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Terms of Use

 

Effective Date: October 22nd, 2020

 

FlashPlays is not affiliated with or sponsored by Apple. Apple is in no way involved with FlashPlays contests.

 

1. ACCEPTANCE OF TERMS

By using the websites https://www.flashplayslive.com and/or https://www.flashplays.live (including all the areas available through such websites, collectively, the “Sites”), downloading the FlashPlays mobile application(“App”), and/or by creating an account and using the various fantasy sports services(collectively, such services, including any new features and applications, together with the Site, the “Services”) offered by FlashPlays Live Inc., a Delaware C-corp, (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors – collectively “FlashPlays,” “we,” “us,” and/or “our”) you, the user(collectively “Users,” or “you”), acknowledge and agree to these legally binding Terms. You also agree to the FlashPlays Privacy Policy located at https://www.flashplayslive.com/privacy (“PrivacyPolicy”) and all other operating rules, policies, and procedures that may be published on the Services by FlashPlays, which are incorporated by reference.

 

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: 

  1. 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

  2. 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 there in or relating thereto, except as expressly granted to you in this Agreement.

 

 

5. ELIGIBILITY

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, users must be residents of the United States, Canada, or Mexico.

 

You may establish only one account per person to participate in the Services offered on the App. In the event FlashPlays discovers that you have opened more than one account per person, in addition to any other rights that FlashPlays may have, FlashPlays reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

 

"Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the App or Website.

 

 

CONTEST ENTRY

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”). 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.

 

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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:

  • 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;

  • Any violation of Contest rules or the Terms of Use;

  • 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.

 

FlashPlays is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, mobile application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest in accordance with the Terms of Use or applicable Contest rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of FlashPlays corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the App.

 

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.

 

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.

 

Participation in each Contest must be made only as specified in the Terms of Use. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize forfeiture.

 

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.

 

 

CONTEST PRIZES AND PROMOTIONS

Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. 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 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.

 

 

QUESTION RESULTS

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

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.

 

 

PRIZES

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.

 

 

PRIZE TABLES

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.

 

 

WITHDRAWAL OF PRIZES

Before making any withdrawal, 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.

 

Entrants may withdraw their cash prize awards by using the "Withdrawal" option on the App. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a Driver's License, Proof of Residence, and/or any information relating to accounts as reasonably requested by FlashPlays in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Use in any manner.

 

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).

 

 

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, FlashPlays may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such an event, you will immediately cease all access to and use of the FlashPlays App. FlashPlays may revoke any password(s) and/or account identification issued to you and deny you access to and use of the App. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

 

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 respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Use and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.

 

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.

 

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

 

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.

 

 

MISCELLANEOUS

These Terms of Use shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and FlashPlays that arises in whole or in part from the Terms of Use, the App or any Contest shall be decided exclusively by a court of competent jurisdiction located in Suffolk County, Massachusetts.

 

Nothing in the Terms of Use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in any Contest on the App, you agree to indemnify, protect, defend and hold harmless FPL, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the "FPL Entities"), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the App and/or your participation in any Contest. The App may contain links to third party websites that are not owned or controlled by FlashPlays. FlashPlays has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FlashPlays will not and cannot censor or edit the content of any third-party site. By using the App, you expressly relieve FlashPlays from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the App and to read the terms and conditions and privacy policy of each other website that you visit.

 

Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and FlashPlays.

 

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.

 

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

 

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and FlashPlays’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

FlashPlays reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. If you continue to use the Services after we change the Terms of Use, you accept all changes. The failure of FlashPlays to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.

 

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.

 

 

WEBSITES

These Terms of Use shall also apply to the use of the FlashPlays Websites: flashplayslive.com, flashplays.live

 

 

FOR CONTENT PROVIDERS / OPTIMIZATION TOOLS

FlashPlays reserves the right to enforce its Terms of Use if FlashPlays, in its sole discretion, determines that the services provided by a content provider’s platform (including but not limited to websites, mobile applications, or social media accounts) is detrimental to the Company brand or brands, including, without limitation, in any manner that is disparaging or that otherwise portrays FlashPlays in a negative light, or has a negative impact on the integrity of FlashPlays; product or business operations.

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