments and further agree that all Revenue
Share payments are non-refundable.
Information Upon Request: You will provide us with all requested
data or information about you and your Flows. This includes all
payment and tax identification information, and you will ensure this
information is accurate and up-to-date.
Relationships with Subscribers
You agree to the following rules around your relationships with
Subscribers and other users of Flowjin:
Sole Responsibility: You agree that you are solely responsible for
(and that we have no responsibility to you or to any third party
for) any Flows you distribute through Flowjin and for the
consequences of your actions by doing so. This means that you
acknowledge and agree that you are solely responsible for ensuring
distribution of your Flows, our actions under this Agreement are
solely to assist you in facilitating distribution.
Stopping creation or Deleting a Flow: You may delete one or more of
your Flows from Flowjin at your discretion.
However, please note that if you delete or stop posting on a Flow
before the end of a paid subscription term of a Subscriber, any
and all obligations – including any refund obligations for the
remaining portion of the subscription term – are solely your
responsibility. We are under no obligation to issue any refunds to you or your
Subscribers and we are entitled to keep any and all portions of any
Revenue Share you have paid Flowjin.
Disputes: If there is a dispute between you and a user about
payments or any other issue, you agree we are under no obligation to
become involved and that we will not be held liable for any such
dispute. We are not liable for your relationship with users, and we
won't provide you with any legal advice regarding such matters.
Reporting a User: You can flag that a user that is violating our
you provide us with written notice of this violation, we will
determine whether this user's access to some or all of your Flows
should be suspended or terminated. We will also decide at our sole
discretion whether this user's access to the rest of Flowjin will be
suspended or terminated.
Support: You shall provide to us a current email address to which we
may direct inquiries from Subscribers and other Flowjin users
regarding your Flows.
You are responsible for all your activity in connection with Flowjin!
Make sure that you use Flowjin in a manner that complies with the law
and is permitted by this Agreement. If your use of Flowjin is
prohibited by applicable laws, then you aren't authorized to use
Flowjin. We can't and won't be responsible for you using Flowjin in a
way that breaks the law.
You also represent and warrant that you will not Create Flows or
otherwise use Flowjin in a manner that:
is harmful, fraudulent, deceptive, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, objectionable, or in
any way violates Flowjin's
interferes with, disrupts, damages, or accesses in an unauthorized
manner the devices, servers, networks, or other properties or
services of Flowjin or any third party;
infringes, violates, or misappropriates any law, statute, ordinance
or regulation or rights of any third party;
spreads a virus, trojan horse, worm, time bomb, or other harmful
computer code, file, or program.
Please review the "Acceptable Use Policy" detailed in the
incorporated into this Agreement by reference.
Flowjin takes privacy very seriously. If you store personal or
sensitive information provided by or collected from Flowjin users, you
must do so securely and only for as long as it is needed.
You may not collect from a user via Flowjin or any other method any
information -- personally identifiable or not -- beyond what Flowjin
is permitted to collect from a user under its own
You are solely responsible for complying with any laws and regulations
that apply to user information, including without limitation the
Subscribers engage with Creator Flows. We will share, at our sole
discretion, some of this information with you, including post view
counts, posts listen counts, Subscriber counts, and referral data. You
agree that Flowjin is under no obligation to share this data with you.
Terminating Your Account
Either party may terminate this Agreement at any time for any reason.
Upon such termination of this Agreement, your right to use Flowjin
will immediately cease.
We may terminate this Agreement or terminate, suspend, or restrict
your access to or use of Flowjin at any time, for any reason. Reasons
that may lead to us terminating or restricting access to Flowjin
include a breach of any of the terms or conditions of this Agreement,
your offensive or unacceptable behavior, objectionable material, or
any other actions in violation of guidelines we specify. We will
notify Creators as soon as reasonably practicable if Creators' access
to Flowjin is suspended or substantially limited due to technical
problems with the platform.
You agree that this means that Flows (or any content therein) may be
removed from Flowjin at any time in our discretion. You also agree
that we retain the right to immediately halt the distribution of Flows
at our discretion.
Changes to this Agreement
We are constantly trying to improve our products and services, so this
Agreement may need to change along with Flowjin. We reserve the right
to change the Agreement at any time, but if we do, we will bring it to
your attention by placing a notice on the website, by sending you an
email, and/or by some other means.
If you don't agree with the new Agreement, you are free to reject
them; unfortunately, that means you will no longer be able to use
Flowjin. If you use Flowjin in any way after a change to the Agreement
is effective and notice has been provided, that means you agree to all
of the changes. Except for changes by us as described here, no other
amendment or modification of this Agreement will be effective unless
in writing and signed by both you and us.
The above covers most of the questions that we typically receive about
Flowjin. We have grouped provisions that come up less frequently
No Warranties: Flowjin 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 Flowjin will be uninterrupted or
Limitation of Liability: To the fullest extent allowed by applicable
law, under no circumstances and under no legal theory shall Flowjin,
its licensors, or its suppliers be liable to you or to any other
Indemnification: To the fullest extent allowed by applicable law, you
agree to indemnify and hold Flowjin, 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 Flowjin (including any
actions taken by a third party using your account), and (b) your
violation of this Agreement. 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
Assignment: You may not assign, delegate or transfer this Agreement or
your rights or obligations hereunder, or your Flowjin account, in any
way (by operation of law or otherwise) without our prior written
consent. We may transfer, assign, or delegate this Agreement and our
rights and obligations without consent.
Choice of Law: This Agreement is governed by and will be construed
under applicable federal law and the Province of Ontario, Canada,
without regard to the conflicts of laws provisions thereof.
Arbitration: This Agreement will be construed under the laws of the
province of Ontario, Canada, without regard to conflicts of law
provisions thereof. Any dispute arising from or relating to the
subject matter of this Agreement shall be finally settled by
arbitration in Toronto County, Ontario, using the English language in
accordance with the Streamlined Arbitration Rules and Procedures of
Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in
effect, by one commercial arbitrator with substantial experience in
resolving intellectual property and commercial contract disputes, who
shall be selected from the appropriate list of JAMS arbitrators in
accordance with the Streamlined Arbitration Rules and Procedures of
JAMS. Judgment upon the award so rendered may be entered in a court
having jurisdiction, or application may be made to such court for
judicial acceptance of any award and an order of enforcement, as the
case may be. Notwithstanding the foregoing, each party shall have the
right to institute an action in a court of proper jurisdiction for
injunctive or other equitable relief pending a final decision by the
arbitrator. For all purposes of this Agreement, the parties consent to
exclusive jurisdiction and venue in the state or federal courts
located in, respectively, San Francisco County, California, or the
Northern District of California. The prevailing party in any action or
proceeding arising out of this Agreement will be entitled to an award
of costs and attorneys' fees.
No Third-Party Beneficiaries: We agree there are no third-party
beneficiaries intended under this Agreement.
No Joint Venture: You hereby acknowledge and agree that you are not an
employee, agent, partner, or joint venture of Flowjin Inc., and you do
not have any authority of any kind to bind us in any respect
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
Severability: If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or
eliminated, to the minimum extent necessary, so that this Agreement
shall otherwise remain in full force and effect and enforceable.
Survival: You agree that the terms under the heading "Privacy", "Sole
Responsibility", "Acceptable Use", "Indemnification", "Stopping
Publication or Deleting a Flow", "No Warranty", "Limitation of
Liability", "Assignment", "No Joint Venture", "Severability",
"Arbitration", and "Entire Agreement", and any payment obligations
incurred shall survive termination of this Agreement.
Entire Agreement: You agree that this Agreement is 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 this Agreement.
Any indirect, special, incidental, or consequential damages of any
Any amount, in the aggregate, in excess of the greater of (1) $100
or (2) the amounts paid and/or payable by you to us in connection
with Flowjin in the twelve-month period preceding the applicable