Terms of Services
Last updated: March 17th, 2021
Eligibility
In order to use our services:
Using our services
By signing up you:
Rights you grant us
A. Flashtrend Content
As between you and Flashtrend, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Flashtrend Content”), are either owned or licensed by Flashtrend, it being understood that you or your licensors will own any User Content you upload or transmit through the Services. Use of the Flashtrend Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Flashtrend Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Flashtrend reserves all rights not expressly granted herein in the Services and the Flashtrend Content. You acknowledge and agree that Flashtrend may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Flashtrend Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
B. User-Generated Content
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items and other elements provided by Flashtrend (“Flashtrend Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Flashtrend Elements, have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.
We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.
If you find inappropriate content that violates our community guidelines or have any other issues you'd like to raise, you can contact us at: [email protected] If you wish to file a complaint about information or materials uploaded by other users, contact us at: [email protected]
Flashtrend takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Flashtrend’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FLASHTREND, LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF FLASHTREND, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FLASHTREND, LLC AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID FLASHTREND, LLC, IF ANY, IN THE PAST SIX MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLASHTREND, LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Closing
If you have any questions regarding the terms of service feel free to contact us at [email protected]
Eligibility
In order to use our services:
- You must be over the age of 13 to create an account and use the services we provide.
- You may create an account if you can form a binding contract with Flashtrend, LLC
- You are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
- By accepting these terms of our services on behalf of a business, company, organization, government, or any other legal entity, you must be authorized to represent and warrant that you are authorized to do so.
Using our services
- We do not endorse, represent, support or guarantee, the truthfulness, and completeness, accuracy and reliability, of any content on our services.
- When using our services, Flashtrend, LLC, grants you a personal, worldwide, royalty-free, non- assignable, non-exclusive, revocable, and non-sublicensable license to access and use the services.
- Flashtrend, LLC takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, posts, send, receives, or uploads.
- We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts that violate our terms
- We may not monitor or control the content posted via the services and we cannot take responsibility for such content or any content provided by others
- we cannot guarantee that content on the services will always conform to our terms and guidelines.
- All content is the sole responsibility of the person who originated such content.
- Any use or content posted or obtained by on the services is at your own risk
- Flashtrend, LLC respects the intellectual property rights of others and expects users of the service to do the same.
- Flashtrend, LLC, reserves the right to remove any content alleged to be infringing or we deem inappropriate without prior notice, at our sole discretion
- Much of the content on our services is produced by users. Whether that content is posted publicly, privately, or sent privately, that content is the sole responsibility of the person or organization that posted it.
- We are not responsible and liable for any loss or damage that arises from your lure to comply with securing your account.
- We may need to provide you with service announcements and administrative messages. These communications are considered part of the service and your account and you may not opt out from receiving them.
- When using our services and app you may come across posts with links to third party websites or resources we aren’t responsible or liable for any third party terms, content, products, services or actions that you use through links posted on our app
By signing up you:
- You understand that when using our services you may be exposed.
- You agree that you are responsible for all data charges you receive through the use of our Service and app.
- You will not create more than one account for yourself
- You agree that Flashtrend, LLC is not responsible or liable for the conduct of any user or third-party.
- Our software may automatically install upgrades, updates, and features. If you would prefer not to, you may adjust these settings through your device settings
- You understand and agree that you are solely responsible and liable whether online or offline, for your interaction with other users of the Service.
- You may not post offensive, inaccurate, harmful, inappropriate, deceptive, nude, partially nude, pornographic, violent, discriminatory, unlawful, infringing, hateful, or sexually suggestive photos or other content through the Service.
- You must not defame, stalk, bully, abuse, harass, spams solicits, threaten, violates or infringes someone else's rights
- You agree that you are responsible for safeguarding your account and keeping your password secret and secure.
- You agree that you will not share your password or account.
- You are responsible for use and for sharing any content that complies with applicable laws, rules, and regulations.
- You agree that you will not use the services for any purpose that is illegal, unlawful, unethical or prohibited in these terms.
- You understand by using our services you may be exposed to content that might be offensive, inaccurate, harmful, inappropriate, or deceptive posts, none of which Flashtrend, LLC will be responsible and liable for.
- You may not use the Service for any illegal or unauthorized purpose.
- You understand and agree that the functionality, content, information, design, illustrations, artwork and other graphic materials, names, and logos used in this application are protected by various intellectual property, including but not limited to, copyrights, trademarks, and pending patent applications and/or issued patents, and/or other laws and/or international treaties, and are the exclusive property of Flashtrend, LLC, our users, and/or our suppliers, as the case may be. The functionality, content, information, design, illustrations, artwork and other graphic materials, names, and logos may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated in whole or in part, unless expressly permitted by Flashtrend, LLC.
- You understand and agree that nothing in the application or these Terms should be construed as granting by implication, estoppel, or otherwise, any license or right in any intellectual property including but not limited to, copyrights, trademarks, and pending patent applications and/or issued patents without the written permission of Flashtrend, LLC. By using this application, you agree to not copy or reproduce any functionality, content, information, design, illustrations, artwork and other graphic materials, names, or logos used in this application. You further agree that you will not, directly or indirectly, reverse engineer or aid or assist in the reverse engineering of all or any part of the application.
- You Understand Flashtrend, LLC will not hesitate to take legal action against any unauthorized usage or reproduction of any functionality, content, information, design, illustrations, artwork and other graphic materials, names, logos, and trademarks. All rights not expressly granted herein are reserved.
Rights you grant us
- We reserve the right to force forfeiture of any username for any reason at any time without advanced notice
- We reserve the right to refuse access to the service to anyone for any reason at any time.
- We reserve the right to access, read, review, preserve, and disclose any information that we deem necessary to satisfy any applicable law, regulation, legal process, or governmental requests.
- We reserve the right to look up your phone number at any time and for any reason and without notice.
- We reserve the right to monitor, review, and remove all content that appears on the services.
- We reserve the right to add or remove certain services and features provided by our services at any time for any reason and without advanced notice
- We reserve the right to suspend or stop the services altogether at any time for any reason and without advanced notice
- We reserve the right to terminate or modify the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
- Refer to our privacy policy for information on how we collect use and disclose information from our users.
A. Flashtrend Content
As between you and Flashtrend, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Flashtrend Content”), are either owned or licensed by Flashtrend, it being understood that you or your licensors will own any User Content you upload or transmit through the Services. Use of the Flashtrend Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Flashtrend Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Flashtrend reserves all rights not expressly granted herein in the Services and the Flashtrend Content. You acknowledge and agree that Flashtrend may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Flashtrend Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
B. User-Generated Content
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items and other elements provided by Flashtrend (“Flashtrend Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Flashtrend Elements, have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.
We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.
If you find inappropriate content that violates our community guidelines or have any other issues you'd like to raise, you can contact us at: [email protected] If you wish to file a complaint about information or materials uploaded by other users, contact us at: [email protected]
Flashtrend takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Flashtrend’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FLASHTREND, LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF FLASHTREND, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FLASHTREND, LLC AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID FLASHTREND, LLC, IF ANY, IN THE PAST SIX MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLASHTREND, LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Closing
- At any point, we may revise these terms. The changes will not be retroactive and the most current version of the terms will govern us and will be posted on flashtrend.co/termsofservices
- By continuing to use the service after the revising have been made and made effective you agree to be bound by these new revisions.
- We reserve all rights not expressly granted to you.
- If any provisions of these terms are found to be invalid or unenforceable then that provision will be severed from these terms and will not affect the validity and enforceability of any remaining provisions and the remaining provisions of these terms will be in full force and affect.
- If Flashtrend, LLC, fails to enforce a provision of these terms or any rights it will not be considered and deemed a waiver.
- You can terminate these terms for any reason at any point by deleting your account.
- Flashtrend may terminate these terms with you at any time for any reason and without advanced notice
- Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
If you have any questions regarding the terms of service feel free to contact us at [email protected]