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Terms & Conditions

TERMS OF USE

Introduction

These terms and conditions (the “Terms”) govern use of (i) all parts of our website www.flashentertainment.com (the “Website“); (ii) any of our mobile applications and any tools contained therein (our “Apps”); (iii) any of our social media pages; and (iv) any of our other technological platforms in whatever form (our Website, Apps, social media pages and other technological platforms together referred to herein as our “Platforms”).

In these Terms, the terms “Flash” or “us” or “we” or “our” refer to Flash Entertainment FZ LLC whose principal place of business is at P.O. Box 77828, Abu Dhabi, United Arab Emirates. The term “you” refers to the user or viewer of our Platforms.

By using any of our Platforms, you agree to these Terms and any applicable laws and regulations which govern the use of such Platforms. If you do not accept the Terms, please do not use the Platforms.

We may change these Terms at any time. Please check the Terms before using the Platforms as all changes are binding on you as soon as they are posted.

Permitted Use

Except as set out below, you may not in any way use the content of any Platform without Flash’s prior written consent. You are authorised to use and retain a copy of content of any Platform strictly for your personal use.  You may not use any content of any Platform for commercial purposes without Flash’s prior written consent and may not use directly or indirectly any Platform for any commercial or marketing activities or any business transactions in your name or on behalf of third parties, including any form of solicitation and offers of any kind.

You may link to our Platforms, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Certain parts of our Platforms allow you to upload and post content such as messages, information, concepts, ideas, know-how, text, photographs, graphics, videos or audio material (each a “Posting”). You represent and warrant that any Posting you make: (i) is compliant with these Terms; (ii) does not infringe any third party right (including any third party’s intellectual property rights) or any applicable law or regulation; (iii) is not defamatory, malicious or offensive (according to moral norms in the United Arab Emirates, such as promoting racism, hatred, harassment, containing threats against people or groups of people, or promoting illegal activities such as drug consumption, prostitution or pornography; (iv) is uploaded under your sole responsibility and at your sole risk and (v)  (other than information collected by Flash referred to in the Privacy Policy) is accessible to the public. Flash cannot and does not guarantee any protection or confidentiality of your Postings. You further agree and acknowledge that by uploading any Posting to any Platform, you grant to Flash, on a perpetual, irrevocable, royalty free basis, throughout the world, the right to disclose, reproduce, adapt, edit, exploit, publish, translate, perform, or create derivative works from your Posting without further reference to you and without making any payment of any kind to you.

You are responsible for making all arrangements necessary for you to have access to our Platforms.

You acknowledge and agree that Flash may from time to time and at its sole discretion carry out some checking of any Postings uploaded by you or other users and may without notice delete or remove any information or content uploaded by you or any third party without any compensation and indemnification whatsoever.

Intellectual Property Rights

Flash is the owner or the licensee of all intellectual property rights in the Platforms and the material published on / through them. Flash reserves all of its rights with respect to all of its intellectual property.

Our status (and that of any identified contributors) as the authors of content on our Platforms must always be acknowledged.

You must not use any of Flash’s trademarks or any third party trademarks displayed on our Platforms: (a) in or as the whole or part of your own or any other trademark; (b) in a manner that may be confusing, misleading or deceptive; or (c) in a manner that in Flash’s sole opinion is detrimental to Flash’s reputation or interests or is otherwise inappropriate.

Any Posting uploaded to or through any Platform or any other information sent to Flash becomes Flash’s property and you release and waive all your rights and interest to that information. You remain liable for any claim by any person for any loss, damages, cost or expense of any kind in any way related to that information.

Flash reserves the right to revoke at any time for any reason any license to use its content.

Disclaimer

The content on our Platforms is subject to change at any time without notice.  However, please note that any of the content may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Platforms, or any content on them, will be free from errors or omissions, or is suitable for any particular purpose. The content of our Platforms is intended for informational or entertainment purposes only and is not intended to amount to advice on which you should rely; your use of any information or materials on our Platforms is provided on an “as is basis”.

While we try to make our Platforms available all the time, neither Flash nor any third parties guarantee that our Platforms will be free from any interruption or access denial. Access to our Platforms is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Platforms without notice.

We do not guarantee that our Platforms will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Platforms. You should use your own virus protection software.

From time to time, our Platforms may also include links to other websites or platforms (“External Service”). These links are provided for your convenience to provide further information. They do not signify that Flash endorses or approve External Service or their content. If you choose to use an External Service, such use will be subject to such External Service provider’s terms of use and privacy policy, as updated from time to time. Please read and be aware of the terms of use and privacy policy of each External Service you use. By accessing and/or using an External Service you do so at your own risk. To the fullest extent permitted under applicable law, Flash does not assume any responsibility and shall not be responsible or liable for your use of an External Service, including without limitation the accuracy, reliability, or content of such External Service.

Limitation of Liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

Flash (and its officers, directors, employees, shareholders and agents) exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party in connection with your access to, use of, inability to use or the results of use of the Platforms.

You agree that in no event shall Flash be liable for any direct, indirect, punitive, exemplary or consequential loss or damages such as any loss of reputation, income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption; and any loss or damage due to viruses that may infect your computer equipment, software, data or other property.

Violation of the Terms

Flash reserves the right to remove or delete any information or content uploaded on any Platform, deny or restrict access to any Platform to any person or organisation or to block access from an individual internet access address or geographical territory to any Platform, at any time and at its sole discretion.
Unauthorised use of any Platform may give rise to a claim for damages and/or be a criminal offence and Flash reserves the right to take any appropriate action, including legal action, to protect Flash’s rights under these Terms.
You agree to hold harmless and defend Flash and of its officers, directors, employees, shareholders or agents of any of them (whether or not involved in creating, producing, maintaining or delivering the Platforms) against any loss, liability, claim or demand including reasonable attorneys’ fees made by any third party arising out of or in connection with your use of any Platform in violation of these Terms or any Posting uploaded by you on or through any Platform.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Emirate of Abu Dhabi and the Federal laws of the United Arab Emirates as applicable therein. Disputes arising in connection with these Terms or the Privacy Policy shall be subject to the exclusive jurisdiction of the courts of the Emirate of Abu Dhabi.

Flash may co-operate with any law enforcement authorities of the United Arab Emirates or any court order issued by the courts of the United Arab Emirates or any order or direction issued by the Telecom Regulatory Authority of the United Arab Emirates requesting or directing Flash to disclose the identity or locate anyone posting any material in purported or suspected breach of any clauses of these Terms or any applicable laws.

Miscellaneous

If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.

All notices shall be given to Flash via email at legal.dept@flashentertainment.com