Terms of Use

These Terms of Service (the "Agreement" or "Terms") contain the terms and conditions under which you may make use of the FlashFeed App and the Site at https://www.flashfeed.news and/or the services that we make available to you. These terms constitute a legal agreement between you ("you" or "user") and FlashFeed, which operates the FlashFeed Services, hereinafter referred to as "FlashFeed," "we" or "us"), and they govern your access and use of the website, content, products, and services (the "Services" "App"), made available to you.

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These Terms, together with the privacy policy available at ("Privacy Policy"), limited warranty available at ("Limited Warranty"), and other additional agreements referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement."

Please, read these Terms and any additional terms applicable to your use of the Services before using it. By accessing or using the Services either as a registered user or not, you confirm your agreement to be bound by these Terms. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.

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IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, ARBITRATION, AND CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS.

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PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

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Changes to the Terms

We may modify these Terms at any time, at our sole discretion, as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the App or through other communications, such as the email address registered in your account. You must review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the App, you are indicating to us that you agree to be bound by the modified Terms.

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If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

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Eligibility, Account Registration, and Security

Although creating a user account is not compulsory, if you wish to save your preferences to your device, you may be required to create and maintain a user account ("Account"). To create an account, you will be required to choose a username and specify a password.

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By using the App and creating an account, you warrant and represent that you are 18 years old or up to the legal age in your jurisdiction. You are expected to provide us with accurate and complete registration information such as your email address. You will also keep your registration information accurate and up-to-date.

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You agree that you shall not impersonate or misrepresent your identity with any person or entity, including by using another person's login, password, or other account information, without authorization from such person or entity.

You are solely responsible for maintaining the privacy of your password and account, and you are solely responsible for all activity conducted via your account by you or by anyone who uses it. You agree to keep your password secure at all times. You must notify us immediately if you believe that your account password has been compromised.

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We will not be responsible to you or any other party for any loss arising from the unauthorized use of your account, whether with or without your knowledge. You also agree to indemnify and hold us harmless for any losses incurred by us or any other party as a result of someone else making use of your account as a result of your failure to safeguard your account.

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Intellectual property, copyrights, and trademarks

Intellectual property: All the content included on the FlashFeed Services, including, but not limited to, images, illustrations, text, scripts, graphics, audio clips, video clips, and other interactive features made available to you on the service, logos, trademarks, and service marks contained herein, are owned by FlashFeed or its licensors. Other service marks, logos, and names on this Service are the property of their respective owners.

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Any use of the Service or the contents made available to you through the Service other than as specifically authorized herein, without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes.

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Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by FlashFeed at any time without notice and with or without cause. Despite the foregoing, we make no claim to the trademarks, copyrights, patents, or other intellectual property contained in certain third-party features, which are entirely the property of its owner, assignees, and licensees.

Permitted use: Subject to the terms and conditions of this Agreement, the software and services provided in connection with the Service is solely for your own personal use, and not for the use or benefit of any third party. Unless otherwise expressly authorized herein or in the Service, you agree not to display, publish, copy, modify, create derivatives from, upload, transfer, use, distribute, license, sell, or resell for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

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FlashFeed may change, discontinue or suspend the Service, including the availability of any feature, content, or database, at any time, with or without notice. FlashFeed may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

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You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the software's source code unless laws prohibit these restrictions or you have our written permission to do so. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Service. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third-party right.

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Third-party Distribution Channels

FlashFeed's App is currently available through the Apple AppStore and Google Play and may be made available through other distribution channels in the future. If you obtain FlashFeed's App through such a distribution channel, you may be subject to additional terms of the distribution channel. These Terms of Service are only between you and us, not with the distribution channel.

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To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.

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This paragraph applies to any App that you acquire from the Apple AppStore or Google Play (each an "App Provider" ):

• You and FlashFeed acknowledge that these Terms and Conditions are concluded between FlashFeed and you only and not with the App Provider. As between FlashFeed and the App Provider, FlashFeed, not the App Provider, is solely responsible for the App and the content thereof.

• You may not use the App in any manner that violates or is inconsistent with the Usage Rules set forth for the App in, or otherwise be in conflict with, the App Provider Terms of Service. 

• The App Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

• In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between FlashFeed and the App Provider, FlashFeed's sole responsibility, to the extent it cannot be disclaimed under applicable law.

• You and FlashFeed acknowledge that FlashFeed, not the App Provider, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

• In the event of any third party claim that the App or the end-users possession and use of that App infringes that third party's intellectual property rights, as between FlashFeed and Apple, FlashFeed, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 

• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

• If you have any questions, complaints, or claims with respect to the App, you should direct them to FlashFeed as follows: email info@flashfeed.news.

 

Content owned by FlashFeed

You agree that all content and materials (including audio, video, text, data, code, software, pictures, graphics, sound, music, or other materials, collectively, "Content") delivered via the Service or otherwise made available by FlashFeed via the App are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by FlashFeed in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.

However, as a user of the FlashFeed Service, you may print or download a reasonable number of copies of the materials or content for your own informational purposes, provided that you retain all copyright and other proprietary notices as described in the "Intellectual Property" clause. Reproducing, copying, or distributing any content, materials, or design elements on the Service for any other purpose is strictly prohibited without the express prior written permission of FlashFeed. The foregoing does not apply to your own User Content that you legally uploaded to the Service.

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Feedback, your content, and submissions

The FlashFeed Services may permit you to add and share certain content such as posts, photos, links, text, questions, and other files and information about the FlashFeed services and/or your use of the Services ("Content"), to share with other users of the FlashFeed Service. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.

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FlashFeed cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk, and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.

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In order to protect the integrity of the FlashFeed Services and protect our users from abuse, FlashFeed reserves the right (but is under no obligation) to remove posted content or information that, in FlashFeed'ss sole judgment, violates these Terms or negatively affects our App, diminishes the integrity of the FlashFeed Services, system or otherwise is inconsistent with the business interests of FlashFeed.

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You shall be solely responsible for all and the consequences of sharing, posting or publishing any content on the FlashFeed Service. You agree that we have no liability with respect to any of your content, and you hereby irrevocably release us and our officers and directors, employees, agents, representatives, and affiliates from any and all liability arising out of or relating to your content or any part thereof.

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By submitting your content to FlashFeed, or displaying, publishing, or otherwise posting any content on or through the FlashFeed Service, you hereby grant FlashFeed a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to reproduce, distribute, modify (such as by editing or otherwise creating derivatives), display your content in accordance with the terms of this Agreement. You agree not to contest any modifications made by FlashFeed and hereby waive any claims with respect thereto. For clarity, the foregoing license grant to FlashFeed does not affect your ownership or license rights in the content made available on the Service, including the right to grant additional licenses to the content in any of your submitted content.

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In connection with your content made available on the FlashFeed Service, you affirm, represent, and warrant that:

• you own or have the necessary rights, licenses, consents, and permissions to use and authorize FlashFeed to use such content and to enable inclusion and use of such content in the manner contemplated by the Service and this Terms;

• you have the written consent, release, and/or permission of every identifiable individual in your content to use the name or likeness of every such identifiable individual to enable inclusion and use of the content in the manner contemplated by the Service and the Terms herein; and

• the posting of your content on or through the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any individual or entity. You agree to pay all royalties, fees, and other monies owing to any individual or entity by reason of any content posted by you to or through the Service.

• Such content does not in any way, create a risk of loss, harm, mental or physical injury, disability, emotional distress, mental illness or death to you or to any other entity.

• Such content does not include information that you know for a fact is incorrect and misleading.

 

You are solely responsible for all content that you upload, post, publish, display or email via the Service. FlashFeed does not endorse any User Content, submission, opinion, recommendation, or advice expressed therein, and FlashFeed expressly disclaims all responsibility or liability in connection with User Content Submission(s). You acknowledge the internet's global nature and agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

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Again, you acknowledge that FlashFeed does not pre-screen Content and agree that FlashFeed has the right to, in its sole discretion, remove any User Content at any time (with or without notice).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service, provided by you to FlashFeed are non-confidential and FlashFeed can unrestrictedly use and disseminate them for any purpose, commercial or other, without acknowledgment or compensation to you.

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Obscene and offensive content

We are not responsible for any obscene or offensive content that you receive or view from others while using our Service. However, if you receive or view such content, please contact us by email at info@flashfeed.news so we can investigate the issue. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our Service.

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User representation and acceptable use

You hereby represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

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Although we are committed to providing a safe user experience, we do not guarantee that the App, or any content in it, will be safe, error-free, or uninterrupted or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended, or restricted, including because of a fault, error or unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.

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You agree, undertake and confirm that your use of the App shall be strictly in accordance with the following binding guidelines:

• You shall not host, display, upload, modify, publish, transmit, update, or share information which:

• is in violation of local, state, or federal laws and regulations.

• belongs to another person and to which you do not have any right to make use of or promote an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;

• is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,

• is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

• Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;

• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);

• tries to gain unauthorized access or exceeds the scope of authorized access to the Service or to profiles, blogs, communities, account information, bulletins, or other areas of the Service or solicits passcodes or personal identifying information from other users for commercial or unlawful purposes.

• interferes with another user's use and enjoyment of the Service or any other individual's user and enjoyment of similar services;

• refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Service or contains content that would be prohibited or violates the letter or spirit of these Terms.

• You shall not use any "deep-link," "page-scrape," "robot," "spider," or other automatic devices, program, algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.

• You shall not abuse any discounts, coupons, or promotions by harvesting or farming discounts or coupons.

• You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Services or to any server, computer, network, or any of the services offered on or through the Service, by hacking, password "mining" or any other illegitimate means.

• You shall not attempt to encourage, permit, or allow other users of the Service to do anything that is prohibited or anything that violates the terms of this agreement.

• You shall not use the Service for fraudulent or illegal purposes or in connection with a criminal offense or any unlawful activity.

• You shall not probe, scan or test the vulnerability of the Service or any network connected to the service nor breach the security or authentication measures on the service or any network connected to the Service. You may not reverse look-up, trace or seek to trace any information on any other user to Services, or any other customer, including any account on the Services not owned by you, to its source, or exploit the Services or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by FlashFeed.

• You shall not attempt to obtain another user's account username, password, or other security information.

• You shall not conceal your true IP address or otherwise misrepresent or impersonate your identity.

• You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service, any transaction being conducted on the Services, or any other person's use of the Services.

• You shall not use our Services for any other purpose that is other than what is intended by FlashFeed as described herein.

 

App and App updates

For the App, you are authorized by FlashFeed to download via the Service. FlashFeed grants you a personal, non-transferable, non-sublicensable, nonexclusive license to use such software solely for the user's personal, non-commercial use, and only in accordance with these Terms provided herein.

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The App may communicate with the FlashFeed servers to deliver the functionality and certain features to the App in order to keep the App running smoothly. We may from time to time develop and deliver patches, bug fixes, updates, upgrades and other modifications to improve or otherwise modify the performance of the App and related services ("Updates").

These Updates may be installed on the software distribution app of the App Providers by providing additional notice.

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Communication services and fees

While your access and use of the App are free, when you use the FlashFeed Service, you understand that you are responsible for all internet fees, carrier data plans, and other associated fees. In particular, the Service includes services available via a mobile device, including via an application downloaded and installed on a mobile device and the upload and download of content via the mobile device. Standard charges, data rates, and other charges from your wireless service provider may apply. You agree that we may communicate with you about FlashFeed and the Service by SMS, MMS, text message or other electronic means on your mobile device and that certain information about your use of the mobile services may be communicated to us.

 

Privacy

When accessing and/or using the site and the Services we offer, we may obtain certain information about you, or you may be required to provide certain information to us. All uses of your information will be treated in accordance with our Privacy Policy which herein forms an integral part of these Terms. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

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Third-Party content, resources and advertisement services

Third-party links: The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the App; ("Third-Party Content"). These other websites are not under our control, and you acknowledge that we are not liable or responsible for the content, accuracy, functions, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by FlashFeed.

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Advertisement services: The App may include advertisements, which may be targeted to information or content on the FlashFeed Services, queries made through the App, or other information, in an effort to make the advertisements relevant to you. The types and extent of advertising by FlashFeed are subject to change, and in consideration of FlashFeed granting you access to and use of the App, you agree that we and our third-party providers and partners may place such advertising on the FlashFeed Services.

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However, you understand that FlashFeed is not responsible for any transmission sent or received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement by us of the site. Your use of any linked site is at your own risk and is subject to the terms of use and privacy policies located on such site.

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You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.

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Copyright and infringement notification

We respect the intellectual property of others and ask its users of the App to do the same. Our Service may not be used to transmit, retransmit, distribute, post, or store any material that violates any person's rights, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.

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We have established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on any of our Services in a way that constitutes copyright infringement, please notify us.

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 In order to be valid, the notification must be in writing and must contain the following information:

• a description of the copyrighted content or other intellectual property that you claim has been infringed;

• a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;

• a detailed description of where this content or intellectual property is located on the Service, in order for us to find it;

• your address, telephone number, and email address;

• a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.

 

Please note that (i) any person who knowingly misrepresents to us that material is infringing shall be liable to us and/or the alleged infringer for any damages (including costs and attorneys' fees) suffered or incurred by us and/or the alleged infringer as a result of our reliance on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to us that the material was removed or access blocked by mistake or misidentification shall be liable to us and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys' fees) suffered or incurred by us and/or the copyright owner or its authorized licensee as a result of our reliance on such misrepresentation and replacing such removed or blocked material.

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Warranty Disclaimer

THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE APP, THE SITE, CONTENT, AND MATERIALS) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

FLASHFEED MAKES NO PROMISE OR WARRANTY THAT (I) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE RESULTS OF USING THE SERVICE (OR ANY USER SUBMISSION(S)) WILL MEET THE USER'S REQUIREMENTS; (III) THAT THE CONDUCT OR QUALITY OF ANY THIRD-PARTY CONTENT ACCESSED THROUGH THE FLASHFEED SERVICE WILL BE SUITABLE. YOUR USE OF THE FLASHFEED SERVICE IS SOLELY AT YOUR OWN RISK.

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Limitation of Liability

YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLASHFEED WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY.

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INFORMATION MADE AVAILABLE TO YOU VIA THE SERVICES SHOULD NOT NECESSARILY BE RELIED UPON. WE DO NOT GUARANTEE THE ACCURACY, EFFICACY, OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.

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IN NO EVENT SHALL FLASHFEED OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FLASHFEED SERVICES, PRODUCTS OR CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CALM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

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IN ADDITION, FLASHFEED SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM THE USER'S ACCESS OR INABILITY TO ACCESS OR OTHERWISE USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES).

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IN NO EVENT WILL FLASHFEED'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO FLASHFEED FOR THE USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FLASHFEED, AS APPLICABLE. THE EXCLUSION AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLASHFEED AND YOU.

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YOU AGREE THAT IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SERVICE.

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Indemnification

You agree that as a condition of use of the Services, you will indemnify, defend, and hold harmless FlashFeed, its officers, directors, employees, agents, licensors and suppliers (collectively, the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Services or any product, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.

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Termination

We may terminate user's access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to you (provided that, if we determine there may be an immediate threat to us, we may terminate such access without notice). You may also terminate your use of the Services and cancel your Account at any time.

Upon termination notice from us, the user will (i) no longer access (or attempt to access) the Service and (ii) delete all software (and copies thereof) provided in connection with the Service. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

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Choice of law and jurisdiction

These Terms and your use of the service are governed by and construed in accordance with the laws of the State of Virginia, U.S.A., applicable to agreements made and to be entirely performed within the State of Virginia, without regard to its conflict of law principles.

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Dispute resolution; arbitration

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Agreement to Binding Arbitration

You and FlashFeed agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, "Disputes") will be settled by binding arbitration in the event where informal negotiation did not work, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action").

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Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide FlashFeed with written notice of your desire to do so by email at info@flashfeed.news within thirty (30) days following the date you first agree to these Terms (such notice, an "Arbitration Opt-out Notice"). If you don't provide FlashFeed with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.

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All claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties' relationship with each other, and/or your use of FlashFeed's Services will be finally settled by binding arbitration administered by AAA, in accordance with the AAA Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties will select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online in lieu of appearing live. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity.

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Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

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Arbitrator's Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms will be subject to the Federal Arbitration Act.

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Class action and class arbitration waiver

You and FlashFeed agree to the fullest extent permitted by applicable law, that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

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Changes

Notwithstanding the provisions as regards how we can make changes to these Terms if FlashFeed changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@flashfeed.news) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of FlashFeed's email to you notifying you of such change. By rejecting any change, you agree that you will arbitrate any Dispute between you and FlashFeed in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

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General provisions
 

Severability

If any provision of these Terms is determined by a court to be invalid, void or unenforceable, the Parties agree that the remaining provisions of this Agreement will not be affected thereby and that this Agreement will, in any event, otherwise remain valid and enforceable.

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Survival

After this Agreement terminates, the terms of this Agreement and the other Terms that expressly or by their nature contemplate performance, after this Agreement terminates or expires, will survive and continue in full force and effect. For example, the provisions requiring arbitration, protecting intellectual property, indemnification, and setting forth limitations of liability each contemplates performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms, the termination of this Agreement for any reason will not release you or FlashFeed from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

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Waiver

No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce any of the provisions of this Agreement at any time will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that well will pursue legal actions against all breaches of this Agreement.

 

Assignment
You may not assign these Terms, or any of its rights or obligations hereunder, without our prior written consent in the form of a written instrument signed by a duly authorized representative of FlashFeed. We may assign these Terms without your consent. Subject to the foregoing restrictions, the Terms herein are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

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Entire Agreement

These Terms, with other policies presented to you, constitute the entire agreement between you and us with respect to the Services and its use and supersedes all prior agreements, proposals, communications between the parties, and understandings, whether oral or written.

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Questions or Complaints?

Feedback, comments, requests for technical support, and other communications relating to the App and the Services should be directed to us. Please contact us at info@flashfeed.news.