Last modified: 2023-05-16
2. When do we modify these Terms?
We reserve the right to amend these Terms from time to time to reflect updates to the Extension and the Services. Before we do so, we will notify you of any material amendments to the Terms to give you an opportunity to review them before they become effective. The amended Terms will become binding on new users immediately. If you are an existing user, the amended Terms will become binding on you if you continue to use the Services after the amended Terms have become effective.
You can always request the currently applicable version of these Terms via flattr.com/contact, or access them on flattr.com/terms
3. Who can use the Services?
4. What do I need to do in order to use the Services?
In order to use the Services, you need to:
- create a Flattr account,
- purchase a Flattr subscription through our payment processor Stripe,
- install the Extension, and
- activate your subscription by signing in to your Flattr account in the Extension.
We will use your subscription fee to make monetary contributions to participating websites and, as a result, the Extension will allow you to use the Services during the subscription period..
Your use of the payment processor Stripe will be governed by their End User Terms of Service. We are not responsible for your use of Stripe.
5. Does my subscription automatically renew?
When you pay for a subscription, your subscription will automatically renew for additional subscription periods of the same duration at the same rate of the initial purchase price, unless you cancel your subscription.
6. How can I cancel my subscription?
You can cancel your subscription at any time.If you cancel your subscription within twenty-eight days from the date you purchased the subscription, we will refund 100% of your subscription fee. If you cancel your subscription after twenty-eight days from the date you purchased the subscription, we will refund you any portion of your subscription fee that has not already been contributed to websites. To receive your applicable refund, please use our contact form at flattr.com/contact.
7. Which websites are not eligible to receive contributions?
Monetary contributions will not be made to any website which includes or promotes:
· hate speech, which includes content that incites hatred or promotes violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation / gender identity;
· assaults the human dignity of others by insulting, maliciously maligning an aforementioned group, segment of the population or individual because of their belonging to one of the aforementioned groups or segments of the population, or defaming segments of the population;
· denial of the Holocaust.
· hacking / cracking content and warez or the promotion of same.
· sale of products that are replicas or imitations of designer goods or otherwise protected by intellectual property rights.
· online gambling or online casino-related content, sale of alcohol, or sale of prescription drugs.
· pornographic or highly suggestive content or images that violate the applicable laws.
· sale of weapons or ammunition.
· anything that facilitates or promotes copyright infringement.
· extreme violence.
· promotion of illegal drugs or drug paraphernalia.
· any other content that is illegal, promotes illicit or harmful activity, or infringes on the rights of others. This includes in particular sites that provide “how-to” information on bomb-making, lock-picking and similar topics.
· defamatory or libelous content.
· distribution of viruses, malware.
We grant you a non-exclusive, non-transferable, non-sublicensable right to use the Extension and the Services during the subscription period solely as described in these Terms. As between you and us, we own all right, title, and interest in the Extension and the Services. We reserve all rights not expressly granted to you under these Terms.
The Extension and Services are provided “as is,” and we make no guarantees that they will be safe, secure, or error free, or that they will function as intended. You are not entitled to claim damages due to a defect with our Extension or Services that are beyond our reasonable control, including, but not limited to, any defects that are caused by internet or network-related downtimes or the acts or omissions of third-parties.
10. Limitation of Liability.
Our liability for your use of the Services is limited to intentional wrongdoing and gross negligence. We will be fully liable in cases of intentional wrongdoing; in cases of gross negligence, our liability will be limited to typical and foreseeable damages. Any other liability is excluded.
Further, our aggregate liability arising out of these Terms will not exceed the subscription payments that you make in the past twelve months.
11.1. Governing law and dispute resolution
These Terms will be governed by Swedish law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you have no place of jurisdiction in Sweden or in any other EU member state, if you have transferred your permanent domicile abroad after these Terms take effect or if your domicile or usual place of residence is unknown at the time legal action is taken, the sole place of jurisdiction for all disputes arising from this agreement will be the location of our registered offices.
The Swedish courts will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the terms or their subject matter or formation (including non-contractual disputes or claims).
In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover the costs of the proceedings, which will include, but will not be limited to, any reasonable legal fees and costs.
11.2. Governing language
These Terms are drawn up in the English language and may be translated into any language other than English, provided, however, that the English language version will govern.
In the event that any provision of these Terms is deemed to be invalid, illegal or unenforceable, the remaining provisions of these Terms will remain in full force and effect. In place of the invalid, illegal, or unenforceable provision, the parties to these Terms will mutually agree on a replacement provision that is closest to the original intent of these Terms.