Effective Date: 8 December,2022
The FlashGet Terms of Service (thereinafter, "TOC") is jointly concluded by You (the "End User"/"User") and FlashGet Network for Your use of Services (defined below) provided by FlashGet Network. "FlashGet Network" refers to FlashGet Network Technology Co.Ltd and/or any associated operator (hereinafter collectively referred to as "FlashGet Network", the "Company", "We", "Us" or "Our") that may exist with respect to its related services, and both You and We will be legally bound by this TOS. Please read terms in this TOS carefully before using the Services (defined below) offered by Us. By visiting our websites or using our Services in any manner, You agree that You have read and agree to be bound by the terms and conditions of this TOS. Use of the Company’s services is expressly conditioned upon Your assent to all or parts of the terms and conditions of this TOS, to the exclusion of all other terms.
this TOS applies when You enter into this TOS with us as an INDIVIDUAL rather than as an Enterprise User. If You are an Enterprise User, employee, agent, trustee of an Enterprise User, authorized person to supervise or manage the use of FlashGet by an Enterprise User, or other person to use FlashGet Services for the interest of an enterprise, please visit the FlashGet Enterprise Terms of Service,read and decide whether to agree to the FlashGet Enterprise Terms of Service.
The terms of this TOS that are or may be material to Your rights and interests have been marked in bold, and please pay specific attention to them.
In this TOS,
1. The "Website" means the www.flashget.com website and domain name and any other linked pages, features, contents, or application services (including but not limited to any mobile application services) offered from time to time by the Company in connection therewith.
2. The "FlashGet Services" or "Services" mean all software, products, services, websites and relevant contents provided by the Company.
3. The "FlashGet Account" or "Account" means the user’s account created by the user when using FlashGet Services, the username and password of which can identify You.
4. The "FlashGet Contents" or "Contents" mean all materials offered, displayed or performed on the Services, including, but not limited to software, text, graphics, articles, photographs, images, illustrations, etc.
5. "Third Party Services" mean third party websites, services and/or contents that are not owned or controlled by the Company during the Services.
6. "Affiliates", for the purpose of this TOS, mean enterprises that directly or indirectly control the Company, or are under the control of the Company, or are under control together with the Company. For the purpose of this definition, "control" refers to the ability to command the management or business of an enterprise, whether it is exercised through direct or indirect voting rights obtained by contracts or by other means.
II. INTRODUCTION TO THE SERVICES
1. The Website is owned and operated by the Company. Subject to the terms and conditions of this TOS, the Company may provide Services for You. You understand and agree that these Services are solely for Your own use, and NOT for the use or benefit of any third party.
2. You understand and agree that, due to changes in business and laws and regulations that apply to You and Us, the Company may change, suspend or terminate the Services at any time, including the availability of any feature, database, or Contents. The Company may also impose limits on certain features and services or restrict Your access to parts or all of the Services without notice or undertaking any liability. Meanwhile, the Company reserves the right, at its sole discretion, to modify this TOS at any time by posting a notice on the Website, or by sending You a notice via email or postal mail. You shall be responsible for reviewing and paying attention to the modifications in the announcements, tips, agreements, rules and other related contents of this Website. You acknowledge and confirm that if You do not accept the modified TOC, You should immediately stop using the Website and our Services. Your continued use of the Services following the modifications will constitute Your absolute acceptance of the terms and conditions of this TOS as modified.
3. You represent and warrant to the Company that:
i At the time You complete the registration process or actually use the services in any other way permitted by FlashGet Network, You are a natural person (not an enterprise) with full capacity for civil conducts under applicable laws and can enter into a binding contract by yourself, or You have obtained the express permission of Your guardian(s) to do so;
ii All registration information You submit is accurate and truthful; and
iii You will maintain the accuracy of such information. You also certify that You are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. In the case that this TOS is void for violating laws applied, the user’s right to access the Services is revoked in such jurisdictions.
III. REGISTRATION AND ACCOUNT MANAGEMENT
1. Registration, by which You show Your acceptance of this TOS, is required before Your use of Service. The Company might accept or reject Your online registration at its own discretion, and is not obligated to offer the reason for rejection.
3. The Registration Information You provide shall be the latest, complete, and accurate, and You are solely responsible for the renewal of the Registration Information when necessary. If We finds any of Your Registration Information incomplete, inaccurate, or not the latest, We have the right to reject Your registration at Our own discretion, or deny all Your rights to access, receive and use Services.
4. As a part of the registration process, You have to use Your email address as Your username, and set Your password to create and access Your FlashGet Account. You are solely and fully responsible for the management of Your FlashGet Account and the confidentiality of Your password. You should use, keep and manage Your FlashGet Account and password in a proper manner. Please neither disclose Your FlashGet Account and password to anyone else, nor log in to or use other people’s FlashGet accounts and passwords on Your device. In the case of any leakage, loss, or theft of Your or others’ account(s), password(s), equipment information, data, privacy data or property due to Your failure to comply with this TOS, which are not caused by the faults of Us as provided by law, You are solely to bear all losses and damage.
5. You herein grant Us relevant rights to protect Your Account security, under which We can check and verify the security status of Your use of Account regularly or irregularly in various manners, including but not limited to contacting You for user verification, short message verification, email verification and change of password, etc. In the event that You fail to verify or reject the verification without justifiable reasons, We are entitled to reasonably deem Your Account in abnormal state or hacked, and suspend the Services for Your Account or take subsequent measures.
6. In the event that You find Your Account hacked or Your password leaked, You are supposed to inform Us of that immediately to avoid any unauthorized use of Your Account or any other act that might cause losses or damage to any party. You might be liable for the losses or damage to Us or other parties caused by the use of Your Account by a third party, regardless of whether You are informed of that or not.
7. In the event that You lose Your FlashGet Account information or forget Your password that disables Your FlashGet login, You are required to provide relevant information and certificates according to the instructions for Account recovery posted by Us for the purpose of recovering Your Account or password, and You should ensure the authenticity and validity of the information and certificates provided. Should the materials You provide be fake or unqualified and fail to pass Our security check, You might fail to recover Your account, and You are then solely to bear the corresponding risks and losses herein. You understand that it will take Us reasonable time to process Your recovery request, and that except in cases where We are faulty as provided by law, We are not liable for Your losses and damage.
8. You will be responsible for paying, filing, and reporting all taxes, duties and other governmental assessments associated with Your activity in connection with the Services.
IV. RULES FOR SERVICE USAGE
1. You understand and agree that the Services and its contents are intended solely for Your personal, non-commercial use and shall only be used in accordance with the terms of this TOS. You are forbidden from offering to others Your Account, including but not limited to transferring, renting, lending, sharing, selling or sub-licensing to others, nor may You log in to or use others’ FlashGet account(s) and password(s) on Your device. In the case of Your violating this rule, You’ll be responsible by Your own for any legal consequences and liabilities for that, and We will have the right to suspend or terminate Services for You.
2. You are allowed to use FlashGet Services within the FlashGet platform only, and any act of separating FlashGet Services from FlashGet platform in the form of cracking, translating, transcribing, etc., does not constitute Services in this TOS. We reserve the right to hold the infringer accountable and claim indemnity.
3. Any FlashGet Services accessed by theft, exploiting system vulnerabilities, and unofficial or unauthorized by the Company methods (including but not limited to purchasing, renting, borrowing, sharing, transferring, etc.) are not under protection, and We have the right to cancel/deny Services. All losses and responsibilities in these cases are to be borne by the person who accesses Services through the aforesaid methods himself or herself.
4. All FlashGet Contents are protected by copyright. You shall abide by all copyright notices, trademark rules, information and restrictions contained in any Contents accessed through the Services, and shall NOT use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Contents or third party submissions or other proprietary rights not owned by You: (i) without the express prior written consent of the respective owners, or (ii) in any way that violates any third party right.
5. The Services are protected by copyright pursuant to the laws of Hong Kong, international conventions, and other intellectual property laws. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this TOS), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Contents, software, materials, or Services in whole or in part.
6. You may download or copy the Contents for personal non-commercial use only, provided that You agree with all notices for copyright and other matters contained in such Contents. Copying or storing of any Contents except for for personal noncommercial use is expressly prohibited without prior written permission from the Company or from the copyright holder identified in such Contents’ copyright notice. If You violate the aforementioned prohibition and link to the Website, the Company may, at the Company’s sole discretion, revoke such link at any time. The Company reserves the right to require prior written consent of the relevant obligee before linking to the Website.
7. You warrant, represent and agree that You will not use the Services in a manner that
(i) violates any law, statute, ordinance or regulation;
(ii) infringes or violates the intellectual property rights or proprietary rights or privacy, or other rights of any third party
(iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
(iv) involves commercial activities and/or sales without the Company’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(v) collect, store, process or transmit any sensitive personal information;
(vi) simulates any person or entity, including but not limited to any employee or representative of the Company; or
(vii) contains a virus, trojan horse, worm, time bomb, or other harmful computer codes, files, or programs.
We are not liable for any loss or damage caused by Your violation of the aforementioned warranty, representation and TOC. Meanwhile, when Your behavior violates laws, regulations, policies and other binding legal documents, You may also be subject to the corresponding punishment and bear the corresponding responsibility.
8. You are responsible for all of Your activity in connection with the Services. Any prohibited illegal activity may be grounds for termination of Your right to access or use the Services. Such activities include, but are not limited to:
(i) posting or transmitting, or causing to be posted or transmitted, any communication or solicitation designed or intended to obtain password, Account, or other personal information, private information from any other user of the Services;
(ii) the use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transferring or storing illegal material (including material that may be considered illegal or obscene), or engage in any kind of illegal activity;
(iii) running Maillist, Listserv, any form of auto-responder, or "spam", etc. on the Services, or any other processes that interfere with the proper working of or place an unreasonable load on the Services’ infrastructure;
(iv) the use of manual or automated software, devices, or other processes to "crawl", "scrape", or "spider" any part of the Service or the Contents;
(v) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Services.
V. WARRANTY DISCLAIMER
1. You understand and agree that the Company has no special relationship with or fiduciary duty to You. You understand and agree that the Company has no control over, and no duty to take any action regarding:
(i) which users could gain access to the Services;
(ii) what Contents You access via the Services;
(iii) what effects the Contents may have on You;
(iv) how You may interpret or use the Contents; or
(v) what actions You may take as a result of having been exposed to the Contents.
You release the Company from all liability for the Contents You have or have not acquired through the Services.
2. You understand and agree that the Company makes no representations or warranties with respect to any Contents contained in or accessed through the Services and shall not be liable for any of the foregoing Contents, including but not limited to any errors, omissions, the legality, legitimacy of any Contents, or any losses or damage arising from the use or disclosure of any Contents.
3. You understand and agree that all information publicly published or privately transmitted through FlashGet Services shall be solely on the responsibility of the person who publishes or transmits such contents, and the Company shall not be responsible for the accuracy and authenticity of such information;You also understand and agree that the Company cannot guarantee the identity of any other user with whom You may interact during the use of the Services and that the Company cannot guarantee the authenticity of any information that such user may provide about themselves;You understand and agree that all risks that may arise from Your use of the FlashGet Services are at Your own risk and that You will be solely responsible for any damage or losses that may result therefrom.
4. You understand and agree that the Company makes no representations or warranties regarding suggestions or recommendations You receive through the Services for purchasing other services or products. The services, contents, websites and any software are provided on an "as is" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.
5. You are responsible for any losses, damage and liability due to reasons attributable to Yourself, and the Company is not responsible or liable for that. These include but are not limited to:
(i) losses, damage or liability caused by Your failure to obey rules in this TOS or operate by instructions;
(ii) occasions when Your Account is disabled, lost, or banned;
(iii) losses and liability caused by the third-party payment institution account You bind, including when You use an unauthenticated third-party payment account, when You use a third-party payment account other than Your own, and when Your third-party payment account is frozen, seized, etc.;
(iv) property losses caused by Your telling Your password to others;
(v) losses and liability caused by Your login or use of others’ FlashGet account(s) or password(s);
(vi) other property losses due to Your intent or gross negligence.
However, to ensure Your good experience while using FlashGet Services, We are available for necessary assistance within the scope of our capability. You can contact Us immediately in the aforementioned circumstances for necessary assistance.
6. We are not liable for damages in the following cases when FlashGet products and Services fail to function properly which disable Your access to Services or cause the loss of any virtual property, files, data, etc. Such cases include but are not limited to:
(i) losses due to Your improper operation during the notified by Us downtime for maintenance, upgrade and adjustment of the system;
(ii) failure of data transmission or normal service delivery due to malfunction of telecommunications or equipment;
(iii) failure of functioning of FlashGet products or Services are caused by Force Majeure such as typhoons, earthquakes, tsunamis, floods, power failures, wars, terrorist attacks, government regulation, etc.
(iv) loss of Your Account or the data in Your Account, interruption or delay of service caused by hacker attacks, technical adjustment or malfunction of the telecommunications department, website upgrades, system instability, Force Majeure (e.g. server crash) and problems of related third parties;
(v) other conditions that cannot be attributed to the Company.
7. Limitation of Liability
To the fullest extent allowed by applicable law, in no event shall the Company or its suppliers, distributors, agents and their respective shareholders, officers, directors, employees, or agents take the following responsibilities with respect to the Website or the Services or the subject matter of this TOS for negligence, tort, strict liability or other legal or equitable theory:
(i) any indirect, incidental, punitive, or consequential damages of any kind whatsoever;
(ii) data loss or cost of procurement of substitute goods or services; or
(iii) any responsibility arising out of matter beyond the Company’s reasonable control.
VI. SUPPORT AND UPGRADES
this TOS does not entitle You to any support, upgrades, patches, enhancements, or fixes for any portion of the Services or Contents (collectively, "Support"). Whether any such Support shall be made available is to be decided by the Company at its sole discretion, and once made available, such Support shall become a part of the Services and subject to this TOS.
(i) You agree that the Company may, by itself or through third parties, send or display advertisements or other information (including commercial and non-commercial information) to You by SMS, E-mail, electronic information web pages or other means. The specific sending and display form, frequency and content of advertisements or other information shall be subject to the actual provision of the Company, and you shall not modify, remove, or block such advertisements or information.
(ii) Subject to applicable laws, the Company shall have the right to independently determine the form, duration, location and content of the advertisements without any interference of any third party;
(iii) The Company will carry out advertising business in accordance with relevant laws and regulations. You agree that You should prudently judge the authenticity and reliability of advertisements appearing in the Services, and that You shall be responsible for Your actions carried out as a result of such advertisements, except as expressly provided by applicable laws.
FlashGet Network and/or its Licensees retain the ownership of all rights to Services or services related, which are protected by the laws of Hong Kong and international copyright and other intellectual property laws and international trade regulations. You acknowledge that the Services may contain unpublished information and contain valuable business secrets exclusive to FlashGet Network and/or its licensees. FlashGet Network and/or its licensees retain all rights in Services not explicitly granted herein. Should You violate any part of this clause, the license granted by this TOS and Your right to use the Services would automatically terminate.
X. CONFIDENTIAL INFORMATION
1. "Confidential Information" means any private business or technical information provided orally or in writing by the Company, including but not limited to any information related to the Company’s business secrets or proprietary technology. The aforementioned Confidential Information shall be considered confidential and proprietary. You agree to keep Confidential Information strictly confidential. You shall not use or disclose such Confidential Information to any third party unless explicitly authorized in writing by the Company.
2. Notwithstanding the aforementioned provisions, Confidential Information shall not include the following information:
(i) information made publicly available in a manner that does not violate the terms of this TOS;
(ii) information independently developed by Yourself and not involving any contents of Confidential Information; or
(iii) information disclosed to You by a third party, and You are not subject to the disclosure restrictions required by that third party.
3. The obligations and responsibilities of the parties hereto for the Confidential Information shall remain valid until the Confidential Information becomes public domain information through legal means.
You will indemnify for and hold the Company, its parent companies, subsidiaries, Affiliates, officers, and employees harmless from any claim or demand made by any third party (including but not limited to all damages, liabilities, settlements, costs and attorneys’ fees) arising out of Your access to the Services, use of the Services in a manner violating this TOS, or the infringement by You (including when any third party uses your Account) of any intellectual property or other rights of any person or entity.
XII. INTERACTION WITH THIRD PARTIES
1. The Services may contain links to third party websites, services, and/or contents (together, "Third Party Services") that are not owned or controlled by the Company. When You access Third Party Services, You do so at Your own risk. You hereby represent and warrant that You have read and agree to be bound by all applicable policies of any Third Party Services relating to Your use of such services and that You will act in accordance with those policies. The Company has no control over, and assumes no responsibility for the contents, legality, accuracy, privacy policies, etc., or practices of or opinions expressed in any Third Party Services. In addition, the Company will not and cannot monitor, verify, censor or edit the contents of any Third Party Services.
2. By using the Services, You expressly release and hold the Company harmless from any and all liability arising from Your use of any Third Party Services. Your interactions with third parties, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are valid solely between You and such third parties.
3. You should conduct whatever reviews or investigations You deem necessary or appropriate before engaging in any online or offline transaction, remote transmission, control, observation, management, assistance, sharing of data, documents or equipment with any third party. You understand and agree that the Company shall not be responsible or liable for any losses or damage incurred as the result of any such behaviors.
4. If there is a dispute between participants on this Website, or between users and any third party, You understand and agree that the Company is under no obligation to be involved. In the event that You have a dispute with one or more other users or third parties, You hereby release the Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
XIII. TERMINATION OF AGREEMENT
1. this TOS shall remain in full force and effect while You use the Services. Subject to terms of this TOS, You may terminate Your use of the Services at any time. The Company may terminate or suspend Your access to the Services or Your membership/user status at any time for any reason without warning, which may result in the forfeiture and destruction of all information associated with Your membership/user status.
2. The Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if You breach any of the terms or conditions of this TOS.
3. Upon the expiration/termination of Your Account, Your right to use the Services, access the Website, and any Contents will immediately terminate.
4. The following provisions of this TOS which, by their nature should survive termination, shall survive termination: ownership provisions, confidential provisions, warranty disclaimers, and limitation of liability.
1. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
2. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including but not limited to mechanical, electronic or communications failure or degradation (including "line-noise" interference), natural disasters such as floods, earthquakes, epidemics and storms, as well as social events such as wars, unrest, government actions and so on.
3. If any provision of this TOS is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this TOS shall otherwise remain in full force and effect and enforceable.
4. this TOS is not assignable, transferable or sublicensable by You except with the Company’s prior written consent. The Company may transfer, assign or delegate its rights and obligations under this TOS without Your consent.
5. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other memorandum of understandings relating to the subject matter of this TOS. No agency, partnership, joint venture, or employment is created as a result of this TOS and You do not have any authority of any kind to bind the Company in any respect whatsoever.
6. Headings for each section have been included above for Your convenience, but such headings do not have any legal meaning, and may not accurately reflect the contents of the provisions they precede.
7. The conclusion, entry into force, interpretation, amendment, supplement, execution, suspension, termination and dispute settlement of this TOS shall be governed by and construed in accordance with the laws of the Republic of Hong Kong; if there are no relevant provisions in the law, reference shall be made to commercial practices and/or industrial practices.
8. The disputes arising out of or in connection with Your use of FlashGet Services will be resolved through friendly consultation between You and Us. If the dispute cannot be resolved through consultation, such disputes shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre（HKIAC Rules） in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong.
9. FlashGet Network reserves the right of final interpretation of this TOS.
XV. CONTACT US
If you have any questions, complaints, or claims with respect to the Services, you may contact us at firstname.lastname@example.org