Terms and Conditions

In accordance with these Terms and Conditions, SpotCommerce has developed, owns and markets ecommerce solutions and website-related services, including but not limited to the creation, building, designing, management, hosting, media and data storage, linking, sharing, social media implementation, and the sharing, uploading and downloading, and linking of document and media files (“Website Content”). Usage of these services is governed by the user’s compliance with these Terms and Conditions, and the understanding that SpotCommerce may charge fees for these services.

Please note that the Premium/Upgraded Services provided by SpotCommerce (as defined on the Website, such as dedicated or semi-dedicated server hosting) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including the Cancellation Terms) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time. This policy and subsequent updates supersede any prior notification, implied understanding or oral contracts between Users and SpotCommerce employees, managers or directors concerning all SpotCommerce services, goods or policies.

SpotCommerce shall provide Hosting for the User’s Content within the copyrighted framework of its website software and design, and shall make the completed website available to end-users.

The term of this Hosting will start on the date payment is received for Hosting, and shall continue on a month to month basis, unless either Party gives Thirty (30) days notice of its agreement to terminate the Hosting.

Each Party has the right to terminate this Agreement upon Ten (10) days written notice if the other Party is in breach of any term of this Agreement, including without limitation the payment of monies or the abuse of the Account for any reason contained herein, and the breaching Party fails to remedy such breach within the ten day notice period.

By using the SpotCommerce Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will agree to maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the SpotCommerce Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you to be 13 years of age or younger or if you are in breach of any of the policies contained herein.

In order to purchase services through SpotCommerce and to use some features of the Website, SpotCommerce requires you to create an account and to provide accurate and complete personal information such as name, date of birth, home address etc. The usage of another user’s account without express written permission from the account holder is forbidden, as is the creation of bogus, duplicate or ‘fake’ accounts which do not contain accurate or complete personal information.

Once you have created an account, you are completely responsible for all activity which occurs on SpotCommerce and on all third party websites while logged into SpotCommerce under your user name. You are required to provide immediate written notification to SpotCommerce should any unauthorized activity occur on your account. Please note that you are entirely liable for any loss or damage caused to SpotCommerce, yourself or others due to such unauthorized use. SpotCommerce will not pay any monies nor shall they be in any way liable for your damages or losses caused by unauthorized use of your SpotCommerce account.

You understand that the Member retains all ownership rights in originally created or submitted content (“User Submissions”) used on a SpotCommerce created, designed or hosted site. However, by submitting and uploading such Website Content to SpotCommerce, you hereby grant SpotCommerce the right to use, copy, prepare derivative works of (including without limitation, screen-captures or video footage of whole or partial pages, logos, trademarks, and service marks, pictures, text, graphics and other such content and design elements), display, and repost User Submissions in connection with the advertising and promotion of the Website and SpotCommerce business, including without limitation to grant access to the Website to third parties to view and interact with the User Submission (and derivative works thereof). SpotCommerce need not obtain User’s prior written approval where use of User’s content is limited to inclusion in a list of systems via which Customer’s Content is available. You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and store such User Submissions, for non-commercial, promotional and personal use.

If you do not wish SpotCommerce to use images or other captured material on its own website for promotional purposes of both SpotCommerce and the User website, please notify SpotCommerce in writing within Twenty Four (24) hours of opening your account.

SpotCommerce holds high regard for the intellectual property rights of others, and asks that you respect this policy too. SpotCommerce is committed to tightening security measures regarding infringing activities and infringement of intellectual property rights on its Website, and reserves the right to remove all such content from a User account or website if informed that SpotCommerce-hosted content infringes on another's intellectual property rights. SpotCommerce reserves the right to remove Content without prior notice. SpotCommerce may terminate or block a User or member’s access to the Website or accounts, should they be deemed to be a repeat offender in this matter, without prior notice and at its sole discretion

By using SpotCommerce’s services and website, you agree that you will not submit, upload or otherwise use purchased SpotCommerce products or services to distribute material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity

rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant SpotCommerce all of the license rights granted herein.

If you become aware of misuse of the SpotCommerce Services by any person, please contact SpotCommerce at sales@Flashecom.com

Usage of the SpotCommerce website, membership and services implies that you accept these terms and conditions, provided that: (a) you do not amend, modify, copy, re-distribute or otherwise circulate any content or part of the Website without SpotCommerce’s prior written permission; (b) you agree not to use your SpotCommerce created or hosted website to transmit any documents or other content which is or could be interpreted as spam, chain letters, non-related advertising, etc, (c) you agree not to use the Website to send or otherwise disseminate any emails, content, links, or other electronic forms of communication that contains malicious computer code, harmful programs , or computer viruses, worms, trojans, destructive code, or spyware/ malware; (d) through your use of this website you do not engage in unlawful or harmful practices such as the disruption of serves or third party networks and websites connected to this domain through spamming, bot use, or by hosting/ launching malicious scripts, and (e) you a gree to comply with these Terms and Conditions.

SpotCommerce may, in its sole discretion at any time, without notice to Customer, and without liability to Customer, remove from public view, suspend, or terminate the hosting of any of user-generated Content that SpotCommerce deems in its sole discretion to be offensive or illegal, for any one or more of the following reasons: (i) the content is in violation of the laws of the state where the server resides; (ii) contains falsehoods or misrepresentations that could damage SpotCommerce or any third party; (iii) submitted material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

SpotCommerce does not endorse any User Submission, User-created Site, or any opinion, recommendation, or advice expressed therein, and SpotCommerce expressly disclaims any and all liability in connection with User Submissions and Usage.

Usage of this website implies the understanding that the SpotCommerce website may contain links to third party websites, products and services which have no affiliation with SpotCommerce, and are not owned, controlled or influenced by SpotCommerce. SpotCommerce assumes no responsibility for any loss, damages or other liability arising by the use of these services or sites by SpotCommerce members or users. SpotCommerce has no personal ability or company responsibility to contact these websites on behalf of SpotCommerce Users, in order to resolve any personal or financial disputes with said third party services. This is the sole responsibility of the client or customer, and SpotCommerce will not be made accountable for nor pay out/ refund any monies lost or payments disputed by SpotCommerce clients as a result of using these third party services. Accordingly, we strongly encourage you to read the additional terms and conditions agreements and privacy policies of any third party websites you visit through links on SpotCommerce.

Use of SpotCommerce Website, software and hosting services implies understanding that the Internet is not a secure system, and that SpotCommerce’s provision of a hosting service does not include addition security measures beyond what is reasonable to prevent a currently-known security attack or data failure. User/ Account Holder is entirely responsible for backing-up/archiving User/ Account Holder’s Content. User agrees to take all reasonable precautions to back up, save, and make copies of all data transmitted to SpotCommerce for inclusion on said Hosted website. SpotCommerce makes no physical, written or implied guarantee or warrantee that there will be no interruptions of service, or that Customer’s Content will be secure against attack by end users or other third parties. SpotCommerce does not have any liability to back up User Content and submitted data beyond reasonable measures, nor will it accept any liability for loss or corruption of data cause by circumstances beyond its control, including but not limited to Acts of God, fire or flood, electrical damage, power outages, equipment failure, attack by hackers, or computer viruses.

A. By reading and accepting these Terms and Conditions, you expressly agree to refrain from the usage of any automated system, including without limitation, “offline readers,” “Trojans,” “spiders,” “Robots,” nor any malware or other forms of automated form-filling software which accesses the Website multiple times at a frequency which outpaces the speed and frequency which a regular human user can reasonable produce in a similar period of time through conventional manual input and upload/ download. SpotCommerce reserves the right to suspend, block or terminate the individual member accounts of any user who attempts to use such devices to copy, replicate, harvest, cache or otherwise archive the contents (including personally identifiable account names and email addresses) of SpotCommerce’s website (or affiliated third party websites), hosting service archives and databases, Members or User Accounts for any commercial or non-commercial (including personal) use.

It is expressly forbidden to contact or solicit SpotCommerce subscribers, users or members, whether individually on en-masse, for any commercial purpose including advertising, spam, or endorsements of competing brands or websites.

B. In addition to the above prohibitions, you shall not:

(i) Remove or attempt to remove or in any other way make invisible any ads, banners, links or any other content placed or added to a web page created on the Site without obtaining SpotCommerce's prior consent to do so (by purchasing an appropriate upgrade).

(ii) Attempt to connect an external domain (an URL address other than the one provided by SpotCommerce) to your SpotCommerce created content or site without purchasing an appropriate upgrade from SpotCommerce.

(iii) Sublicense or resell any of SpotCommerce’s Software or Hosting Services to any third parties without the prior written permission of SpotCommerce.

Please note that SpotCommerce reserves the right to remove and/or delete any User Content or User Account including SpotCommerce sites which are violating the above prohibition without prior warning.

SpotCommerce has the right to suspend or terminate your access to the Website or your User Account, at its sole discretion, immediately and with or without cause. This suspension or termination may be temporary or permanent at SpotCommerce’s sole discression. SpotCommerce also reserves the right to terminate your account without warning should we have reasonable cause to suspect that you (or a third party using your account) have misused your account, used it to conduct illegal or potentially damaging actions laid out in these Terms and Conditions, including but not limited to attempting to attack, break into or ‘hack’ any part of SpotCommerce’s website, such as its database, member areas, user accounts or Admin accounts.

Users are entirely responsible for regulating and monitoring their data usage, uploads and downloads, number of products and all data-related areas. By using SpotCommerce’s services, Members agree to be governed by these Terms and Conditions, and to consent to non-invasive monitoring of usage and bandwidth data linked to any such account by SpotCommerce’s Admin Review Board. No information about the content of any such data will be recorded or viewed; monitoring is strictly reserved for the policing of monthly bandwidth and upload/ download limits.

Should data usage linked to any account or SpotCommerce built/ maintained website exceed the user’s agreed monthly bandwidth purchased with their eCommerce package, it shall be at SpotCommerce’s sole discretion whether to suspend the account or temporarily allow for the data surge (”Spike”) at no further charge to User, at SpotCommerce’s own financial expense. Should the Spike be prolonged beyond reasonable limits, or data usage is deemed to have permanently exceeded maximum monthly bandwidth assigned to your purchased eCommerce package, SpotCommerce reserves the right to notify User via phone or email and request User upgrades their account within 5 working days. If it is recorded that this upgrade does not take place and user continues to exceed their bandwidth allowance after being notified of their usage violation, this will be deemed an Abuse of Service, and SpotCommerce reserves the right to suspend or terminate that users account with no further notice.

Suspended accounts may be restored only by purchasing an upgraded account, and at SpotCommerce’s sole discretion. SpotCommerce is not in any way liable for any personal or financial/ business loss, damages or distress caused by the suspension of a user who is deemed a repeat Service Abuser or who has ignored or disregarded (either knowingly or unknowingly) any such notice served by

Suspended accounts may be restored only by purchasing an upgraded account, and at SpotCommerce’s sole discretion. SpotCommerce is not in any way liable for any personal or financial/ business loss, damages or distress caused by the suspension of a user who is deemed a repeat Service Abuser or who has ignored or disregarded (either knowingly or unknowingly) any such notice served by SpotCommerce regarding their bandwidth violation.

YOU AGREE THAT YOUR USE OF THE SPOTCOMMERCE WEBSITE, WHETHER USED PERSONALLY OR PROFESSIONALLY, SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SPOTCOMMERCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.

SPOTCOMMERCE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN ADDITION, SPOTCOMMERCE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, WHETHER SPOTCOMMERCE OR USER GENERATED, (II) HARDWARE, SOFTWARE OR FINANCIAL DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. METACAFE DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND METACAFE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIB LE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

1. Limitation of Liability

IN NO EVENT SHALL SPOTCOMMERCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPOTCOMMERCE WEBSITE. HE FOREGOING LIMITATION OF LIABILITY SHALL AP PLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SPOTCOMMERCE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SPOTCOMMERCE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THAT SPOTCOMMERCE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

By using this Website and Member Services, you are fully aware of the fact that SpotCommerce shall not have any responsibility or labiality with regard to any third party services used by you on or through your SpotCommerce formed web content, such as payment and e-commerce service. Any use of such third party services shall be at your own responsibility and liability. You further acknowledge that SpotCommerce’s providence of technical ability to link to such services (such as the 'PayPal' button), are provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of SpotCommerce. Any financial transactions which take place outside of SpotCommerce’s website are undertaken purely at the Users own risk, regardless of whether such third party services are linked to, affiliated with or otherwise featured on SpotCommerce’s website.

You agree to defend, indemnify and hold harmless SpotCommerce, its affiliates, parent corporation, and their respective officers, directors, managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the SpotCommerce Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the SpotCommerce Website

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SpotCommerce without restriction or limitations.

You agree that: (i) the SpotCommerce Website shall be deemed solely based in the state of California, USA; and (ii) the SpotCommerce Website shall be deemed a passive website that does not give rise to personal jurisdiction over SpotCommerce, either specific or general, in jurisdictions other than the state of California, USA. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and SpotCommerce that arises in whole or in part from the SpotCommerce Website shall be decided exclusively by a court of competent jurisdiction located in California, USA. These Terms of Use, together with the Privacy Policy and any other legal notices published by SpotCommerce on the Website, shall constitute the entire agreement between you and SpotCommerce concerning the SpotCommerce Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provi sion shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SpotCommerce's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

USER AND SPOTCOMMERCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SPOTCOMMERCE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

By signing up to the SpotCommerce Website and by supplying us with your email address, you agree to receive general and user-specific account and billing notifications from SpotCommerce, to the email address you supplied. If you would prefer not to receive notifications by email, please notify SpotCommerce in writing, and supply us with an alternative contact address

To get in touch with our Customer Service, please use any of the options listed below:

1. Send an email message to: sales@Flashecom.com

2. Call by phone, toll free: (888) 282.1000

3. By fax: (714) 671-7011