FLASHBATTLES™ TERMS AND CONDITIONS ARE A LEGALLY-BINDING AGREEMENT BETWEEN FLASHBATTLES, LLC™ AND EACH PERSON WHO ACCESSES FLASHBATTLES.COM™. THIS AGREEMENT PROVIDES FOR BINDING ARBITRATION OF DISPUTES AND A WAIVER OF JURY RIGHTS AND CLASS ACTION RIGHTS.
Last Updated: August 20, 2018
1. YOU MAY BE OBLIGATED TO PAY TAXES ON PRIZES THAT YOU WIN.
When we offer merchandise or retail services for purchase through FLASHBATTLES.COM™ , the prices that we quote for these sales are not final undiy the sale is final and the purchaser has paid in full. At any time before that, we have and reserve the prerogative to adjust prices and terms of sale, and to withdraw offers of sale.
3. PRODUCT WARRANTIES
Consumer produces that are sourced from manufacturers or businesses other than FlashBattles, LLC™ may come to you with the product warranty provided by the manufacturer or other source. However, FLASHBATTLES, LLC ™ITSELF MAKES NO WARRANTY AND DISCLAIMS ALL WARRANTIES OF EVERY KIND. WE DISCLAIM ALL WARRANTIES THAT SUCH PRODUCTS ARE NON-INFRINGING OR MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES THAT IN THE ABSENCE OF A DISCLAIMER WOULD BE IMPLIED BY LAW.
4. PRODUCT AND PRIZE DELIVERIES; RISK OF LOSS IN TRANSIT
When we deliver a product or prize to you, any duty that we have to make the delivery is discharged fully by our delivery of the item for shipment, with shipment charges prepaid, to a common carrier or governmental postal service, and consigned or as applicable addressed to your address contained in our records. Delay in transit and damage in transit are your risk.
5. FROM TIME TO TIME WE MAY CHANGE THE GOODS, SERVICES AND TERMS WE OFFER.
We have and reserve the right to do so. We may change our product, service and contest offerings. We may change our policies and rules, including this FLASHBATTLES.COM™ terms and conditions of use. We may change the hours when you can access FLASHBATTLES.COM™ or the software or equipment that you need to do so. As mentioned, we may change the prices quoted for products and services that we sell. We are not obligated to provide prior notification of any of these changes; but as to this Terms and Conditions Agreement itself, we display it with an update notice at the top. You can check the date of the latest revision near the top of this Agreement document each time you access FLASHBATTLES.COM™ . That way, if you see a change in the “last revised” date, you can know to again review this Agreement document. No change of the general kind mentioned in this paragraph will be a violation of your rights under this Terms and Conditions Agreement.
6. WHO IS ALLOWED TO COMPETE IN OUR CONTESTS.
Often, we conduct contests and promotional games. Some require payment of an entry fee. Others don’t. Some involve an offer of a prize (cash and/or merchandise). Others involve just score or winner announcements and no value to which a price can be attached, as a prize. We endeavor to provide that in contests that require an entry fee, winner determination is only by the skill of the participant or the comparative skill of the participants.
To be eligible to compete for a prize of value in a contest in which an entry fee is required, you have to be at least 18 years old when you participate and you have to participate from a place where it is lawful to do so. For participation within the United States of America and Canada, we accept participation in such contests from every location except within Arizona, Connecticut, Maryland and Quebec.
Also, you are not eligible to receive a prize if you win one of these contests unless you are the registered owner of the email address in your account with an Internet service provider and participate in the contest only from the account that you own. Of course, agents and employees of FlashBattles, LLC™ and its contractors and advertisers are not eligible to compete in these contests or win prizes; and in any event, no prize will be awarded knowingly if doing so would break the law. Don’t forget, too, that FLASHBATTLES.COM™ has and reserves the plenary right to disqualify and/or block from participation anyone who we believe doesn’t comply with our eligibility or other rules, terms and conditions, and our decisions on disqualification and/or blocking will be final. Some reasons for disqualification include: (a) misrepresenting your of eligibility, (b) trying to impair or change the function of the FlashBattles.com™ web site or any other web site to which FlashBattles.com supplies a link, (c) failure to supply to us within 30 days of our request, an affidavit or declaration of eligibility legally sufficient in the jurisdiction where you participated in an won a contest and in form that is satisfactory to us, (d) use of any of our message boards inconsistently with our message board guidelines, (e) using multiple email addresses to compete in one of our contests or promotions. This is not a complete list of the reasons for which we may disqualify or block a contestant. We reserve the authority to disqualify or block for no reason at all. Our ultimate objective is to conduct fair and honest competitions and promotions while preserving their integrity and our goodwill and reputation.
Our competitions that require an entry fee and involve an offer of value to winners are sponsored by the business disclosed in the rules of the contest or if there is no such disclosure, by Flashbattles, LLC™, c/o Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Delaware 19958-9776 (U.S.A.). Each contest has its contest-specific rules that you need to know. We maintain a list of the contests that you can enter when you are reading this document together with the rules of each and any supplementary sponsorship disclosures.
A skill-based competition that is free to participate (that is, no entry fee) is open to all who are at least eighteen years old when participating if value is offered as a prize, and at least thirteen years old if no value is awarded as a prize, subject however to the following eligibility exceptions. Participation from Arizona is not allowed if there is a prize offer. Participation from Florida and New York is not allowed if the total prize pool for the individual contest is more than $5,000. Participation from Quebec is not allowed at all. Participation from jurisdictions outside of the United States of America and Canada is subject to our policy stated above that at our discretion, the winner of a prize must substantiate to our satisfaction that the award of the prize is lawful in the jurisdiction where the winner participated. YOU NEED TO BE AWARE THAT ANY ATTEMPT TO DAMAGE OUR WEBSITE MAY BE A CRIMINAL OFFENSE. HACKERS ARE AND WILL BE PROSECUTED.
7. IF THERE IS A DISPUTE IT HAS TO BE SETTLED BY COMPULSORY, BINDING ARBITRATION, NOT BY A COURT OF LAW AND NOT BY A JURY.
BY ACCESSING FLASHBATTLES.COM™ YOU HAVE AGREED TO WAIVE YOUR RIGHT TO HAVE ANY DISPUTE BETWEEN YOURSELF AND US DECIDED BY A JURY. PLEASE READ ON. CAREFULLY. This is an agreement to arbitrate disputes (“Disputes”). This agreement applies to all Disputes between FlashBattles.com™ and you or any other person who uses our website. If you have a Dispute with us, you have to contact our Customer Support Department at [email protected] and provide a full statement in writing of all of the details and the remedy to which you believe you are entitled. If you don’t do this within 60 days after you became aware of the facts that underlie your Dispute, then you won’t be entitled to arbitration and you will have lost your remedy. For our part, we will be attentive to your statement and notify you via email to your email address regarding our assessment of it. (Keep in mind that while in these terms and conditions we don’t make any outcome promises, we are not in business to garner a following of dissatisfied customers to whose legitimate Disputes we have responded inappropriately.) If we don’t resolve your Dispute to mutual acceptance by 30 days after our Customer Support Department receives your full statement in writing, then we or you may start a binding arbitration proceeding: binding arbitration will be the sole formal, adversarial means to resolve the Dispute. This includes all claims that may have arisen or relate to the interpretation, enforcement, performance or breach of these or any other terms and conditions of use of the FlashBattles.com™ web site, the legal relationship, duties or rights between FlashBattles.com™ or FlashBattles, LLC™ and you or any other person or entity. The arbitration will be administered under the United States Federal Arbitration Act and our choice of the Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, but in any case not under any rules or procedures that govern or allow class actions. The arbitrator will be the only person with authority to resolve all such Disputes. The arbitrator will have the authority to award any legal or equitable relief that a court of record could award, even as to whether this Agreement is partially or wholly void. The site of arbitrations in which the complaining party resides in the United States of America will be any reasonable municipality that is convenient to the complaining party. For complaining parties who reside outside of the United States of America, the site of the arbitration will be Delaware County, Delaware, United States of America, and
8. YOU DON’T HAVE A RIGHT TO BE A REPRESENTATIVE PLAINTIFF OR PLAINTIFF BENEFICIARY IN A CLASS ACTION.
It is a condition of the Agreement that is comprised of these Terms and Conditions and the other terms and policies of FlashBattles.com™ or FlashBattles, LLC related to it and disclosed on or referred to in FlashBattles.com™ , that by accessing FlashBattles.com™ you have agreed not only to waive jury determination of disputes and to resolve disputes involving FlashBattles.com™ or FlashBattles, LLC ™ only by individual proceedings and not by class action.
9. WHAT LAWS APPLY TO THIS AGREEMENT?
All federal laws of the united States of America mentioned in this Agreement apply to it. As to the interpretation and enforcement of this Agreement, and any claims against FlashBattles.com™ or FlashBattles, LLC , (interpretation, claims for breach, and consumer protection, unfair competition, and tort claims, to name a few theories of recovery) they are to be determined under the laws of the State of Delaware, United States of America, regardless of any conflict of law rules.
10. WE ARE NOT RESPONSIBLE FOR MAINTAINING THE COMPUTER SYSTEM AND CONNECTIONS BY WHICH YOU ACCESS AND USE FLASHBATTLES.COM™
Your maintenance and any repair is at your sole cost and expense. We aren’t responsible for this.
11. THE SERVICES THAT WE PROVIDE.
We endeavor to provide an online content package that you will like. This includes contests, forums and programming. Technical difficulties are an ever-present risk of providing such services over the Internet and using them via the Internet. This is why we provide these services (and you agree by accessing them) that they are offered and accepted on an as-available and as-is basis. We don’t accept liability (and disclaim liability for) certain risks that are inherent in the medium through which we publish our content and provide our services. Some of the accepted risks are cause loss of data. Opinions expressed by persons other than FlashBattles.com™ or FlashBattles, LLC are not our opinions even though published via our website, and we don’t endorse them or vouch for their accuracy. This goes for content to which you may be exposed by using a hyperlink on our web site and content of web sites other than our own, on which we advertise. .
12. WHEN YOU CONNECT WITH FLASHBATTLES.COM™ ··· WHAT IS PROHIBITED
The personal information that you input when registering and using the web site has to be complete, accurate and truthful. You are not allowed to use the FlashBattles.com™ web site for an unlawful purpose. Your use of message boards and the like is at your own risk. This is our web site, so we decide what is an acceptable use and what is not. Here is a partial list of what we will consider an unacceptable and therefore prohibited use of our web site:
- transmitting to or through the FlashBattles.com™ website any content that may be defamatory or pornographic, indecent, lewd, calculated or tending to to disparage any person, product or business, harass or threaten or to promote racism or other forms of hatred, impersonating as to any person or entity, violates the privacy or publicity rights of any person or entity, misrepresents your affiliation with any person, government or other or entity, is fraudulent, is, encourages or constitutes instructions regarding any criminal offense, contains personal identifying information of any person, or infringes upon any copyright, trade mark, trade secret, proprietary right or other intellectual property right of any person or entity;
- transmitting to or through the FlashBattles.com™ website any malware, ransomware or spyware, or transmissions that contain software viruses, corrupted data or other harmful, disruptive or destructive files;
- transmissions that contain advertisement, unsolicited offers, promotional materials, pyramid schemes, bulk mailing, charity requests, signature petitions, or promotional giveaways;
- removal, circumvention, disabling or interfering with security-related features of the FlashBattles.com™ website;
- reverse engineering, disassembly, decompiling and all other activities related to discovery of source code used in connection with the FlashBattles.com™ website;
- actual or attempted modification, adaptation, creation of derivative works (all) based upon the FlashBattles.com™ website;
- the use of any so-called robot, spider, scraper, crawler, or other automated means to access the FlashBattles.com™ website, or to participate in any competition or promotion distributed through the FlashBattles.com™ website.
DON’T DO THESE THINGS WHEN YOU ACCESS OUR WEBSITE. SOME OF THESE ACTIVITIES COULD EXPOSE YOU TO CIVIL LIABILITY OR CRIMINAL PROSECUTION. WE DON’T HAVE OR ACCEPT ANY DUTY TO REMOVE PROHIBITED CONTENT, BUT WE HAVE AND RESERVE THE ABSOLUTE RIGHT TO REMOVE ANY CONTENT FOR ANY REASON AND/OR IN THE ABSENCE OF A REASON. WE DON’T PRE-SCREEN CONTENT UPLOADED BY OUR CUSTOMERS AND DON’T ACCEPT LIABILITY IF YOU ARE EXPOSED TO PROHIBITED “THIRD-PARTY” CONTENT OR CONTENT THAT OFFENDS OR DAMAGES YOU THAT IS UPLOADED BY OTHER USERS OF THE FLASHBATTLES.COM™ WEBSITE .
13. TRADE MARKS, COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY.
All content, trademarks and other proprietary materials and/or information on the FlashBattles.com™ website, are protected by the universe of laws that protect the exclusive rights of intellectual property owners. This class of property includes copyrights, trade dress, patents, trademarks. The laws that protect these rights are United States laws and laws of other countries, as well as, international conventions. Some protect the owners of intellectual property by prociding significant criminal penalties and damages multiples and other statutory damages in cases of infringement. If you are not a resident of the United States of America or Canada, it is still likely that the law of your country protects the exclusive rights of intellectual property owners and provides for penalties and remedies that are comparable to those characterized here. Some of the intellectual property that is covered by these laws (as examples, not a complete list) is logos, the visual interfaces, graphics, designs, compilations, information, software, computer code (including both source code and object code), services, text, pictures, photos, video, music, data, sound files, other files and the selection and arrangement of all of them, and all other materials (collectively, the “Materials”). INFRINGERS, BEWARE! FlashBattles, LLC™ (together with its subsidiaries, affiliated companies and third-party licensors) own all rights, title and interest to all copyrights, in and to any and all Materials displayed, published or performed on the FlashBattles.com™ website; provided that third-party intellectual property so displayed, & c is with the permission of the third-party owners. The FlashBattles.com™ website is a collective work under copyright laws. FlashBattles, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, (other than third-party content used by permission) as well as in the content original to this collective work. All Materials contained in the FlashBattles.com™ website are the proprietary property of FlashBattles.com™, FlashBattles, LLC, its subsidiaries or affiliated companies and/or third-party licensors. FlashBattles.com,™and FlashBattle™ logos (the “FlashBattles Marks”)are the exclusive property of FlashBattles, LLC and are protected by trade dress and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including laws of the country where you live). FlashBattles, LLC expressly reserves all rights, including, without limitation, all trademark rights, in and to the FlashBattles™ Marks. Except as expressly noted in this Agreement, all other trademarks that are displayed on the FlashBattles.com™ website are the exclusive property of FlashBattles, LLC, affiliates of FlashBattles, LLC™, or their respective owners. Unless otherwise agreed in writing by FlashBattles, LLC™ , you agree that nothing in this Agreement gives you a right to use any of the FlashBattles Marks or any of the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features used or displayed on the FlashBattles.com™ website. Unless otherwise expressly agreed in writing by FlashBattles, LLC™ , you are granted only a limited, non-exclusive, terminable, non-sublicensable license (i.e. a personal and limited right) to access and use the Flashbattles.com™ website for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the FlashBattles™ website and/or the Materials by accessing or otherwise using the Flashbattles website. This license is subject to this Agreement and does not include any right to do any of the following: (a) any resale or commercial use of the Materials; (b) the distribution, public performance or public display of any Materials; (c) modifying, publishing, transmitting, participating in the transfer or sale of, creating or otherwise making any derivative uses of the Materials, or any portion of them, or in any other way exploiting any of the Materials, in whole or in part; (d) using any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Materials or any information contained in them, except as expressly permitted; or (f) any use of the Flashbattles™ website or the Materials except for their intended purposes. Except as otherwise permitted as “fair use” under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of the Materials will be permitted without the express written permission of FlashBattles, LLC™ and any other applicable copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Any use of the Materials except as specifically authorized in this Agreement, without the prior written permission of FlashBattles, LLC™ , is strictly prohibited. Any failure by yourself, solely or on combination with others to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in this Agreement, nothing in this Agreement shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. The license granted to you under this Agreement may be terminated by FlashBattles, LLC™ at any time, in its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by FlashBattles, LLC.™
14. FlashBattles, LLC™ MAKES NO WARRANTIES; ITS LIABILITY IS LIMITED
USE OF THE FLASHBATTLES.COM™ WEBSITE, OR ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE FLASHBATTLES.COM™ WEBSITE IS AT YOUR SOLE RISK. NEITHER FlashBattles, LLC NOR ITS AFFILIATED COMPANIES, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “FLASHBATTLE PARTIES”) WARRANT THAT THE FLASHBATTLES.COM™ WEBSITE, ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE FLASHBATTLES.COM™ WEBSITE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FLASHBATTLES.COM™ WEBSITE, OR OF ANY PRODUCT, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH THE FLASHBATTLES.COM™ WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE FLASHBATTLES.COM™ WEBSITE. ANY CONTENT, ARTWORK OR TEXT DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE FLASHBATTLES.COM™ WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF ANY SUCH CONTENT, ARTWORK OR TEXT OR ACCOMPANYING DOWNLOAD MATERIAL.
FlashBattles, LLC DOES NOT REPRESENT OR WARRANT THAT THE FLASHBATTLES.COM™ WEBSITE OR ANY SOFTWARE PRODUCT OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FlashBattles, LLC OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
16. SOME CONSEQUENCES OF MISUSE OF THE FLASHbATTLES.COM™ WEB SITE
You agree to defend, indemnify and hold harmless the FlashBattles™ Parties and their respective suppliers, licensors and partners from and against any and all claims, liabilities and expenses, including legal fees and defense and investigation expenses, resulting from or arising out any of: (a) any prohibited use of the Flashbattles.com™ website by yourself acting alone or in concert with others; (b) a violation of any intellectual property law or other law that applies to the use of the Flashbattles.com™ website by yourself acting alone or in concert with others,; and (c) any content that you post, store or otherwise transmit in or through the Flashbattles.com™ website. FlashBattles, LLC shall have and does reserve reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify the FlashBattles Parties or any of them , and you shall be obligated to cooperate with this defense; the defense and your cooperation shall be at your sole cost and expense.
17. HOW TO UNSUBSCRIBE
You may unsubscribe at any time. To do so, send an unsubscribe request to us at [email protected] When we receive your unsubscribe notice, we will process your request within a reasonable time after receipt. You may unsubscribe from any platinum membership at any time by going to accounts.flashbattles.com/account/membership and canceling the auto-renew on your membership.
18. WE CAN TERMINATE YOUR ACCOUNT
FlashBattles, LLC has the absolute right (and reserves that right) reserves the right, without limitation, without notice, and in our sole discretion, to terminate your license to use the FLASHBATTLES.COM™ website and your accounts and passwords related to it. We reserve the right to do so at any time, without prior notice and without a reason to do so. We also have the prerogative to block or prevent your future access to and use of the FlashBattles.com™ website. This Agreement will survive termination of your account with the FlashBattles.com™ website
19. NO EXPECTATION OF PRIVACY.
Chat text and voice communications over the FlashBattles.com™ website are neither secure nor private. Using these facilities, you have no reason to expect privacy.
20. RIGHTS AND PROCEDURES UNDER THE U.S.A. DIGITAL MILLENNIUM COPYRIGHT ACT.
If you believe that a work of authorship to which you own the rights has been posted or displayed on the FlashBattles.com™ website in a way that constitutes copyright infringement,, you should notify FlashBattles, LLC of your infringement allegation in accordance with the procedure below.
FlashBattles, LLC will process and investigate notices of alleged infringement and will take appropriate actions under the United States Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of alleged copyright infringement may be emailed to the FlashBattles, LLC Copyright Agent at: [email protected] (Subject Line: "DMCA Takedown Request"). You may also send your takedown request by United States Postal Service, Federal Express or United Parcel Service to:
FlashBattles, LLC (Attention: DMCA Takedown Request) c/o Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Delaware 19958-9776 (U.S.A.).
To be effective, the notification must be in writing and contain the following information:
An electronic or manual signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest regarding which the allegation is made; A description of the copyrighted work or other intellectual property that you claim has been infringed: A description of where the material that you allege is infringing is located the FlashBattles.com™ website , with enough detail that we may find it on the FlashBattles.com™ website ; Your physical mailing address, telephone number and email address; Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; Your statement , made under penalty of perjury, that the above information in your Notice is accurate and that you are or represent the copyright to intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner. Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the FlashBattles.com™ website, you may send to our Copyright Agent a written counter-notice containing the following information:
Your manual or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and Your name, physical address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Delaware, U.S.A. and a statement that you will accept service of process of that court upon the suit of the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, FlashBattles, LLC will send a copy of the counter-notice to the original complaining party informing that person that the Sponsor may replace the removed content or cease disabling it in ten (10) business days. Unless the complaining copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in fourteen (14) days or more after receipt of the counter-notice, at our sole discretion.
Please note that the United States Digital Millennium Copyright Act provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
Repeat Infringer policy: In accordance with the DMCA and other applicable law, FlashBattles, LLC has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of FlashBattles, LLC, the account and access to the FlashBattles.com™ website of users who are deemed to be repeat infringers. FlashBattles, LLC may also at its sole discretion limit access to the FlashBattles.com™ website and/or terminate the participation of any users (Participants) who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
21. OTHER PROVISIONS
You warrant, represent, acknowledge and agree that you have and understand this Agreement, including, without limitation, all other provisions displayed on the FlashBattles.com™ website and applicable to use of the FlashBattles.com™ website. This includes and is not limited to, any supplemental terms that govern contests, offered in connection with the FlashBattles.com™ website. . Together these provisions are the entire agreement of the parties with respect to the FlashBattles.com™ website and its use, and supersede any previous written or oral agreements between the parties with respect to general and specific subject matter of this Agreement. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by any consumer but the FlashBattles Parties may assign this Agreement or any part of this Agreement without restriction or notice. The provisions of this Agreement will be deemed severable: any unenforceability of any one or more provisions will not affect the enforceability of any other provisions or of this Agreement as a whole. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. Any failure by FlashBattles, LLC to partially or fully exercise any rights or any waiver of your breach of this Agreement shall not prevent a subsequent exercise of such right by FlashBattles, LLC or be deemed a waiver by FlashBattles, LLC of any subsequent breach of the same or any other term of this Agreement. The rights and remedies of FlashBattles, LLC under this Agreement shall be cumulative. The exercise of any such right or remedy shall not limit the right of FlashBattles, LLC to exercise any other right or remedy. The section headings used in this Agreement are for convenience only and shall not be given any legal import.
Questions: Should you have any questions regarding this Agreement you may contact us through the FlashBattles.com™ website or e-mail [email protected]
22. AMENDMENTS TO THIS AGREEMENT
From time to time, FlashBattles, LLC may need to amend this Agreement, for example to reflect or include new products or services, to enhance security for users or because of changes in the law. If FlashBattles, LLC makes such a change to this Agreement we will inform you of the particular changes in advance via e-mail no later than thirty (30) calendar days before such changes come into force and you shall be deemed to have accepted these changes (i) unless you have notified us of your objection to such changes within thirty (30) calendar days from the moment of receipt the e-mail notification from us, or (ii) if you use the FlashBattles.com™ website after the changes have entered into force. In the e-mail notification, we will inform you of your right to object, of the applicable notice period and the legal consequences of a failure to object.
The latest version of this Agreement will always be available on our website, so we recommend that you check for updates to this Agreement each time you use the FlashBattles.com™ website. Changes to the Agreement shall not affect your accrued rights, shall not substantially disrupt the contractual balance between you and us under this Agreement and shall not have retroactive effect.
23. THIRD-PARTY TRADE MARKS
All rights reserved. Xbox and Xbox One are registered trademarks of Microsoft Corporation. Microsoft Corporation is not affiliated with the FlashBattles.com™ website. PlayStation and PlayStation 4 are registered trademarks of Sony Computer Entertainment. Sony Computer Entertainment is not affiliated with the FlashBattles.com™ website. All other trademarks are the property of their respective owners.
- COMPLIANCE UNDER THE LAW APPLICABLE WHERE YOU ACCESS FLASHBATTLES.COM™ By use of our Web Site You have the opportunity to participate in skill‐based competitions. Some may require You to pay an entry fee in order to participate. Some may include an offer of payment to winners as a premium. ALL CONTESTS, TOURNAMENTS, COMPETITIONS AND SWEEPSTAKES ARE VOID AS TO PARTICIPATION IN ANY COUNTRY WHICH PROHIBITS OR RESTRICTS SUCH ACTIVITIES. By Your act of registering on the Web Site or participating in any such activity You warrant and represent for reliance by Flashbattles, LLC and all affiliates of Flash Battles, LLC together with that of their respective agents and employees, that You have checked the laws of the country (or other applicable jurisdiction) from which you access Flashbattles.com™, and that with good reason You understand that such activities are not prohibited or restricted by the applicable law. You will not be entitled to any prize or refund if the applicable law prohibits or restricts your participation in these activities. In any event, You access and use Flashbattles.com™ at your own sole risk and acknowledge that Flash Battles, LLC makes no warranty regarding compliance under the law if Your country or jurisdiction, of any content accessible on or through FLASHBATTLES.COM™ and that no representative of Flash Battles LLC or of any affiliate of Flash Battles, LLC has authority to make such a warranty.
- TAXES. It is Your obligation (and not that of Flash Battles, LLC) to pay all taxes imposed upon You or upon Your purchase of any property or service, by any taxing authority and to prepare and file all returns and reports required by the country or other jurisdiction where You reside or from where You access FLASHBATTLES.COM™. ”Taxes” include (but ”Taxes” is not limited to) import duties, value added taxes, and taxes on prizes awarded to You for any use of Flashbattles.com™.
- SALES OF PROPERTY. From time We may offer for sale, goods or services that are advertised or posted on our Web Site. The prices charged for them are subject to change as to all sales not final and fully paid at the time of the price revision. As to all tangible goods (or intellectual property fixed in a tangible medium) that You may buy, (a) to the fullest extent allowed by applicable law WE MAKE NO WARRANTY THAT THE PRODUCT IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGING, AND WE DISCLAIM ALL SUCH WARRANTIES AS MAY BE IMPLIED OR REQUIRED BY THE LAW OF ANY JURISDICTION, and (b) we shall be deemed to have fully performed our duty to deliver the goods when we deliver the goods to a common carrier, freight prepaid (or to a governmental postal service, postage prepaid) for shipment to You at the address that you supplied to us; it being understood that you bear the entire risk of loss or damage in transit, mis-delivery and non-delivery of the goods that You may buy from us. Prior to shipment we have the right to cancel any order and refund any payment based on a mistaken price quote on Flashbattles.com™.