- FLASH Services
1.1. Services. The services of Flashnet (“Services”) consist of creating FLASH, maintaining the Ledger, providing access to the Wallet and recording Transactions, all as defined below and subject to the terms of this Agreement.
1.2. FLASH. Flashnet has published a closed-loop, blockchain-based, virtual currency (“FLASH System”). The FLASH System enables User to display a digital representation of a token for visual and entertainment purposes (each a “FLASH”). FLASH can be displayed by User and transferred to other users that have accepted this Agreement (each “Another User”). Flashnet shall exclusively own the FLASH System. User’s interest in any quantity of FLASH shall only be a limited, cancellable, transferrable license to display the symbolic value thereof in their Wallet (as defined below). Flashnet intends to publish 90 billion FLASH most of which will be given away at the discretion of Flashnet. FLASH shall be published at the discretion of Flashnet in such quantities and having such characteristics as Flashnet may deem useful. Flashnet makes no representations as to the quantity, quality or utility of FLASH. FLASH has not real currency value, is not a security and shall have no value to User other than for entertainment purposes.
1.3. No Value. FLASH has no real currency value. Flashnet makes no representations or warranties as to the utility or value of FLASH or the representation thereof in the Wallet. The Wallet does not have an integration with any real money payment system.
1.4. Wallet. Flashnet shall maintain a ledger (“Ledger”) of the quantity of FLASH symbolically associated with User. So long as User is not in breach of this Agreement, User shall be granted a unique and private wallet accessible through the Service (“Wallet” or “Account”). The Wallet shall enable User to display that quantity of FLASH that is associated with the User, such as it may be from time to time. Flashnet shall provide User with access codes for the Wallet. User may not disclose such codes or permit any third party to use them on penalty of forfeiting the whole of the Wallet. User assumes full responsibility for the use of its Wallet and the access codes thereto and shall indemnify Flashnet for any and all claims, losses or other liabilities arising therefrom. Except as required to deliver the Services or as otherwise required by law, Flashnet shall not grant any third party access to the Wallet of User. In the event of a dispute between Users as to FLASH associated with their Wallet, Flashnet shall determine such association as per Ledger and reserves the right to undo Transactions in FLASH at its sole discretion thereby leaving Users the obligation to settle their disputes outside of the Services and independently from Flashnet. User shall indemnify and hold Flashnet harmless from and against any and all claims, losses or other liabilities arising from any dispute that it has with Another User or any third party.
1.5. Transactions. Flashnet shall permit a User to transfer FLASH to Another User or to receive FLASH from Another User (each a “Transaction”). The methods by which Flashnet will accept Transaction instructions shall be indicated on the Site. Flashnet does not guarantee that FLASH that is subject to a Transaction will necessarily be transferred to the intended recipient. In the event that taxes apply to any Transaction, User shall be responsible for the collection and remittance thereof. Flashnet is not party to Transactions between User and Another User, other than to publish the corresponding changes in the corresponding Wallets.
1.6. Third Party Integration. In the event that User wishes to use a third party service provider (“Third Party Servicer”) to integrate with or access the Wallet, User shall first obtain prior written consent from Flashnet for such integration or access, which Flashnet may decline at its sole discretion. User shall be liable for any acts and omissions of Third Party Servicers, for the performance or nonperformance of the integration tool with respect to the Services and for the effect such integration tool may have on Flashnet’s systems or the Services. Flashnet reserves the right to impose limits, on the quantity or type of data that User or a Third Party Servicer adds or causes to be added to the Wallet.
1.7. Third Party Wallets. Flashnet has no obligation to but may, at its sole discretion, integrate the Wallet with Third Party Servicers that are virtual currency wallets (each a “Third Party Wallet”, including User’s own wallet for a virtual currency that its not FLASH). User’s election to carry out transactions in a Third Party Wallet at at User’s sole discretion and Flashnet shall have no liability in respect thereof. Such an integration may, at the discretion of User, result in a FLASH Transaction occurring together with a transaction in a Third Party Wallet. Flashnet shall have no liability for any perceived or actual losses associated with any such Transaction of Third Party Wallet transaction.
1.8. Transaction Limits Hold. Flashnet shall monitor use of the Wallet for suspicious activity. Without prior notice or consent, Flashnet shall have the discretion to impose such limits on Transactions and Wallets as it deems appropriate. In order to mitigate against potential fraud or other misuse of the Service, Flashnet reserves the right to maintain a hold on the right of a User to acquire FLASH or carry out Transactions (a “Hold”). A Hold may be in place, at the sole and absolute discretion of Flashnet for such length of time as Flashnet deems necessary in its sole and absolute discretion. During a Hold, the User will not be able carry out Transactions or access the Wallet. Be advised that such Hold will interfere in your ability to transfer FLASH. We recommend that you take into account the possibility of a Hold on your FLASH when using the Services. When a Hold has been placed on a Wallet, the User in question will be notified by Flashnet through the Site. Other rules and restrictions related to FLASH posted on the Site or disclosed though the Wallet by Flashnet shall be binding on User.
1.9. Errors. User shall immediately inform Flashnet of any error in respect of any Transaction or any of the Services. In the event of any error in providing the Services. The parties shall collaborate in remedying errors, provided that Flashnet provides no guarantee that any given error will be remedied.
1.10. No Representations or Warranties. Flashnet makes no representations or warranties, expressed or implied, with respect to the continuity or provision of Services.
- Obligations of Users
2.1. Changes in User Information. Within five (5) days of any changes to User Information, it shall notify Flashnet of the changes;
2.2. Flashnet’s Reputation. It will uphold the good name and reputation of Flashnet and its Affiliates;
2.3. Compliance with Laws. Users shall use Services in a manner that is in full compliance with all applicable laws in the jurisdictions where Flashnet and User are located. User shall not use the Services to sell or promote or otherwise facilitate pornography, gambling or casinos, whether online or otherwise;
2.4. Fraud. It shall not promote or allow the use of the Services in connection with any money laundering, fraudulent or other illegal activities under any laws or regulations of any applicable jurisdiction;
2.5. Prohibited Uses. It shall not use the Services to itself or permit any third party to operate any e-wallet, remittance, payment aggregation or payment services company, nor shall it use the Services in relation to the sale or promotion of any pornography, pharmacy, pharmaceuticals, drugs, prohibited substances, controlled substances, (online or physical) gambling, gaming, casinos, betting, the collection or resale of personal information or any other product or service deemed unacceptable by Flashnet, acting at its sole discretion;
2.6. Transaction Fees. Users shall pay one FLASH for each Transaction that they initiate (“Fees”). Flashnet reserves the right to add additional Fees by way of notice through the Wallet or an amendment to this Agreement.
2.7. Restrictions on Promotion. User shall not promote or advertise the Service or their Wallet other than as expressly permitted by Flashnet.
2.8. No Editing of Content Posted. At the discretion of Flashnet, Flashnet may allow User to post content or messages within the Wallet, with Transactions or otherwise (collectively, “Content”). Flashnet does not control or pre-screen the Content and, as such, does not guarantee the accuracy, integrity, appropriateness, or quality of such Content. The Content posted by Another User or other third parties does not necessarily represent the views or opinions of Flashnet and under no circumstances will Flashnet be liable in any way for any Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any Business Content by anyone or any entity.
2.10. Indemnification. User shall defend, indemnify and hold harmless Flashnet, its directors, officers, employees, agents, assigns, and successors-in-interest from and against any and all third-party liability, damages, losses, claims, demands, actions, causes of action and costs (including attorneys’ fees and expenses) arising out of or resulting from (i) User’s performance under this Agreement including, without limitation, performance, nonperformance, or defect in performance, any statement, misstatement, representation or misrepresentation made by User; (ii) the negligent or willful acts or omissions of User or User’s agents and/or employees; and (iii) any statements, claims, representations or warranties made by User or User’s agents and/or employees, relating to the Products or Services or any other matter.
2.11. Solely for Individual Use. User shall use the Services for personal individual non-business, entertainment purposes only. In the event that Flashnet determines in its sole discretion that a User is using the Services for business purposes, Flashnet may terminate this Agreement and User’s access to the Services. User shall give notice to Flashnet of any intention to use the Services for anything other than personal individual and non-business uses.
2.12. Representations and Warranties. User warrants and covenants to Flashnet that: (i) User is of at least 18 years of age or of the legal age for the conclusion of verbal contractual obligations in his or her place of residence and that they do not require the consent of any other person to enter into this Agreement; (ii) the Services are not illegal in the place where User is domiciled; (iii) the email addresses and other information provided by User belong to User and are accurate; (iv) User will resolve any dispute or complaint directly with Another User or other third party that may arise; (v) User and all Transactions initiated by User will comply with all applicable law that applies to User and Flashnet; (vi) User will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; (vii) User is not in breach of any agreement with a Third Party Servicer.
- Term and Termination
3.1. Term. This Agreement shall be effective commencing on the date that User has accepted the terms of this Agreement via the Site (the “Effective Date”) and end one year thereafter (the “Initial Term”). After the Initial Term, this Agreement shall be renewed automatically for additional consecutive one (1) year terms (each a “Renewal Term”), unless earlier terminated in accordance with the terms hereof.
3.2. Termination. Either party may terminate this Agreement at any time on notice to the other party through the Wallet for any reason and for no reason.
3.3. Change or Cessation of Services. Flashnet reserves the right to change the Services at its sole discretion, including without limitation, the manner by which FLASH, Wallets and Transactions occur. Flashnet also reserves the right to suspend or stop operating the Service altogether. User shall not rely on the Service as a store or representation of real value. If Flashnet ceases operations, User shall have no claim on account thereof, whether for lost value or otherwise.
3.4. Procedure upon Termination. Upon any termination of this Agreement, User shall longer be entitled to use the Wallet, Services or the Site. All provisions regarding indemnification, representations, warranties, liability and limits thereon and confidential information shall survive termination and termination of this Agreement shall not relieve the User of its obligations to pay accrued Fees or other liabilities to User hereunder. On termination hereof, User may designate Another User to receive all of their FLASH, if no such designation is made, then all FLASH in the Wallet shall be transferred to Flashnet.
4.1. Confidentiality. User agrees that, during the Term hereof and for a period of two (2) years thereafter neither User nor any of its Affiliates will directly or indirectly disclose any Confidential Information. For the purposes of this Agreement, “Confidential Information” means all proprietary, secret or confidential information or data relating to Flashnet and any of its Affiliates, operations, employees, independent sales organizations, agents, products or services, clients, customers or potential customers, Users, users or merchants. Confidential Information shall include, without limitation, User lists, all User agreements and all parts thereof, financial or other data in any format, computer access codes, instruction and/or procedural manuals, payroll information, human resource or personnel information, business strategies and the terms and conditions of this Agreement. Information shall not be considered Confidential Information to the extent, but only to the extent, that such information is: (i) already known to the receiving party free of any restriction at the time it is obtained; (ii) subsequently learned from an independent third party free of any restriction and without breach of this Agreement; (iii) or becomes publicly available through no wrongful act of the receiving party; (iv) independently developed by the receiving party without reference to any Confidential Information of the other; or (v) required to be disclosed by law. In order for User to perform hereunder, Flashnet will be obliged to disclose to User certain Confidential Information concerning the Services and Business. Upon any termination hereof, User shall return all Confidential Information in its possession to Flashnet.
- LIMITATION OF LIABILITY
5.1. NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Flashnet EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE SERVICES PROVIDED BY Flashnet OR THAT THE OPERATION OF THE SERVICES WILL BE INTERRUPTION OR ERROR FREE.
5.2. LIMITATIONS OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Flashnet, ITS SHAREHOLDERS, AGENTS AND LICENSORS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO USER FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF Flashnet HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. EXCEPT AS REQUIRED BY LAW, IN NO EVENT SHALL Flashnet’S LIABILITY (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE) TO THE MEMBER, OR ANY THIRD PARTY, IN ANY WAY CONNECTED WITH OR ARISING OUT OF THIS AGREEMENT EXCEED THE FEES ACTUALLY PAID TO Flashnet DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
5.3. Force Majeure. Flashnet shall use its commercially reasonable efforts to perform its obligations hereunder, however, Flashnet, its Affiliates, agents or licensors shall not be liable for any loss resulting from the activities of User, nor from any erroneous statements or errors in transmission, nor for any loss resulting from any delay, interruption or failure to perform hereunder due to any circumstances beyond Flashnet’s reasonable control including, without limitation, acts of god, fire, explosion, earthquake, riot, terrorism, war, sabotage, accident, embargo, storms, strikes, lockouts, any interruption, failure or defects in Internet, telephone, or other interconnect services or in electronic or mechanical equipment. Flashnet’s obligations hereunder shall be suspended during any of the foregoing circumstances, which suspension shall not be a cause for termination of this agreement by User.
6.1. The Coin System, Site and all related documents, systems, formulae and data, including the Transaction and Wallet blockchain, shall be and remain the sole and exclusive property of Flashnet and nothing herein shall be interpreted to transfer any rights therein to User or any third party.
7.1. Notices. Any notice, demand, request or other communication required or permitted to be given under this Agreement by User shall be to the contact information for Flashnet provided on the Site, and by Flashnet shall be to the email address of the User provided on sign-up or through the Wallet.
7.2. Independent Contractor. Neither party has any right to create any obligations on the part of the other party, without the other's prior written consent. Nothing in this Agreement or the course of dealing of the parties shall be construed to constitute the parties hereto as partners, joint ventures or as agents or employees of one another or as authorizing either party to obligate the other in any manner. User shall not (1) bind Flashnet to any contract or agreement, (2) incur any obligation on behalf of Flashnet, (3) release, assign or transfer any agreement, claim, security or any other asset of Flashnet, (4) borrow or lend any money in the name of Flashnet, or (5) submit to any claim or liability related to the Services, allow judgment to be taken or confessed against Flashnet. User, being an independent contractor, shall not receive as compensation, or be reimbursed, for any of the following: (i) work materials that User may use in performing hereunder, (ii) business facilities, telephone, automobile or any other equipment, (iii) any Business employee benefit, (iv) reimbursement for any other cost or expense incurred by User in its promotion of the Services hereunder.
7.3. Electronic Formation of Contract. The parties agree that this Agreement shall be formed by electronic means only.
7.4. No Waiver. No waiver of any of the provisions in this Agreement shall be deemed or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
7.5. Amendments to this Agreement. From time to time Flashnet will post amendments or revisions to this Agreement, including, without limitation, amendments to Fees, on the Site or in the Wallet. Flashnet will provide notice of these amendments or revisions to you through the Site or the Wallet. If the amendment or revision is required in order to Flashnet and the Services to remain in compliance with applicable laws or payment processor regulations, then the amendment or revision shall take effect as of when it is posted to the Site. If, on the other hand, the amendment or revision is not required under law or by a payment processor of Flashnet, and User does not close its Wallet within thirty (30) days of notice on the Site of the amendment or revision, then the User shall be deemed to have accepted the amendment or revision. Other than as provided in this section, this Agreement may not be amended except by express consent of both parties through the Site or by such other means as Flashnet may reasonably prescribe.
7.6. Assignment. None of User or any of its successors may assign this Agreement, or any rights hereunder, directly or by operation of law, without the prior written consent of Flashnet which consent may be withheld for any reason, at Flashnet's sole discretion.
7.7. Successors. This Agreement and the provisions hereof shall enure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns.
7.8. Dormant Wallets. In the event that a User does not carry out any Transaction in their Wallet for one year, Flashnet retains the right to suspend activity in the Wallet pending instructions from the User. In such circumstances, Flashnet may also, at its sole discretion, deem all FLASH in the Wallet to be transferred to Flashnet.
7.9. Enforcement. The User shall be liable for and shall indemnify and reimburse Flashnet for any and all reasonable attorneys’ fees and other costs and expenses paid or incurred by Flashnet in the enforcement of this Agreement, or in collecting any amounts due from User hereunder, or resulting from any breach of any of the terms or conditions of this Agreement.
7.10. Remedies. All remedies of either party hereunder are cumulative and may be exercised concurrently or separately. The exercise of any one remedy shall not be deemed to be an election of such remedy and shall not preclude the exercise of any other remedy. No failure on the part of either party to exercise and no delay in exercising any right or remedy hereunder shall operate as a waiver of such right or remedy.
7.11. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable and binding on the parties.Governing Law and Choice of Forum. To the extent permitted by law, this Agreement shall be deemed to have been formed in Province of Quebec, Canada. This Agreement shall be deemed to be governed in accordance with the laws of the Province of Quebec. All disputes arising hereunder shall be settled before courts of competent jurisdiction in the District of Montreal, Quebec, Canada. User acknowledges and agrees that each party to this Agreement waives their right to participate as a plaintiff or class member in any purported class action lawsuit or class-wide arbitration related to this Agreement.
7.12. Language. The parties hereto agree that this agreement is drafted and executed in the English language. Les parties aux présentes s'entendent pour que la présente convention soit rédigée en langue anglaise.
7.13. Whole Agreement. References to "this Agreement" include amendments promulgated by Flashnet and furnished to User from time to time. This Agreement replaces any earlier versions hereof appearing on the Site or otherwise and expressly excludes any marketing, communication, email, oral or other representations made by Flashnet or its agents concerning the Services or otherwise.
You hereby consent to the exchange of information and documents between You and Us electronically over the Internet or by email and that this electronic Agreement shall be the equivalent of a written paper agreement between You and Us.
Ownership and Copyright. You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade-names contained on this website (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Flashnet or its licensors, as the case may be.
Permitted Use. The Flashnet hereby grants to You a limited, revocable, personal, non-transferable and non-exclusive license to access, read and download one copy of the Content solely for the purpose of evaluating the services offered by us (“Services”).
Restrictions On Use. You agree that You will not:
a. distribute the Content for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Content by way of the press or media or through any commercial network, cable or satellite system; or
b. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Flashnet or its licensors or allow any third party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
License to Use Your Information. With the exception of your non-public personal information, You hereby grant to Flashnet the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use any information or other content You provide on or through this website or which is sent to Flashnet by email or other correspondence, including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Flashnet shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by Flashnet in writing or required by law. You represent and warrant that you have the right to grant the license set out above.
Personal Information. The Flashnet may from time to time, but is not obligated to, monitor your use of the website and collect, store, use and disclose information concerning you to solicit you to offer you Services, and You hereby consent to such collection, storage, use and disclosure and waive any right of privacy You may have in it.
BY PROVIDING YOUR CONTACT AND OTHER INFORMATION TO COMPANY, YOU ARE EXPRESSLY AGREEING THAT COMPANY MAY ITSELF US THAT INFORMATION OR ALLOW THIRD PARTIES TO USE SUCH INFORMATION IN ORDER TO SOLICIT YOU TO OFFER YOU PRODUCTS AND SERVICES OF COMPANY OR THIRD PARTIES.
Service Agreement. If You procure Services from Flashnet or one of its suppliers, then such Services shall be delivered pursuant to a separate agreement and are not provided hereunder and You shall have no rights or claims in respect of such Services hereunder.
Limitations on Liability and Disclaimers.
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK, AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.
This website may contain links to other sites. The Flashnet does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, Flashnet is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Flashnet is affiliated or associated with same. THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPERLINKS TO, OR CONTENT FOUND, ON OTHER WEBSITES. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service.
The Flashnet will not be responsible for any damages You or any third party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize Flashnet to make, or for any errors or any changes made to any transmitted, stored or received information.
You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON.
THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION.
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE AGREEMENT WITH YOU, THIS WEBSITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO CASE WILL THE COMPANY'S, ITS AFFILIATES', AGENTS', LICENSORS', SUPPLIERS' AND THEIR RESPECTIVE DIRECTORS', OFFICERS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN TWENTY DOLLARS $20.00.
THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
Termination. This Agreement is effective until terminated by Flashnet, with or without cause, in Flashnet's sole and unfettered discretion. The Flashnet may terminate this Agreement without notice to You for any reason or for no reason. Any such termination by Flashnet shall be in addition to and without prejudice to such rights and remedies as may be available to Flashnet, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to Flashnet, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
Indemnity. You agree at all times to indemnify, defend and hold harmless Flashnet, its agents, suppliers, licensors, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Flashnet directly or indirectly in respect of:
a. any information or other content You provide on or through this website or which is sent to Flashnet by email or other correspondence; or
b. Your use or misuse of the Content or this website, including without limitation infringement claims.
Governing Law. The Flashnet, this website and the Content (excluding linked websites or content) are physically located within Canada where Flashnet has its registered address. This Agreement shall be governed pursuant to the laws of the Province of Quebec, Canada. Any and all disputes arising under this Agreement shall be settled exclusively before courts of competent jurisdiction in the District of Montreal, Quebec, Canada. You agree to waive any right You may have to: (i) a trial by jury; and (ii) the commencement of or participation in any class action against Flashnet related to this website, You also agree to opt out of any class proceedings against Flashnet or its licensors. The parties are deemed to have performed under this Agreement in the Province of Quebec, Canada.
Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
Entire Agreement. This Agreement as it may be amended from time to time in accordance with the provisions of Section 12, and any and all other legal notices and policies on this website, constitutes the entire agreement between You and Flashnet with respect to the use of this website and the Content.
Amendment and Waiver. The Flashnet reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this website. You are responsible for periodically reviewing the amendments on this website, and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using this website. Access to this website or use of this website after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on Flashnet unless executed by Flashnet in writing. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Severability. Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
Language. The parties hereto agree that this Agreement is drafted and executed in the English language. Les parties aux présentes s'entendent pour que la présente convention soit rédigée en langue anglaise.
Enurement. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
© Flashnet Tech Inc., 2016.