Terms of Service

Last Update: Feb 24, 2024
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ACCEPTANCE
‍These Terms of Use (the “Terms”) govern your visits to Flash Social mobile application (the “Platform”).  FLASH SOCIAL LLC (“we,” “us,” or “our”) owns and operates this Platform.  The term "you" refers to any user of the Platform.These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot visit the Platform if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Platform after said date, that constitutes your agreement to the updates.
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CREATING AN ACCOUNT
 By accepting the Terms within the Platform, the user submits an offer to enter into a contract for the use of the Platform (the "Contract"). We accept this offer from the user by providing the Platform access to the user. However, we are not obligated to enter into a respective Contract with a user. Only users who are at least 16 years of age may register for and use the Platform. You will be asked to verify your age during the registration process within the Platform. If you are under 16, you are not permitted to use the Platform. Additionally, the use of the Platform is allowed only (i) for users who are consumers, and (ii) for non-commercial purposes. The use of the Platform is free of charge for you.

VENUE DISCLAIMERS
‍3.1.Description. Flash Social is an American invitation-only social app that focuses on comfortable communication. The platform features two main communities for user engagement: global and friends. The global community showcases posts from all other communities, while the friends community comprises posts from users you follow. Users can like, share, comment, and post their own posts, known as a "flash". Registration is required to access the platform. Please refer to our Privacy Policy for details on how your personal information is managed. 3.2.Neutral Venue. OUR PLATFORM IS A NEUTRAL VENUE AND OUR ROLE IS LIMITED TO PROVIDING TECHNOLOGY THAT CONNECTS USERS TO EACH OTHER. WE SHALL NOT BE HELD LIABLE FOR USERS’ DATA, TRANSACTIONS, INTERACTIONS AND INFORMATION.  We are not liable for the consequences of you disclosing your personal information to others. 3.3.Availability and System Failure. We make every effort to ensure that our Platform is available as much as technically possible and economically feasible. However, we do not guarantee continuous availability. Usage may be temporarily restricted due to capacity limitations, security concerns, system integrity, or for technical maintenance purposes in order to deliver proper and/or improved services. In such instances, we will take into account the legitimate interests of our users, for example, by providing advance notice when possible. 3.4.Affiliate Links. Our users may choose to promote affiliate links on their own profiles. Please note that we are not responsible for the content of these affiliate links or any consequences resulting from their use. It is the sole responsibility of users who share affiliate links to ensure compliance with any applicable laws, regulations, and guidelines, such as proper disclosure in accordance with the relevant regulatory requirements. By using our Platform, you acknowledge and agree that we are not liable for any issues that may arise from the promotion, sharing, or use of affiliate links by our users, and that compliance with affiliate disclosure requirements is the responsibility of the users sharing these links. 3.5.Interactive Features. This Platform includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Platform’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation. 3.6.Mobile Features. Our Platform offers specific features accessible through mobile devices, including (i) the ability to upload content to the Platform, (ii) browsing the Platform, (iii) accessing certain functionalities via an application installed on a mobile device (collectively, the "Mobile Features"), and (iv) receiving SMS text messages. When accessing the Platform through a mobile device, standard charges, data rates, and other fees from your wireless service carrier may apply. Furthermore, certain Mobile Features may be restricted or prohibited by your carrier, and not all Mobile Features may be compatible with all carriers or devices. 3.7.DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS. 3.8.Third Parties. The Platform contains references to third party websites and rely on third party services for support. We shall not be liable for any third party venues, professionals and cannot guarantee their performance. We do not monitor all content submitted to the Platform. We shall not be liable for user submissions or any third party content on the Platform.
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INTELLECTUAL PROPERTY
4.1.Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Platform you do not acquire any of our IP rights. Nevertheless, you can view and print out this Platform’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.  Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform. Except as expressly permitted in this Agreement, you may not: copy, modify or create derivative works based on the Platform or its content; distribute, transfer, sublicense, lease, lend or rent the Platform or content to any third party;reverse engineer, decompile or disassemble the Platform or content; or make the functionality of the Platform available to multiple users through any means. 4.2.Your Submissions. We do not claim ownership rights over your content. What’s yours remains yours. However, if you post content on or through the Platform, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such “User Generated Content” on the Platform and on any other marketing material we may create. We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Platform at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. 4.3.Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Platform and we will investigate.  In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to help@flashsocial.app. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
Identify the copyrighted work that you claim has been infringed.Identify the material or link you claim is infringing. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.Include both of the following statements in the body of your report:“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”“I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”Provide your full legal name and your electronic or physical signature.
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ACCEPTABLE USE POLICY
‍By visiting this Platform, you represent and agree that: 5.1.You have a full capacity to enter into a legally binding agreement, such as these Terms. 5.2.You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed. 5.3.User Responsibility for Content. You are responsible for the posts created by you or via your device. We cannot guarantee the accuracy or truthfulness of all third party content. In general, we do not proactively verify whether the content posted by a user is (i) true and accurate, and/or (ii) in compliance with applicable laws.5.4.Device and Account Security. To prevent unauthorized access to your device and/or your account by third parties (e.g., through malware), you must take all reasonable safety measures. 5.5.Reporting Security Vulnerabilities and Violations. If you become aware of any security vulnerabilities related to the Services or any material violations of these Terms by other users, we would appreciate your notification to our support team. 5.6.If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful. 5.7.You will not use our Platform in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone's private information without consent, pyramid schemes, multilevel-marketing, "get rich quick" offerings, encouragement of violence. 5.8.You will ask for our permission before copying anything from our Platform for republication. 5.9.You will not use our Platform for anything illegal. 10. We reserve the right to terminate any account or alter any usernames using our sole reasonable discretion and without notice or liability. 5.11. Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform. 5.12. You will not impede the proper functioning of the Platform.
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CONFIDENTIALITY
‍You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
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BREACH OF THESE TERMS
‍If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
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DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
8.1.EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS PLATFORM.  WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.  8.2.WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU 8.3.You hereby understand and agree that for any dissatisfaction with the Platform your sole and exclusive remedy is to cease using the Platform. 
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INDEMNIFICATION
‍You agree to defend, indemnify and hold harmless us, our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
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APPLE APP STORE
‍By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:Apple is not a party to these Terms. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
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ARBITRATION
12.1.Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 12.2.The arbitration shall be governed by the laws of the State of Delaware. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
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GENERAL
13.1.Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form. By allowing us access to your e-mail address, you agree that we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements,” and you are not able to opt-out of receiving them. You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails. 13.2.Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement. 13.3.Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments. 13.4.Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.  13.5.Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.13.6.Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable. 13.7.Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.13.8.Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us. 13.9.Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
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INQUIRIES
‍Please address your questions and feedback to help@flashsocial.app