Terms of Service
Last update: September 5, 2017
As part of FLASH ROMEO Terms of Service (“Terms”), the following designations shall be used in reference to the interested parties:
- FLASH ROMEO defines the services it offers including on-line applications, mobile applications, on-line games, mobile games, buttons, widgets, websites, social network pages, forums, newsletters, email notifications and any other content or functionality offered by FLASH ROMEO as either (“FLASH ROMEO”), (“Services”) or (“FLASH ROMEO apps”).
- Users of the Services, whether they be users, content providers, parents or legal guardians of users or visitors to FLASH ROMEO websites are referred to as (“you”) or (“your”).
- Any entity other than you or FLASH ROMEO shall be referred to as a (“Third party”). A Third party may or may not be under the control and responsibility of FLASH ROMEO.
1. About the Terms
- These Terms constitute a legal agreement between you and FLASH ROMEO. By using the Services, you accept that these Terms apply and that they are binding.
- FLASH ROMEO reserves the right, at its discretion, to change, modify, add or remove portions of the contents of these Terms. You will be deemed to have accepted such changes by continuing to use the Services.
- By using the Services, you represent that you are age 13 or older and that you understand and agree to these Terms. If you are between the ages of 13 and 18, you represent that your parent or legal guardian has reviewed these Terms and agreed to them.
- If you do not agree with any of the Terms set herein, you should quit using the Services immediately.
2. Licence to Use the Services
- FLASH ROMEO grants you a non-exclusive, non-transferable, personal, revocable limited license to use the Services under the Terms herein.
- The Services shall be used by individual consumers only. Operation of games for profit or commercial purposes is denied.
- The Services do not include any costs associated with Internet services, including ISP, mobile and bandwidth usage fees. FLASH ROMEO is not responsible for any costs incurred by you as a result of using the Services.
- You must eventually create an account or use the Service from a Social Networking Site (“SNS”), (such as Facebook) in order to use or continue using FLASH ROMEO applications depending on whether you are using a mobile or web application. If you create an account, FLASH ROMEO will provide account registration confirmation by email. You can arrange to have your account deleted if you wish in the future. If you access the Services from an SNS, you shall comply with its terms of service as well as these Terms.
3. Trademarks, Copyrights, and Intellectual Property
- All content, material, trademarks, brands, features, documentation, text, data, graphics, images, photos, videos, sounds, audio clips, music, animation, simulations and tools offered by the Services are the property of FLASH ROMEO (unless stated otherwise) and are protected by Canadian and international copyright and intellectual property laws. The unauthorized use of the content provided in FLASH ROMEO applications is a violation of copyright, trademark, and intellectual property. You may not reproduce, display, retrieve, edit, translate, distribute, publish, transmit, sell or license such material without the written permission of FLASH ROMEO.
- Trademarks that are not owned by or registered to FLASH ROMEO belong to their respective owners.
- FLASH ROMEO respects the intellectual property rights of others. If you consider that your IP rights have been violated, please notify us electronically at email@example.com and we will respond appropriately.
4. Limitations of Liability and Disclaimers of Warranties
- FLASH ROMEO may from time to time, interrupt, modify, update or withdraw the availability of the Services (including application credits or application features). FLASH ROMEO, therefore, reserves the right to discontinue an application, the particular instance of an application or the sustenance of an application without liability. You acknowledge that applications and features can change or eventually be discontinued.
- You agree and acknowledge that the Services are provided as is and that the use thereof is performed at your own risk. You are responsible for any damage or loss of data on your computer.
- FLASH ROMEO cannot guarantee that customer service or technical support will always be available or free of errors, bugs or viruses.
- FLASH ROMEO will not accept liability in excess of $100 USD and disclaims all liability in case of use that is not performed in accordance to the Terms as described herein.
- FLASH ROMEO reserves the right to modify the organization of our applications (e.g., distribution of servers, languages, user data, etc.).
- Certain FLASH ROMEO applications may not be persistent and, therefore, you must expect to lose all or most of the resources acquired during such applications as they will no longer be active and may eventually be reset or removed.
- FLASH ROMEO may link to Third party websites or Services, but is not responsible and will not be liable for the content, goods and service resulting from links leading outside of the Services directly under the control of FLASH ROMEO.
- FLASH ROMEO is not liable for any potential problems, losses or harm caused by Third parties including payments made through its Third party payment processors.
- No information outside of these Terms alters the disclaimer and limitation of warranty or procures any type of additional guarantee.
5. Responsibilities and Restrictions
- You agree to keep your login information and, in particular your password, secret and reasonably protected against theft or improper use.
- You agree that the security of your account is solely your responsibility. FLASH ROMEO shall not be held responsible in any way.
- You agree to provide truthful information when creating an account. This includes but is not necessarily limited to, a valid email address, name, and password. You agree to keep this information up to date and you may be required to provide additional information such as date of birth, place of residence, preferred language, and the answer to a secret question to recover your password.
- You agree not to use the account of another user.
- You agree to use the means of communication (e.g. in-app chat, etc.) as provided by FLASH ROMEO only for the purposes of activities relating directly to the Services.
- Although FLASH ROMEO may provide moderation services, you agree to take responsibility for any content that you generate (e.g. user name, avatar etc.). You shall observe the laws and regulations governing online activities such as no violence, defamation, abusive language, sexism, obscenity, pornography, racism, insults, any type of harassment, intimidation, advertisement, religious or political affinities, disregard of privacy, untruthful allegations about FLASH ROMEO, pretending to be an employee of FLASH ROMEO or anyone of its Third parties, use of legally protected material or illegal content.
- You agree not to create or use programs that do not originate from (or are under control of) FLASH ROMEO and that could potentially either provide an unfair advantage, decrease, interrupt or impair the capacity or performance of any FLASH ROMEO applications, including: spamming, loopholes, use of bugs, server overloading, hacking, cracking, installation or use of pirated software, upload of viruses, macros, cheat utilities, proxy servers, data mining, robots, spiders, crawlers, spyware, extraction tools, disruption of transmissions, packet sniffing, infiltration of application servers, use of meta tags, hiding text or modifying the application.
- When providing written content in any of the FLASH ROMEO forums, you must respect the code of conduct as defined under the heading “Posting Messages” in the “Forum” page of the FLASH ROMEO Website.
- You agree to use the Services only via Internet browsers or applications as stipulated by FLASH ROMEO.
- FLASH ROMEO reserves the right to take the necessary means (including the use of software) to detect harmful or inappropriate behavior.
- You agree to provide adequate and complete identification when contacting FLASH ROMEO including (but not necessarily limited to) your name, email address...
- You can and should notify FLASH ROMEO in case of errors or defects. We appreciate contributions by users and encourage them to report any such problems. Please contact us at firstname.lastname@example.org.
- You acknowledge that your user account, which includes information such as your name and password, remains the property of FLASH ROMEO.
- You agree to be contacted by FLASH ROMEO via email if required.
- You agree not to trade or sell any items (e.g. credits, virtual goods, etc.) from FLASH ROMEO applications unless such activity is supported by the Services.
- You agree not to create or organize contests around FLASH ROMEO application items or activities.
- You agree not to disguise the origin of FLASH ROMEO content.
- You agree not to attempt to cause, directly or indirectly, any harm to minors or other users, promote illegal conduct, collect personal data, interfere with the Services or promote links to sites other than those under the control of FLASH ROMEO.
- You acknowledge that cheating is detrimental to FLASH ROMEO applications and agree not to engage in any fraudulent or dishonest behavior.
- You agree not to attempt to spy on or illegitimately intercept communications held between FLASH ROMEO and users or between users.
- You agree not to attempt to copy or reverse engineer any of the content or functionalities offered by the Services.
- If you release your login information to a Third party who then proceeds to perform incorrect or fraudulent behavior, FLASH ROMEO may then hold you liable.
- You acknowledge that using the Services constitutes acceptance by you of all Terms described herein.
- You acknowledge that FLASH ROMEO may ask you for personal information for secure identification and/or payment purposes.
- You acknowledge that FLASH ROMEO will save and process your personal information.
- You agree to be solely responsible for providing, updating or deleting personal information and the accuracy of this information. You agree to keep your personal information up to date.
- FLASH ROMEO reserves the right to modify or delete your information (user name, etc.) that does not comply with these Terms.
- FLASH ROMEO does not wish to receive confidential or proprietary information and ideas from you. You understand that such material should not be provided to FLASH ROMEO and that, if such a case were to occur, all provided material would be treated as non-confidential and non-proprietary.
- You agree that FLASH ROMEO may collect navigation and behavioral information relating to your use of the Services (login history, cookies, purchases and other in-app or on-site usage) as well as user-related information such as your computer (ISP, IP address, hardware and software configuration). You agree that FLASH ROMEO may use this information for purposes such as monitoring your compliance with the Terms herein.
- You acknowledge that your application account will be deleted as a result of deleting your data.
- You acknowledge and accept that personal information will be submitted and exchanged electronically (e.g. emails, etc.). You also agree that this satisfies all legal requirements.
- FLASH ROMEO reserves the right to take criminal sanctions against you in cases where the law has been violated.
- FLASH ROMEO reserves the right to prosecute you if you try to access the personal information of another user.
- FLASH ROMEO reserves the right to investigate suspicious behavior and to involve and cooperate with law officials in cases if deemed necessary. All information obtained by FLASH ROMEO can be used to perform duties related to prevention and punishment.
- You agree to compensate FLASH ROMEO, in accordance with the law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
8. Fees and Purchase Terms
- You agree to the responsible management of your purchases and to pay all costs and applicable taxes related to the use of your Account.
- You acknowledge that price and value of the credits for the use of Services, as well as the price or benefits of virtual objects, may be subject to change and without any liability to you.
- You agree that FLASH ROMEO is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.
- You acknowledge that the purchase of credits or virtual items are final and not refundable under any circumstances. You will not receive any compensation or reimbursement for a voluntarily or involuntarily suspension or termination of your account.
- Purchases that pass through a Third party service may be subject to conditions of use thereof.
9. Advertising and Promotions
- You can choose to stop using the Services or even deactivate your account. In such cases, FLASH ROMEO remains entitled to continue to send you information such as newsletters by email. However, you can revoke your consent to receive such information by “unsubscribing” via the link provided in said communications.
- These Terms take effect immediately after being accepted for the agreed term unless you or FLASH ROMEO terminates it before this time. It is not necessary that you explicitly cancel this agreement; you can simply stop using the Services.
- FLASH ROMEO may terminate provision of the Services with or without warning. FLASH ROMEO may also give notice of cancellation if your account has not been used for 6 months or more. Cancellations require advance notice of at least 4 weeks. Once canceled, FLASH ROMEO reserves the right to delete your account.
- You recognize that misuse of the Services or failure to comply with these Terms is cause for termination of your account by FLASH ROMEO.
11. Entire Agreement
12. No Waiver
- Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights shall only be effective if it is writing and signed by FLASH ROMEO.
- If any provision of these Terms is held to be invalid or unenforceable under the law in force or the opinion of a court of competent jurisdiction, that part shall be interpreted in a manner consistent with applicable law, reflecting as closely as possible its original intent, and the remaining provisions will remain in force and effect.
14. Complaints and Dispute Resolution
- These Terms are governed and construed in accordance with Canadian law. Canadian law shall prevail if you are outside Canada.
- If you use the Services outside Canada, you are responsible for the lawful use of the Services in such countries.
- You agree that any claims addressed to FLASH ROMEO must be initiated within 3 months following the event to which the claim is deemed necessary or applicable.
- In order to receive support for Services, you must have at least one user account (although support may potentially be provided to users without accounts).
- Support for Services is provided primarily through email or an on-line ticketing system. Please contact us electronically at email@example.com. You can also reach us at the following address:
FLASH ROMEO Inc.
389 Chemin du Roy
Canada G3A 0H1