Terms of Service

Flash Phrase – Terms of Service

General Terms of Use

ACCEPTANCE OF TERMS OF USE

BME Precision Technologies, LLC (“BME Precision” or “Flash Phrase” or “we” or “us”) owns and operates the application game – Flash Phrase.

By accessing and using the application, Flash Phrase (the “Service”), you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE FLASH PHRASE IN ANY MANNER. BME Precision Technologies, LLC reserves the right to limit or terminate your access to Flash Phrase if you do not comply with these Terms of Use. BME Precision Technologies, LLC reserves the right to deny your use of the Service without notice for any reason including, but not limited to, a violation of these Terms.

BME Precision Technologies, LLC reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you.  Please check these Terms of Service periodically for changes. Your continued use of Flash Phrase after any updates to these terms means that you have accepted those changes.

You agree that BME Precision Technologies, LLC may revise or discontinue any aspect of the Service at any time, for any reason, with or without notice you, without liability. In this regard, BME Precision Technologies, LLC has the sole authority to delete or revise any element of gameplay, character, characteristic or design element of the Flash Phrase game with or without prior notice to you.

You represent that you are 13 years or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and has provided permission / accepted the Terms on your behalf.

OWNERSHIP OF INTELLECTUAL PROPERTY

Unless specified, all materials within Flash Phrase are owned, controlled, or licensed by the developers and operators of Flash Phrase and are protected by United States copyright law from unauthorized use and/or distribution.

You understand and agree that your use of the Service in any manner — including but not limited to any content or materials accessed or posted within the Service or your purchase of any virtual goods available through the Service — shall not result in any ownership or license rights to any element of the Service.

You agree not to copy, modify, redistribute, reproduce, display, transmit, post, publish, sell, or exploit material from the Service, except as expressly permitted herein, without the express prior written consent of BME Precision Technologies, LLC.

The makers of Flash Phrase grant you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service solely for the purpose that it was intended and for no other purpose whatsoever.

All suggestions, ideas, submissions, and other feedback (“Ideas”) submitted or offered to BME Precision Technologies, LLC / Flash Phrase in connection with the use of the Service / Game-Play shall be the exclusive property of BME Precision Technologies, LLC. You agree that unless otherwise prohibited by law, BME Precision Technologies, LLC may use, sell, and disclose the Ideas in any matter, without restriction and without compensation to you.

VIRTUAL CURRENCIES/GOODS

The Service may choose to offer a virtual, in-game currency (“Virtual Currency”) that may be purchased for “real money” (“Actual Currency”). The Service may also choose to offer virtual, in-game digital items (“Virtual Goods”) that may be purchased from BME Precision Technologies, LLC using either Actual Currency or Virtual Currency. Virtual Currency and Virtual Goods may never be redeemed for Actual Currency, actual goods, or any other item of actual monetary value from BME Precision Technologies, LLC or any other party.

Your purchase of Virtual Currency or Virtual Goods only grants you a limited, personal, non-transferable, revocable license for the use of Virtual Currency and/or Virtual Goods. Any such purchase is final and is not refundable, exchangeable, or transferable except in the sole discretion of BME Precision Technologies, LLC. All Virtual Goods and Currencies are forfeited in the event that your account is terminated or suspended for any reason, in BME Precision Technologies, LLC’s sole discretion, or in the case that the Service is discontinued for any reason whatsoever.

Virtual Currency and Virtual Goods cannot be transferred or assigned except where explicitly authorized by BME Precision Technologies, LLC. The purchase or sale of Virtual Currency and/or Goods outside of the Service for Actual Currency or any item of actual monetary value is strictly prohibited and can result in the termination of your account.

BME Precision Technologies, LLC reserves the right to manage, regulate, modify, control, and/or remove any Virtual Currency or Virtual Good in its sole discretion. BME Precision Technologies, LLC will not be liable to you or anyone for the exercise of such rights.

RESTRICTIONS ON USE OF FLASH PHRASE

Content You Post to Flash Phrase

You may post and share comments and content with other users through Flash Phrase’s communication mechanism and through Facebook posts. By using Flash Phrase, you agree to not upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

  1. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner
  2. is illegal
  3. is harmful, threatening, abusive, harassing, torturous, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory
  4. is tortuous, defamatory, libelous or invasive of another’s privacy or publicity rights
  5. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party
  6. you do not have a right to make available under law or contractual or fiduciary relationships
  7. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available
  8. bears any false, disguised or misleading origin
  9. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

Failure to adhere to these rules may result in removal of such items or account suspension. All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via Flash Phrase.  BME Precision Technologies, LLC reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in Flash Phrase and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF FLASH PHRASE AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE FLASH PHRASE AND THE SERVICES PROVIDED THEREBY.

Prohibited Activities

You may not use Flash Phrase to do any of the following list of activities. Failure to adhere to these rules may result in removal of such items or account suspension.

  1. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law
  2. harass or advocate harassment of another person or entity
  3. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act
  4. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity
  5. transmit unsolicited mass mailings or spam
  6. collect, store, or share any information about yourself or other users or members, other than in the normal course of using Flash Phrase for their intended purpose of facilitating voluntary communication among users
  7. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item
  8. advertise any third-party services or content

You may not do any of the following to Flash Phrase:

  1. use Flash Phrase in any manner that could damage, disable, overburden, disrupt or impair Flash Phrase’s server, or the network(s) connected to any BME Precision Technologies, LLC server, or interfere with any other party’s use and enjoyment of Flash Phrase
  2. disobey any applicable policies or regulations of networks connected to Flash Phrase
  3. modify, adapt, translate or reverse engineer Flash Phrase
  4. use any robot, site search/retrieval application, or other device to retrieve or index any portion of Flash Phrase
  5. use any robot, spider, site search/retrieval application, or other device to play Flash Phrase
  6. frame Flash Phrase or reformat them in any way
  7. create and use user accounts using any automated means or under false pretenses. False pretenses includes creation of accounts with false information, creation of accounts on devices you do not own and usage of accounts you do not own

NO RESPONSIBILITY FOR THIRD PARTY CONTENT

You understand that Flash Phrase acts only as a forum and technical interface between users and that BME Precision Technologies, LLC does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to BME Precision Technologies, LLC. BME Precision Technologies, LLC cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.  You understand that you may be exposed to content that you find offensive to you, and that you use Flash Phrase at your own risk.  Flash Phrase is not liable for any damages or harm from third party services.

THIRD PARTY WEB SITES AND CONTENT

Flash Phrase may contain links to third-party sites that are not under the control of BME Precision Technologies, LLC, and Flash Phrase is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that BME Precision Technologies, LLC endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through Flash Phrase, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Flash Phrase is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on Flash Phrase. In addition, links to advertising that has not been approved by BME Precision Technologies, LLC may be embedded in third party content displayed on Flash Phrase. BME Precision Technologies, LLC is not responsible for any content, cookies, or other technology used in connection with such advertising.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE OPERATIONS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON FLASH PHRASE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND BME PRECISION TECHNOLOGIES, LLC HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, BME PRECISION TECHNOLOGIES, LLC DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall BME Precision Technologies, LLC be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use of Flash Phrase or information available from Flash Phrase.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within Flash Phrase. Flash Phrase may contain technical inaccuracies or typographical errors. Flash Phrase assumes no responsibility for and disclaims all liability for and disclaims all liability for any such inaccuracies, errors, or omissions on Flash Phrase.

BME Precision Technologies, LLC may terminate or make changes to all or any portion of Flash Phrase, product offerings, accounts and any other information and materials on Flash Phrase and may delete any content that has been submitted to Flash Phrase at any time and without notice or liability.

INDEMNITY

You agree to indemnify, defend, and hold BME Precision Technologies, LLC and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of Flash Phrase, your connection to Flash Phrase, your violation of the Terms of Service or Privacy Policy, or your violation of any rights of other users of Flash Phrase. Any such indemnification shall include the payment of reasonable attorney’s fees incurred in the defense of such claim.

GENERAL INFORMATION

The Terms of Service and any applicable guidelines posted on Flash Phrase constitute the entire agreement between you and BME Precision Technologies, LLC, govern your use of Flash Phrase, and supersede any prior agreements between you and BME Precision Technologies, LLC relating to your use of Flash Phrase (including, but not limited to, any prior versions of the Terms of Service or Privacy Policy). If you sign up or register for additional BME Precision Technologies, LLC services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing Flash Phrase you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of Flash Phrase, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of San Francisco in the State of California, USA. The failure of BME Precision Technologies, LLC to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Service to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms of Service remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Flash Phrase, the Terms of Service or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Service are for convenience only and have no legal or contractual effect.

Contacting Us

If you have any questions regarding this policy, you may contact Flash Phrase / BME Precision Technologies, LLC at BME.Precision@gmail.com

Privacy Policy

Please find our Privacy Policy here

Last Updated: December 27, 2012

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