This Agreement (the "Agreement") is between the individual or legal entity using, purchasing or opening an account for Services ("Customer") and the Flashcoms related entity which provides Customer with the Services ("Flashcoms ").If you are ordering or using this service on behalf of another person or entity, you represent and warrant that you have the power and authority to use the service and to enter into this agreement on behalf of such entity and that your actions have been duly authorized by such entity.
The term “you” means any person or entity ordering and/or using the Service, as well as any person or entity acting on behalf of such person or entity in relation to ordering and/or using the Service. The terms (a) “User(s)” means subscribers and users of the Service, including all persons or entities you make the Service available to through your site, community, network or system.
Flashcoms provides communication systems with text, video, audio capabilities and represented only as technical interface between or among Users which does not verify the qualifications of Users, nor does it evaluate, control or monitor in any ongoing manner exchanges between users. You understand and agree that you use Flashcoms at your own risk.
Rights and obligations
Flashcoms reserves the right to install advertizing content for free accounts within the Service in any available form.
Flashcoms may modify the Agreement, its pricing, product offering, and any guidelines and policies posted on the Service at any time. You assume all responsibility in reviewing this Agreement, any notices that we may send you electronically, and the pricing and product information periodically at www.flashcoms.com so that you will be apprised of any changes.
Flashcoms reserves the right to send important information via email to your attention. In your turn, you have the right to stop these notifications at any time by unsubscribing from the list of recipients.
Termination of the Agreement
Without limiting other remedies, Flashcoms may immediately issue a warning, temporarily suspend, indefinitely suspend your use of the Service and refuse to provide the Service to you for any reason, including without limitation, violation of any one or more of Flashcoms’s guidelines, policies or standards or (1) if you breach this Agreement or the documents it incorporates by reference; (2) if Flashcoms is unable to verify or authenticate any information you provide to Flashcoms; or (3) if Flashcoms believes that your actions may cause legal liability for you, our users, or to Flashcoms. Such termination or suspension of services may be without refund, at Flashcoms’s sole discretion.
Modifications to Agreement and to the Service
Flashcoms reserves the right in its sole discretion to modify or discontinue all or any aspects of the Service at any time and without notice to you.
Flashcoms reserves the right to add new membership programs and to change the terms of existing membership programs at any time, including paid programs. These modifications may include, but are not limited to, changes in the service, product offerings, price, or administration of the program. Flashcoms will announce any change in the price of the program on its website prior to any such change taking effect.
Eligibility and Security
Authorized use of the Service is available only to persons who are at least 16 years old and who are otherwise capable of forming legally binding contracts under applicable law. In addition, Flashcoms does not permit membership or use of the Service in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United Kingdom or its citizens.
Users shall supervise and be solely and fully responsible for (i) all activities that occur under a User’s password or account, including, but not limited to, all usage by minors of the Service, and (ii) maintaining the confidentiality of User’s account, password or any personally identifiable information.
Flashcoms reserves the rights to collects personally identifiable information such as your name, address, email address. Flashcoms observes all relevant legal data privacy provisions to the best of its knowledge and will never reveal your personal data to third parties for advertising or marketing purposes. All Users have the ability to edit their Personal Information and details at any time. Flashcoms guaranties password protection for your personal account information. Flashcoms servers record information when Users visit our web sites or when User Applications call or invoke Flashcoms services. This information may include, without limitation, the URL, IP address, browser type, developer key (if any) and access times and dates. Flashcoms may use this information to promote, operate, and improve its services and properties and deliver the services that you or the Users of your User Applications have requested through the Service.
User Billing and Payment
Any user who subscribes to or uses any paid Flashcoms service is responsible for payment of fees at the rate listed by Flashcoms. The user authorizes Flashcoms to collect such fees immediately by debiting the user's credit card or through the immediate collection of other forms of payment, electronic or otherwise.
No refunds shall be issued once user subscribes to the service. Try Flashcoms free account to evaluate and before signing to subscription. Users whose memberships are terminated or revoked by Flashcoms for Terms of Service forfeit any right to a refund for subscriptions paid to Flashcoms for membership and/or the use of services.
THE SERVICE AND ALL RELATED SITES, SERVICES OR GOODS OBTAINED THROUGH THE SERVICE ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. FLASHCOMS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL FLASHCOMS BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE.
USER AGREES TO HOLD HARMLESS AND INDEMNIFY FLASHCOMS, AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO A USER’S USE OF THE SERVICE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEY'S FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED.
Links to Other Web Sites
The Service may provide links to Web sites other than Flashcoms.com. FLASHCOMS neither controls such Sites or Services nor endorses any of the materials or policies on such sites or Services, including but not limited to Privacy Policies, or any association with their operators.
Relationship of the Parties
Not withstanding any provision hereof, for all purposes of this Agreement, each party shall be and act as an independent contractor and not as partner, venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any other contract.