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Terms of Service

Edition: 18 Sep 2021г.

"FlashCross" - private entrepreneur Volchkov Yuri Ivanovich (tax id 2810714459), an individual who is the copyright holder of the Site and Applications.

"Player" - an individual who registered on the Site in accordance with the terms of this Agreement.

"Nickname" - publicly visible Player's id.

"Team" - several Players jointly participating in the Game.

"Author" - a player who has the rights to create and conduct Games using the Site and Applications.

"Site" - a resource located on the Internet at flashcross.game, through which information about the services provided is displayed. The site provides the Player with the opportunity to get acquainted with the Games, subscribe and pay for participation in the Game, get acquainted with statistics, etc.

"Applications" - mobile applications with which the User can take part in the Games as a Player or an Author.

"Game" - an entertaining game event that takes place in a given location at a given time in accordance with a scenario and conditions determined by the Author, which include requirements and rules, including restrictions on the age, composition and number of participants in the Game (no more and no less than indicated on the Site the permissible number of participants), restrictions on their health and physical condition (in terms of the inadmissibility of the participants of the Game of states of alcohol or drug intoxication or diseases that prevent participation in the Game), etc., depending on the conditions of a particular Game.

"Account" - a combination of email (or nickname) and a password for accessing the Player's personal page within the Site, which allows access to the services of the Site and Applications.

"Personal data" - any information relating directly or indirectly to a specific or identifiable individual (subject of personal data).

"Services" - the conjunction of the Site and FlashCross Applications.

1 Terms

By using the Services, you agree to these Terms. If you do not agree with these Terms, you are not entitled to use the Services. FlashCross may change these Terms at any time, and if we do, we will notify you by posting a new version of the Terms on the Site and / or Applications. It is important that you read any revised Terms of Service before continuing to use the Services. If you continue to use the Services, you will be bound by the revised Terms of Service. If you do not agree with the changed Terms, you cannot use the Services.

If you violate these Terms, we will retaliate against you, including, but not limited to, terminating your Account. You acknowledge that FlashCross will not reimburse you for your use of the Services, access to which is provided as a result of the suspension or cancellation of your account.

2 Privacy

Our Services are designed so that you can take part in the Games or be their Authors. To ensure the operation of the Services, we need information about you, which we will use only if there is a legal basis for this. Please review our Privacy Policy to understand what information we collect, how we use it, and what choices you have when using our Services.

3 Use of the Services

3.1 Cheating

FlashCross prohibits cheating, and we constantly take steps to improve our anti-cheat measures. Cheating includes any action that attempts to or actually alters or interferes with the normal behavior or rules of a Service. Cheating includes, but is not limited to, any of the following behavior, on your own behalf or on behalf of others:

  1. Accessing Services in an unauthorized manner (including using modified or unofficial third party software);
  2. The use of not real objects, but their images;
  3. Damage or destruction of objects participating in the Game;
  4. Division of the Team at a distance, if prohibited by the Authors;
  5. Using any techniques to alter or falsify a device’s location (for example through GPS spoofing); and/or

If FlashCross detects (or has good reason to suspect) that cheating actions are being carried out from some device, the Player's Account may be blocked and FlashCross will not provide support to Players found to be attempting to cheat. You agree that FlashCross may use any legal mechanisms to detect cheating, fraud and other actions prohibited by these Terms, and to take retaliatory actions if such facts are found, including checking your device for exploitation of vulnerabilities (programs-exploits ) or hacker and / or other unauthorized programs. For more information, see our Privacy Policy.

3.2 Safe and Appropriate Use

When using our Services, be mindful of those around you, play and communicate safely. You agree that you use the Services at your own risk, that you will not use the Services to violate any applicable laws, regulations, rules for conducting the Games or instructions specified in these Terms, and you will not encourage any such actions. other persons or provide them with the opportunity to perform such actions.

You also agree not to post any illegal, inappropriate or commercial Content (as defined below) when using the Services. You agree not to submit content that is false, misleading or inappropriate, including when submitting or editing data or submitting deletion requests.

3.3 Your Interactions with Other People

You agree to maintain safe and appropriate relationships with other players and other people in the real world while using the Services. You will not harass, threaten, or otherwise violate the legal rights of others. You must not violate the boundaries of someone else's property or in any way seek or obtain the right of access to any objects or to any places to be in which you do not have the right or permission, and you must not take other actions that could lead to infliction harm to someone, cause the death of someone, or damage property, cause concern or cause any kind of liability. In the event you have a dispute with any third party regarding your use of the Services, you must indemnify FlashCross from liability for any claims and claims and compensate them for all property losses (direct and indirect) of any kind and nature, both known and unknown, alleged and not intended, disclosed and undisclosed, which will arise out of such dispute or in any way will be associated with it.

3.4 Eligibility and Account Registration

If you want to use any specific Services, you need to create an Account. You also need to have a supported Android 6+ smartphone with Internet connectivity.

You can create an Account on the Site using your email address, Nickname and password.

You agree not to share the password for your Account with anyone and agree to promptly notify us in the event of any unauthorized use of your Account. FlashCross takes its security commitments seriously; however, you are responsible for all actions performed using your Account, with or without your knowledge.

3.5 Account Suspension or Termination

We may suspend or terminate your access to the Services and your rights to use the Services at any time and without notifying you, including in cases of: (a) your violation of these Terms; (b) we suspect that you are fraudulent or cheating, or that you have misused the Content or Services; or (c) we suspect any other illegal activity using your Account.

You can delete your Account at any time. Upon termination of access to any Services or termination of your Account, the following provisions of these Terms will remain in effect: Content Rights, Rights You Grant, Disclaimer of Warranties, Disclaimer, Indemnification, Limitation of Liability, Dispute Resolution, General Terms and Conditions and this offer.

3.6 Who May Use Our Services

Unless otherwise specified for a specific Service, children are not allowed to use the Services. A “child” is a person under the age of 18.

In order for the Child to access the Services that allow the participation of children, verified consent of the parents or legal guardians of the Child ("Parents") must be provided.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, FLASHCROSS DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTION BY A PARENTLESS CHILD. IF YOU ARE A PARENT AND GRANT YOUR PERMISSION TO REGISTER YOUR CHILD IN ONE OR MORE SERVICES, YOU AGREE TO THE TERMS GOVERNING YOUR USE OF THE SERVICE.

4 Limited License to Use

Subject to your compliance with these Terms, FlashCross grants you a limited, non-exclusive, non-transferable, non-sublicensed license to download and install a copy of the Applications on a mobile device and run such copies of the Applications solely for your own personal, non-commercial purposes. Unless expressly permitted by these Terms or applicable law, you may not: (a) copy, modify the Applications or create derivative works based on them; (b) distribute, transfer the Applications, sublicense the Applications, lease them, temporary use or rent them to third parties; (c) restore the source code of the Applications by decompiling or disassembling them; or (d) by any means provide access to the functions of the Applications to multiple users. FlashCross reserves all rights to the Applications not expressly granted to you by these Terms.

5 Content and Content Rights

Subject to your compliance with these Terms, FlashCross grants you a personal, non-commercial, non-exclusive, limited, revocable and non-transferable license and sublicense to download, view, display and use the Content solely for your permitted uses within the Service. "Content" means texts, computer programs, scripts, graphics, photographs, sound, music, video materials, audiovisual works, messages, interactive functions, works of authorship of any kind and information or other materials that are created, transmitted or otherwise made available through Services, including User Content. "User Content" means any Content that a user of the Service makes available through the Service.

5.1 Content Ownership

FlashCross does not claim any ownership of the User Content, and nothing in these Terms limits your rights to use its User Content. Subject to the foregoing, exclusive rights, other property and non-property rights to the Services and Content, including all accompanying intellectual property rights, belong exclusively to FlashCross and its licensors.You acknowledge that the Services and Content are protected by copyright, trademark and other laws. You agree not to remove, modify, or hide any copyright, trademark or service mark rights notices, or any other proprietary notices included in or accompanying the Services or Content.

5.2 Rights Granted by You

By granting access to any User Content through the Services, you grant FlashCross a non-exclusive, transferable and sublicense, worldwide royalty-free, perpetual license (or, if not permitted by applicable law, a license for the entire duration of the exclusive rights under any applicable law, including any extensions) to use, copy, modify, use as a basis for the creation of derivative works, public display, public performance, advertising, promotion and distribution of your User Content in connection with the operation of the Services and the provision of Content to you and any third parties. By agreeing to these Terms, you authorize FlashCross to freely benefit from the above rights, including but not limited to:

  1. reproduce User Content by any means and in any form;
  2. to carry out publicly or for a predetermined circle of people broadcasting or providing access to User Content (or any product containing User Content) for a fee or free of charge in all places, by any means and using any means that are currently known or unknown , in particular, via the Internet, pay-per-view, pay-per-game, fiction or television broadcasting, in print;
  3. use User Content to display, promote and advertise all FlashCross Services;
  4. manufacture or order the production of any new products or services from User Content or from any product containing or using User Content, reproduced in its original form, or modified at the discretion of FlashCross or any other person at the choice of FlashCross.

You are solely responsible for all of your User Content. You represent and warrant that you have the exclusive rights to your User Content or have all the rights necessary to license your User Content to us under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content through the Services, nor any use of your User Content by FlashCross on the Services or through the Services will violate the rights of third parties to intellectual property, their rights to publicity or confidentiality and will not cause a violation of applicable law. To the extent permitted by applicable law, you also agree not to exercise your personal non-property rights (or their equivalent rights under applicable law), such as your right to be listed as the author of any User Content, in relation to FlashCross or any third the person indicated by FlashCross.

5.3 Feedback

You can send feedback, comments and suggestions for improving the Services ("Feedback") by contacting us through social networks or through support channels. Feedback is a form of User Content.

5.4 DMCA/Copyright Policy

FlashCross complies with and expects users to comply with copyright laws. FlashCross has a policy of deleting, in appropriate circumstances, User Accounts that infringe or may infringe the copyrights of the copyright holders.

6 Conduct, General Prohibitions, and FlashCross’s Enforcement Rights

You agree that you are personally responsible for your behavior and your User Content when using the Services, as well as for all the consequences of your actions. In addition, you agree not to take the following actions unless applicable law imperatively requires you to be entitled to do so:

  1. collect on the Services and store personally identifiable information about other users and share such information without their express consent;
  2. extract, collect or index individual elements of the Services or Content (including information about users or game scenarios);
  3. use the Services or Content or any part of them for any commercial purpose or in a manner not permitted by these Terms, including but not limited to (a) collecting embedded objects or resources in the Applications for sale outside the Applications, (b) providing services in the Applications in exchange for payment outside the Applications or (c) the sale, resale or rental of the Applications or your Account;
  4. attempt to access the Services or Content or search the Services or Content or download Content from the Services using technologies or tools other than those provided by FlashCross or other publicly available third-party browsers (including, without limitation, automation programs, bots, search engines robot programs, data mining tools or various kinds of hacking tools, agents, engines and devices);
  5. try to decrypt, decompile, disassemble or otherwise open the software used to operate the Services and transfer Content;
  6. circumvent, eliminate, deactivate, descramble or otherwise overcome any technical means that FlashCross or any FlashCross contractors or other third parties (including other users) use to protect the Services or Content;
  7. use, display, copy or display the Services or any of their individual elements, the FlashCross name, any FlashCross trademarks, logos or other information proprietary to FlashCross, or the markup and design of any page or any Application, without express written consent FlashCross;
  8. post, publish, report or transmit any Content that infringes, misuses or infringes on any patent, copyright, trademark, trade secret, moral or other intellectual property rights, or public or confidentiality rights any third party;
  9. gain access to non-public sections of the Services, FlashCross computer systems or technical means of delivery of FlashCross providers, hack their protection or use them;
  10. try to find vulnerabilities in any FlashCross systems or networks or in the Services, hack information security systems or authentication tools;
  11. use meta tags or other types of hidden text or metadata that contain FlashCross trademarks, logos, URLs, or product names without FlashCross's express written consent;
  12. try to find vulnerabilities in any FlashCross systems or networks or in the Services, hack information security systems or authentication tools;
  13. use meta tags or other types of hidden text or metadata that contain FlashCross trademarks, logos, URLs, or product names without FlashCross's express written consent;
  14. forge any TCP / IP packet headers or any part of the header information in any emails or posts in conferences or in any way use the Services or Content to send information that is altered, misleading or fake an indication of the source of information;
  15. forge any TCP / IP packet headers or any part of the header information in any emails or posts in conferences or in any way use the Services or Content to send information that is altered, misleading or fake an indication of the source of information;
  16. interfere or attempt to interfere with the access of any user to the host or network, including, but not limited to, by introducing a virus, provoking congestion, overflow, spamming or other mail attacks on the Services;
  17. interfere or attempt to interfere with the access of any user to the host or network, including, but not limited to, by introducing a virus, provoking congestion, overflow, spamming or other mail attacks on the Services;
  18. delete, hide or in any way change any attributions, warnings or links contained in the Services or Content;
  19. violate any applicable laws or regulations;
  20. induce anyone to do or provide someone with the opportunity to do any of the above.

While FlashCross is not obligated to monitor access to or use of the Services or Content, or to review or edit any Content, we may do so in order to ensure the normal operation of the Services, compliance with these Terms, and all applicable laws and other regulatory requirements. ... We reserve the right to remove any Content or block access to any Content at any time and without prior notice. FlashCross may remove any Content that we deem to be questionable or in violation of these Terms. We have the right to conduct checks on the facts of violation of these Terms or actions that affect the Services. We can also contact law enforcement agencies and assist them in bringing users and other persons violating the law to justice.

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR APP, IS A BREACH OF FLASHCROSS TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

7 Participation in Games

7.1 Registration for the Game

Subject to the provisions of applicable law and the exceptions provided for in these Terms, payments for participation in the Game are not refundable or exchangeable and cannot be transferred to other persons. Access to the Game may require a reasonably acceptable document of identification, such as a driver's license or passport, showing the first and last names as they appear on the Account. The number of seats in the Game may be limited and FlashCross does not guarantee you the opportunity to participate in the Game. Teams that paid for participation may not be admitted to the Game, the payment for participation in this case is refunded.

Unless prohibited by applicable law, by registering for the Game, you confirm the right of FlashCross to use your data received from you in accordance with the Privacy Policy to communicate information about the Game (personally and on the Internet), including for communication with you and notifying you of new data about the Game, sending you the necessary materials by mail, notifications about emergencies or unfavorable weather conditions or public ratings of the leaders of the Games.

7.2 Rules of Conduct at the Games

You must always comply with all applicable laws and all rules and regulations established by FlashCross or any other authorized person involved in the creation or operation of the Game, including all health and safety requirements and rules and all reasonable instructions from the personnel of the venue of the Games and FlashCross representatives. on the game. As a condition of your participation, you agree to comply with all the policies of the Sites, including, but not limited to, any site of the respective Game.

The Game prohibits illegal drugs, substances not subject to free circulation, contraband goods, weapons and illegal items. To the maximum extent permitted by applicable law, you waive your claims against FlashCross or any third party involved in the organization or conduct of the Game, and release them from liability for all claims, claims, grounds for claims, for all damages, losses, expenses and from any liability that may arise as a result of or in connection with such precautions and / or personal searches. If you decide not to agree to such precautions and body searches, you may be denied access to the Game or you may be removed from the Game without the right to a refund or other compensation.

FlashCross and its authorized third parties reserve the right to deny access to the Game or remove from the Game without refund and other compensation any person who (a) does not comply with these Terms, (b) violates public order or deliberately commits illegal actions, or (c) in the opinion of FlashCross or third parties authorized by it, has a negative impact on the Game, participants, spectators and / or personnel.

Minors are allowed to the Games only if accompanied by their Parents.

7.3 Assumption of Risks

Unless prohibited by applicable law, you agree that by registering for the Game, participating in the Game or visiting the Game, you at your own will, knowingly and voluntarily assume all risks arising before, during and after the Game, including the risk of injury for any reason and risks of damage, loss or theft of property. You acknowledge that the Games and individual activities in the Games involve inherent and unforeseen risks, including risks of (a) contact or collision with persons or objects, (b) obstacles (such as natural and artificial water bodies, road and ground hazards), (c) Related to equipment (for example, broken, defective or unsuitable equipment, unexpected equipment failures), (d) weather related, (e) inadequacy of emergency measures and / or contingency plans, (f) refereeing and / or behavior (for example, eccentric or inappropriate actions of competitors or spectators or refereeing by Game personnel) and (g) natural causes (uneven or difficult terrain, wild animals and insects, contact with plants). You agree to take reasonable precautions before taking part in the Game and its activities, for example, seek the advice of your doctor and make sure that you are in good physical shape, properly dressed and have the necessary or recommended equipment with you. You also understand and acknowledge that you yourself are responsible for studying the venue, facilities, equipment of the Game and the territories on which it will be held, and that by participating in the Game you confirm the safety, adequacy and suitability of such facilities, equipment and territories for your participation in The game. If you have any suspicions or become aware of any unsafe factors or unreasonable risks, you agree to immediately notify the competent personnel and terminate your participation in the Game.

To the extent permitted by applicable law, you hereby waive your claims against FlashCross or any third party involved in the organization or conduct of the Game, and release them from liability for all claims, requirements, grounds for claims, for all losses, losses, expenses and from any liabilities that may arise from or as a result or in any way in relation to your presence at the Game or participation in it, including liability for negligence, inherent and unforeseen risks, harm or damage to persons or property and for the actions of third parties persons or participants of the Game and spectators.

7.4 Game Features and Cancellation

To the extent permitted by applicable law, any time frame of the Games, features of interactive or in-game reality, actions, goods, services, privileges, objects, prizes and / or Content (collectively - "Game Features") that are advertised in connection with the Game, are not guaranteed and they can be changed and / or canceled at any time before or during the Game without any warning or compensation. Admission to the Game does not guarantee any specific Game Features at the time of its running.

The date, time and / or location of the Game may change at any time and FlashCross will make commercially reasonable efforts to notify you in advance of any material changes. In the event of cancellation, suspension or transfer of the Game, when you are unable to attend the transferred Game, you will not be entitled to any additional compensation other than refunding your participation cost at its par value, and neither FlashCross nor any third parties will not have any obligation to you to pay any compensation. You pay all the travel and accommodation expenses incurred by you yourself.

7.5 Recordings and Use of Likeness

You express your consent and approval for FlashCross to record your image, image, name, conversations, biographical information, personality and voice in the Games and to use such information free of charge under the terms set forth in the "Rights You Grant" section above. FlashCross may publish the results of any competition (including any ratings and the identity of any winners), game statistics and images of participants in its promotional materials and social media in accordance with these Terms.

8 Sweepstakes, Contests, Raffles, Surveys And Similar Promotions

FlashCross and / or its partners may periodically organize sweepstakes, contests, sweepstakes, polls, games and similar promotions to promote the Services (“Promotions”). In addition to these Terms, Promotions will be subject to specific terms and conditions that will be communicated to you at the start of a particular Promo (“Promotion Terms”). By participating in a Promotion, you are subject to the applicable Promotion Terms.

All Promotional Terms are incorporated into, and may differ from, and prevail over these Terms. FlashCross strongly recommends that you familiarize yourself with the Promotional Terms and Conditions. Any information you provide in connection with such Promotions, in addition to these Terms and Conditions and any Promotions Terms, is subject to our Privacy Policy.

9 Beta-testing

FlashCross may provide you with access to some mobile applications prior to their official release ("Beta") and invite you to participate in their testing and share the results of testing Beta versions as part of the FlashCross program for beta testing new applications ("Beta -testing"). This section applies only to closed Beta Testing Programs in which FlashCross grants private access to select testers only. This section does not apply to testing open Beta versions that FlashCross published in the app store.

You acknowledge that any functionality of the products or their content, game documentation, promotional materials and / or any other information that FlashCross may communicate to you in connection with the Beta Testing Program ("Test Materials"), the Beta versions themselves, and everything related to the Beta Testing Program is the exclusive property of FlashCross and is confidential and should be treated as confidential until the moment of official release.

If FlashCross offers you access to the Beta, then subject to your compliance with these Terms, FlashCross grants you a personal, non-exclusive, revocable and non-transferable limited license to use the Beta solely for testing and providing feedback on Beta performance within the Program. beta testing.

Without limiting the foregoing and with the exception of cases provided for by applicable law, you are prohibited from:

  1. copy, modify the Beta or create derivative works based on it;
  2. transfer or sell the Beta to anyone;
  3. Open, decompile, disassemble, decrypt the Beta, and otherwise attempt to restore the original code of the Beta;

  4. install the Beta version on systems that are not under your direct control or are used by you in conjunction with others;

  5. discuss Beta versions with anyone outside of FlashCross or show them to such persons;
  6. post information about the Beta on blogs, tweets and other publicly available formats;
  7. take screenshots, photographs, videos or audio recordings of Beta versions without written permission from FlashCross; or
  8. make your Beta Feedback (as defined below) available to any third party without prior written consent from FlashCross.

Caution should be exercised when using the Beta in public places. Don't let anyone see, hear, video, or take pictures of Beta releases. Immediately notify FlashCross of any unauthorized access to your Account or any suspicion of attempted compromise.

FlashCross may collect your comments, suggestions and feedback about the Beta, and may monitor your use of the Beta using analytical tools and in accordance with the FlashCross Privacy Policy. All such comments, suggestions, feedback and analytics (collectively "Beta Feedback") are the exclusive property of FlashCross.

You understand and agree that participation in the Beta Testing Program is voluntary and does not create a legal partnership, agency or employment relationship between you and FlashCross, and you will not receive any remuneration for such participation or for any Feedback on Beta-versions.

Unless prohibited by applicable law, all Testing Materials are provided to you “as is”, without warranty of any kind, either express or implied. You understand that Beta versions of the programs are under development and may contain errors, bugs and other problems that may result in data loss and / or system failure.

You should install Betas on devices other than your primary work devices, non-business critical devices backed up. Unless prohibited by applicable law, FlashCross is in no way responsible for any damage that may be caused to you as a result of your participation in the beta testing program.

You agree that your breach of your obligation to maintain confidentiality will cause FlashCross irreparable harm, the extent of which will be difficult to assess, and that monetary damages will not be an adequate remedy for FlashCross's rights in this case. Accordingly, you agree that if you violate your privacy obligation, FlashCross may seek injunctive relief and other interim measures as the court deems appropriate, in addition to any other remedies FlashCross may have.

10 Third Party Websites or Resources

The Services may contain links to sites or resources of third parties. FlashCross inserts such links solely for the convenience of users and is not responsible for the content of such sites and resources, for the products or services available on such sites and resources, or for the links displayed on such sites. To the extent permitted by applicable law, you acknowledge that you are solely responsible and assume all risks arising from your use of any third-party sites and resources.

FlashCross is not responsible for the availability or quality of third party services, including cellular networks, hotspots, wireless internet and other services. Such third-party services may affect your ability to use the Services or participate in the Games, and you hereby waive your claims against FlashCross or any third party involved in the creation and operation of the Services, and release them from liability for all claims, requirements, claims , from all damages, compensation for losses, expenses and from any liabilities that may arise from the use of or in connection with the use of such third-party services.

11 Disclaimer of Warranties

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT FLASHCROSS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. FLASHCROSS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.

12 Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER FLASHCROSS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLASHCROSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FLASHCROSS’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN EVENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLASHCROSS AND YOU.

13 Dispute Resolution

YOU AGREE THAT DISPUTES BETWEEN YOU AND FLASHCROSS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

14 General

14.1 Entire Agreement

These Terms contain the complete and exclusive set of understandings and agreements between FlashCross and you in relation to the Services and Content and supersede all prior oral and written agreements or agreements between FlashCross and you in relation to the Services and Content.

14.2 Severability

If any provision of these Terms is held invalid or legally unenforceable, such provision will be enforced to the maximum extent permitted and the remainder of these Terms will remain in full force and effect. You may not assign or transfer rights and obligations under these Terms by law or otherwise without the prior written consent of FlashCross. Any attempt on your part to assign or transfer rights and obligations under the Terms without such consent will be null and void. FlashCross may freely assign or transfer rights and obligations under these Terms and Conditions without any restrictions and will not be jointly or jointly liable as an assignor or transferor. Subject to the foregoing, these Terms are in the interest of and will be binding on the parties, their successors and authorized assignees.

14.3 Force Majeure

Neither FlashCross, nor any user, nor any other person involved in the creation, production or provision of the Services or Content will be liable for any loss, injury, failure to perform or delay in performance of obligations caused by natural disasters, meteorological conditions, fire, flood, terrorist acts or hostilities, malfunction of satellite systems or communication networks, orders of the authorities or actions of state regulation, labor disputes or any other reason beyond the control of such a person.

14.4 Notice

Any notices or other communications that FlashCross sends under these Terms, including those relating to changes to these Terms, will be sent: (a) by email, or (b) by posting on the Services. The date of receipt of notices by email will be the date of transmission of such notice to any email address provided by you.

14.5 Waiver

Failure by FlashCross to exercise any right under these Terms or to enforce any provision of these Terms will not constitute a waiver of such right or provision by FlashCross. A waiver of any right or provision will only be valid if it is made in writing and signed by an authorized FlashCross representative. Unless otherwise expressly provided by these Terms, the exercise by one or another party of any remedies provided by these Terms does not impair its other remedies under these Terms or on other grounds.

14.6 Contact Information

If you have any questions regarding these Terms or the Services, please contact FlashCross at the contact information provided on the Site.