Terms of use

Date of Last Revision: 10 May 2010 17:30 BST

These terms and conditions (“Terms of Use” or “Terms”) outline your obligations when using the Flattr service (“Service” or “Services”), which includes the use of our website or the web pages available at Flattr.com (“Flattr Site”), the Flattr button (“Button”), and the network of Flattr button-enabled sites (“Network”, or contained within “Content”). You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

1. ACCEPTANCE OF TERMS

The Flattr Site and Services are owned and operated by Flattr Networks Limited ("Flattr"), a United Kingdom limited company, and are accessed by you under the Terms of Use described below.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED HEREIN) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. FLATTR'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY FLATTR, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATIONS OF TERMS OF USE

Flattr reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If we make changes to these Terms, Flattr will notify you by posting an announcement on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services or Site by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified. We encourage you to check here often. Your continued use of the Site and Service constitutes your acceptance of new or modified Terms.

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, Flattr may provide certain services and content, as described more fully on the Site ("Services" also as defined above). Services shall include, but not be limited to, any service and content Flattr performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Flattr may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Flattr may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. USER CONDUCT

As a condition of use of the Flattr Site and Service, you agree that you are responsible for any activity that occurs under your account and that you are responsible for keeping your password secure.

Additionally, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Flattr. By way of example, and not as a limitation, you agree not to use the Services:

  1. to abuse, harass, threaten, impersonate or intimidate other Flattr users or anyone else;
  2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, abusive, offensive, profane, or otherwise violates any law or right of any third party;
  3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
  4. to 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 Flattr user;
  5. to create or submit unwanted email ("Spam") to any other Flattr users or any URL;
  6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
  7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
  8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  9. with the intention of artificially inflating or altering the 'Flattr count', comments, or any other Flattr service, including by way of creating separate user accounts for the purpose of artificially altering Flattr's services; or participating in any other organized effort that in any way artificially alters the results of Flattr's services;
  10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  11. to create or modify a competitor product or service;
  12. attempt to impersonate another user or person; and
  13. sell or otherwise transfer your profile.

IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, BY "FLATTRING" ANY CONTENT) ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD PARTY TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER.

Flattr may remove any Content and Flattr accounts 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 for no reason at all. To report Terms of Use abuse, please complete the form at: http://www.flattr.com/support

You are solely responsible for your interactions with other users of the Site. Flattr reserves the right, but has no obligation, to monitor disputes between you and other users. If you violate any of these rules for user conduct, Flattr has the right to terminate your access to the Service.

The Service involves the placement of Flattr Buttons on third party sites. You understand and agree that Flattr may not have reviewed, and cannot review, all of the material, including computer software and any content, made available through the websites and web pages on which the Flattr Button resides. Further, Flattr does not represent or imply that it endorses any such website or webpage.

You are solely responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content, and with respect to your dealings and transactions with any Flattr users, Site Owners, or any third party. FLATTR DISCLAIMS ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY HARM OR DAMAGE RESULTING FROM YOUR USE OF FLATTR-ENABLED SITES.

5. YOUR FLATTR ACCOUNT AND REGISTRATION OBLIGATIONS

If you publish something on a website and submit it to Flattr or choose to install a Flattr Button or a Flattr widget/plugin/extension etc., on your own site, you are a “Site Owner”. If you are an individual visitor to a Site Owner’s site, and have already registered with Flattr, you are a “Flattr User.” You can be both a Site Owner and a Flattr User.

Site Owners: Registering as a Site Owner involves creating an account on the Services (“User Account”) and consists of providing contact information (including email address), and selecting a password, User ID (the name associated with your Flattr User Account and displayed on the Service to represent you), and if you wish, other information about you. Each Site Owner must also designate the PayPal account or other financial vehicle to which Flattr will pay you when you have reached the revenue threshold (“Revenue”). Site Owners will also create one or more Button widgets to be placed on Site Owner web pages. Flattr may choose to ask you for more information as the Service evolves.

Flattr Users: Registering as a Flattr User involves creating a Flattr User Account, providing contact information (including email address), and selecting a password, User ID, and if you wish, other information about you. Flattr may choose to ask you for more information as the Service evolves. You may choose to use, as your User ID, your real name or a made up name, and any other information about you, provided: (i) the name or information is not that of another person with the intent to impersonate that person; (ii) the name or any information is not subject to any rights of a person or company other than you without appropriate authorization; or (iii) the name is not offensive, vulgar or obscene, or otherwise a violation of these Terms. Flattr shall be the sole arbiter of these restrictions. Objectionable names and/or information may be reported to Flattr via http://www.flattr.com/support on the Flattr Site. Flattr reserves the right to refuse the registration of, or cancel, a Flattr User Account at its sole discretion without prior notice to or approval from the user. However, Flattr cannot and does not guarantee that User IDs will not be offensive or objectionable to you, and Flattr is not responsible for any harm or damage to you based on any user’s selection of a User ID. Upon your proper registration with the Service, Flattr gives you the limited, non-exclusive right to access and use the Services only in accordance with these Terms.

Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorised employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

6. SITE OWNERS’ USE OF FLATTR BUTTON

Placement / Modification of Button: A Button has a unique tracking code. You may (1) duplicate and install it with the same tracking code throughout your website, blog or service or even across sites (“Your Site”), or (2) use separate Buttons with unique tracking codes for different pages or sections of Your Site.

No Misguiding: The name of your site you choose to assign to your Button must be consistent with the actual webpage where it is displayed, and must not be an attempt to mislead users or visitors into thinking your site is a different site, or that said Button is associated with a different site.

License and Restrictions: If you install the Flattr Button on your site, you warrant that you (or your company if you are using the Service as a representative of your company) own or have licensed all rights to your site, including the content on your site.

Flattr Button: All rights, title, and interest in and to the Flattr Button, including all intellectual property rights therein, are the exclusive property of Flattr. You acknowledge and agree that the Flattr Buttons are non-exclusively licensed to Site Owners as part of the Site Owners’ permitted use of the Service, and not sold to you or nor may it be used for any other purpose. There is no cost to license the Button, but your use of the Button is subject to these Terms, and you may only use and display the Button while you have a valid Flattr User Account.

Breaching the Agreement: Flattr reserves the right to withhold revenue or charge back your account due to any breach of these Terms by you, pending reasonable investigation by Flattr.

Revenue to Site Owners: Site Owners receive 90% of the contributed revenue (monies contributed by Flattr Users and distributed to the Flattr accounts of Site Owners). Flattr retains the remaining 10% as its fee. The payments by Flattr to Site Owners are based on an allocation that counts Flattr Users’ clicks to your Buttons (“Allocation”). Flattr does not pay for payment processing fees associated with collecting money from Flattr Users nor distributing Allocations (“Revenue”), including currency conversion fees, which are often paid by the Flattr User per the rules of payment processing companies such as PayPal. Flattr reserves the right to change the percentage payment at anytime to another percentage or a percentage that depends on other variables than revenue.

The Allocation May Change: Flattr reserves the right to change the Allocation, or implement multiple Allocations at any time without notice. For details about the current Allocation(s) in place, please visit the Flattr Support Center and FAQ pages. Feedback on the Allocation is welcome – please visit the Contact us link at the bottom of any Flattr Site page to contact Flattr.

Minimum Revenue: Flattr does not regularly or automatically distribute Revenue to Site Owners. Site Owners may request Revenue payments from Flattr which will then be paid, subject to any necessary compliance, regulatory or anti-money laundering requirements, within one month of confirmation of the request. However, the minimum Revenue distributed shall be €10 per Flattr User Account including transaction and other fees (“Minimum Revenue Level”). Requests for payments which are less than the Minimum Revenue Level will not be fulfilled. Flattr reserves the right to change the Minimum Revenue Level without permission or notice. Flattr does not pay for payment processing fees associated with collecting money from Flattr Users nor distributing Allocations (“Revenue”), including currency conversion fees, which are often paid by the Flattr User per the rules of payment processing companies such as PayPal.

If Terminated: In the event that your account is terminated, Flattr shall pay your earned balance no later than approximately ninety (90) days after the end of the calendar month in which your account is terminated. Tax Forms: You are solely responsible for providing and maintaining accurate address and other contact information as well as payment information associated with your account.

Changing Pricing: Flattr may change its payment structure, rules and policies at any time. If you dispute any payment made by Flattr, you must notify Flattr in writing within thirty (30) days of any such payment; failure to so notify Flattr shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Flattr. No other measurements or statistics of any kind shall be accepted by Flattr or have any effect under these Terms.

Inactive Accounts: It is your responsibility to maintain updated and correct contact information about your Flattr User Account. If Flattr is unable to pay or deliver Revenues that are owed to you, because your Flattr User Account is Inactive (as defined below), then you acknowledge and agree that Flattr may, without further notice to you, contribute collected payments to a charitable organization selected by Flattr or otherwise dispose of such amounts as required under applicable law. “Inactive” means (unless provided otherwise under applicable law) that, based on Flattr’s records: (a) for a period of 180 days or more you have not logged into your Flattr User Account, and (b) Flattr has reasonably attempted to but has been unable to reach you and/or to pay your Revenue as provided in these Terms, over a period of at least 180 days, because your contact information you provided to Flattr has changed, and/or is not working, and/or our communications are being ignored by you.

Suspending or Canceling a Flattr Button by Site Owners:
Revenue Calculation: Buttons cannot be cancelled since they contain historical traffic and financial information that must be preserved. But you may remove a Button from any or all of your pages with or without cause at any time. This involves deleting the Button’s JavaScript, static HTML code or similar programming from your site. Please note that when you remove the Button from your site, the listing and button on the Flattr site may not also be removed automatically. To ensure it is removed you must use the “delete thing” function found on the Flattr site.

Your Site’s historical activity and information will not be removed.

7. FLATTR USER USE OF SERVICE

Transaction Fees: Any fees or penalties charged by payment providers or processors in relation to the Services are your responsibility.

Monthly Contributions: On the first day of each month, the aggregate amount you decided to have Flattred each month (“Monthly Contribution”) will be divided up among the various Buttons you have Flattred in that month. The user can change the Monthly Contribution at any time before the end of the month, so long as it is at least €2.

  1. No Refunds: There are no refunds except as determined by Flattr in its sole discretion. Money added to a Flattr Account cannot be withdrawn.
  2. Failure to Pay: Your access to the Service will be deactivated without notice if your account balance does not exceed or cover the Monthly Contribution. In this event, the account will be suspended and all buttons from the account will be inactivated.
  3. Distributions: “Flattr Activity” is defined as the act of logging onto the Flattr site and clicking the Button or clicking on at least one Button on a Site Owner’s site. If during a given month, you have not Flattred any Buttons of Site Owners via the Flattr Site or directly, your Monthly Contribution will be given to a charity of our choice. If you have no Flattr Activity for one year, Flattr may take your accumulated balance and distribute it to a charity of our choice or otherwise dispose of it as permitted under applicable law.

    4. Suspending and Restarting Your Account:
  4. You cannot voluntarily suspend your Flattr User Account. As long as there is more than the Monthly Contribution remaining on your account, the Monthly Contribution will continue to be distributed each month. When there is not enough remaining on your account to cover the Monthly Contribution, the account will be suspended until you add more funds. See our http://flattr.com/support/faq for details.
  5. Funds Distribution: If your Flattr User Account is suspended as described above, any remaining funds in your account will be held until such time as you reactivate your account and start using Flattr again. After 6 months or more, if you have not reactivated your account, and Flattr has not been able to reach you, your funds may be distributed by Flattr to a charity of Flattr’s choice or to some other party, pursuant to applicable law.
  6. Restarting Your Account: If you decide to restart or reactivate your Flattr User Account, you will need to add funds to your overall account balance. At the end of the first month after you restart your account in which you have Flattr Activity, if there were any funds remaining from your Flattr account from when it was first suspended, those funds will be distributed to Site Owners based upon your Flattr Activity in that current month.
  7. Your Flattr User Account and Activity Will Remain Viewable: Even after you have turned off Flattring of a site and/or suspended your Flattr User Account, your previous Flattring Activity will remain viewable by all Flattr Users, for historical financial tracking and other purposes. Flattr reserves the right to ongoingly store all Flattr Activity.

8. FLATTR PRIVACY POLICY

Flattr's current privacy policy is available at https://flattr.com/privacy (the "Privacy Policy"), which is incorporated by this reference.

9. INDEMNITY

You will indemnify and hold harmless Flattr, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Flattr User ID, of any intellectual property or other right of any person or entity.

10. WARRANTY DISCLAIMERS

We are providing Flattr “AS IS” and “AS AVAILABLE”, without any express or implied warranties. You acknowledge that Flattr has no control over, and no duty to take any action regarding: which users gain access to the Site or use 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 Flattr from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Flattr makes no representations concerning any content contained in or accessed through the Site or Services, and Flattr will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE 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 OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLATTR, ANY AGENT OR ANY SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

11. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Flattr has no control over such sites and resources, you acknowledge and agree that Flattr is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Flattr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL FLATTR OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) €100.

13. TERMINATION

Flattr may terminate or suspend any and all Services and your Flattr account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Flattr account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Flattr in any respect whatsoever. 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. Flattr shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Flattr's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

Your account and these Terms are personal to you. The Terms of Use is not assignable, transferable or sublicensable by you except with Flattr's prior written consent. Flattr may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.

15. GOVERNING LAW; DISPUTE RESOLUTION

The Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use 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 the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

16. TRADEMARKS

FLATTR, FLATTR IT, FLATTRED, FLATTR THIS, TO FLATTR, FLATTRING and other Flattr graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Flattr in the United Kingdom and/or other countries. Flattr's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images, buttons and icons available may used by partner and third party sites in connection with providing appropriate "Flattr This" and "Submit to Flattr" links to the Flattr site, only in the manner and as permitted by Flattr, and for no other purpose or in any other manner.

Date of Last Revision: 10 May 2010 17:30 BST