Overview.

Flurbos, Inc. (Flurbos), is an Oregon corporation that provides services, assets, products and information (Subscription & Downloadable Products) through the Adobe Creative Cloud System or via downloadable content. You may use our products and services to modify content that you own or have permission from the copyright owner to modify the work. Flurbos offers a 30 day money back guarantee on any purchases.

‍All users agree to our terms and conditions.

All users of our products are subject to the terms, conditions and notices illustrated in these Terms and Conditions. Users of our products and services may be subject to additional terms applicable to specific transactions. These terms and conditions may be amended from time to time.

 

Ownership.

Flurbos retains all rights, title and interest in the subscription and downloaded products and all derivatives or modifications thereof, in whole or in part. User does not acquire any right, title, or interest in any Subscription / Digital  Products. User cannot claim ownership of the Subscription or Downloaded Products as incorporated in the end-product through content identification systems.

Any unauthorized reproduction or other use of the product(s) may infringe on copyrights, trademarks and privacy or other rights. 

User retains all rights, title, and interest in and to their end product(s) created utilizing the Subscription and Downloaded Products.

Fullfillment.

All users who purchase  any product will receive an email from Flurbos prompting them to create a new password with the email they used to purchase. At which point, the user will be able to login to their Flurbos.com account and download their purchase from their profile.

Any users who purchase a subscription service will receive an email to create a new password with the email used for the purchase. Users will also receive an email giving detailed instructions to provide their Adobe Creative Cloud account email address so that Flurbos may invite them to the Flurbos Library. Once the invitation is initiated, the user will accept the invitation from their Adobe Creative Cloud account at which point the sync of the Flurbos Library will commence and appear in their Photoshop Creative Cloud to be used within the Photoshop software. 

Employer or client use.

You may purchase a license to Subscription Products  or digital download pursuant to these terms and conditions on behalf of an employer or clients, provided that you represent a warrant that shows you have the authority to bind your employer or clients to these terms and conditions. With respect to a client, you must transfer your license to your client via an enforceable written agreement that includes terms no less restrictive than these terms and conditions. You are solely responsible and liable for the use of the content by an employer or clients.

 

Adobe Creative Cloud Systems.

In order to receive access to the Subscription Products, User must register and create an account through Adobe Creative Cloud Systems Please complete the registration process by providing accurate contact information such as a username and password

The User acknowledges the Adobe Creative Cloud System is offered by Adobe, Inc. and that Flurbos has no responsibility for the availability and functionality of the Adobe Creative Cloud Systems product. User agrees that any claims regarding he availability and functionality of the Adobe Creative Cloud System will be asserted solely against Adobe Inc., or any successor entity. 

The User additionally acknowledges that the Subscription Product will be offered as a library through the Adobe Creative Cloud System and, as such, certain information of user will be available to other The User of the Subscription Product and vice versa. While Flurbos will make reasonable efforts to minimize the information that can be viewed by the various Users, the availability of such information through the Library is solely controlled by Adobe, Inc., the User agrees and acknowledges that Flurbos shall have no liability for the information that may be viewed by other Users and that Flurbos has no liability for any misuse of this information by any User.

 

Refusal of service.

Flurbos reserves the right to refuse service to any User that violates these Terms and Conditions. Termination of service can be done with or without notice, due to any party violating intellectual property rights, abusing other users of the Services & Products misuse of the Services & Products, or engaging in any inappropriate conduct as determined by the sole discretion of Flurbos.

‍Electronic communication.

By understanding and agreeing to these terms and conditions, you are accepting to receive any communications sent electronically along with notices sent by Flurbos with regard to services or products. These notifications will be provided to you by Flurbos via email. It will be your own responsibility to keep personal information up to date and to have a working internet connection in order to receive said communications.

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Payment.

If you are making any purchases through our Services or third-party entities, you agree to pay all charges and fees associated with the products involved in the purchase. You are complying with the terms of the applicable payment processor. Unless stated otherwise, all prices are stated in U.S. dollars.
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Restrictions.

The User will not:

- Use, transfer or distribute the Subscription Products or digital downloads in any way that allows a third party to download, use, extract or access the content as a stand-alone file, either alone or bundled with other content, regardless of any modification you make to the content.

- Incorporate Subscription or Downloaded Products into a trademark, logo or service mark or otherwise claim trademark or service rights of the Subscription or Downloaded Products, either alone or incorporated into User’s own “end product.”

- Use the Subscription or Downloaded Products in an application which allows other parties to customize and create a digital or physical product.

- Take any action in connection with the Subscription or Downloaded Products that infringes the intellectual property or other rights of any person or entity.

- Do not use content in a pornographic, obscene or unlawful manner.

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Your warranties and representations.

The User warrants that they have the right and authority to enter into these terms and conditions either individually or on behalf of and employer or client. Neither the end product nor User's use of the content shall violate any law or infringe upon any common law or statutory rights of any third-party involved, including contractual rights, copyrights, intellectual property rights and privacy rights.

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Indemnification.

The User agrees to indemnify, hold harmless, and defend Flurbos, its managers, members, employees, agents or affiliates at your expense, against any and all third-party claims, actions, proceedings, and lawsuits arising against any of the indemnified parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses incurred by the indemnified parties arising out of or relating to your breach of any term or condition of these terms and conditions.
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Reservation.

If Flurbos believes that its Subscription / Downloaded Products may be subject to a third-party claim or if the content is in violation of these terms and conditions, Flurbos may instruct you to terminate all use, reproduction, modification, display, distribution, and possession of the assets in question. Flurbos must comply with such instructions, and may at any time, discontinue the licensing of the Subscription / Downloaded Products, and deny the downloading of said Subscription / Downloaded Products. Flurbos reserves all rights not expressly granted in these terms and conditions.

‍Limitations of liability.

Flurbos is not responsible or liable for any personal loss of data, goodwill, profits whatsoever and any special, incidental, indirect, consequential, or punitive damages regardless of cause, including losses and damages resulting from loss of use, data or profits, whether or not foreseeable. This includes breach of contract or warranty, negligence or other action or any other claim that might arise out of or in connection with the User's use of or access to the Subscription or Downloaded Products. 
Flurbos’ total liability in any matter that arises out of or is in connection with these terms and conditions is limited to the amount that paid by the User to access the Subscription or Downloaded Products. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.
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Termination.

Flurbos retains the right to terminate these terms and conditions along with User's right to use the Subscription or Downloaded Products upon notice to the User in the event of the breach of these terms.

Choice of Law / Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to applicable principles of conflicts of law. Each of the parties hereto irrevocably consents to the exclusive jurisdiction of the state courts located within Portland, Oregon, in connection with any matter based upon or arising out of this Agreement or the matters contemplated herein, Each party agrees that process may be served upon them in any manner authorized by the laws of the State of Oregon for such persons and waives and covenants not to assert or plead any objection which they might otherwise have to such jurisdiction and such process.
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Entire agreement.

These terms and conditions set for the entire understanding and agreement between both parties relating to the subject matter. Any waiver of or promise not to enforce any right under these terms shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.