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Copyrights
Except for public domain information, all materials on PublicFlash are protected by Federal Copyright law, and are covered under treaty provisions and worldwide copyright laws. Materials contained in any part of PublicFlash may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the express written permission of PublicFlash. Except as expressly stated in the Limited License provision in these Terms of Use and Conditions Agreement, PublicFlash does not grant any express or implied right to you under any of its trademarks, service marks or copyrights.

Trademarks
"PublicFlash," is service mark and trademark of the 393Media Group, Inc. and may not be used without the express written permission from 393Media Group. Other trademarks and service marks featured on PublicFlash are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.

Limited License
PublicFlash provides the materials on this site for personal and non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of PublicFlash. Users of PublicFlash are granted a single copy license to download (on a single computer only), or print one copy of any of the information made available for downloading found on this site for personal, non-commercial use only. PublicFlash reserves the right to limit the amount of materials downloaded. Commercial use of PublicFlash, or any material located on it, is STRICTLY PROHIBITED. In addition, users of PublicFlash MAY NOT: (i) modify any of the materials found in any area of PublicFlash; (ii) use any of the materials found in any area of PublicFlash for any public display, performance, sale or rental; (iii) remove, modify or alter any copyright, trademarks or other proprietary notice from any of the materials found in any area of PublicFlash; (iv) otherwise transfer any material located in any area of PublicFlash to any other person or entity. PublicFlash reserves the right to terminate this license at any time if you breach or violate any provision of this Terms of Use and Conditions Agreement, in which case violators will be obligated to immediately destroy any information or materials they have downloaded, printed or otherwise copied from this site. PublicFlash reserves all other rights coincident or related to this site.

Acceptable Use
A portion of this site is maintained for "chat" entertainment purposes only. Although PublicFlash is unable to control third party content on this site, it is PublicFlash policy to prohibit visitors from posting infringing, defamatory, libelous or otherwise unlawful material. All third parties agree not to post such information and agree to indemnify PublicFlash and its representatives for any claims or suits arising from their use of this site. PublicFlash reserves the right to monitor and delete any postings deemed inconsistent with the policy described above. If you are aware of any such material posted on this site, please contact us at webmaster @ publicflash.com. Please provide as much detail as possible, including a copy of the offending or infringing information or material, the location where we may find the offending or infringing information or material, the reasons(s) such postings should be removed as well as a statement, signed under penalty of perjury, certifying the accuracy of the information provided to us. PublicFlash and its representatives will do their best to monitor content online, but in absolutely no event do we assume any particular obligation to do so nor liability for failure to remove specific content. Abusive download activity, particularly through the use of automated download managers and schedulers is strictly prohibited. Use of these programs, including, but not limited to Go!Zilla, Net Vampire, Get Right, Mass Downloader and Netzip Download Demon, can result in summary termination of membership.

Disclaimers
The materials on PublicFlash are provided as is, without express or implied warranty of any kind, including warranty of merchantability. PublicFlash offers no assurances of uninterrupted or error-free service. PublicFlash does not warrant the accuracy or completeness of the material, text, graphics, links or any other items contained on this Web site. PublicFlash may, at any time, and at its discretion change any of the material found on this site without notice. PublicFlash makes no commitment to update the information stored on this Web site. Under no circumstances shall PublicFlash be liable for any damages, be it consequential, incidental or punitive, arising from the use or the inability to use the material available on this web site.

Non-private Communications
PublicFlash does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to PublicFlash shall be deemed to be readily accessible to, and by, the general public. Visitors should not use PublicFlash to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Please be informed that all communication or general information entered on this web site can and may be read by the operators of this service, regardless of whether or not the operators are the intended recipients of such material.

Links to This Site
You may not establish a hypertext "link" to this site. You MAY NOT distribute, modify or re-use the text or graphics of this site without express written permission from PublicFlash.

Links to Third Party Sites
This site contains links to sites controlled by third parties. Those linked sites are not under the control of PublicFlash, and PublicFlash is not responsible for the contents of any linked site or any link contained in a link site. PublicFlash is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement of any linked site by PublicFlash.

Jurisdiction and Venue
PublicFlash is controlled and operated by 393Media Group, LLC and its representatives from their offices in San Carlos, California , USA . They make no representation that the materials available on this site are appropriate for use in other locations. Access to materials on this site from jurisdictions where their contents are illegal is prohibited. The provisions of this Terms of Use and Conditions Agreement are to be governed and construed by California law. In the event of a dispute arising out of, or relating to, this Terms of Use and Conditions Agreement, or your use of or access to this site, litigation must be brought in State or Federal Court in the City of San Francisco, CA, USA.

Legal Records
All persons who appear in any visual depiction contained in PublicFlash were eighteen years of age or older at the time of the creation of such depictions. The records required by Section 2257 of Title 18 of the United States Code with respect to visual depictions of actual sexually explicit conduct are kept by the custodian of records, 393Media Group, 200 Inudstrial Road, Suite 110, San Carlos, CA 94070 USA. Visual depictions of actual sexually explicit conduct made before July 3, 1995, are exempt from the requirements set forth in 18 U.S.C. § 2257 and 28 C.F.R. 75.

Membership Fee and Other Notifications
All membership fees to PublicFlash and its affiliates are generally recurring until subscription cancellation. The subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. Unless and until this agreement is cancelled in accordance with the terms hereof, the member hereby authorizes PublicFlash to charge the member's credit card (or other approved facility) to pay for the ongoing cost of membership. The member hereby further authorizes PublicFlash to charge the member's credit card (or other approved facility) for any and all purchases of products, services and entertainment provided by PublicFlash. Membership may not be assigned or transferred to any other person or entity. The member must promptly inform PublicFlash of breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until PublicFlash is notified, by e-mail, or by telephone of a breach in security, the member will remain liable for any unauthorized use of the service. To avoid re-bills, please convey cancellation requests 36 hours prior to re-bill. Either PublicFlash or the member, upon notification of the other by electronic or conventional mail, or by telephone, may terminate at any time, and without cause, membership to PublicFlash. Members are liable for charges incurred by them until termination of service. This Terms of Use and Conditions Agreement contains the entire agreement between the member and PublicFlash regarding the use of this service, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by PublicFlash to members. Unless otherwise explicitly stated, the provisions of this Terms of Use and Conditions Agreement shall survive its terminations.

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