Terms & Conditions

Acceptance of Terms

Welcome to Flootie. These terms and conditions of use apply to and govern your use of the Flootie.com Web site (the "Site"). By using this service, you agree to the terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use this site. The right to use Flootie services is personal and not transferable to any other person or entity.

Unless explicitly stated otherwise, any new features or service offerings that augment the current Service (as defined below) shall be subject to these Terms of Service.

Flootie reserves the right to change, modify, add or remove portions of these terms at any time, without notice to you. Usage of the site after changes are posted which means you have accepted all such terms as posted.

As a Subscriber, unless otherwise agreed upon, the Subscriber account is limited solely to you and does not include usage by additional people or entities. We also reserve the right to terminate your account with or without notice if we determine an abuse regarding the spirit of this agreement. We will notify you before we make any pricing change, in which case you may subscribe on those different pricing terms. If you do not accept such different pricing terms, you or Flootie may elect to discontinue your subscription at any time. Further, Flootie reserves the right to cancel an account if in our sole determination there is unusual usage, not limited to automatic searches, storage and/or piracy of our content.

License to Use the Site

Flootie grants you a non-exclusive, non-transferable, limited right to access, use and display of the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, flooding, overwhelming, uploading and/or spreading/transmitting computer viruses or time bombs or other activities designed to and/or intended to interfere with the site, or the means expressly prohibited by any provision of these terms and conditions of use.

Ownership; Restrictions; Trademarks

Flootie owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including, without limitation the Flootie artist database, text, images, artist biographies, articles, photographs, illustrations, audio and video clips, collectively the "Content". The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Flootie is the owner of the copyright in the entire Site. Flootie owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site. Flootie does not grant permission to users of the site to reproduce images of any works displayed.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any private or public or commercial use without the express written permission of Flootie. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

Flootie and Flootie.com are trademarks and service marks of Highlander Enterprises LLC. ALL RIGHTS RESERVED. All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication without the prior written permission of the owner of same, is strictly prohibited.

As a user of the Site, you acknowledge that you may provide information regarding your tastes and preferences, and you hereby authorize Flootie and its affiliates including parent company Highlander Enterprises LLC. to use such information in connection with any online or offline offering or any electronic mail offering directed to you. Flootie is committed to protecting your privacy. Any information that Flootie collects about you will be used to enhance your utilization of the Site. By using our web site, you consent to the collection and use of this information by Flootie and its affiliates.

By uploading material to any forum or by submitting any comments, recommendations, data or information to us, you automatically grant or represent and warrant to us that the owner of such rights has expressly granted to us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, sublicense, translate, create derivative works of and distribute such information worldwide and/or incorporate such information into any form, medium, or technology now known or later developed. In addition, you represent and warrant to us that all moral rights in the information have been waived.

No Warranties; Limitation of Liability

THIS SITE AND ITS CONTENT ARE BEING PROVIDED TO YOU ON AN "AS IS" BASIS AND FLOOTIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR IT’S CONTENT. FLOOTIE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, FLOOTIE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, INCLUDING, BUT NOT LIMITED TO, SUCH INFORMATION CONTAINED IN ARTIST BIOGRAPHIES, IMPLIED VALUE, DESCRIBED CONDITION OR HISTORY.

Except as specifically stated on this Site, neither Flootie , nor any of its directors, shareholders, officers, employees, agents, third-party content providers, sponsors, licensors, or other representatives, shall be liable for damages arising out of or in connection with the use of this Site. This is a comprehensive limitation of liability and under no circumstances shall Flootie or any party involved in creating, producing or distributing the Site, be liable for any compensatory, direct, indirect, incidental, special, or consequential damages, that might result from the use of or inability to use the Site, including, but not limited to, reliance by a user on any information obtained from Flootie or that result from loss of data, income or profit, loss of or damage to property, claims of third parties, mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Flootie records, programs or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the Site. If and to the extent any state does not permit the exclusion or limitation of liability for consequential or incidental damages, Flootie’s liability, in such state, shall be limited to the fullest extent permitted by such applicable law.

Flootie is a distributor and not a publisher of content supplied by third parties on this Site. Any opinions, advice, statements, sale offerings, or other information that constitutes part of the content expressed or made available by third parties, are those of the respective authors or distributors and not of Flootie or its affiliates, or any of its shareholders, officers, directors, employees or agents. Neither Flootie nor its affiliates, or any of its shareholders, officers, directors, employees, or agents, nor any third party, including third-party content providers, sponsors or licensors, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Flootie represents the opinions and judgments of the respective third-party provider, sponsor or licensor. Flootie neither endorses, nor is responsible for the accuracy or reliability of any opinion, sales representation, advice or statement made on this Site. UNDER NO CIRCUMSTANCES SHALL FLOOTIE OR ITS AFFILIATES, OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE OR ANY LOSS OR DAMAGE CAUSED BY A USER BEING EXPOSED TO INFORMATION CONTAINED ON THE SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS SITE.

General Provisions

The above stated rules represent the entire understanding between each user of the Site and Flootie regarding each user’s relationship with Flootie and supersedes, merges, and voids any prior agreements, terms of use, statements or representations with respect to use of the Site. The above stated rules and disclaimers are subject to change, by Flootie in its sole and absolute discretion.

This site is created and controlled by Flootie in the State of Washington, United States of America. The laws of the United States and the State of Washington will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws.

Refund Policy

Flootie.com is a monthly subscription service that provides bandwidth to our clients on a monthly basis. We do not warranty sales or provide returnable merchandise therefore, we do not offer refunds. If you feel that you wish to discontinue your subscription you would need to cancel prior to the next monthly billing cycle. You can change your subscription status in the Cancel Service link on your My Account Page.