Eligibility for flash-files 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.
hereby represents and warrants that it is duly licensed to do business and is in good legal standing in
jurisdictions in which it does business (during the term of this Agreement) that it is not a competitor
flash-files, and that the person agreeing to this Agreement for Customer is at least eighteen years of
otherwise capable of and authorized to enter binding contracts for Customer.
Subject to the terms and conditions of this Agreement, flash-files makes certain Services available to
the purposes of this Agreement:
- "Customer" (or "you") means the individual or business entity that is using or registering to
Services, including its employees and agents;
- flash-files "Services" means those electronic or interactive services offered by flash-files.
flash-files reserves the right to change or discontinue any of the Services at any time.
You acknowledge that all materials (except those uploaded by users) provided on this Web site, including
limited to information, documents, products, logos, graphics, sounds, gui, software, and services
"Materials"), are provided either by flash-files or by their respective third party authors, developers
(collectively "Third Party Providers") and the underlying intellectual property rights are owned by
and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws
be copied or imitated in whole or in part. flash-files, the flash-files logo and other flash-files
referenced herein are trademarks of flash-files, and may be registered in certain jurisdictions. All
names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Customer represents and warrants that the information it provides in Filesfalsh contact information
accurate, current and complete. Customer agrees to maintain and update this information to ensure that
accurate, current and complete. If, at any time, any information provided by Customer is untrue,
current or incomplete, flash-files will have the right to suspend or terminate Customer's account and
Customer may designate persons to act as its agents to use the Services,
designated person has the legal capacity to enter into binding contracts with flash-files for the
Furthermore, Customer represents and warrants that each person who registers under Customer's account is
authorized agent of Customer (an "Authorized User") who has such legal capacity.
Responsibility for Access:
Customer is solely responsible and liable for any and all access to
and use of
Services (including all activities and transactions) by any Authorized User and/or User ID registered
Customer's account, unless such access to or use of the Services is the direct result solely of the
of flash-files. It is Customer's responsibility, through its systems administrator Authorized User, to
appropriate access for each of Customer's Authorized Users.
Responsibility for User IDs and Passwords:
Customer is solely responsible for maintaining the
of Customer access information, i.e. account ID's and passwords of its Authorized Users, and are
activities that occur under your account.
Notification of Unauthorized Use:
Customer will immediately notify flash-files, if Customer
activity indicating that Customer's account or data is being used without authorization, including (but
- Customer has received confirmation of an order or orders placed using Customer's account which
not place or any similar conflicting report;
- Customer becomes aware of any unauthorized use of any product or service related to its
Customer has sole responsibility and liability for the data it stores on flash-files server(s). Customer
its data through its generated link. flash-files encourages Customer to archive its data regularly and
Customer bears full responsibility for archiving its data and sole liability for any lost or
Customer agrees to maintain its data in compliance with its legal obligations. flash-files may retain
in its archives even after termination of the agreement and will not be liable to Customer in any way
flash-files will provide access to the Services and Customer's data to an agent of Customer ("Authorized
provides flash-files with a notarized letter signed by an officer of Customer which letter shall include
of authenticity, authority, and liability as required by flash-files in its sole discretion. Customer
irrevocably agrees that flash-files may rely on such a letter and on the apparent authority of the
access to the Services or to Customer's account. In no event will flash-files be liable to Customer or
party for flash-files's reliance on such letter or such apparent authority.
You agree to not use flash-files's Service to:
- upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of
depicts torture or death-gui; if serious enough, the content will be reported to the appropriate
authority and/or the member's ISP will be contacted;
- harm minors in any way, this includes any form of child pornography; if serious enough, the
reported to the appropriate legal authority and/or the member's ISP will be contacted;
report files it detects through its service that appear to involve child exploitation to the
legal authority of the respective country.
- upload, post, e-mail, transmit or otherwise make available any Content that infringes any
trade secret, copyright or other proprietary rights of any party.
Illegality and Adult Content:
flash-files neither sanctions nor permits site content or the transmission of data that contains illegal
material and pornography or fosters or promotes illegal activity, including but not limited to,
offering for sale of illegal weapons, and the promotion or publication of any material that may violate
Customer shall not commit or permit wrongful or damaging acts which justify civil action including, but
to, posting of abuse, defamatory, scandalous, or private information about a person without their
intentionally inflicting emotional distress.
Access and Interference:
Violations or attempts to violate flash-files systems or to interrupt flash-files services are strictly
and may result in criminal and civil liability. Examples of system violations include, without
- Unauthorized access to or use of flash-files Services, including any attempt to probe, scan or
vulnerability of a system or to breach security or authentication measures without express
- Interference with Service to any customer or network including, without limitation, flooding, or
attempts to overload a system and broadcast attacks;
- Use of any device, software, or routine to interfere or attempt to interfere with the proper
- Any action that imposes an unreasonable or disproportionately large load on flash-files
Customer shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise
the source code of the "software tools" (including the tools, methods, processes, and
underlying the Services or any other software on the flash-files Web site.
Copyright or Trademark Infringement:
flash-files Services may be used only for lawful purposes. Transmission, distribution or storage of any
violation of any applicable law or regulation, including export control laws, is prohibited. This
limitation, material protected by patent, copyright, trademark, service mark, trade secret or other
property rights. If you use another party's material, you must obtain prior authorization. By using the
you represent and warrant that you are the author and copyright owner and/or proper licensee with
respect to any
hosted content and you further represent and warrant that no content violates the trademark or rights of
party. flash-files reserves the right to suspend or terminate a Customer's transmission(s) that, in
discretion, violates these policies or violates any law or regulation.
Notwithstanding the foregoing, flash-files undertakes no responsibility to monitor the Content made
Members. flash-files operates the Site and Services as a neutral party, and flash-files does NOT
scan or regulate the use of the flash-files and/or services by any of its Members. The use of the
services by a Member or otherwise does not constitute an endorsement by flash-files of that member.
not responsible or liable for the acts, omissions, agreements, promises, content, content links, other
services, comments, opinions, advice, statements, offers and/or other information made available by, or
any member or other third party.
As a Member, you agree that you are solely responsible for the Member Content uploaded by you to
for any and all subsequent uses of the member content URLs. If you post member content, you represent
that you have all necessary ownership or other rights in and to the member content enabling you to
upload it on
flash-files, generate a member content URL and display the member content URL and associated member
intended. Without limiting the foregoing, you agree to use the Services in a manner consistent with any
applicable laws and regulations.
You shall be solely responsible for any and all of your own uploads and the consequences that arise from
uploading and publishing them. Furthermore, with uploaded content, you affirm, represent, warrant and/or
you will not:
- Make available for and/or display any content that could be considered unlawful, harmful,
defamatory, obscene and/or objectionable;
- Make available for and/or display any content that infringes upon the trademark, trade name,
license and/or other intellectual property or property right of any third party;
- Make available for and/or display any private information of any third person such as but not
telephone numbers, street addresses, last names and/or e-mail addresses;
- Make available for and/or display any audio files, text, photographs, videos or other imagery
confidential information without prior authorization by the information owner/holder;
- Make available for and/or display any audio files, text, photographs, videos or other images
found to be obscene in your community, as defined under applicable local law;
- Express or imply or lead any 3rd parties to believe that any statements you make are endorsed
approved by flash-files, without flash-files administration's specific prior written consent;
- Collect by any means whatsoever any personal information about end-users or other third parties,
their express consent and/or approval;
- Utilize any software such as but not limited to: robot, spider, site search/download application
other device or utility to retrieve, index, "data mine," or in any way reproduce the
and/or presentation of the flash-files, it's services or related content;
- Interfere with or disrupt the Services, Site and/or the servers and/or networks connected to
- Make available, offer for download, post, e-mail or otherwise transmit any material that
any other software, malware, code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment;
- Make available, post, offer for download, transmit, promote any software, product or service
and/or that violates the rights of a third party including, but not limited to, spyware, adware,
designed to send unsolicited advertisements (SPAM), services that send unsolicited
designed to initiate DDOS attacks and programs designed to gain unauthorized access to networks
- Create a mirror of any part of the flash-files and/or its services or impersonate flash-files
services without our prior written authorization;
- Make available for display and/or display any content that could be considered exploitative of
any way, whatsoever;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise
any portion of the flash-files and/or services or any software used on or for same. Engaging in
aforementioned practices shall be deemed a breach of the Agreement and may result in the
termination of your account and access to the services without prior notice, in the sole
flash-files. flash-files reserves the right to pursue any and all legal remedies against Members
in the aforementioned prohibited conduct. Without limiting the foregoing, flash-files reserves
report any content that could be considered exploitative of children in any way, whatsoever, to
applicable legal and regulatory bodies and organizations.
Termination of the Account:
By using our site and/or service, you agree that we are authorized to block your access and delete any
in your account for any violation of our Terms and Conditions.
We have a policy of terminating, without notice and without recourse, accounts of subscribers or account
are repeat infringers of copyright based upon a suspicion on our part or a notice we receive regardless
flash-files reserves the right to decide whether member's or user's uploads are appropriate and comply
Terms. flash-files reserves the right to remove such user/member uploads and/or terminate user's access
uploading such material in violation of these Terms at any time, without prior notice and at its sole
Misuse of System Resources:
Customer shall not misuse system resources including, but not limited to, employing content which
CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on
Whether lawful or unlawful, flash-files reserves the right to determine what is harmful to its
or reputation, including any activities that restrict or inhibit any other user from using and enjoying
or the Internet.
Please be aware flash-files reserves the right to cancel any account or transmission they find in
of the above policies. If appropriate, flash-files will refer complaints to law enforcement authorities,
case, flash-files will actively assist law enforcement agencies with the investigation and prosecution
activities, including surrendering Customer account and data information.
Complaints about violators of our Policy should be sent to our email ID
'complaint about violator of policy' in the subject. Each complaint will be investigated and may result
cancellation of Services without prior notice.
You expressly understand and agree that:
- your use of the Service is at your sole risk. flash-files Services are provided on an "as is"
available" basis. flash-files and its suppliers, to the fullest extent permitted by law,
warranties, including but not limited to warranties of title, fitness for a particular purpose,
merchantability and non-infringement of proprietary or third party rights. flash-files and its
make no warranties about the accuracy, reliability, completeness, or timeliness of our Services,
- flash-files makes no warranty that (I) the Service will meet your requirements, (II) the service
uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the
use of the
service will be accurate or reliable, (IV) the quality of any products, services, information,
material purchased or obtained by you through the Service will meet your expectations, and (V)
the software will be corrected;
- any material downloaded or otherwise obtained through the use of the Service is done at your own
and risk and that you will be solely responsible for any damage to your computer system or loss
results from the download of any such material;
- no advice or information, whether oral or written, obtained by you from us or through or from
shall create any warranty not expressly stated in these terms and conditions.
You agree to defend, indemnify, and hold harmless flash-files, its affiliates, officers, directors,
agents, from and against any claims, actions or demands, including without limitation reasonable legal
alleging or resulting from your use the Service, or your breach of this Agreement or other flash-files
terms and conditions.
Limitation of Liability:
Your use of flash-files is at your own risk. If you are dissatisfied with any aspect of our Service or
terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the
expressly understand and agree that flash-files shall not be liable for any direct, indirect,
consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill,
other intangible losses (even if we have been advised of the possibility of such damages), resulting
- the use or the inability to use the Service;
- the cost of procurement of substitute goods and services resulting from any goods, data,
services purchased or obtained or messages received or transactions entered into through or from
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service; or
- any other matter relating to the Service.
Modifications to Agreements, Policies
or to our
We reserve the right to change this Service Agreement at any time without notice. We also reserve the
time to modify or discontinue the Service, temporarily or permanently, with or without notice to you.
we shall not be liable to you or any third party for any modification, suspension or discontinuance of
You acknowledge that we may establish general practices and limits concerning use of the Service,
maximum disk space that will be allotted on flash-files servers on your behalf, and the maximum number
the maximum duration for which) you may access the Service in a given period of time. Further, you
flash-files may change subscription fees at any time without notice. Changes in subscription fees will
on expiration of any existing Customer subscription.
Without limiting other remedies, flash-files may immediately issue a warning, suspend (i.e., lock out
operation of Services for Customer) either temporarily or indefinitely, or terminate Customer's account
to provide Services to Customer if:
- flash-files believes that Customer have violated or acted inconsistently with this Agreement, or
- Customer have failed to pay fees or other payments due to flash-files;
- flash-files is unable to verify or authenticate any information Customer provides to
- flash-files believes that Customer's actions may cause legal liability for Customer,
clients, or flash-files.
flash-files may also in its sole discretion and at any time discontinue providing the Service, or any
with or without notice. You agree that any termination of your access to the Service under any provision
terms and conditions may be effected without prior notice, and acknowledge and agree that flash-files
immediately deactivate, archive or delete your account and all related information and data and/or any
access to such data or the Service. Further, you agree that flash-files shall not be liable to you or
third-party for any termination of your access to the Service.
Upon termination of this Agreement by either Customer or flash-files, all of Customer rights under this
and flash-files's provision of Services, will terminate immediately.
The Sections ("Customer Data"), ("No Warranty"), ("Indemnity"), ("Limitation Of Liability") and this
("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
parties. flash-files does not control the information, products or services available on these third
The inclusion of any link does not imply endorsement by flash-files of the applicable website or any
with the website's operators. Because flash-files has no control over such websites and resources, you
flash-files is not responsible or liable for the availability or the operation of such external
material located on or available from any such websites or for the protection of your data privacy by
Any dealings with, or participation in promotions offered by, advertisers on the Site, including the
delivery of related goods or services, and any other terms, conditions, warranties or representations
with such dealings or promotions, are solely between you and the applicable advertiser or other third
further agree that flash-files shall not be responsible or liable, directly or indirectly, for any loss
caused by the use of or reliance on any such material available on or through any such website or any
All materials that you submit through or in association with the Site including, without limitation, the
Cancellation of Membership:
You may cancel your Membership at any time if you are not completely satisfied. To cancel your
cease using the Site and applicable Services and cancel the subscription with the applicable payment
any. You understand and agree that cancellation of your Membership is your sole right and remedy with
dispute with flash-files. Upon any termination and/or cancellation of your Membership, your license
immediately terminated. The following conditions apply to any Premium Membership cancellation:
- you shall not receive any pro-rata refund of your Fees for partial months or years; and
- you shall not receive any refund for Fees previously paid up to the date of cancellation or
you remain liable for any and all unpaid Fees billed by flash-files.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these
Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of
shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties
that any agency or partnership relationship be created through operation of the Agreement.
Customer and flash-files are independent contractors, and no agency, partnership, joint venture,
or franchiser-franchisee relationship is intended or created by this Agreement.
Customer may not assign any of its rights, or delegate any of its duties, under this Agreement, and any
assignment will be null and void.
Operation of our Services may be interfered with by numerous factors outside of our control and we shall
liable to you for any delay or failure in performance under this Agreement resulting directly or
causes beyond flash-files's control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be
narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference
in no way define, limit, construe or describe the scope or extent of such section.
flash-files Confidential Information:
You represent and warrant to flash-files that
- you are not a competitor of flash-files
- you shall keep publicly unannounced information and materials pertaining to flash-files,
software, testing or testing procedures strictly confidential and
- you shall not use any information gained from access to the flash-files Web site or use of the
Services to compete with flash-files in its business.
Except for other agreements or terms appearing on the Web site, this Agreement set forth the entire
and agreement between us with respect to the subject matter hereof.
Any questions relating to our Legal Agreements and Policies may be directed to