1. Welcome to Flash
1.1 VLB operates a news platform, which it makes available through the Flash application available for download on your mobile device (the "Flash App"), that allows users read news trough a unique new media (the "Flash Service").
1.2 The Flash Service is provided by SASU VLB ("VLB", "we", "our", or "us").
2. Your relationship with us
2.1 This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Flash Service.
2.2 By downloading and using the Flash App, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access or use the Flash Service.
3. Information about us
3.1 SASU VLB is a company registered in France, with its registered address at 12 RUE DE LA CHAUSS. D ANTIN
75009 PARIS 09, France.
4. Information about you
Your privacy is important to us. all data collected are anonymous.
5. Description of the Flash Service
5.1 The Flash Service allows you to read fresh news every day in a story-format
6. Setting up your account
You don't need an account to use Flash, all data collected are anonymous
7. Your right to use the Flash Service
7.1 The materials and content comprising the Flash Service (other than any User Content) belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Flash Service in accordance with these Terms of Service.
7.2 Your right to use the Flash Service is personal to you and you are not allowed to give this right to any other person. Your right to use the Flash Service does not stop us from giving other people the right to use the Flash Service.
7.3 Unless allowed by these Terms of Service or as permitted by the functionality of the Flash Service, you agree:
(a) not to copy, or attempt to copy the Flash App or any other portion of the Flash Service;
(b) not to give or sell or otherwise make available the Flash App or any other portion of the Flash Service to anybody else;
(c) not to change, or attempt to change the Flash App or any other portion of the Flash Service in any way;
(d) not to look for or access the code of the Livetopic App or any other portion of the Flash Service that we have not expressly published publicly for general use.
7.4 You agree that all confidential information, copyright and other intellectual property rights in the Flash App or any other portion of the Flash Service belong to us or the people who have licenced those rights to us.
7.5 You agree that you have no rights in or to the Flash App or any other portion of the Flash Service other than the right to use and access them in accordance with these Terms of Service.
8. Apple App Store Provisions
8.1 This paragraph 9 applies where the Flash App has been downloaded from the Apple App Store. You acknowledge and agree that the Terms of Service are solely between you and VLB, not Apple, Inc. ("Apple") and that Apple has no responsibility for the Flash App or content thereof. Your use of the Flash App must comply with the App Store Terms of Service.
8.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Flash App. In the event of any failure of the Flash App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Flash App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Flash App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms of Service and any law applicable to VLB as provider of the Flash App.
8.3 You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Flash App or your possession and/or use of the Flash App, including, but not limited to: (i) product liability claims; (ii) any claim that the Flash App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms of Service and any law applicable to VLB as provider of the software.
8.4 You acknowledge that, in the event of any third party claim that the Flash App or your possession and use of that Flash App infringes that third party’s intellectual property rights, VLB, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Service.
8.5 You represent and warrant that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8.6 You and VLB acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Service as relates to your licence of the Flash App, and that, upon your acceptance of the terms and conditions of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service as relates to your licence of the Flash App against you as a third-party beneficiary thereof.
9. Other App Marketplaces and Platforms
9.1 This paragraph 10 applies where a Flash App has been downloaded from any app store or distribution platform other than the Apple App Store, including the Google Play Store (the "Distribution Platform "):
(a) you acknowledge that the Terms of Service are between you and VLB, and not with the provider of the Distribution Platform ("Store Provider");
(b) your use of the Flash App must comply with the Store Provider’s then-current Distribution Platform Terms of Service;
(c) the Store Provider is only a provider of the Distribution Platform where you obtained the Flash App;
(d) VLB, and not the Store Provider, is solely responsible for the Flash App;
(e) the Store Provider has no obligation or liability to you with respect to the Flash App or the Terms of Service; and
(f) you acknowledge and agree that the Store Provider is a third-party beneficiary to the Terms of Service as it relates to the Flash App.
11. Rules of Acceptable Use
11.1 In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Flash Service (the "Rules of Acceptable Use").
11.2 When using the Flash Service you must not:
(a) circumvent, disable or otherwise interfere with any security related features of the Flash Service;
(b) give any false or misleading information, impersonate any person or permit any other person to use the Flash Service under your name or on your behalf unless such person is authorised by you;
(c) use the Flash Service if we have suspended or banned you from using it;
(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
(e) modify, interfere, intercept, disrupt or hack the Flash Service; br
(f) misuse the Flash Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the Flash Service or any user of the Flash Service's own equipment;
(g) collect any data from the Flash Service other than in accordance with these Terms of Service;
(h) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
(i) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
(j) use any User Content in violation of any licensing terms specified by the owner;
(k) submit or contribute any information or commentary about another person without that person's permission;
(l) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
(m) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Flash Service in a manner that send more request messages to the Flash Service than a human can reasonably produce in the same period of time.
11.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
(a) immediate, temporary or permanent withdrawal of your right to use the relevant Flash App or any other portion of the Flash Service;
(b) immediate, temporary or permanent removal of any User Content;
(c) issuing of a warning to you;
(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
11.4 The responses described in paragraph 12.3 are not limited, and we may take any other action we reasonably deem appropriate.
12. Notice and takedown policy
12.1 Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through the Flash Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to firstname.lastname@example.org. Please provide the following information in the Infringement Notice:
(a) your name and contact details;
(b) a statement explaining in sufficient detail why you consider that the content available through the Flash Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
(c) a link to or such other means of identifying the problematic content.
12.2 We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
13. Ending our relationship
13.1 If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Flash Service, you must immediately stop using the Flash Service.
13.2 Deleting the Flash App might not close any Account you have created in relation to the Flash Service. You must notify us if you wish to close your Account, and you can do this from your profile page in the Flash application.
13.3 We may immediately end your use of the Flash Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Flash Service including these Terms of Service.
13.4 We may also withdraw any part of the Flash Service as long as we give you reasonable notice that we plan to do this.
13.5 If you or we end your use of the Flash Service or we withdraw Flash Service as described in this section, we may delete any User Content that you have uploaded to the Flash Service or any other information we hold about you. You will also lose any rights you have to use the Flash Service or to access any of your User Content. You should therefore ensure that you keep a copy of any User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the Flash Service or User Content.
13.6 The termination of your use of the Flash Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us.
13.7 Nothing in this paragraph 14 affects any legal rights you may have under the law of the country in which you are resident.
14. Our liability/responsibility to you
14.1 While we will do our best to ensure that the Flash App themselves are of a reasonable standard and quality and match any descriptions of them we have provided you, the Flash App and any other portion of the Flash Service may contain some content owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.
14.2 In addition, due to the nature of the Internet and technology, the Flash Service is unfortunately provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Flash Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Flash Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
14.3 Since the Flash Service is provided for free, in the event of a claim arising out of the provision of the Flash App or any other part of the Flash Service, we shall have no responsibility whatsoever to you.
14.4 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
15. Resolving disputes
15.1 If you have a dispute with us relating to the Flash Service, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally.
15.2 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
16. Changes to the Flash Service
16.1 We are constantly updating and improving the Flash Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Flash Service.
16.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Flash Service, or feature relating to the Flash Service ("changes to the Flash Service"). These changes to the Flash Service may affect your past activities on the Flash Service, features that you use and your User Content ("Service Elements"). Any changes to the Flash Service could involve your Service Elements being deleted or reset.
16.3 You agree that a key characteristic of the Flash Service is that changes to the Flash Service will take place over time and this is an important basis on which we grant you access to the Flash Service. Once we have made changes to any part of the Flash Service, your continued use of the Flash Service will show that you have accepted any changes to the Flash Service. You are always free to stop using the Flash Service.
17. Changes to the documents
17.1 We may revise these Terms of Service from time to time but the most current version will always be at https://www.flash.io/terms-of-use or in the relevant section of the Flash App.
17.2 Changes will usually occur because of new features being added to the Flash Service, changes in the law or where we need to clarify our position on something.
17.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
18. Documents that apply to our relationship with you
18.1 The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you.
18.2 We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Flash Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
18.3 If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
If any provision of these Terms of Service is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of the provisions.
French law will apply to all disputes and the interpretation of these Terms of Service. The French courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Flash Service. This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of the Flash Service heard in the courts of that country.
21. Contact, feedback and complaints
21.1 If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at firstname.lastname@example.org.
21.2 We value hearing from our users, and are always interested in learning about ways we can improve the Flash Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.