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Terms Of Service

Thank you for using www.filesflash.com. This www.filesflash.com Service Agreement (the "Agreement") describes the terms and conditions on which www.filesflash.com ("Filesflash" or "we" or "our company") offer services to you ("Customer" or "You"). By registering for or using Filesflash services, You agree to be bound by the following terms and conditions. Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Site or Services in any manner or form whatsoever.


Eligibility for Filesflash Services:

Our Services are available only to individuals and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts under applicable law. Customer hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement) that it is not a competitor of Filesflash, and that the person agreeing to this Agreement for Customer is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for Customer.


FilesFlash services:

Subject to the terms and conditions of this Agreement, Filesflash makes certain Services available to Customer. For the purposes of this Agreement:

  1. "Customer" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents;
  2. Filesflash "Services" means those electronic or interactive services offered by Filesflash.

Filesflash reserves the right to change or discontinue any of the Services at any time.


Ownership:

You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, gui, software, and services (collectively "Materials"), are provided either by Filesflash or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Filesflash and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Filesflash, the Filesflash logo and other Filesflash products referenced herein are trademarks of Filesflash, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.


Customer Information:

Customer represents and warrants that the information it provides in Filesfalsh contact information forms is true, accurate, current and complete. Customer agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by Customer is untrue, inaccurate, not current or incomplete, Filesflash will have the right to suspend or terminate Customer's account and this Agreement.


Customer Account:


Customer Data:

Customer has sole responsibility and liability for the data it stores on Filesflash server(s). Customer controls its data through its generated link. Filesflash encourages Customer to archive its data regularly and frequently; Customer bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. Customer agrees to maintain its data in compliance with its legal obligations. Filesflash may retain Customer data in its archives even after termination of the agreement and will not be liable to Customer in any way for such retained data.


Special Circumstances:

Filesflash will provide access to the Services and Customer's data to an agent of Customer ("Authorized Agent") who provides Filesflash with a notarized letter signed by an officer of Customer which letter shall include statements of authenticity, authority, and liability as required by Filesflash in its sole discretion. Customer expressly and irrevocably agrees that Filesflash may rely on such a letter and on the apparent authority of the person requesting access to the Services or to Customer's account. In no event will Filesflash be liable to Customer or any third party for Filesflash's reliance on such letter or such apparent authority.


Acceptable Use:

You agree to not use Filesflash's Service to:


No Warranty:

You expressly understand and agree that:


Indemnity:

You agree to defend, indemnify, and hold harmless Filesflash, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the Service, or your breach of this Agreement or other Filesflash policies, terms and conditions.


Limitation of Liability:

Your use of Filesflash is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that Filesflash shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:


Modifications to Agreements, Policies or to our Services:

We reserve the right to change this Service Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on Filesflash servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that Filesflash may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing Customer subscription.


Termination:

Without limiting other remedies, Filesflash may immediately issue a warning, suspend (i.e., lock out access and operation of Services for Customer) either temporarily or indefinitely, or terminate Customer's account and refuse to provide Services to Customer if:

Filesflash may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that Filesflash may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that Filesflash shall not be liable to you or any third-party for any termination of your access to the Service.

Upon termination of this Agreement by either Customer or Filesflash, all of Customer rights under this Agreement, and Filesflash's provision of Services, will terminate immediately.

The Sections ("Customer Data"), ("No Warranty"), ("Indemnity"), ("Limitation Of Liability") and this Section ("Termination") will survive any termination of this Agreement.


Third Party Websites:

The Site and/or Services contain links to other websites on the Internet that are owned and operated by third parties. Filesflash does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Filesflash of the applicable website or any association with the website's operators. Because Filesflash has no control over such websites and resources, you agree that Filesflash is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Filesflash shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.


User Information:

All materials that you submit through or in association with the Site including, without limitation, the Registration Data, shall be subject to the Privacy Policy.


Cancellation of Membership:

You may cancel your Membership at any time if you are not completely satisfied. To cancel your Membership, simply cease using the Site and applicable Services and cancel the subscription with the applicable payment processor, if any. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Filesflash. Upon any termination and/or cancellation of your Membership, your license grant shall immediately terminated. The following conditions apply to any Premium Membership cancellation:

(a) you shall not receive any pro-rata refund of your Fees for partial months or years; and

(b) you shall not receive any refund for Fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid Fees billed by Filesflash.


Miscellaneous:

To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.


Additional Information:

Any questions relating to our Legal Agreements and Policies may be directed to legal@filesflash.com