Introduction

 

Welcome to FLASHFOMO, a brand owned by FlashFomo Pty Ltd. By using FLASHFOMO, intended as a website or software applications (collectively, the “FLASHFOMO”, the “Service”, the “System”), the user of our services expressly agrees to have read, understood and accepted these Terms and Conditions and our Privacy Policy.

These terms and conditions are a binding legal agreement between us, FLASHFOMO, and you, the customer of the website (following as “the user”, “you”).

If you do not agree with one or more of the clauses in our legal documentation, please do not use our services.

In order to use the service, you must:

  • You must be over 18 years of age, or the earlier age at which persons are legally entitled to undertake purchases contemplated via the System applicable in your country of residence. In the event that you are 13 years of age or older, you must have a parent or guardian consent to accept the rules contained herein.
  • You may accept our legal documentation.

The user also guarantees that all data provided to FLASHFOMO at the time of signing the contract is true, accurate and complete and undertakes to keep it true. You must ensure that all information provided to you is complete and accurate. FlashFomo accepts no liability or responsibility for costs, delays or failure to provide Services arising in connection with or as a result of any inaccurate or incomplete information having been provided by you.

 

 

Amendments to the agreements and these Terms

 

From time to time, we may, at our discretion, make changes to the Service and/or our legal documentation and these Terms. When we make significant changes to the legal documentation, we will notify users via the System. The continued use of FLASHFOMO after such changes, implies an express acknowledgement and acceptance of the changes.

 

 

Licenses

 

The FLASHFOMO and the content provided through it are property of FlashFomo Pty Ltd or its licensors and we grant them to users under a limited, non-exclusive and revocable license for their personal and non-commercial use of the Service.

All FLASHFOMO trademarks, service marks, trade names, logos, domain names and all other features of the FLASHFOMO trademark are the exclusive property of FlashFomo Pty Ltd. This License does not grant any right to use the trademarks, FLASHFOMO service marks, trade names, logos, domain names, or other features of the FLASHFOMO trademark, whether for commercial or non-commercial use.

The user agrees not to use the FLASHFOMO Service (including but not limited to its content) in any way that is not expressly provided for by these Conditions.

Third party software collections included in the FLASHFOMO Service are licensed according to the rules set forth in these Terms.

 

 

Third-party services

 

FLASHFOMO, in order to properly provide its services, may (now or in the future) use third party applications, websites and content directly offered by third parties (“Third Party Applications”). The use of these applications is subject to their own terms of use. You acknowledge and agree that FLASHFOMO is not responsible for the behavior, features, or content of any third party application.

 

 

 

User guidelines

 

FLASHFOMO respects intellectual property rights and expects users to do the same. FLASHFOMO has established some basic rules that users should follow when using the Service to ensure that FLASHFOMO remains a product that everyone can use. Please, follow these rules and encourage other users to behave in the same way. The following actions are not permitted for any reason:

  • copy, redistribute, reproduce, “extract”, record, transfer, perform or publicly display, transmit or make available to the public any part of the FLASHFOMO Service or Content, or alternatively make any use of the FLASHFOMO Service or Content that is not expressly permitted under the Agreements or applicable law, or that otherwise infringes the intellectual property rights (such as copyright) of the FLASHFOMO Service, Content or any part thereof;
  • use the FLASHFOMO Service to import or copy local files for which you do not have the necessary legal rights to do so;
  • reverse engineer, decompile, disassemble, modify or create derivative works based on the FLASHFOMO Service, Content or any part thereof, except as permitted by applicable law;
  • circumvent any technology used by FLASHFOMO, its licensors or other third parties to protect Content or Service;
  • sell, rent, subcontract or lease any part of the FLASHFOMO Service or Content;
  • circumvent any territorial restrictions applied by FLASHFOMO or its licensors;
  • remove or modify any copyright, trademark or other intellectual property notices contained in or provided through the FLASHFOMO Service (including for the purpose of concealing or modifying any proprietary or proprietary notices of any Content);
  • crawl within the FLASHFOMO Service, or use other automated means (including bots, scraper and spiders) to collect information from FLASHFOMO;
    Please respect FLASHFOMO, the owners of the Content and other users of FLASHFOMO. Do not engage in any activity, post User Content (if applicable) or register and/or use a user name that is or includes material:
  • offensive, disparaging, defamatory, pornographic, threatening or obscene;
  • illegal or designed to promote or commit illegal acts of any kind, including but not limited to infringement of the intellectual property rights, privacy rights or exclusive rights of FLASHFOMO or any third party;
  • malicious such as malware, Trojan horses or viruses, or otherwise capable of interfering with your access to the Service;
  • conceived or capable of causing disturbance or harassment to other users;
  • capable of faking or misrepresenting its affiliation with other users, persons or entities, or otherwise fraudulent, false, deceptive or misleading;
  • which uses automated means to artificially promote content;
  • which involves the transmission of unsolicited mass messages or other forms of spam (“spam”), junk mail, chain letters or the like, including through the inbox of FLASHFOMO;
  • that involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes or pyramid schemes, that are not expressly authorized by FLASHFOMO;
  • that connects, refers to or otherwise promotes commercial products or services, unless expressly authorized by FLASHFOMO;
  • that interferes with or in any way disrupts the FLASHFOMO Service, tampers with, violates or attempts to probe, examine or vulnerability test the FLASHFOMO Service or computer systems or network, rules of use or any other security component, authentication measure or other FLASHFOMO protection measure applicable to the Service, Content or any part thereof; or
  • that causes conflicts with the Agreements, as determined by FLASHFOMO.

We reserve the full right to terminate or suspend the user account if it violates one or more points enlisted above inherently to the user conduct. Additionally, we will have no responsibility inherently to any potential fraudulent or illegal transaction conducted by the user.

The password protects the user account, and the user is solely responsible for keeping it confidential and secure. You understand that you are responsible for all use of your user name and password within the Service. In the event of theft or loss of your username or password, or if you believe that there has been unauthorized access to your account by a third party, please notify us immediately and change your password as soon as possible.

 

 

Payments & Orders

 

FLASHFOMO currently accepts Credit Card and PayPal as valid methods of payment. In this sense, using a specific method of payment, the user expressly demonstrates to be the legal owner or to have the full rights of use for the selected method.

In any case, FlashFomo may at its absolute discretion determine whether to accept your orders or provide Services to you. FlashFomo will notify you via the System if your order will not be accepted or the Services will not be provided to you.

 

 

Limitations and Service modifications

 

FLASHFOMO will make reasonable efforts to keep the FLASHFOMO Service operational. However, from time to time, some technical difficulties or maintenance operations may cause temporary interruptions. To the extent permitted by applicable law, FLASHFOMO reserves the right to modify or discontinue, periodically and at any time, temporarily or permanently, the functions and capabilities of the FLASHFOMO Service, with or without notice and without any liability to users, except where prohibited by law, for any interruptions, changes or terminations of the FLASHFOMO Service or other related functions.

 

 

Termination and cancellation

 

The Agreements will remain in force until terminated by the user or FLASHFOMO. However, the user understands and agrees that FLASHFOMO may at any time suspend or completely deny access to the services to any user, without any written notice.

 

 

Warranty and disclaimer

 

Flashfomo tries to provide the best possible service, but the user understands and agrees that the FLASHFOMO service is provided “As is” and “As available” without any warranty or express or implied status of any kind. You use FLASHFOMO service at your own risk. To the maximum limits laid down by applicable law, FLASHFOMO and all content owners do not provide any insurance and deny any warranty or satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Flashfomo and the content owners do not warrant that in any way the FLASHFOMO service is free of malware or other harmful components. In addition, FLASHFOMO does not provide any insurance and does not warrant, affirm or assume the responsibility of any application of third parties (or its content), user content or other products or services published or offered by third parties on or through the service FLASHFOMO or a website linked through hypertext link or presented in a banner or other advertising. You acknowledge and accept that FLASHFOMO is not responsible for any transaction between user and suppliers third parties of applications or third-party products or services published on or through FLASHFOMO service. In this response, no advice or information provided for oral or written by the user to FLASHFOMO will constitute any form of warranty for FLASHFOMO. If prohibited by applicable law, some aspects of this section cannot apply to certain jurisdictions.

 

 

Limitations

 

You agree that, to the extent permitted by applicable law, the only and sole remedy for any problems or dissatisfied with the FLASHFOMO service consists of stopping using the FlashFomo service. Even if FLASHFOMO does not assume any liability for third-party applications or their content, and even if the relationship with these third-party applications may be adjusted by separate agreements with those third parties, to the extent permitted by law only and only remedy offered by FlashFomo for any problems or dissatisfaction with third-party applications or their content consist in uninstalling and / or stop using these third-party applications.

In the maximum extent permitted by law, in no event shall FLASHFOMO and its officials, shareholders, employees, agents, directors, affiliates, branches, successors, assignees, suppliers or licensors may be considered liable for (1) any indirect, special, incidental damages , punitive, exemplary or consequent; (2) any loss of use, data, business or useful (direct and indirect).

 

 

Severability and waiver

 

Except as otherwise stated in the Agreements, where any provision of the Agreements is held to be invalid or unenforceable for any reason or at any level, such invalidity or unenforceability shall not in any way interfere with or render invalid or unenforceable the remaining provisions of the Agreements, and the enforcement of such provision shall be enforced to the fullest extent permitted by law.

Any failure by FlashFomo or third-party beneficiaries to enforce the Agreements or related clauses shall not void FLASHFOMO’s or third party beneficiary’s right to do so.

 

 

Assignment

 

FLASHFOMO may assign the Agreements or any part thereof, and may also delegate any obligations under the Agreements. You may not assign the Agreements or any part thereof, nor transfer or sublicense your rights under the Agreements to any third party.

 

 

Indemnification

 

To the fullest extent permitted by applicable law, you agree to indemnify and hold FLASHFOMO harmless from and against any damages, losses and expenses of any kind (including reasonable attorneys’ fees and costs) arising out of: (1) your violation of this Agreement; (2) any User Content; (3) any activity in which you engage or perform through the FLASHFOMO Service; and (4) your violation of any law or the rights of any third party.

 

 

Jurisdiction

 

FlashFomo Pty Ltd operates in full accordance with the applicable International laws. In this sense, any dispute or legal controversy will be resolved in the exclusive International courts.

 

 

Contacts

If you have any questions about the FLASHFOMO Service or Agreements, please contact us at hello@flashfomo.com.