Effective Date: August 18th, 2020
FlashPlays is not affiliated with or sponsored by Apple. Apple is in no way involved with FlashPlays contests.
1. ACCEPTANCE OF TERMS
BY DOWNLOADING THE APP OR CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B)REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING
AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES AND DELETE IT FROM YOUR DEVICE.
2. MODIFICATION OF TERMS
We may revise and update this Agreement from time to time in our sole discretion. Changes are effective immediately when we notify you by sending an email or posting them to the Sites or App and apply to all access to and use of the services thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site or App. Your continued use of the Services following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this Agreement from time to time so you are aware of any changes, as they are binding on you.
For the avoidance of doubt, ongoing Contests (as further defined below) shall be subject to the version of the Terms that is in effect at the start of the Contest. It is your responsibility to check the Terms periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms. In addition, some services offered through the Services may be subject to additional terms and conditions adopted by FlashPlays. Your use of those services means you agree to be subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
FlashPlays reserves the right to modify, suspend, or discontinue the services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that FlashPlays shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. FlashPlays may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3. LICENSE GRANT
Subject to the terms of this agreement, FlashPlays grants you limited, non-exclusive, and non-transferable license to:
download, install and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation; and
access, stream, download, and use on such Mobile Device, or through another device, the Services made available in or otherwise accessible through the Site or App, strictly in accordance with this Agreement.
4. RESERVATION OF RIGHTS
You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. FlashPlays and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You must be at least eighteen (18) years of age to open an account, participate in contests, or win prizes offered by the App. To play free-to-play contests, users must be residents of the United States, Canada, or Mexico. To enter pay-to-play contests, additional restrictions apply.
Only residents of the United States are eligible. In jurisdictions, territories, and locations where the minimum age for permissible entry in pay-to-play contests is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least twenty-one (21) years of age if you are a legal resident of Kansas or Massachusetts. Legal residents physically located in the following jurisdictions of the United States are eligible to enter pay-to-play contests on the App: California, Connecticut, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Massachusetts, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Texas, Utah, and Wisconsin. Furthermore, Residents located in Connecticut, Florida, Georgia, Indiana, and Nebraska are only permitted to enter pay-to-play Matchups and are prohibited from entering pay-to-play Jackpots on the App. You agree to abide by all applicable laws in the jurisdiction where you are located while using the App.
If any deposit is charged back, any winnings generated from FlashPlays contests shall be invalidated, forfeited, and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited, and deducted from the Account balance. FlashPlays reserves the right to close your account – without notice – shall a deposit be charged back.
FlashPlays employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner and relative of the employee who resides at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public contests for cash hosted on the App; provided, however, Employees and Immediate Family Members are permitted to play in the following contests on the App: FlashPlays-sponsored Private Contest, Private Contests for cash, or Private Contests for prizes other than cash. A “Private Contest” is one that is hosted by another Employee, relative, or friend of the Employee or Immediate Family Member participating and is only open to other Employees, relatives, or friends of the Employees or Immediate Family Members.
Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their immediate family members, are not eligible to participate in and are strictly prohibited from entering any FlashPlays contests in the sport in which they are associated.
Users will be able to visit the App and view the games available for entry (the "Contests"). Every contest corresponds to a specified televised sporting event (the “Game”). Each individual Contest that is not free to enter has an entry fee listed in US dollars. When you select to participate in a Contest and complete the entry process, the listed amount of US dollars will be debited from your FlashPlays account.
Users can enter contests only after answering questions 1 and 2 of the corresponding Game and before the first play of the Game ensues (the “Start of the Game”). After the first play of the game, all contests related to the Game are closed for entry. Users that answer questions 1 and 2 prior to the Start of the Game are automatically entered into free-to-play contests and have the ability to enter pay-to-play contests as long as they are eligible to enter and do so prior to the Start of the Game.
Deposits made on our App will appear on your statement as FlashPlays Live Inc. To refund an entry fee, contact us via email within 48 hours of the submission of the relevant entry fee. Refunds will be issued only during events where technical or administrative failures on the part of FlashPlays technology or administrators substantially impact a user’s ability to submit answers to the questions posed in the Contest. In no other way will refund requests be admissible. Any failures on the part of the user, such as poor wifi or silent notifications, will not allow for the issuance of a refund. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
CONDITIONS OF PARTICIPATION
By entering a Contest, entrants agree to be bound by these Rules and the decisions of FlashPlays, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. These Terms prohibit entering a Contest if the entrant is:
Except as otherwise stated in the Eligibility section above, an Employee of the Company or an immediate family member of such employee;
An employee or operator of any daily fantasy site including any that charges entrance fees or offers prizes, and any Immediate Family Member of any such person;
An employee of a sponsor, consultant, or supplier of the Company or any other daily fantasy sports contest provider that has access to Pre-Release Data or otherwise receives an advantage in the entrant’s participation in a Contest;
An employee, operator or consultant to a sports governing body where such employee, operator or consultant is prohibited from participating in applicable Contests by such governing body;
Breaches any rules or policies of the entrant’s employer, of any sports governing body, or any other professional body of which the entrant is a member, including any rule or policy regarding participation in Contests or accepting prize money;
Any person prohibited from participating pursuant to court order;
Any entrant who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in a Contest from any person who is prohibited from entering a Contest as provided in these Terms.
In addition, conduct that would be deemed improper also includes, but is not limited to:
Falsifying personal information required to enter a Contest or claim a prize;
Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
Using automated means (including but not limited to scripts and third-party tools) to interact with the App in any way (this includes, but is not limited to: creating a contest, entering a contest, withdrawing from a contest, answering questions, sending user referrals, sending friend requests, posting on chats and threads);
Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the App or of any User for any purpose.
Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
Obtaining other entrants information and spamming other entrants; or
Abusing the App in any way.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent FlashPlays from pursuing criminal or civil proceedings in connection with such conduct.
By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless FlashPlays, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or traveling to or from any prize-related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. FlashPlays may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
FlashPlays is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest; inability to access the App, or any web pages that are part of or related to the App; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE APP OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FLASHPLAYS RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All entries become the property of FlashPlays and will not be acknowledged or returned.
To be eligible to enter any contest or receive any prize, the Authorized Account Holder may be required to provide FlashPlays with additional documentation and/or information to verify the identity of the Authorized Account Holder and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, FlashPlays will, in its sole and absolute discretion, utilize certain information collected by FlashPlays to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the App. Winners agree that from the date of notification by FlashPlays of their status as a potential winner and continuing until such time when FlashPlays informs them that they no longer need to do so that they will make themselves available to FlashPlays for publicity and promotion activities.
FlashPlays reserves the right to move entrants from the Contests they have entered into to substantially similar Contests in certain situations determined by FlashPlays in its sole discretion.
CONTEST PRIZES AND PROMOTIONS
Guaranteed prizes are offered in connection with some of the Contests offered by the App. Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and promotions Rules before participating.
OTHER LEGAL RESTRICTIONS
CONTEST OF SKILL
Contests offered on the App are contests of skill. Winners are determined by the objective criteria described in the Contest rulebook, how to play, scoring, and any other applicable documentation associated with the Contest.
In Jackpot Contests, winners are determined by the individuals who use their skill and knowledge of relevant sports information, App rules, and live Game trends to accumulate, at the very least, the targeted question correct goal or eXperience Point goal outlined in corresponding Jackpot. The target goal and goal type (questions correct, eXperience Points) are outlined prior to entering Jackpot.
In Matchup Contests, from all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information, App rules, and live Game trends to accumulate the most questions correct and/or FlashPoints according to the corresponding scoring rules. The App and Contests may not be used for any form of illicit gambling.
CONTEST STATISTICS AND LIVE SCORING
To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the FlashPlays App and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While FlashPlays and the third parties used to provide the FlashPlays Services use reasonable efforts to include accurate and up-to-date information, neither FlashPlays nor its third party providers warrant or make any representations of any kind with respect to the information provided through the FlashPlays App and related information sources. FlashPlays and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the FlashPlays App and related information sources, and shall not be responsible or liable for any error or omissions in that information.
Questions results are based on the final statistics and outcomes of corresponding drives, quarters, halves, or game associated with the duration of the question. Specific determinations of outcomes and waives can be found in the RuleBook and FAQs. We reserve the right to edit the determined outcome of questions prior to the ending of the Contest and content of RuleBook and FAQs at any time. FlashPlays is not liable for incorrectly determined outcomes.
Contest results and prize calculations are based on the results of the 8 contest questions at the completion of the Game. Once the question results are reviewed and graded, prizes are awarded. The results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in FlashPlays’ sole discretion.
FlashPlays reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in contests for any reason whatsoever. Further, FlashPlays may, in its sole and absolute discretion, invalidate any contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
At the conclusion of each Contest, prizes will be awarded by 12:00 NOON EST on the following day except in circumstances where technical failure, the inability of the Company to verify your compliance with these Terms, or other reasons prevent such timely payout. Your contest prizes can be viewed on your profile. Contest results can be viewed in the Post-Contest Summary. Prizes won are added to the winning participant’s account balance. In the event of a tie, prizes are divided evenly amongst the participants that have tied.
Contest prize payouts will be published with the creation of each new contest. FlashPlays reserves the right, in its sole discretion, to cancel or suspend the contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by FlashPlays to its customers but will not be required.
PAYMENT AND WITHDRAWAL OF PRIZES
Before making any payment, FlashPlays may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Contest, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance. If FlashPlays requests that an entrant completes and executes such an affidavit and the entrant fails to do so within seven (7) days, or FlashPlays otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, FlashPlays reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, FlashPlays may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the Rules of the Contest.
If you are an entrant residing in Missouri, you can withdraw the funds maintained in your individual account, whether such account is open or closed, within five (5) business days of the request being made, unless FlashPlays believes in good faith that you engaged in either fraudulent conduct or other conduct that would put FlashPlats in violation of sections 313.900 to 313.1020, RSMo, in which case FlashPlays may decline to honor the request for withdrawal for a reasonable investigatory period until its investigation is resolved if it provides notice of the nature of the investigation to you. For the purposes of this provision, a request for withdrawal will be considered honored if it is processed by FlashPlays but delayed by a payment processor, credit card issuer, or by the custodian of a financial account.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, FlashPlays reserves the right in its sole discretion to determine whether or not to award such prizes.
No substitution or transfer of prize is permitted, except that FlashPlays reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
FLASHPLAYS PLAYER RESERVE
Customer deposits and player winnings after contests are finished are held in a separate, segregated bank account (the "Segregated Account") held by FlashPlays Live Inc. Vendors, players, and creditors shall be aware that the funds in the Segregated Account do not belong to FlashPlays Live Inc., and are not available to creditors of FlashPlays Live Inc., except for players whose funds are held in such account. FlashPlays Live Inc. is prohibited from comingling funds belonging in the Segregated Account with funds from other accounts.
Players who believe that funds held by or their accounts with FlashPlays Live Inc. have been misallocated, compromised, or otherwise mishandled, may register a complaint with FlashPlays Live Inc. online by e-mailing email@example.com. FlashPlays Live Inc. shall use its best efforts to respond to such complaints within ten (10) days. If FlashPlays Live Inc. determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. If more information is required for FlashPlays Live Inc. to process the complaint, the response will note the form and nature of the necessary additional information needed.
TERMINATION AND EFFECT OF TERMINATION
DISCLAIMER OF WARRANTIES
THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE APP, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE APP; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE APP; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE APP; (D) THE MESSAGES AND INFORMATION SENT FROM THE APP BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE APP OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE APP OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE APP, ANY OF THE APPS’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE APP IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE APP, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APP OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE APP INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE APP AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE APP, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE APP; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE APP OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE APP’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE APP). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS APP IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE APP OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APP OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY APP OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE AND/OR APP OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
INTELLECTUAL PROPERTY RIGHTS
The content on the App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to FlashPlays, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the App is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FlashPlays reserves all rights not expressly granted in and to the App and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the App or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the App or the Intellectual Property therein.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to FlashPlays, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully-sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of FlashPlays, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to FlashPlays, may result in account suspension or termination.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
You represent and warrant that you have all rights necessary to grant to FlashPlays the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
CONSENT TO JURISDICTION IN MASSACHUSETTS, ATTORNEY’S FEES
The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the App (including all commercial transactions conducted through the App) ("Claims") shall be the courts of competent jurisdiction sitting within Suffolk County, Massachusetts (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and FlashPlays waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement and the Forum to which the parties have herein agreed.
Third-party online publishers that refer users to the FlashPlays App shall not be responsible or liable for the FlashPlays App or any of the content, software, or functions made available on, or accessed through, or sent from, the FlashPlays App.
FLASHPLAYS AND OTHER TRADEMARKS CONTAINED ON THE APP ARE TRADEMARKS OR REGISTERED TRADEMARKS OF FLASHPLAYS IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE APP.
FOR CONTENT PROVIDERS / OPTIMIZATION TOOLS