This Agreement describes the terms on which you may access and use AskMeFlash service and website (AskMeFlash or the “Services”). By accessing or using our web site at AskMeFlash.com, you agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of AskMeFlash.
The Services that AskMeFlash provides are always evolving and the nature of the Services may change from time to time without prior notice to you. We also reserve the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Membership in the Services is void where prohibited. The Services are not available to people under the age of 13 or to any users suspended or removed from the system by AskMeFlash for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring their AskMeFlash account to another party. If you do not qualify, you may not use the AskMeFlash Service.
You may use the Services only if you agree to comply with these Terms and all applicable local, state, national, and international laws, rules and regulations including but not limited to rules regarding online conduct and acceptable content.
You are entirely responsible for your use of the Services, for any question, application, tutorial or article (“the Content”) you post to the Services, and for any consequences thereof. The Content you post will be available for view to other users of the Services and through third party services and websites. You should only provide Content that you are willing to share with others under these Terms. In using AskMeFlash you agree that the Content submitted through your account or otherwise transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You also agree not to use the Services or the Site to:
Advertisements
The Services may include advertisements, which may be targeted to the Content or information on the Services, or other information. The types and extent of advertising by AskMeFlash on the Services are subject to change. In consideration for AskMeFlash granting you access to and use of the Services, you agree that AskMeFlash and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Use of the AskMeFlash Service is subject to our Privacy Policy, which governs our collection and use of information provided by you. You understand that through your use of the Services you agree to the collection and use of this information, including its transfer to the United States and/or other countries for storage and use by AskMeFlash.
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless AskMeFlash, its officers, employees, agents, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the AskMeFlash Service; ii) unauthorized access to or alteration of your communications with or through the AskMeFlash Service, or iii) any other matter relating to the AskMeFlash Service. Any business transactions which may arise between users from their use of AskMeFlash are the sole responsibility of the users involved.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that AskMeFlash may disclose personal information if required required by law or to comply with a court order, ongoing judicial proceeding or to address fraud, security or technical issues; or to exercise our legal rights or defend against legal claims.
Registration Details and Account Security
In consideration of your use of the Site, you agree to (a) provide accurate and current information about you as may be prompted by any forms on the Site; (b) update the Registration details, and profile information you provide to AskMeFlash, to keep it accurate, and current and (c) you are responsible for safeguarding your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. AskMeFlash cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. In addition you cannot:
You are solely responsible for all the Content that you post whether publicly or privately. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. You retain your rights to any Content you submit, post or display on or through the Services.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will AskMeFlash be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You also hereby grant each user of the Services, a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, and display such Content as permitted through the functionality of the Site and under these Terms of Service. You agree that this license includes the right for AskMeFlash to make such Content available to other companies, organizations or individuals who partner with AskMeFlash for the broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
We may modify your Content in order to display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to adapt that Content to any requirements of any networks, services or media.
We reserve the right at all times to remove any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is required by law or to comply with a court order, ongoing judicial proceeding or to address fraud, security or technical issues; or to exercise our legal rights or defend against legal claims, or respond to user support requests.
We respect the intellectual property rights of others and expect users of the Services to do the same. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Third Party Websites, Links and Content
The Site contains links to other web sites as well as articles, text, graphics, pictures, designs, presentations, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. Such Third Party Sites or Third Party Applications, Software or Content are not investigated, or checked for accuracy, appropriateness, or completeness by us. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Disclaimer of Warranties
You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis and that AskMeFlash disclaim all responsibility and liability for the accuracy, availability, completeness, timeliness, security or reliability of the Services or any content thereon. Your access to and use of the Services or any Content is at your own risk. ASKMEFLASH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. AskMeFlash will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that AskMeFlash has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from AskMeFlash or through the Services, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASKMEFLASH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ASKMEFLASH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In no event will AskMeFlash’s total cumulative damages exceed US$50.
The failure of AskMeFlash to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Governing Law
The User Agreement between you and AskMeFlash will be governed by, and construed in accordance with the laws of the State of North Carolina without regard to conflict of laws principles.
These Terms and our Privacy Policy are the entire and exclusive agreement between AskMeFlash and you regarding the Services and these Terms supersede and replace any prior agreements between AskMeFlash and you regarding the Services.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting the amended terms on this website. Your continued use of the Site indicates your acceptance of the amended Agreement.