Terms of Service

The following terms and conditions govern all use of the fllw.co website and all content, services and products available at or through the website, including, but not limited to, the FLLWco Fan Gate widget (taken together, “the Service” “FLLWco”). FLLWco ("FLLWco", "we" or "us" “The Service”) provides software that helps Artists, creators, individuals and businesses (our “Client” or "Clients") run campaigns using the FLLWco Fan Gate (A widget pop up that can be deployed on Client’s website(s), “Fan Gate”) to allows Fans (i.e. anyone that visits the FLLWco website or the website of Clients utilising FLLWco’s services including Fan Gates - “Fan” or “Fans”) to easily Follow Clients on Spotify, Follow Clients on Twitch, Subscribe to the Client’s YouTube Channel, and/or provide personal information for the purposes of participating in these campaigns or competitions.

The Service is owned by GiggedIn Pty Ltd (ABN 33 158 416 490). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, FLLWco’s Privacy Policy) and procedures that may be published from time to time on this Site by FLLWco (collectively, the "Agreement"). Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services.

Responsibility of Service Visitors

FLLWco has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, FLLWco's does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. FLLWco disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted. You release FLLWco of all liability, including but not limited to items won through the Service in giveaways created by FLLWco Clients.

Recurring Charges For Paid Services

You'll automatically be charged once per month for monthly plans, and once per year for annual plans. You can cancel your subscription anytime and you'll keep the paid features until the end of your billing cycle. You can manually cancel your plan in your account or contact support to do so. Your FLLWco Account

f you are a Client of FLLWco, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account or giveaways in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and FLLWco may change or remove any description or keyword or false representation that it considers inappropriate or unlawful, or otherwise likely to cause FLLWco liability. You must immediately notify FLLWco of any unauthorized uses of your account or any other breaches of security. FLLWco will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You must not sell or trade any information gathered by the FLLWco Fan Gate system. You must respect the privacy of the Fans that participate in your campaigns. If any Client or Fan deletes any information, FLLWco will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to any information may not be made immediately unavailable. FLLWco has the right (though not the obligation) to, in FLLWco's sole discretion (i) refuse or remove any information that, in FLLWco's reasonable opinion, violates any FLLWco policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in FLLWco's sole discretion.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages of Clients to which any of our Services which may include links to fllw.co. FLLWco does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, FLLWco does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FLLWco disclaims any responsibility for any harm resulting from your use of any websites and webpages.

Copyright Infringement and DMCA Policy

If you believe that material located on or linked to by FLLWco.com violates your copyright, you are encouraged to notify FLLWco at contact@fllw.co. FLLWco will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FLLWco will terminate a visitor or Client’s access to and use of the Service if, under appropriate circumstances, the visitor or Client is determined to be an infringer of the copyrights or other intellectual property rights of FLLWco or others.

Intellectual Property

This Agreement does not transfer from FLLWco to you any FLLWco or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FLLWco. Your use of the Service grants you no right or license to reproduce or otherwise use any FLLWco or third-party trademarks.

Changes

FLLWco reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. FLLWco may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

FLLWco may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FLLWco account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Fair Usage

By using the FLLWco's platform, you affirm that you are following all laws from your local and national jurisdiction. You assume all responsibility for the fulfillment of any giveaways, competitions, or other stated obligations made to Fans. FLLWco may ask any questions about the validity of giveaways and competitions and FLLWco reserves the right to terminate any campaigns at our discretion. You must comply with all applicable privacy laws affecting any information collected from Fans and you consent to FLLWco’s privacy policy. It is your sole responsibility to decide whether terms and conditions are required or are appropriate for your campaign. These terms and conditions must be fair and must abide by applicable laws. You must not misrepresent any Artist, creator or any other brand with regards to the running of any campaigns. You must not falsely impersonate anyone, use false email addresses or other personal details, and you must not use any of FLLWco’s services for the purposes of fraud, exploitation or harm to other parties and/or FLLWco.

Disclaimer of Warranties

The Service is provided "as is". FLLWco and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FLLWco nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

Limitation of Liability

In no event will FLLWco, or any related parties, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. FLLWco shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. Furthermore, if there's ever a policy violation or issue with a user's social media pages and/or websites while using FLLWco, FLLWco shall claim no liability or responsibility for the matter.

General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the FLLWco' Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party. Indemnification

You agree to indemnify and hold harmless FLLWco, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Last updated 1 September 2020