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Terms of Use Policy
AtFlash.com
1.0
General Information.
1.1
AtFlash.com is registered under the laws of the United
States of America and provides hit counters and web site statistic for
individuals and businesses throughout the U.S. and abroad. Individuals or businesses needing to contact
AtFlash.com may do so by e-mail to . Most e-mails will be received and processed
within 24 hours.
2.0
Membership Eligibility and Formation of Contract.
2.1
Services through AtFlash.com are available only to individuals
who agree to the terms and conditions set forth herein in the Terms of Use
Policy. Without limiting the foregoing,
our services are only available to individuals who provide true and accurate
data. AtFlash.com reserves the right to
terminate usage and membership to any individual who it finds has willfully and
knowingly provided inaccurate data to AtFlash.com.
2.2
Individuals using the services provided by AtFlash.com,
who are under the age of eighteen, and legally considered a minor, are
prohibited from using the services provided at AtFlash.com without the express
consent and authorization of a legal guardian.
Guardians of such minors hereby agree and accept full responsibility for
the online conduct of said minor including, but not limited to, controlling
and/or monitoring the minor’s access to the services provided by AtFlash.com,
and any consequences, legal or otherwise, that may arise from misuse of AtFlash.com
and it’s features by said minor.
Moreover, Guardian hereby holds AtFlash.com harmless from any adverse
claims or matters of any kind arising from a minor’s use of AtFlash.com in its
entirety.
2.3
AtFlash.com
reserves the right to refuse, suspend or cancel membership of any member at any
time in their absolute discretion.
2.4
Members and users of AtFlash.com are responsible for
maintaining the privacy of all data provided including, but not limited to,
personal information, username, password, etc.
2.5
AtFlash.com shall be held harmless for lost, stolen or
misused data of any kind.
2.6
AtFlash.com shall be held harmless from any and all
claims and liabilities for damages of any kind arising from the use of the
services provided.
2.7
AtFlash.com reserves its right to engage legal action
against and person, persons or business entity for any violations of the Terms
and Conditions set forth herein or misconduct or misuse of the AtFlash.com Site
and services as a whole.
2.8
In consideration of AtFlash.com agreeing to the
member’s use of the Site, the member agrees to comply with these Terms and
Conditions.
2.9
SPAM is strictly prohibited and will be cause for
immediate termination of member’s access to use the services provided on
AtFlash.com.
2.10
AtFlash.com prohibits the use of pornographic, illegal,
racist and otherwise potentially offensive materials and accepts no liability
with respect to any action taken or expressed by any member.
2.11
All code, Site content and graphics are the property of
AtFlash.com and subject to applicable copyright protection. Code provided by AtFlash.com for use by members must not be altered and can only be used for the
specific purpose intended.
2.12
Misuse of any of AtFlash.com resources, such as
bandwidth, and SPAM is strictly prohibited and will be subject to termination
of usage and potential legal action.
2.13
AtFlash.com reserves the right to alter, change, amend
or discontinue any or all services offered on the Site, at any time, without
notice.
3.0
The Site.
3.1
AtFlash.com reserves the right to change the content,
presentation, performance, user facilities and availability of any part of the
Site at its sole discretion and without notice.
3.2
AtFlash.com makes no warranty as to the continuous
availability of the Site, but shall use reasonable resources and effort to keep
downtime to a minimum.
3.3
AtFlash.com makes no warranty that content logged from
members will be free of pornographic, racist, illegal, or otherwise
questionable and potentially offensive materials and AtFlash.com does not
endorse or approve such content.
3.4
AtFlash.com makes no warranty, representations, or
undertakings about the content of any member’s content or to the extent of any
damages, loss of data or problems arising from the use of the Site.
4.0
Release.
4.1 In the event that a dispute or issue
arises between one or more of the members, AtFlash.com and its affiliates,
employees, and agents, shall be held harmless from claims, demands, damages
(actual and consequential) of any kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such dispute.
5.0
Information
Control.
5.1
AtFlash.com does not control the information provided
by members, and in the event that a user of the Site finds another member’s
information to be offensive, harmful, inaccurate, or deceptive, contact AtFlash.com via email at . There are also risks
in dealing with underage persons or people acting under false pretenses and
users are encouraged to use caution and discretion when dealing with unknown
individuals. Under no circumstance shall
AtFlash.com be liable for direct, indirect, or incidental damages resulting
from use of the Site including information posted, commentary, advice, or other
content on the Site. Users of the Site
herein agree to indemnify AtFlash.com against any actions, claims, proceedings,
or liabilities arising from your use of the content of the Site.
6.0
Site Access
and Interference.
6.1
Users agree to not use any robot, spider, or other
automatic devise, or manual process to monitor or copy AtFlash.com’s website or
its content.
6.2
Users agree to not use any device, software or routine
to interfere or attempt to interfere with the proper functioning of the Site.
6.3
Users agree to not impose an unreasonable or
disproportionately large load on the Site’s infrastructure.
7.0
No Warranty.
7.1 The Site including, without limitation,
its contents, functionality, performance and features are provided on an “as
available basis” at the member’s sole risk and without representations or
warranties of any kind and to the full extent permitted by law. AtFlash.com makes no warranty as to the
satisfactory quality or access or that use will be uninterrupted or error free.
8.0
Notices.
8.1 All notices required to be served on
AtFlash.com shall be e-mailed .
9.0
Arbitration.
9.1 Any controversy or claim arising out of
or relating to the Terms and Conditions set forth in this Terms and Use Policy
shall be settled by an arbitration tribunal designated by AtFlash.com. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party.
The arbitration shall be conducted in governing jurisdiction within the
state of Texas and judgment on
the arbitration award may be entered into any court having jurisdiction
thereof.
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