Terms and Conditions of FlashDrive
Effective on October 1st, 2020
By registering to FlashDrive and using any service, free or not, offered by FlashDrive you are accepting those terms and conditions without any reserve.
For the purpose of this document when we refer to "FlashDrive", "FD", "our", "us" or "we", we are referring to FlashDrive INC as well as its parents, affiliates and subsidiaries.
When we refer to "the user" or "the client" we are talking about you while we will still use the words "you" and "your" to talking about you.
Before you use our services, you must ensure that doing so is in complete compliance with all laws, rules and regulations applicable to you. You are the sole responsible by making sure you
are complying with all the laws applicable to you before using our service.
Our service is not intended to be used by anyone under the age of 18 years old. By using our service you are certifiyng and warrant us that you are 18 years of age or older.
In order to register an account with us and access our services you must register for an account and you are required to provide us with some informations about yourself, such as your name, email address, and a valid form of payment.
FlashDrive's proprietary rights
All the names, logos, trademarks, visual interfaces, graphic, design, compilation, information, data, computer code (including source code or object code), products, software, services all all others elements available on our website are the
total and completed propriety of FlashDrive Inc and protected by intellectual property and other laws. You may only use our service as expressly authorized by us and you shall abide by and maintain all intellectual property notices, informations
and restrictions contained in our Website and Services.
You grant us the right to use your name, logos, company name and trademarks in our promotional and marketing material and communications.
Subject to the respect of these Terms and Conditions, FlashDrive grants you a limited, non exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Website and Services offered by FlashDrive.
Certain features of our service allows you to submit or upload content, including messages, reviews, media, images, folders, data, text, and other type of work and to publish this content on the Internet.
By providing this content you are giving FlashDrive Inc a worldwide, non-exclusive, royalty-free, fully paid right and licence (with the right to sublicense) to host, store, tranfer, display, perform, reproduce, modify and distribute your content, in whole or in part, in any media formats and trough any media channels.
You are solely responsible for your content and you agree FlashDrive Inc is not and will never be in any way liable for your content. You also affirm and warrant that you are the owner of this content or have the right to reproduce it.
By law, we are under no obligation to control, moderate or edit the content you upload or publish on FlashDrive but we reserve the right at any time and without prior notice, to remove or block any content at our discretion.
Third Party applications
FlashDrive allows you install, publish and deploy third party apps via it's Docker platform or it's Marketplace. Before using any third party app, including but not limited to those available inside FlashDrive's Marketplace, you must verify that you are legally entitled to do so and that you have the appropriate licence
or right of use.
Making an application or any piece of software available for installation does not means that FlashDrive verified the said piece of software or application can be used by anyone and FlashDrive cannot be liable for any use you make of said software.
When you access third party resources on the Internet, you do so at your own risk. These third party resources are not under our control, and, to the fullest extent permitted by law, we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such resources.
You must provide current, complete and accurate information for your Account and Billing Information, and must promptly update all such information in the event of changes (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us or our Payment Processors if your payment method is canceled (e.g., for loss or theft) or otherwise inoperable.
By using our services you agree to be billed on a recurring basis and to be automatically charged by us or our Payment Processors using your Payment Methods upon invoicing.
FlashDrive reserves the right to requires prepayment at any time and at our sole discretion and to limit, reduce or cancel your right to use our services before a prepayment is made.
The Websites and Services, including without limitation any content delivered as a part thereof, are provided "as is" and on an "as available" basis. FlashDrive INC disclaims all warranties of any kind, whether express or implied, relating to the Websites and Services and all content delivered in connection thereto, including but not limited to: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; (b) any warranty arising out of course of dealing, usage, or trade; or (c) any warranty or guaranty relating to availability, accuracy, error rate, system integrity, or uninterrupted access. We do not warrant that: (i) the Websites or Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Websites or Services is free of viruses or other harmful components; or (iv) the results of using the Websites or Services will meet your requirements. Your use of the Websites and Services is solely at your own risk.
By law we have no liability for Vendor Offerings or Third party apps. All apps available inside FlashDrive Marketplace must be considered as "Beta" apps with no guaratee of data loss, SLA or uptime.
By using FlashDrive services you waive any right to use or request idemnification for any data or revenue loss.
We reserve the right, at our sole discretion, to terminate your access to our service at any time, without prior notice of any form, effective immediately. Any such termination will result in the complete destruction of data associated with your account including any personal data, code, applications or software hosted on FlashDrive's servers.
You will still be liable to any amount due before the termination of your account.
Dispute resolution and Arbitration
You and FlashDrive agrees that every dispute resulting of the application of those Terms and Conditions, will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this TOS, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this TOS, if applicable.
Any arbitration between you and FlashDrive will be settled under the Federal Arbitration Act and administred by the American Arbitration Association ("AAA") under it's Consumer Arbitration Rules. More information is available at www.adr.org or by calling the AAA at 800-778-7879.
The arbitrator has exclusive authority to resolve any dispute relating to the interpreation, applicability or enforceability of this binding arbitration agreement.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). FlashDrive's address for notice is : 2885 Sanford Avenue SW, Suite 37153, GrandVille, MI, 49418, USA. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or FlashDrive may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or FlashDrive must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.