We welcome you on mobile apps "FlashGet Parental Control" and "FlashGet Kids" (the "Applications" and all services provided through the Applications, the "Service"). The Service created for child safety and parental control by Hongkong FlashGet Network Technology Co., Ltd. (hereinafter - "FlashGet Network Technology", the "Company", "We" or "Us"). The agreement is applied to all potential visitors, Users and others users who use the Services (hereinafter – "Users", "User" or "You"). This agreement discloses the terms in accordance with which the User may use the Service (the "Terms of Service"or "Terms").
The Service are offered and owned by the Company:
Hongkong FlashGet Network Technology Co., Ltd.
Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Service.
If You use the Services on external platforms, including but not limited to, Apple App Store and Google Play, You must also accept and comply with all rules of such platforms applicable to the Services.
If you have any questions please contact us at support@flashget.com.
IF YOU OR YOUR PARENT/LEGAL GUARDIAN DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR USE FLASHGET PARENTAL CONTROL' SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USE OF THE SERVICES.
1. User's Acknowledgment and Acceptance of Terms of Service
The Company provides the Services to the User, subject to your compliance with these Terms of Service, as well as any other agreement between us and you.
THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT https://kids.flashget.com/terms-of-service , AND AS INCORPORATING THE PRIVACY POLICY (PUBLISHED AT https://kids.flashget.com/privacy-policy ) COMPRISE A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY.
You may not use the Services for commercial purposes or in any way that is unlawful, or harms the Company or any other person or entity.
Terms of Service is a document that constitutes a public offer i.e an offer to conclude a subscription license agreement providing a right to access and use of the Services.
In case you disagree to these terms please do not click "Agree" and avoid further use of our Services. Following the good faith principles and pursue one’s own interests by clicking "Agree" You confirm that You are fully aware, acknowledge and accept all terms of the present Terms of Service.
Any kind of disputes based on the unawareness claims as to existence of the terms right after acceptance of the present Terms of Service cannot be accepted or reviewed anyhow.
2. Service use
2.1. Our service is created in order to help parent keep an eye on how their children use devices to ensure the safety and welfare of their children.
2.2 When you bind a device with "FlashGet Kids" app installed to your "FlashGet Parental Control" account using the binding code displayed on "FlashGet Parental Control" app, it is deemed that you are the parent or legal guardian of the owner of this "FlashGet Kids" installed device and authorize "FlashGet Kids" to obtain data and information of your child's device.
2.3. The User may use the service in accordance with the terms and conditions of this agreement and all applied local and international laws, rules and regulations. For American children, you must comply with all relevant federal and state laws, including but not limited to provisions such as 18 U.S. Code § 2511 and the COPPA Act.
2.4. You understand that illegal surveillance and recording activities without lawful authorization may be considered criminal acts and subject to legal liability. We disclaim all responsibility arising from any user's illegal or improper use.
2.5. KIDS, IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THESE TERMS OF SERVICE ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THESE TERMS OF SERVICE. BY ACCESSING THE SERVICES, DOWNLOADING AN APPLICATION OR CONTINUING TO USE THE SERVICES, YOU ACKNOWLEDGE THAT: (1) YOU ARE AT LEAST 18 YEARS OF AGE OR ANY OLDER LEGAL AGE REQUIRED TO FORM A CONTRACT IN YOUR JURISDICTION; (2) YOU HAVE THE RIGHT, AUTHORITY AND LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; (3) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO YOURSELF AND ANY MINOR CHILD AUTHORIZED BY YOU.
3. User Information and Privacy Policy
3.1. The Company's collection, use and disclosure, if any, of information collected from you or a child authorized by you is detailed in the Privacy Policy ( https://kids.flashget.com/privacy-policy ), which is incorporated by reference and made a part of these Terms of Service.
4. Service Features
4.1. The Service includes two interrelated applications "FlashGet Parental Control" which is installed on parents mobile device and "FlashGet Kids" which is installed on the child mobile device. To activate the access to the Service for "FlashGet Kids" app it is required to enter the binding code that is displayed on the device of the parent who uses the Service "FlashGet Parental Control". Parent can bind up to 10 devices with FlashGet Kids installed to their account.
4.2 Parent can use FlashGet Parental Control for the following operations:
- View the surroundings of their child's device through its camera.
- Remotely monitor the screen of their child's device.
- Listen to the sounds around their child's device or opt to record its ambient sound. All recording files are saved on parents' devices locally.
- View the geographic location and route history of their child's device and create a Geofence. FlashGet Parental Control will send an alert to the parents when their child's device enters or leaves the Geofence.
- Receive notifications from the apps installed on their child's device.
- Limit screen time on their child's device and for applications and set up a permitted apps list.
- View usage statistics of their child's device, including but not limited to device screen and app usage time, numbers of notifications, and cellular data usage.
- Check the permissions granted to the FlashGet Kids app on their child's device to ensure optimal app performance.
5. User Account
5.1. YOU ACKNOWLEDGE AND AGREE THAT SHOULD THE COMPANY PROVIDE THE ABILITY TO CREATE A USER ACCOUNT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO ANY ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE COMPANY. The Company does not recognize the transfer of any Account or user profile. Therefore, you may not give, purchase, sell, barter, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Terms, either in whole or in part, without the prior written consent of the Company. Any attempt to do so shall be void and of no effect.
5.2. Accounts that you are able to establish with the Service give you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You must notify us immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your Account.
5.3. The User has may manage his/her personal profile and the way how one interacts with the Service by changing the available Account settings.
6. Grant of the Right to Use the Service
6.1. The Service is intended for your personal, non-commercial use.
6.2. Hereby the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Service, (2) access and view the Content within the Service and (3) access and use the software and mobile Applications by downloading and installing one compiled coded copy on a User device.
7. Restricted Use
7.1. Any use of the Services in violation of this Terms or any other documents forming an integral part of these Terms, and rules of applicable law is strictly prohibited, and can result in the immediate revocation of your limited license and may subject you to liability for violations of the law.
7.2. The User is not allowed to: (i) copy, publish or disclose any part of the Service in any media including but not limited to automated or non-automated "duplication"; (ii) use any kind of automated system including apart from everything else "robots" and any of its kind in order to access the Service in a manner allowing to send the multiple requests to the Company’s servers rather than an individual can send within the same timeframe using an ordinary web browser; (iii) send spam, letters thread or any other unsuitable content; (iv) disrupt attempts, discredit the system integrity or its security or decipher the data transmitted to the server or from the servers on which the service is on at; (v) take any actions which can be considered by the Company as ones leading or might be leading to disproportionate or meaningless heavy infrastructure load; (vi) upload an invalid data, viruses, worms or any other software bots by means of the Service; (vii) collect any personal data including the profile names stored in Service; (viii) perform non-commercial use of the Service; (ix) take on a different persona or in any other way falsify the belonging to a particular individual or a legal entity, commit a fraud, hide or try to conceal your true identity; (x) affect the proper Service work; (xi) access to any content in frames of the Service using any technology or any other methods beside ones allowed or offered by the Service; or bypassing the measures which can be taken in order to prevent or limit the access to the Service, including but not limited to the features preventing or limiting the usage or copying of any content or set the limits on the Service or its content use.
7.3. The User is not allowed to: (i) modify, decompile or reconstruct the software; (ii) sublicense and spread or otherwise provide any other third party with an access to software or use software in order to provide sharing use for any third party as well; (iii) make any copy of software; (iv) remove, avoid, switch off, harm or by any other means influence on software functional or (v) remove the copyrights notification and any other property rights for software.
7.3.1. We respect the rights of others and encourage you to do the same. Therefore, you should not use the Service or allow others to do so if such actions infringe on someone's rights, including privacy, personal data, other legally protected secrets, and intellectual property. If during the use of the Service, for example, while live listening , you received information related to the third parties without their consent, please delete it immediately and do not perform actions on its further processing (storage, sending, playing, etc.), except when such processing is aimed at preventing crimes or bringing the guilty persons to criminal liability. Since we do not have access to information relating to third parties received without their consent, all liability for its use and other processing lies entirely with you.
7.4. In case of violation of the Terms the Company reserves the right to terminate a license at any time and at its sole discretion.
8. Mobile Applications
8.1. To use the Apps, You must have a compatible mobile device. The Company does not guarantee that the Applications will be compatible with your mobile device.
8.2. You are aware of and accept the condition that the Company has the right to update the Applications and unilaterally change their functionality (for example, remove or add certain functions, including the ability to record sound or live listening), and such a change in functionality is not a violation of Our obligations under a license agreement. Therefore, You do not have the right to demand any compensation related to such changes, termination of the contract, changes in its price, or changes in other terms of the previously concluded licence contract.
8.3. By using the Service, You agree to such updates and understand that these Terms will apply to all such updates from the time they are installed on your device. Any third party software product that may be included in the mobile software is distributed under a public license or third party user agreement, unless otherwise provided by the Terms of Service of this software product. The Company reserves all rights not granted in accordance with these Terms
9. Notifications Regarding the Service
9.1. Upon providing of e-mail address to the Company, the User agrees to the fact that the Company may use e-mail address in order to send legal notifications regarding the Service instead of sending paper letters via post.
9.2. You also agree and grant the Company the right to send you advertising messages.
10. User Content
10.1. User's Content. If the Company provides the ability for you to post, upload, store, share, send, or display photos, images, video, data, text, music, comments, and other information and content (hereinafter - "User Content"), you acknowledge that you are the owner of any intellectual property rights in any such User Content that you submit, or have sufficient rights to submit the User Content to the Services without infringing any third-party rights. The Company does not claim any ownership rights in any User Content that you may submit or offer through the Service. However, to the extent you submit any User Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to the Company to:
● use, reproduce, distribute, remove, and analyze any of your Content as the Company may deem necessary or desirable for any purpose in connection with the operation of the Services, and
● copy, modify, and reproduce your Content for marketing, promotional and/or other purposes in connection with the Company or the Services in any media, and
● use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other user in connection with any feature of the Services, and
● delete any or all of your Content from the Services, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and
● enable the Services or users of the Services to share or post User Content on third party sites, such as, without limitation, on social networking sites.
10.2. Placing User Content by Users or the third parties doesn’t mean that the Company has reviewed, verified or approved such placing, nor that it recommends it. The Company doesn’t bear any responsibility for the User Content, nor for any direct or indirect damage caused by the usage of such User Content or sites.
10.3. Submission of Feedback or Ideas. If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Company, or obtained from sources other than you.
11. Intellectual Property Rights
11.1. Apart from the User Content, the Service, all materials and information specified in it or the data which is generated, collected or transferred by means of the Service, Applications or software, pictures, text, design, illustrations, logos, patents, trademarks, service marks, any works of authorship, photos, audio files, videos, music and the rights related to intellectual property (hereinafter - "Company Content") are the exclusive ownership of the Company and its licensors and of all the Company Content available in or in connection with the Services is protected by the relevant copyrights, patent rights, know-how, trademarks and other proprietary and intellectual property rights. Except in cases of explicit in the present agreement nothing in the present Terms shall be considered as the grant of license, therefore the User agrees not to sell, reproduce, share, demonstrate or execute publicly, publish, adopt, modify or create derivative work of any kind of Content or other Users' Content. The Company’s Content use for any purposes which are not allowed by the present Terms of Service are strictly prohibited.
12. Paid Services
12.1. Fees for the use of the Service may be charged on a one-time basis or periodically (hereinafter - "Subscriptions"). The type of Subscription usually depends on its duration (one month, one quarter, one year) Regardless of the type of subscription, its payment means the conclusion of an agreement between Us and You under the terms and conditions provided for in the Terms. According to the agreement, We undertake to provide You with access to features of the Service, and the User undertakes to pay the Subscription fee. Such payment will be charged from your account automatically at the end of the relevant period of time. You can pay for the Subscription through the Site, Google Play, App Store, and directly in our mobile applications.
12.2. Purchases Through Mobile Platform. You agree that if you purchase Paid Services or make any in-app purchases through a mobile platform including but not limited to, Apple App Store and Google Play, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of mobile store services or other legal agreement that governs your use of a given payment processing services and/or method, and in no event will the Company have any responsibility in connection with any of the foregoing.
12.3. Automatically Renewing Subscriptions. Your Subscription term may vary, for example, with monthly or quarterly or annual automatic renewal terms (a "Subscription Term"), as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with our Terms of Service. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term.
12.4. Subscription Cancellation. You may cancel your Subscription at any time. To cancel the automatic renewal, You may log in to Your account on the FlashGet website, visit Your "Account info" on the "User Center" site, and click "Disable auto-renew". If You subscribed via Google Pay or Apple Pay, the cancellation can be requested at the Play Console or Subscriptions at Google Pay or Apple Pay. If the cancellation is successful, Your Premium Services will terminate at the end of the Premium Services billing cycle which You are in and for which You have paid, and will not renew automatically starting from the subsequent billing cycle.
12.5. Refunds. If You have not used any of the Premium Services within 7 days from the start of a new billing cycle, you may request the a refund. If such refund is approved after verification, we will refund the fee for such billing cycle. If You fail to request the cancellation within 7 days from the start of such billing cycle, or have already used the Premium Services within 7 days from the start of such billing cycle, the fee for such billing cycle will NOT be refunded.
12.6. Free Trials. Upon registration or from time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. Instructions for canceling your Subscription are described in the sections above. To avoid any charges, you must cancel your Subscription before the end of your free trial period. Before charging you at the end of the your free trial period, we will notify you of the applicable fees.
12.7. Price Changes. We reserve the right to adjust pricing for our Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.
12.8. Additional Expenses. All paid subscription and fees for accessing the subscription features are provided on a prepaid basis. The Company is not responsible for any kind of additional expenses or expenses the User might have to cover as a result by issuing the payment order by the Company in accordance with the present Terms (for example, commissions, taxes and fees and etc.).
12.9. Accurate Information. All provided information in relation to a purchase or transaction, or any other interaction by means of the cash transactions with the Service, must be accurate, complete and current.
13. Account Closure
13.1. In order to close your Account, please visit FlashGet user center and select "delete account". Please ensure that you have canceled all subscriptions before closing your account. After closing your account, you will no longer be able to use any FlashGet services.
14. Ownership
FlashGet Network Technology and/or its Licensees retain the ownership of all rights to Services or services related, which are protected by the laws of HongKong and international copyright and other intellectual property laws and international trade regulations. You acknowledge that the Services may contain unpublished information and contain valuable business secrets exclusive to FlashGet Network Technology and/or its licensees. FlashGet Network Technology and/or its licensees retain all rights in Services not explicitly granted herein. Should You violate any part of this clause, the license granted by this Agreement and Your right to use the Services would automatically terminate.
15. Confidential Information
15.1. "Confidential Information" means any private business or technical information provided orally or in writing by the Company, including but not limited to any information related to the Company’s business secrets or proprietary technology. The aforementioned Confidential Information shall be considered confidential and proprietary. You agree to keep Confidential Information strictly confidential. You shall not use or disclose such Confidential Information to any third party unless explicitly authorized in writing by the Company.
15.2. Notwithstanding the aforementioned provisions, Confidential Information shall not include the following information:
(i) information made publicly available in a manner that does not violate the terms of this Agreement;
(ii) information independently developed by Yourself and not involving any contents of Confidential Information; or
(iii) information disclosed to You by a third party, and You are not subject to the disclosure restrictions required by that third party.
15.3. The obligations and responsibilities of the parties hereto for the Confidential Information shall remain valid until the Confidential Information becomes public domain information through legal means.
16. Indemnity
You will indemnify for and hold the Company, its parent companies, subsidiaries, Affiliates, officers, and employees harmless from any claim or demand made by any third party (including but not limited to all damages, liabilities, settlements, costs and attorneys’ fees) arising out of Your access to the Services, use of the Services in a manner violating this Agreement, or the infringement by You (including when any third party uses your Account) of any intellectual property or other rights of any person or entity.
17. Interaction with Third Parties
17.1. The Services may contain links to third party websites, services, and/or contents (together, "Third Party Services") that are not owned or controlled by the Company. When You access Third Party Services, You do so at Your own risk. You hereby represent and warrant that You have read and agree to be bound by all applicable policies of any Third Party Services relating to Your use of such services and that You will act in accordance with those policies. The Company has no control over, and assumes no responsibility for the contents, legality, accuracy, privacy policies, etc., or practices of or opinions expressed in any Third Party Services. In addition, the Company will not and cannot monitor, verify, censor or edit the contents of any Third Party Services.
17.2. By using the Services, You expressly release and hold the Company harmless from any and all liability arising from Your use of any Third Party Services. Your interactions with third parties, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are valid solely between You and such third parties.
17.3. You should conduct whatever reviews or investigations You deem necessary or appropriate before engaging in any online or offline transaction, remote transmission, control, observation, management, assistance, sharing of data, documents or equipment with any third party. You understand and agree that the Company shall not be responsible or liable for any losses or damage incurred as the result of any such behaviors.
17.4. If there is a dispute between participants on this Website, or between users and any third party, You understand and agree that the Company is under no obligation to be involved. In the event that You have a dispute with one or more other users or third parties, You hereby release the Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
18. Termination of Agreement
18.1. This Agreement shall remain in full force and effect while You use the Services. Subject to terms of this Agreement, You may terminate Your use of the Services at any time. The Company may terminate or suspend Your access to the Services or Your membership/user status at any time for any reason without warning, which may result in the forfeiture and destruction of all information associated with Your membership/user status.
18.2. The Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if You breach any of the terms or conditions of this Agreement.
18.3. Upon the expiration/termination of Your Account, Your right to use the Services, access the Website, and any Contents will immediately terminate.
18.4. The following provisions of this Agreement which, by their nature should survive termination, shall survive termination: ownership provisions, confidential provisions, warranty disclaimers, and limitation of liability.
19. Warranty Disclaimer
19.1. You understand and agree that the Company has no special relationship with or fiduciary duty to You. You understand and agree that the Company has no control over, and no duty to take any action regarding:
(i) which users could gain access to the Services;
(ii) what Contents You access via the Services;
(iii) what effects the Contents may have on You;
(iv) how You may interpret or use the Contents; or
(v) what actions You may take as a result of having been exposed to the Contents.
You release the Company from all liability for the Contents You have or have not acquired through the Services.
19.2. You understand and agree that the Company makes no representations or warranties with respect to any Contents contained in or accessed through the Services and shall not be liable for any of the foregoing Contents, including but not limited to any errors, omissions, the legality, legitimacy of any Contents, or any losses or damage arising from the use or disclosure of any Contents.
19.3. You understand and agree that all information publicly published or privately transmitted through our services shall be solely on the responsibility of the person who publishes or transmits such contents, and the Company shall not be responsible for the accuracy and authenticity of such information;You also understand and agree that the Company cannot guarantee the identity of any other user with whom You may interact during the use of the Services and that the Company cannot guarantee the authenticity of any information that such user may provide about themselves;You understand and agree that all risks that may arise from Your use of the our Services are at Your own risk and that You will be solely responsible for any damage or losses that may result therefrom.
19.4. You understand and agree that the Company makes no representations or warranties regarding suggestions or recommendations You receive through the Services for purchasing other services or products. The services, contents, websites and any software are provided on an "as is" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.
19.5. You are responsible for any losses, damage and liability due to reasons attributable to Yourself, and the Company is not responsible or liable for that. These include but are not limited to:
(i) losses, damage or liability caused by Your failure to obey rules in this Agreement or operate by instructions;
(ii) occasions when Your Account is disabled, lost, or banned;
(iii) losses and liability caused by the third-party payment institution account You bind, including when You use an unauthenticated third-party payment account, when You use a third-party payment account other than Your own, and when Your third-party payment account is frozen, seized, etc.;
(iv) property losses caused by Your telling Your password to others;
(v) losses and liability caused by Your login or use of others’ FlashGet account(s) or password(s);
(vi) other property losses due to Your intent or gross negligence.
However, to ensure Your good experience while using our services, We are available for necessary assistance within the scope of our capability. You can contact Us immediately in the aforementioned circumstances for necessary assistance.
19.6. We are not liable for damages in the following cases when our products and services fail to function properly which disable Your access to Services or cause the loss of any virtual property, files, data, etc. Such cases include but are not limited to:
(i) losses due to Your improper operation during the notified by Us downtime for maintenance, upgrade and adjustment of the system;
(ii) failure of data transmission or normal service delivery due to malfunction of telecommunications or equipment;
(iii) failure of functioning of our products or services are caused by Force Majeure such as typhoons, earthquakes, tsunamis, floods, power failures, wars, terrorist attacks, government regulation, etc.
(iv) loss of Your Account or the data in Your Account, interruption or delay of service caused by hacker attacks, technical adjustment or malfunction of the telecommunications department, website upgrades, system instability, Force Majeure (e.g. server crash) and problems of related third parties;
(v) other conditions that cannot be attributed to the Company.
19.7. Limitation of Liability
To the fullest extent allowed by applicable law, in no event shall the Company or its suppliers, distributors, agents and their respective shareholders, officers, directors, employees, or agents take the following responsibilities with respect to the Website or the Services or the subject matter of this Agreement for negligence, tort, strict liability or other legal or equitable theory:
(i) any indirect, incidental, punitive, or consequential damages of any kind whatsoever;
(ii) data loss or cost of procurement of substitute goods or services; or
(iii) any responsibility arising out of matter beyond the Company’s reasonable control.
20. Miscellaneous
20.1. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
20.2. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including but not limited to mechanical, electronic or communications failure or degradation (including "line-noise" interference), natural disasters such as floods, earthquakes, epidemics and storms, as well as social events such as wars, unrest, government actions and so on.
20.3. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
20.4. This Agreement is not assignable, transferable or sublicensable by You except with the Company’s prior written consent. The Company may transfer, assign or delegate its rights and obligations under this Agreement without Your consent.
20.5. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other memorandum of understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind the Company in any respect whatsoever.
20.6. Headings for each section have been included above for Your convenience, but such headings do not have any legal meaning, and may not accurately reflect the contents of the provisions they precede.
20.7. The conclusion, entry into force, interpretation, amendment, supplement, execution, suspension, termination and dispute settlement of this Agreement shall be governed by and construed in accordance with the laws of the Republic of HongKong; if there are no relevant provisions in the law, reference shall be made to commercial practices and/or industrial practices.
20.8. The disputes arising out of or in connection with Your use of our services will be resolved through friendly consultation between You and Us. If the dispute cannot be resolved through consultation, such disputes shall be referred to and finally resolved by arbitration administered by the HongKong International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the HongKong International Arbitration Centre（SIAC Rules） in force when the Notice of Arbitration is submitted. The seat of arbitration shall be HongKong.
20.9. FlashGet Network Technology reserves the right of final interpretation of this Agreement.
21. Changes to This Terms of Service
21.1. The Company may, at its sole discretion, modify or update these Terms, from time to time, and, therefore, you should periodically check this page. We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Service. Your further use of the Service after any of such change applying constitutes your acceptance of the new Terms of Service.
21.2. These Terms, together with any changes and any additional agreements that you may into with the Company regarding the Service use, constitutes the entire agreement between you and the Company in relation to the Service. If any provision of this Agreement is considered invalid by a court of competent jurisdiction, the invalidity of such provision does not affect the validity of the remaining provisions of this Agreement, which remain in full force and effect.
22.Contact Us
If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@flashget.com