You must read and agree to these terms and conditions to become an active member of PublicFlash.com.
Please read them carefully. For good and valuable consideration, the sufficiency of which is acknowledged by you and the Company, you hereby agree to become a subscriber to PublicFlash.com, and agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are you, the Subscriber, and PublicFlash.com. Subject to the terms and conditions set forth in this Agreement, the Company agrees to provide to you all the privileges of subscription to PublicFlash.com available to a Subscriber in good standing. This Agreement is subject to change by Company at any time, and changes are effective upon notice to the Subscriber by e-mail, posting at or via hyperlink to PublicFlash.com, or by mail.
All materials, including messages, and other communications, contained with in PublicFlash.com are intended for distribution exclusively to consenting adults in locations where the materials, messages and other communications contained within PublicFlash.com do not violate any community standards or any federal, state or local laws or regulations of the United States or any other country. No persons under the age of eighteen (18) years may directly or indirectly view or possess any of the content of PublicFlash.com, or place any order for goods and/or services advertised on PublicFlash.com. You herby acknowledge that the materials presented and/or downloadable from PublicFlash.com including explicit visual, audio, and/or textual depiction of nudity and heterosexual, bisexual, homosexual, and/or transsexual situations of sexual nature, are familiar to you, and that you not offended by such materials.
You hereby affirm and warrant that at this time you are over the age of eighteen years (18) and are lawfully entering into this agreement.
I acknowledge and agree that all materials contained at PublicFlash.com are proprietary and constitute valuable intellectual property. I acknowledge and agree that as such, I may only access, view, download, receive and otherwise use the materials available at PublicFlash.com only as authorized by the Company. I agree that I shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use. I hereby acknowledge and agree that no materials from any parts of PublicFlash.com are authorized, and no materials are intended, by the Company to be accessed, viewed, downloaded or used by, or transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas prohibited by law. I agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from PublicFlash.com, in which I am directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of materials in prohibited areas in any manner shall constitute intentional infringement(s) of PublicFlash.com and potentially other's intellectual property rights and other rights in such materials and shall further constitute a violation of PublicFlash.com trademark and other rights, including, but not limited to, rights of privacy.
I agree to be personally liable and fully indemnify PublicFlash.com for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from PublicFlash.com alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from PublicFlash.com including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
Some or all of the following fees and charges may be incurred by the Subscriber:
Subscriptions may not be assigned or transferred to any other person or entity. Subscriber must promptly inform Company of the following: changes in the expiration date of any credit card used in connection with PublicFlash.com; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Company is notified, by conventional mail, web site form, during normal business hours of a breach in security, the Subscriber will remain liable for any unauthorized use of PublicFlash.com. Upon request, Subscribers will be given access to billing records that support charges for use of the PublicFlash.com.
Payment for the services provided to you at and/or through PublicFlash.com may be made by automatic credit card or check debit or phone and you hereby authorize Company and its agents to transact such payments on your behalf. You agree not to report as lost or stolen any credit card, which you have used in conjunction with payment to PublicFlash.com, or as unauthorized any charge by PublicFlash.com, for any goods or services, including subscription, for which you do not have good reason to believe, is, in fact, lost, stolen or unauthorized. You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from PublicFlash.com or any fraudulent reporting of an unauthorized charge to PublicFlash.com on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to PublicFlash.com remains outstanding at the time of such fraudulent reporting, you shall be liable to PublicFlash.com for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach (es) of any other terms, conditions, promises and warranties set forth in this Agreement.
Subscription to PublicFlash.com may be terminated at any time, and without cause, by either Company or Subscriber upon notification of the other by electronic or conventional mail, or by telephone. You agree to be personally liable for all charges incurred by you during or through the use of PublicFlash.com. Your liability for such charges shall continue after termination of your membership for any reason.
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to PublicFlash.com. Access to and use of PublicFlash.com is through the use of a password. Each Subscriber must keep his password strictly confidential. For security reasons, PublicFlash.com will not release passwords. Unauthorized access to PublicFlash.com is a breach of this Agreement and a violation of law.
Subject to the terms and conditions set forth herein, PublicFlash.com hereby grants you a limited, non-exclusive and non-transferable license to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines, and other software associated with authorized Subscriber use of PublicFlash.com which Company provides ("Materials") during the period in which you are a current Subscriber in good standing. You may use the Materials only in accordance with the terms and conditions of your membership, only on one computer at a time and, if downloadable copies of the Materials are made available by PublicFlash.com, you may make only a single copy of such Materials for your personal use and enjoyment. You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices or labels on the Materials; and (6) making any other use of the Materials. This license does not grant you any rights to any software enhancements or updates of any kind.
Except for public domain material or material otherwise licensed to Company for electronic dissemination, all Materials displayed at or otherwise available through PublicFlash.com are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of PublicFlash.com, and all Materials and other matter used directly or indirectly in, at, by, through and/or with PublicFlash.com are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at PublicFlash.com shall at all times remain in Company, its parent(s), subsidiary (ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to you herein grants to you no rights to use such content except as set forth herein. This license will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a Subscriber in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, you will immediately destroy all copies of the Materials in your possession.
You agree that Materials and all other services provided to you by Company are provided on an "as is" basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by Company is borne by you. Should the Materials or any other service provided by Company prove defective and/or cause any damage to your computer or inconvenience to you, you, and not Company, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other subscribers, or their suppliers, licensees, resellers or subscribers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of Materials or other use of PublicFlash.com.
Company does not screen or endorse advertisements or communications submitted to PublicFlash.com by third-party licensees, advertisers, or subscribers for electronic dissemination through PublicFlash.com. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of PublicFlash.com prior to purchasing goods and/or services described at PublicFlash.com or otherwise responding to any communication at PublicFlash.com.
Any liability of Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of membership fee paid by or on behalf of the subscriber to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through PublicFlash.com.
No warranty is made by Company regarding any information, services, Materials or products provided through or in connection with the PublicFlash.com, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
All materials included at PublicFlash.com are for the private use by Subscribers only. No other uses are intended by the Company and any other use is strictly prohibited.
If the Company should at any time provide any service which enables Subscribers to communicate with or otherwise share information with other Subscribers or persons providing any kind or service to Subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using PublicFlash.com or other services provided to you by Company. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world is strictly prohibited and shall constitute a material breach of this Agreement entitling Company to immediately terminate all rights to access to PublicFlash.com. You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through PublicFlash.com even if a claim should arise after termination of service. If the Company provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other Subscribers who are authorized to access PublicFlash.com and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to Company directly or through PublicFlash.com can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).
Notices from PublicFlash.com to Subscribers may be given by means of e-mail, by general posting on PublicFlash.com, or by conventional mail. Communications from you to the Company may be made by e-mail, conventional mail or telephone. All questions, complaints, or notices to PublicFlash.com may be sent in the following manner: e-mail webmaster @ publicflash.com .
This Agreement contains the entire agreement between the Subscriber and Company regarding Subscribers' use of PublicFlash.com, Materials and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. This Agreement shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.