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User agreement

Flashcoms user agreement

 

1. GENERAL SOFTWARE LICENSE

Each Software package purchased under this Agreement is licensed for one domain name only. The license cannot be transferred to another domain. If you would like to run the Software on multiple domains you must purchase a separate license for each domain. You may not distribute copies of the Software or any accompanying written materials to others, in an altered or original state.

You may not copy any written materials accompanying the Software without express written authorization from Flashcoms. The Software (including but not limited to any images, photographs, animations, audio, music, text, and anything incorporated into the Software) is owned by Flashcoms and is protected by international copyright laws and international treaty provisions. Therefore, You must treat the Software like any other copyrighted material. You may be held legally responsible for any infringement that is caused or encouraged by your failure to comply with the licensing provisions of this Agreement. Upon purchasing the Flashcoms Software, you are obligated to comply with this license agreement and any noncompliance will subject you to legal action.

In consideration of payment of the license fee, which is part of the price of the Software, Flashcoms grants to You the nonexclusive right to use the Software for company/organizational/personal use. You may use the Software and/or any Software component under only one domain that is owned, operated and is controlled by your REGISTERED LICENSED company, organization or personal identity. You are bound to this Agreement during Your entire possession time span of this Software, in its original or altered state. Flashcoms reserves the rights to suspend, revoke or terminate your license to use the Software if these terms are violated. See section 6 which discusses the License Agreement for termination procedures.

The trademarks, logos and service marks ("Marks") displayed on this Site; Software and any accompanying written materials are the property of Flashcoms.

2. WARRANTY / DISCLAIMER INFORMATION

UNLESS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN YOU AND FLASHCOMS, ALL INFORMATION AND SOFTWARE ON AND FROM THIS SITE ARE PROVIDED UNDER A LIMITED WARRANTY.

  1. Flashcoms guarantees the correct performance of its Software in accordance with functionality outlined on the web-site or as agreed upon in advance with the client, given that all the preliminary server requirements are met by the client and installation and integration were performed by the Flashcoms support team.
  2. Under any of the circumstances outlined bellow, in no event shall Flashcoms be held responsible for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, loss of data, loss of other materials, loss of profits, business or other work interruption or any other pecuniary losses based on any theory of liability, arising out of or in connection with the use of or inability to use the Software.
    1. Installation and/or Integration is performed by the client and not by the Flashcoms support team.
    2. Server requirements outlined on the web-site and or recommended by the Flashcoms are not met.
  3. Flashcoms assumes no responsibility for errors and/or poor performance of any third party software such as Streaming Media Server, used by and/or along with the Flashcoms Software.
  4. Flashcoms sets free upgrade period as 6 months from the date of software purchase. Upgrade doesn’t include repeated execution of previously ordered services: custom development, installation, integration, skin design.

3. REMEDIES

In no event shall Flashcoms total liability to you for any and all damages, losses, and causes of action arising from or connected in anyway with this Agreement (including without limitation liability in contract, tort or under any other legal theory) ever exceed the INITIAL amount paid by You for the Software. INITIAL amount is defined as the first payment to purchase the Software and DOES NOT include other fees incurred there after. This shall constitute Your sole and exclusive remedy.

4. TERMINATION

This Agreement is effective IMMEDIATELY upon Your Software purchase. Unless terminated sooner by Flashcoms, any license granted by this Agreement terminates in accordance with the method and timeframes specified. Without prejudice to any other rights, Flashcoms may suspend, revoke, or terminate this Agreement if You fail to comply with any of its provisions. In such event, You must immediately delete all copies and instances of Flashcoms Software from your possession within 24 hours of Flashcoms License Agreement termination notice. IF YOU FAIL TO COMPLY WITH OUR TERMINATION PROCEDURE, LEGAL ACTIONS WILL BE TAKEN.

For all Flashcoms products NO REFUNDS WILL BE GIVEN AFTER 14 days of purchase of the product.

5. RESELLING FLASHCOMS SOFTWARE

A specific contract and terms for reselling Flashcoms Software can be obtained by contacting Flashcoms Customer Support. You cannot resell Flashcoms Software unless you have received a separate reseller agreement.

6. DEVELOPER INFORMATION AND CREDENTIALS.

All Flashcoms Software contains developer information and Flashcoms credentials. You can not remove and/or hide this information, unless purchasing an additional plug-in.

7. INDEMNITY

You agree to defend, indemnify and hold Flashcoms harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Flashcoms.

8. REFUND POLICY

OUR REFUND POLICY GUARANTEES THAT YOU CAN GET YOUR ENTIRE PURCHASE PRICE REFUNDED WITHIN 14 DAYS FROM THE DATE OF PURCHASE, UNDER CERTAIN CONDITIONS. THE DETAILS OF OUR POLICY ARE AS FOLLOWS:

Full refund will be processed in the following cases:

  1. If you accidentally bought the software more than once (for the same domain name).
  2. When your credit card was used to place the order without your permission (in accordance to our payment gateway policy).
  3. When your problems are caused by a bug and/or error in our software and we are not able to correct the error within an acceptable period of time, given that you have provided us full access to the server, where the applications are installed.

NOTE: In this case, the refund is only made after we receive detailed information about your error, requested by our support staff, such as screenshots of error messages, log files, detailed descriptions of your actions, file samples, etc.

Refund request will be declined in the following cases:

  1. When the refund request reaches us after 14 days from the date of purchase.
  2. When you do not reply to our email and confirm your request within one business week from the first day you file a claim for the refund.
  3. When you demand a refund immediately after buying the software.
  4. When you inform us about changing your decision to buy the software, saying you have uninstalled it and are not going to use it, without giving us any particular reasons.
  5. When reasons which prevent you from proper use of our software are stated clearly on our official site. (For example, if you request a refund due to the absence of a streaming media server, which is required for all Audio/Video applications and which is listed in the requirements list for our software).
  6. If your configuration does not meet our recommended system requirements.
  7. If the problems are caused by third party software, such as server software i.e. (Red5).

 

 HOSTING AGREEMENT


1.  Common definition

  1. "Client" means the persons, entity or agents and authorized representatives accepting this agreement.
  2.  "Content" means all text, pictures, sound, graphics, video, links, and other data and(or) streaming stored by Client and/or user’s of Client’s Website on Flashcoms’ server computers.

2.  Duties and responsibilities

  1. Flashcoms guarantees the execution of the FMS hosting service which is the subject of the current agreement .
  2. If a client chooses one free month of video hosting and select a certain hosting plan and request a refund then Flashcoms recovers its costs by charging appropriate fees to clients for the hosting.
  3. Flashcoms is to handle all the streaming Content and provide bandwidth as claimed by the license purchased and necessity of the actual traffic usage.
  4. Flashcoms is not responsible for any problems with the hosting account malfunction, including data and(or) quality loss, be it deliberate or unintentional Client’s interference into hosting account settings.
  5. Customer undertakes to understand and accept the following:
  6. Unused bandwidth may neither be accumulated nor correlated with the next payment period.
  7. If Client’s bandwidth usage exceeds the initially stated frames Client’s hosting plan will be upgraded automatically, involving the increase in the bandwidth and payment respectively.
  8. Customer guarantees to act in accordance with this Agreement.

3. Ownership of Content

  1. All Content stored by Customer on Flashcoms’ server computers shall at all times remain the property of Customer.
  2. Flashcoms is eligible to receive non-exclusive permission, in case prior notification was made and Client’s consent received, to alter, delete, move files in order to maintain proper state of Client’s hosting account.
  3. Flashcoms doesn’t apply limitations on the Content uploaded and (or) streamed through the servers and delivered to end user which might be abusing in any case. All the responsibility for the Content is handled by the Client.

4. Payment

  1. Customer shall make payment in the amount and of frequency agreed upon during account signup.
  2. Flashcoms shall invoice monthly unless otherwise negotiated.
  3. Payment is due on the day stated in the invoice.
  4. Flashcoms reserves the right to charge 10% fee for late payments.
  5. Flashcoms reserves the right to ask for a receipt as a measure of verification.
  6. It is the Customer’s responsibility to maintain accurate billing information with Flashcoms. This may include updated credit card information, e-mail address and mailing address.

5. Termination

  1. This Agreement is effective immediately upon Client’s first Flashcoms’ hosting payment.
  2. Client reserves the right to terminate this Agreement at any time upon a written notice to Flashcoms.
  3. Flashcoms reserves the right to suspend, revoke or terminate this Agreement unilaterally if the Client fails to comply with any of the current Agreement’s provisions.

6. Warranty/Disclaimer Information


UNLESS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN CLIENT AND FLASHCOMS, ALL INFORMATION IN THIS AGREEMENT IS PROVIDED UNDER A LIMITED WARRANTY AND IS EXCLUSIVE.
 

Installation / integration terms:

 

  1. Common definition
    1. Installation service - includes following actions from the executor: application installation on web and fms server (if applicable), database tables creation, settings adjustment, testing. This service doesn’t include additional software installation and server elements configuration required for proper application use (media server, database, webserver, server engine).
    2. Integration is designed for full application incorporation with website authentication mechanism, profile system and database in accordance with details outlined below.
  2. Duties and responsibilities of the parties.
    1. Flascoms guaranties service execution in accordance with specifications outlined below and in time scale defined by the agreement or as agreed upon in advance with the client, given that all the preliminary server requirements are met by the client. In no event shall Flashcoms be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from client interference in the process of integration or complete integration state. Flashcoms assumes no responsibility for errors and/or poor performance of any third party software such as Streaming Media Server, used by and/or along with the Flashcoms Software. Flashcoms undertakes to treat and all of such Confidential Information as strictly confidential and not to divulge it to any third party for any purpose whatsoever and not to make use of such Confidential Information, or any part thereof, for any purpose without the Discloser’s prior consent.
    2. Client undertakes to provide executor with required access details and specifications for server and website structure and assumes conditions of the current agreement.
  3. Detailed specifications for integration
    1. Community/Corporate chat
      - Integration with existing authentication mechanism: we offer one of the available modes to be applied on your choice, auto login – once logged in user can access the chat without providing login details, chat authenticate – application is integrated with existing database, login and password are validated at welcome screen.
      - Profile integration: previously specified details will be added to profile popup window (for instance photo, name, age). Any custom modifications of user menu are quoted additionally.
      - Popup / embedded mode: if no specifications provided, link would be placed at the discretion of executor.
    2. Community/Corporate messenger
      - Integration with authentication mechanism: once logged in user can access application without reentering credentials, if no specifications provided link is placed in profile section or / and search result.
      - Profile integration: previously specified details will be added to profile popup window (for instance photo, name, age), otherwise details are selected at the discretion of executor.
      - Links: if no specifications provided, link is placed in profile section or search result.
    3. Video recorder / player
      - Integration with authentication mechanism (Recorder): once logged in user can access application without reentering credentials; link is placed in profile section.
      - Profile player integration: if no specifications provided, link is placed in profile section or search result.
    4. Site Mail.
      - Integration with authentication mechanism: once logged in user can access application without reentering credentials, if no specifications provided link is placed in profile section or / and search result.
  4. Reasons for postponement.
    Under any of the circumstances outlined bellow integration service can be postponed in accordance with executor’s timetable:
    1. Preliminary server requirements are not met by the client.
    2. Access details are invalid.
    3. Access details do not have enough privileges to perform required actions.

 

 

 

 

 

 

 

 

 

 

 

 
 
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