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The terms and conditions in this Legal Act apply to the use of the web site located at www.flashcomponents.net. When using www.flashcomponents.net, you (the user of www.flashcomponents.net) agree to be bound by this Legal Act.
If you do not accept the terms and conditions in this Legal Act, you must stop using www.flashcomponents.net immediately.
You can only use www.flashcomponents.net if you are 18 years of age or over. If you are under 18 years of age, you must stop using www.flashcomponents.net immediately.
Flashcomponents.net (www.flashcomponents.net) acts as a market to allow members to offer, sell, and buy products available on Flashcomponents.net. Other than an intermediary, Flashcomponents.net is not involved in any transaction between buyer and seller using Flashcomponents.net.
Flashcomponents.net has no control over, and is not responsible for, the quality, safety or legality of the Products or Product Descriptions uploaded by users on Flashcomponents.net.
Flashcomponents.net has no control over, and is not responsible for, the factuality or accuracy of the Products, Product Descriptions, or Content uploaded by users on Flashcomponents.net.
Flashcomponents.net cannot ensure, and does not guarantee that a buyer or seller will actually complete a transaction or act lawfully in using Flashcomponents.net.
You agree to indemnify and hold Flashcomponents.net harmless from and against any claims, damages, proceedings, losses and damages of any kind and nature, including solicitors’ fees made by any third party due to or arising out of your breach of this Legal Act or the terms and policies it incorporates by reference, or your violation of any laws or the rights of third parties.
You agree to hold Flashcomponents.net harmless against any kind of damages, including image damages or of any kind of nature. You agree not to use offending, obscene, slandering words or sentences or contexts addressed to other users or addressed to the site or its representatives.
Flashcomponents.net does not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of Flashcomponents.net, or any linked website, nor does Flashcomponents.net accept any responsibility for any such loss arising out of your use of or reliance upon information contained on or accessed through Flashcomponents.net.
In the event that you have a dispute or breach of Legal Act with one or more Users, you release Flashcomponents.net from claims, demands, and damages of any kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes or breaches.
To the extent permitted by law, any condition or warranty which would otherwise be implied into this Legal Act is hereby excluded.
Flashcomponents.net does not warrant the accuracy, adequacy, or completeness of such information, nor does Flashcomponents.net undertake to keep Flashcomponents.net updated. Flashcomponents.net does not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or timeliness of information contained on Flashcomponents.net.
Responsibility for the content of Hyperlinks or advertisements appearing on Flashcomponents.net rests solely with the website operator of the hyperlink or the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by Flashcomponents.net of the advertiser’s products, and each advertiser is solely responsible for any representations made in connection with its advertisement.
Flashcomponents.net makes no warranty that goods or services acquired from Flashcomponents.net or over Flashcomponents.net will meet your requirements.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, Flashcomponents.net will not accept liability to you in respect to any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you, or which may arise directly or indirectly in respect to goods or services supplied pursuant to an order placed on Flashcomponents.net, or in respect to any failure or omission on our part to comply with our obligations as set out in this Legal Act.
Details contained on Flashcomponents.net relating to goods or services have been prepared in accordance with European law, and may not satisfy the laws of any other region. Flashcomponents.net does not warrant that the details on Flashcomponents.net concerning those goods or services will satisfy the laws of any other region. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside, and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from Flashcomponents.net.
Flashcomponents.net does not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to Flashcomponents.net is transmitted at your own risk.
Terms and Conditions
Flashcomponents.net reserves the right to amend this Legal Act from time to time. Amendments will be effective immediately upon notification from and on Flashcomponents.net. Your continued use of Flashcomponents.net following such notification will represent a Legal Act by you to be bound by the Legal Act as amended.
You must ensure that your access to Flashcomponents.net is legal, and not prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing Flashcomponents.net does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Flashcomponents.net does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of Flashcomponents.net or any linked web site.
If any of the terms and conditions in the Legal Act are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
We reserve the rights to apply a penalty of up to $3000 and/ or the exclusion of a user from the website (based on the gravity of the situation) in case he does not abide to all rules presented on FlashComponents.Net.
This Policy governs the information Flashcomponents.net collects about you and use of information Flashcomponents.net provides to you. By accepting this Policy and Disclaimer, you expressly consent to our use and disclosure of your personal information in a manner prescribed in this Policy. You acknowledge this by using Flashcomponents.net.
When you visit Flashcomponents.net, Flashcomponents.net can record certain information in relation to your visit such as: The date and time of your visit to Flashcomponents.net; The number of times you access Flashcomponents.net within any month; Your IP or proxy server IP; Basic domain information; Your Internet service provider is sometimes captured depending on the configuration of your ISP connection; The length of your session; The pages which you have accessed; The size of files which you look at; The website which referred you to Flashcomponents.net; and The operating system which your computer uses. This information is only used for statistical and website development purposes.
Our primary purpose in collecting personal information is to provide you with a safer trading experience and encourage commerce between buyers and sellers using Flashcomponents.net as a market. Flashcomponents.net only collects personal information about you that Flashcomponents.net considers necessary for this purpose and to achieve this goal. You are under no obligation to provide Flashcomponents.net with this information and can access many aspects of the Flashcomponents.net website without providing Flashcomponents.net any personal information.
Various Flashcomponents.net pages on this Site invite you to provide Flashcomponents.net your name and contact details, organization, title, address, email address and telephone number. Flashcomponents.net will not otherwise collect this information from you through this Site unless you knowingly provide it to us.
By voluntarily providing information to Flashcomponents.net when using the Flashcomponents.net website, you are consenting to the collection and use of your personal information by us.
If you choose to buy or sell on Flashcomponents.net, Flashcomponents.net collects information about your buying and selling behavior. This information is only used for statistical and website development purposes.
Flashcomponents.net will not give, sell, trade, or otherwise disclose any personal information about you to a third party unless: You have provided Flashcomponents.net with your consent or Flashcomponents.net is required to do so by law.
If you use a payment facilitator on Flashcomponents.net, Flashcomponents.net collects additional necessary information, including but not limited to billing address, credit card number and credit card expiry date.
You may request access to your personal information stored by Flashcomponents.net, and can ask Flashcomponents.net to correct your personal information. You can do this by emailing legal[at]flashcomponents.net. If you request Flashcomponents.net not to use personal information in a particular manner, Flashcomponents.net will employ all reasonable measures to observe your request, however Flashcomponents.net may still use or disclose that information if: Flashcomponents.net subsequently notifies you of the intended use or disclosure and you do not object to that use or disclosure; Flashcomponents.net believes that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for governmental or public security in the performance of their functions; or Flashcomponents.net is required by law to disclosure the information.
Unless Flashcomponents.net agrees otherwise in writing, you are provided with access to Flashcomponents.net only for your personal use. Without limiting the foregoing, you may not, without our written permission, sell information obtained from Flashcomponents.net.
Copyright of Flashcomponents.net (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by Flashcomponents.net or by our Members. Other than for the purposes of, and except as expressly authorized by the Legal Act, you may not in any form or by any means: distribute, publish, reproduce, adapt, store, print, display, or create derivative works from any part of Flashcomponents.net without our written permission; or commercialize any information, Products or services obtained from any part of Flashcomponents.net without our written permission.
Any dispute arising in connection with this Legal Act which cannot be settled by negotiation between the Parties or their representatives may be submitted at our sole discretion to arbitration in accordance with the Rules for the Conduct of European Union Commercial Arbitrations. During such arbitration, both Parties may at our sole discretion be legally represented. Prior to referring a matter to arbitration, the Parties will, in good faith, explore the prospect of mediation.
Flashcomponents.net accepts no liability for any failure to comply with this Legal Act where such failure is due to circumstance beyond our reasonable control.
Any notice, given under this Legal Act shall be in writing and shall be delivered to Flashcomponents.net.
FlashComponents.Net sells non-tangible irrevocable goods, therefore we will not issue refunds once the order is accomplished and the product is delivered. As a customer, you are responsible for understanding this once purchasing a file from our website. Although Refunds are NOT offered, we do offer credit in case we discover that the file you purchased does not work according to its description or has critical errors that the authors cannot solve in maximum two days.
Flashcomponents.net will remunerate the Supplier in the manner specified in Payment Rates, or otherwise as agreed between the Parties. You agree and acknowledge that the Remuneration, as defined in Payment Rates, is subject to change at the sole discretion of Flashcomponents.net. In the event that we or a Consumer is prevented or restrained from using the Product for any reason, you agree that you will not be entitled to Remuneration.
Flashcomponents.net at its sole discretion has the authority to approve Products for use on the Site, other websites, or other any other distribution medium. In this Legal Act, only approved Products by Flashcomponents.net may be used.
We reserve the right to reject your offer to make the Product(s) available on the Site for any reason or for no reason. We are not required to give specific reasons for rejecting your offer.
During the term of this Legal Act, the Supplier will: ensure all copies of the Supplier’s Product bear the Supplier’s notice of ownership of the Intellectual Property Rights associated with the Supplier’s Product; ensure the quality and legality of its products; not sell, License, or otherwise make available to members, licensees or other potential users, unapproved products without the written consent of Flashcomponents.net; refer to Flashcomponents.net any information which may affect or assist in the licensing of the Product; provide Flashcomponents.net with full and accurate information regarding enhancements and new releases of the Product; act in good faith at all times to Flashcomponents.net and provide such assistance and co-operation as Flashcomponents.net reasonably requests; the Supplier grants Flashcomponents.net an exclusive, irrevocable, worldwide, perpetual, free license to copy and otherwise use the Supplier’s Product to the extent necessary to fulfill their respective obligations under this Legal Act.
The Supplier licenses Flashcomponents.net to use its Product solely for the purposes of this Legal Act and in the manner described in this Legal Act. Without limiting the foregoing, Flashcomponents.net will not use the Supplier’s Product except for the purposes of: uploading and making available for sale the Product on the Site; making available for Sale the Product using other distribution mediums at it’s sole discretion; or marketing the Supplier’s Product to potential Consumers; uploading and making available for sale the Product on the Site or other websites at it’s sole discretion; and such other activities as may be specifically authorized in writing by the Supplier from time to time.
Each Party will act in good faith towards the other Party and use its best endeavors to give the other Party such assistance and co-operation as that other Party reasonably requests.
The Supplier will provide Flashcomponents.net with, and make available publicly from time to time, current information regarding: recommended modifications to the Supplier’s Product or Service; the use of Supplier’s Product or Service; and other technical information concerning the performance of the Supplier’s Product or Service.
The Supplier warrants that the Product does not infringe the Intellectual Property Rights of any person. The Supplier will fully indemnify Flashcomponents.net against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party against Flashcomponents.net alleging that the Product infringes any such Intellectual Property Rights. This indemnity will be granted whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner or nature of any settlement, compromise or determination.
The Supplier indemnifies Flashcomponents.net against all liability for any infringement of the Moral Rights of any person involved in creating the Product or any component thereof.
The Supplier will promptly rectify or, if necessary, replace the Product, at its own expense, if it is found to be defective. The Supplier warrants that the rectified or replaced Product will be free from defects, will be fit for marketing, installation and the ordinary use contemplated by or likely to be contemplated by Flashcomponents.net or End Users, and will perform in accordance with the listed specifications and descriptions.
The Supplier will not, without the prior written approval of Flashcomponents.net, disclose Flashcomponents.net’s Confidential Information.
The Supplier will take all reasonable steps to ensure that its employees and agents, and any subcontractors engaged for the purposes of this Legal Act, do not make public or disclose Flashcomponents.net's Confidential Information.
The Supplier will fully indemnify Flashcomponents.net against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by any person who has acquired the Product from Flashcomponents.net that it is in any way defective or that it is not suitable for the ordinary use contemplated by that person.
The Supplier releases and indemnifies Flashcomponents.net, against all claims and demands which may be instituted against Flashcomponents.net arising out of a breach of this Legal Act by the Supplier or the negligence of the Supplier or of any other person for whose acts or omissions the Supplier is vicariously liable.
The Supplier releases and indemnifies Flashcomponents.net against any action, claim or demand by the Supplier's servants, employees or agents or their personal representatives or dependants arising out of the performance of this Legal Act.
Without limiting the generality of any other clause if this Legal Act, the Supplier may terminate this Legal Act immediately upon giving Flashcomponents.net thirty (30) days written notice. Within the thirty (30) days notice period, this Legal Act still remains in force.
Flashcomponents.net may terminate this Legal Act immediately by notice in writing if: the other Party is in breach of any term of this Legal Act and such breach is not remedied within seven (7) days of written notice; the other Party ceases or threatens to cease conducting its business in the normal manner, or in conduct that satisfies Flashcomponents.net direction; the other Party becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration; the other Party, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; the other Party, being a natural person, dies.
Flashcomponents.net by giving notice may, in addition to terminating the Legal Act: be regarded as discharged from any further obligations under this Legal Act; repossess any of its property in the possession, custody or control of the other Party; charge a reasonable sum for work performed in respect of which work no sum has been previously charged; retain any moneys paid; pursue any additional or alternative remedies provided by law.
Flashcomponents.net may terminate this Legal Act without notice at its sole discretion.
No right under this Legal Act will be deemed to be waived except by notice in writing signed by each Party.
Any dispute arising in connection with this Legal Act which cannot be settled by negotiation between the Parties or their representatives may be submitted at the sole discretion of Flashcomponents.net to arbitration in accordance with the Rules for the Conduct of EU Commercial Arbitrations. During such arbitration, both Parties may at Flashcomponents.net sole discretion, be legally represented.
Prior to referring a matter to arbitration the Parties will, at Flashcomponents.net sole discretion, in good faith explore the prospect of mediation.
During the term of this Legal Act the Supplier will:
- choose to provide its goods in terms of exclusivity or not;
- oblige to sell its products only on www.flashcomponents.net if the supplier choose to sell its goods in terms of exclusivity;
- not engage directly or indirectly, without the written consent of the Distributor, in the sale, licensing, sublicensing, promotion, advertising or distribution of any other computer program or similar product which has a functionality the same as or similar to the Supplier’s Exclusive Product;
- notice the Distributor about any potential buyer.
You acknowledge that you have read the complete statement of this Legal Act, understand it, and agree to be bound by its terms and conditions.
In case one of your components has been reported for copyright violation and it is discovered to be a valid infringement upon investigation, the following penalties will be applied:
1. If this is your first reported component, then:
- The file in case will be removed from FlashComponents.Net.
- You will be forbidden to access your author account for a period of two weeks.
- You will pay a $300 fine, detained from your sales.*
- The profit generated from the sales of the product(s) reported for copyright violation will be detained.*
- All of your other components from the website will continue to be sold.
In case you don't have that amount in your account, it will be detained from you future sales.
2. If this is your second deflection, then all the penalties from 1. will be applied, with the mention that instead of a $300 fine, you will pay a $1000 fine, detained from your sales.
Please read carefully the definition of copyright for a better understanding.
"Copyright is a form of intellectual property that gives the author of an original work exclusive right for a certain time period in relation to that work, including its publication, distribution and adaptation, after which time the work is said to enter the public domain. [...] Some jurisdictions also recognize "moral rights" of the creator of a work, such as the right to be credited for the work. Copyright is described under the umbrella term intellectual property along with patents and trademarks.[...] Copyright has been internationally standardized, lasting between fifty to a hundred years from the author's death, or a shorter period for anonymous or corporate authorship. [...] Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions." You can find the full definition on Wikipedia.
Regarding the Flash creations, copyright applies to both design and source code of the creation. Therefore, if the design idea or the functionality of the creation or both are copied, then we consider that we're dealing with a copyright infringement case. We also consider copyright infringement if the design or the functionality of the Flash product resemble in a high percentage with another design product or interactive design product created before.
Depending on the gravity of the copyright infringement, the author can be excluded from the FlashComponents.Net Network. In case the amounts mentioned above cannot be recuperated from the author's sales, by accepting the website's terms and conditions, the author is obliged to pay all the penalties himself, otherwise we will take legal actions to recover the debts.
The author must continue with his normal activity, and it case he refuses to offer support to his current customers, the penalty is twice as big as the above mentioned penalties. If the author is not excluded from the FlashComponents.Net Network, he then has the right to continue uploading his components to our website.
The FlashComponent.net marketplace is only an intermediate between authors and buyers, so we shall not be held responsible for issuing or remitting formal invoices to the buyers. Under the terms of the Legal Act, the author should make invoices available to the buyers. This applies to self-employer persons that can also legally issue bills. Authors have the possibility, from their personal accounts, to issue bills to customers.
Invoices will contain the names of the products sold, the quantity, invoice amount, name, and other identifying information of both authors and buyers. The selling invoices generated automatically by our system will be available in your FlashComponents.Net account (My account-> Financial-> Invoices-> For Buyers/ For Me). Invoices can be printed and/or saved in a .pdf format.