FlashBack Connect Terms and Conditions
These are our terms and conditions, which apply to everyone who uses FlashBack Connect.
If you do not agree to any of these Terms and Conditions, please discontinue your use of FlashBack Connect.
Your Acceptance of our Terms and Conditions
FlashBack Connect ("the Service") is provided by Blueberry Software Limited ("we" or "us") on Terms and Conditions set out below (the "Terms"). We may update these terms from time to time by uploading the amended version to the FlashBack Connect website but without notifying you directly. If you continue to use the Service following an update to the Terms you will be deemed to have accepted the changes.
You confirm that you are at least 13 years of age and that there is no legal reason why you are prevented or restricted from using the Service.
Access to the Service may be illegal or restricted in certain jurisdictions outside the United Kingdom. It is your responsibility to make sure that your use of the Service is not prohibited by law in your own jurisdiction and to comply with any local restrictions which apply.
Registration
By registering to use the Service, you agree that you will: (i) provide true, accurate, current and complete information about yourself as part of the registration process and (ii) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of the Service.
As part of the Service's registration process you will be required to create a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this section.
Billing
The service is free of charge while operating within the default storage quota of 10Gb. Accounts requiring more than this default can have their quota raised on request. Should an account require significantly more than the default, we will negotiate a charge that covers our storage and bandwidth costs.
Disclaimer
The Service is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, we make no warranties, express or implied, in relation to your use of the Service including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
We make no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, and (iii) any errors in the software will be corrected.
Your use of any content or services obtained from the Service is at your sole discretion and risk.
No advice or information, whether oral or written, obtained by you through or from Blueberry Software Limited shall create any warranty not expressly stated in these Terms.
Security
In no event will Blueberry Software Limited, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Blueberry Software Limited under this agreement during the twelve (12) month period prior to the cause of action.
Blueberry Software Limited shall have no liability for any failure or delay due to matters beyond their reasonable control.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this section may not apply to you.
Restrictions
You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; or (iii) remove or obscure any proprietary notices on the Service. Blueberry Software Limited shall own all title, ownership rights, and intellectual property rights in and to FlashBack Connect, and any copies or portions thereof.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service website interface. Blueberry Software Limited reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Blueberry Software Limited server, by hacking, password "mining", or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Blueberry Software Limited's systems or networks, or any systems or networks connected to the Service or Blueberry Software Limited's systems or networks.
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or with any other person's use of the Service.
You shall not use the Service for any purpose that is unlawful or prohibited by this Agreement.
Blueberry Software Limited reserves the right to bar any restricted activity outlined above and to disable the accounts of any users engaging in such activities.
Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography;
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Exploits minors;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
Violates any law.
Your Responsibilities
For each piece of content that you submit, you represent and warrant that: (i) the content complies with these Terms in particular the Content Restrictions set forth above; (ii) Blueberry Software Limited will not need to obtain licenses from any third party or pay royalties to any third party; and (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights.
Indemnification
You will indemnify, defend, and hold harmless Blueberry Software Limited and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to the Service violates any law or infringes any third party right, including any intellectual property or privacy right.
Termination
We may terminate your access to all or any part of the Service at any time, with or without notice, effective immediately, for any reason or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. If you wish to terminate these Terms of Use or your FlashBack Connect account (if you have one), you may simply cancel your account by logging into your account and clicking the cancel account link in the 'Your Account' page. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.