Terms of Service Agreement

Effective as of December 15, 2021.


These Terms of Service (“Terms”) are a binding legal agreement between you and Flash Labs GmbH, (“Flash,” “Us,” “Our,” and “We”) that govern your use of our website (“Website”); our mobile applications, (including App Clips on iOS and Instant Apps on Android devices (each an “App”, and collectively, the “Apps”)); and any services, content, and resources made available or enabled via the Website or an App (collectively, the “Services”).

Where we provide App Clips or Instant Apps, we may facilitate your engagement with our Partners and provide you with the ability to make direct purchases from our Partners without having to install or download any mobile application on your device. Our Apps also allow you to place orders from Partners, and access links to our Partners’ websites, where you can view and manage your previous orders for products placed from our Partners. In addition to the Terms of Service, please read our Privacy Policy to learn more about how your submitted content and information is handled by Flash.

Please note that if you purchase products from our Partners via our Apps, this constitutes an agreement between you and the applicable Partner, and not with Us. Such purchases will be governed by the applicable Partners’ terms and conditions. These Terms do not apply to such purchases. Also, please be advised that your use of a Third Party Account (as defined below) such as Apple Pay or Google Pay in connection with the Services, is subject to the terms and conditions, including the privacy policies, of such Third Party Account provider.

BY CLICKING ON THE “I ACCEPT” BUTTON, DOWNLOADING OR USING THE APPS, AND/OR ACCESSING OR USING ANY OF THE SERVICES, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS; (2) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY AND, IF APPLICABLE, ON BEHALF OF ANY LEGAL ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT LEGAL ENTITY TO THE TERMS OF SERVICE; AND (3) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FLASH OR, IF YOU HAVE NOT REACHED THE AGE OF MATURITY IN YOUR STATE, PROVINCE OR COUNTRY, THAT YOU HAVE REVIEWED THESE TERMS WITH YOUR PARENT OR LEGAL GUARDIAN AND HE OR SHE AGREES TO THESE TERMS ON YOUR BEHALF AND TAKES FULL RESPONSIBILITY FOR YOUR COMPLIANCE WITH THEM. THE TERM “YOU” OR “USER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU ACCESS OR USE THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

PLEASE BE AWARE THAT SECTION 14 (DISPUTE RESOLUTION) OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF YOUR AGREEMENT WITH US. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

PLEASE BE AWARE THAT SECTION 1.3 (FLASH COMMUNICATIONS) OF THESE TERMS, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.

1. USE OF THE SERVICES AND FLASH PROPERTIES.

1.1 Flash Properties.

The Services, and the information and Content (as defined below) available on the Services (each, a “Flash Property” and collectively, the “Flash Properties”) are protected by copyright laws throughout the world. Subject to these Terms, Flash grants you a limited license to reproduce portions of Flash Properties for the sole purpose of using the Services for your personal use only. Unless otherwise specified by Flash in a separate license, your right to use any and all Flash Properties is subject to these Terms. You understand that the Flash Properties are evolving. As a result, Flash may require you to accept updates to the Flash Properties, including those that you have installed on your computer or mobile device. You acknowledge and agree that Flash may update the Flash Properties with or without notifying you. You may need to update third-party software from time to time in order to use the Flash Properties.

1.2 Application License.

Subject to your compliance with these Terms, Flash grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) download, install and use a copy of the App (as applicable) on a single mobile device or computer that you own or control and to run such copy of the App; and (ii) use and/or access a copy of the Apps solely for your own personal use. Furthermore, with respect to any Apps accessed through or downloaded (as applicable) from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Services accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.

1.3 Flash Communications.
(a) Generally

By entering into these Terms or using the Flash Properties, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us may include but are not limited to: (i) operational communications concerning your use of the Flash Properties; (ii) updates concerning new and existing features on the Flash Properties; (iii) communications concerning promotions run by us, our Partners or other third-party partners; and (iv) news concerning Flash and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send to you.

(b) Promotional Emails

We may send marketing or promotional email messages to you. If we send marketing or promotional emails, you will have the ability to opt out of receiving such communications by following the instructions in this section.

YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE FLASH PROPERTIES OR RELATED SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE FLASH SERVICES. IF YOU WISH TO OPT OUT OF RECEIVING PROMOTIONAL EMAIL COMMUNICATIONS FROM US, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.

(c) Promotional SMS and/or Text Messages.

You may have the option to provide us with your contact information and sign up for an SMS messaging service (a “SMS Messaging Service”) on the Website, or via an App. When you opt-in to an SMS Messaging Service, you may consent to receive texts (including marketing texts) from us at the mobile number you’ve provided at opt-in, including, but not limited to: communications concerning new and existing features of our Services, and communications concerning promotions run by us or our Partners. If you opt in to one of our SMS Messaging Services, we will send you an SMS message to confirm your sign up. You can cancel the SMS Messaging Service at any time. Just text “STOP” to the telephone number or short code we used to contact you. We may change any short code or telephone number we use to operate our SMS service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO THE TELEPHONE OR SHORT CODE WE USED TO CONTACT YOU. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE FLASH PROPERTIES OR RELATED SERVICES.

1.4 Electronic Communications.

The communications between you and Flash may take place via electronic means, whether you visit the Flash Properties or send Flash e-mails, or whether Flash posts notices on the Flash Properties or communicates with you via e-mail. For contractual purposes: you (a) consent to receive communications from Flash in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Flash provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

2. THIRD-PARTY SERVICES

2.1 Partner Products.

The Flash Properties can be used to facilitate the purchase and sale of products, services or merchandise from our Partners (“Partner Products”). All matters concerning the Partner Products desired from a Partner, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Partner. Flash makes no warranties or representations whatsoever with regard to any Partner Products. You will not consider Flash, nor will Flash be construed as, a party to such transactions, whether or not Flash may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. When you purchase Partner Products through the Services, you are entering into a contract directly with the applicable Partner. Your payments for Partner Products are processed in accordance with the applicable Partner’s terms of service. By placing an order via one of our Apps, connecting to the Flash Properties via a Third Party Account (such as to use Apple or Google Pay), or by providing payment information in connection with one of our other accepted payment methods, you agree that Flash is authorized to direct the applicable Partner to invoice you for all fees and charges due and payable for the purchase of Partner Products hereunder and that no additional notice or consent is required.

2.2 Third-Party Services.

Flash Properties may contain links to third-party websites and applications (“Third-Party Services”). When you click on a link to a Third-Party Service, we will not warn you that you have left the Flash Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Flash.

Flash is not responsible for any Third-Party Services and Flash provides links to these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Services, these Terms and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

3. ACCESSING THE SERVICES.

3.1 User Information.

In order to access certain features of the Flash Properties, such as to purchase Partner Products via one of our Apps, you may be required to create an account or provide required transaction information, such as your name, phone number, email address, or age (the “User Information”). If you are prompted to create an account or provide additional information prior to making a purchase via an App, you agree to: (a) provide true, accurate, current and complete User Data and other information as prompted; and (b) if applicable, maintain and promptly update your account and/or the User Information you have provided to keep it true, accurate, current and complete.

You represent that you are: (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Flash Properties under the laws of Germany, your place of residence or any other applicable jurisdiction. You are responsible for your use of the Services, and for all activities that occur under your account. You agree that you shall monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Flash Properties by minors. You may not share your account with anyone, and you agree to notify Flash immediately of any unauthorized use of the Services, or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Flash has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Flash has the right to suspend or terminate your access to the Services and refuse any and all current or future use of Flash Properties (or any portion thereof). You agree not to create an account or place orders via the Services using a false identity or information, or on behalf of someone other than yourself. You agree not to use Flash Properties if you have been previously removed by Flash, or if you have been previously banned from any of the Flash Properties.

3.2 Third Party Accounts.

We provide the capability for you to access the Flash Properties through your account with certain third party services, such as through your Apple ID or Google Account (“Third Party Account”). You may be able to facilitate payment for Partner Products by using your Third Party Accounts (such as via Apple or Google Pay). If you access the Flash Properties through a Third Party Account, you agree to allow Flash to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Flash and/or grant Flash access to your Third Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account, and without obligating Flash to pay any fees or making Flash subject to any usage limitations imposed by such third-party service providers.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND FLASH DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.

4. RESPONSIBILITY FOR CONTENT.

4.1 Types of Content.

You acknowledge that all information, data, text, messages, and/or other materials accessible through the Flash Properties (collectively “Content”), including the Flash Properties themselves, is the sole responsibility of the party from whom such Content originated. This means that you, and not Flash, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Flash Properties (“Your Content”), and that you and other users of the Flash Properties, and not Flash, are similarly responsible for all Content that you and they make available through the Flash Properties (“User Content”).

4.2 No Obligation to Pre-Screen Content; Storage.

You acknowledge that Flash has no obligation to pre-screen Content (including, but not limited to, User Content), although Flash reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content. In the event that Flash pre-screens, refuses or removes any Content, you acknowledge that Flash will do so for Flash’s benefit, not yours. Without limiting the foregoing, Flash shall have the right to remove any Content that violates these Terms or is otherwise objectionable. Flash has no obligation to store any of Your Content that you make available on the Flash Properties. Flash has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content, or the security, privacy, storage, or transmission of other communications originating with or involving use of Flash Properties.

4.3 Sharing Content.

Certain Services may enable you to specify the level at which such Services restrict access to Your Content, such as determining who can see the orders you place in connection with the Services. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. For more information, please review our privacy policy.

5. OWNERSHIP.

5.1 Flash Properties.

Except with respect to Your Content and User Content, you agree that Flash and its suppliers own all rights, title and interest in the Flash Properties (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and Flash software. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or on any Flash Properties.

5.2 Trademarks.

Flash will own and retain all right, title and interest in its trademarks, graphics, logos, service marks, trade names and other brand elements (collectively, “Trademarks”) used on or in connection with the Services. Such Trademarks may not be used without permission, including in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Flash Properties are the property of their respective owners.

5.3 Your Content.

Flash does not claim ownership of Your Content. However, when you as a user post or publish Your Content on or in the Flash Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

5.4 License to Your Content.

Subject to any applicable privacy settings that you select, you grant Flash a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Flash Properties to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Flash Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Flash, are responsible for all of Your Content that you make available on or in Flash Properties.

5.5 Feedback.

You agree that submission of any ideas, suggestions, documents, and/or proposals to Flash through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Flash has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Flash a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Flash Properties and/or Flash’s business.

6. INTERACTIONS WITH OTHER USERS.

You are solely responsible for your interactions with other users and any other parties with whom you interact; provided, however, that Flash reserves the right, but has no obligation, to intercede in such disputes. You agree that Flash will not be responsible for any liability incurred as the result of such interactions. The Flash Properties may contain User Content provided by other users. Flash is not responsible for and does not control User Content. You use all User Content and interact with other users of the Services at your own risk.

7. USER CONDUCT AND RESTRICTIONS ON USE.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Flash Properties or any portion of the Flash Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Flash Properties (including images, text, page layout or form) of Flash; (c) you shall not use any metatags or other “hidden text” using Flash’s name or trademarks, or the name or trademark of any of Flash’s Partners; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Flash Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not introduce viruses, worms, or similar harmful code into the Flash Properties, or interfere or attempt to interfere with use of the Flash Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Flash Properties; (g) except as expressly stated herein, no part of the Flash Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Flash Properties; and (i) you shall not (and shall not permit any third party to) either (A) take any action or (B) make available any Content on or through the Flash Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; or (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Flash’s prior written consent. Any future release, update or other addition to the Flash Properties shall be subject to these Terms. Flash, its suppliers and service providers reserve all rights not granted in these Terms. Any unauthorized use of any Flash Property terminates the licenses granted by Flash pursuant to these Terms. If Flash becomes aware of any possible violations by you of these Terms, Flash reserves the right to investigate such violations, and Flash may, at its sole discretion, immediately terminate your license to use the Flash Properties without prior notice to you.

8. INDEMNIFICATION.

You agree to indemnify and hold Flash, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Flash Party” and collectively, the “Flash Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Flash Property; (c) your violation of these Terms; (d) your violation of any rights of another party, including any other users of the Service; (e) your violation of any applicable laws, rules or regulations. Flash reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Flash in asserting any available defenses. This provision does not require you to indemnify any of the Flash Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of these Terms and/or your access to the Flash Properties.

9. DISCLAIMER OF WARRANTIES AND CONDITIONS.

9.1 As Is.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE FLASH PROPERTIES IS AT YOUR SOLE RISK, AND FLASH PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. FLASH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.

  1. FLASH PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE FLASH PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE FLASH PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FLASH PROPERTIES WILL BE ACCURATE OR RELIABLE.
  2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE FLASH PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE FLASH PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
  3. FROM TIME TO TIME, FLASH MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT FLASH’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

9.2 No Liability for Conduct of Third Parties.

YOU ACKNOWLEDGE AND AGREE THAT FLASH PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FLASH PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OUR PARTNERS AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. THE FLASH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM OR IN CONNECTION WITH ANY PARTNER PRODUCTS PURCHASED VIA THE SERVICES.

9.3 No Liability for Conduct of Other Users.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE FLASH PROPERTIES. YOU UNDERSTAND THAT FLASH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE FLASH PROPERTIES. FLASH MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FLASH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH FLASH PROPERTIES.

9.4 No Liability for Content.

EXCEPT FOR FLASH’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE FLASH’S PRIVACY POLICY, FLASH ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

10. LIMITATION OF LIABILITY.

10.1 Disclaimer of Certain Damages.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL FLASH PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT FLASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ANY PURCHASE AND/OR USE OF PARTNER PRODUCTS, OR COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE FLASH PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE FLASH PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE FLASH PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FLASH PROPERTIES OR (e) ANY OTHER MATTER RELATED TO THE FLASH PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A FLASH PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A FLASH PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A FLASH PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

10.2 Cap on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, FLASH PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) $100; OR (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A FLASH PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A FLASH PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A FLASH PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLASH AND YOU.

11. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

It is Flash’s policy to terminate membership privileges of any user of the Services who repeatedly infringes copyright upon prompt notification to Flash by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Flash Properties in a way that constitutes copyright infringement, please contact us: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Flash Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

12. TERM AND TERMINATION.

12.1 Term.

You hereby acknowledge and agree that these Terms and your agreement with commenced on the earlier to occur of: (a) the date you first used the Flash Properties; or (b) the date you accepted these Terms, and will remain in full force and effect while you use any Flash Properties, unless earlier terminated in accordance with these Terms.

12.2 Termination.

If you have materially breached any provision of these Terms, or if Flash is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Flash has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Flash’s sole discretion and that Flash shall not be liable to you or any third party for any termination of your Account. If you want to terminate the Services provided by Flash, you may do so by ceasing to use Services and/or by deleting any accounts, if applicable.

12.3 Effect of Termination.

Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of any User Information, and all related information, files and Content associated with or inside your use of the Services (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Flash will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of these Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

12.4 No Subsequent Use or Registration.

If your ability to access and/or make purchases via the Flash Properties is discontinued by Flash due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to access the Flash Properties through use of a different Third Party Account, credentials or otherwise. In the event that you violate the immediately preceding sentence, Flash reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

13. INTERNATIONAL USERS.

Flash Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Flash intends to announce such Services or Content in your country. The Flash Properties are controlled and offered by Flash from its facilities in Germany. Flash makes no representations that the Flash Properties are appropriate or available for use in other locations. Those who access or use the Flash Properties from other countries do so at their own volition and are responsible for compliance with local law.

14. CHANGES TO THESE TERMS.

PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY FLASH IN ITS SOLE DISCRETION AT ANY TIME.

When changes are made, Flash will make a new copy of the Terms available through the Services. We will also update the “Last Updated Date” at the top of these Terms. If we make any material changes, and you have provided your email address to us, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to these Terms. Any changes to these Terms will be effective immediately for new users of the Services and will be effective for existing users thirty (30) days after posting notice of such changes on the Services for existing users. Flash may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted.

If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS.

15. GENERAL PROVISIONS.

15.1 Accessing and Downloading the Application.

You acknowledge and agree that the availability of the Apps, and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (the “App Store”). The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

  1. You acknowledge and agree that (i) these Terms are concluded between you and Flash only, and not Apple, and (ii) Flash, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service, and you agree to pay all fees (if any) charged by the App Store in connection with Flash Properties, including the Application.
  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application, and Flash, not the App Store, is solely responsible for the Flash Properties, the content thereof, and warranty therefor.
  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Flash and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Flash.
  4. You and Flash acknowledge that, as between Flash and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and Flash acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Flash and Apple, Flash, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  6. You and Flash acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

15.2 Assignment.

These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Flash’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

15.3 Force Majeure.

Flash shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, pandemic, epidemic, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

15.4 Governing Law; Venue.

The Terms and any action related thereto will be governed and interpreted by and under the laws of the United Kingdom without giving effect to any principles that provide for the application of the law of another jurisdiction. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Flash agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the United Kingdom.

15.5 Notice.

Where Flash requires that you provide an e-mail address, you are responsible for providing Flash with your most current e-mail address. In the event that the last e-mail address you provided to Flash is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Flash’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. Such notice shall be deemed given when received by Flash by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address. Our delivery address can be found at the end of these Terms of Service.

15.6 Waiver; Severability.

Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any portion of these Terms are held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

15.7 Entire Agreement.

These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

How to Contact Us

Please direct any questions or comments about these Terms of Service to info@joinflash.io.

You may also write to us via postal mail at:

Flash Labs GmbH

Charlottenstraße 4

10969

Berlin, Germany