Terms of Use Agreement

Welcome to PopFlash.site, a website owned and operated by Denver Ghost LLC, a Delaware limited liability company, and its parents, subsidiaries, affiliates, predecessors, successors, partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, accountants, advertisers, product and service providers (collectively, “PopFlash” or “We” or “Us” or “Our”).This Terms of Use Agreement creates a binding agreement between PopFlash and you, including your parents, subsidiaries, affiliates, predecessors, successors, partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, accountants, advertisers, product and service providers (“You” or “Your”) as it relates to Your use of any or all of PopFlash’s products (“Products”), services (“Services”), and website (“Site”). 

PopFlash provides its Products and Services to You subject to the following terms and conditions.IF YOU VISIT OR REGISTER ATPOPFLASH.SITE, YOU ACCEPT THESE TERMS AND CONDITIONS. In addition, when using particular PopFlash Services, You and PopFlash shall be subject to any posted guidelines or rules applicable to such Services, which may be posted elsewhere on the Site.

Please read this Terms of Use Agreement carefully.When You use any current or future PopFlash Service or visit or purchase from any business affiliated with PopFlash, whether or not included on the Site, You also will be subject to the terms and conditions applicable to such service or business.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement and in each of Our policies posted on Our Site (collectively, this “Agreement”).This Agreement constitutes the entire and only agreement between Us and You concerning the subject matter of this Agreement and supercedes all prior or contemporaneous agreements, representations, warranties and understandings concerning the subject matter of this Agreement.This Agreement may be updated by Us from time to time without notice to You. You can review the most current version of the Agreement at any time at this page.

Privacy

Please review Our Privacy Policy, which also governs Your visit to PopFlash.site, to understand Our practices concerning privacy matters.

Electronic Communications

When You visit PopFlash.site or send e-mails to Us, You are communicating with Us electronically.You consent to receive communications from Us electronically.We will communicate with You by e-mail or by posting notices on this Site.You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

Copyright

All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PopFlash or its content suppliers and is protected by U.S. and international copyright laws.The compilation of all content on this Site is the exclusive property of PopFlash and is protected by U.S. and international copyright laws.All software used on this Site is the property of PopFlash or its software suppliers and is protected by U.S. and international copyright laws.

Trademarks

PopFlash, PopFlash.site, and other marks indicated on Our Site are trademarks of PopFlash or its subsidiaries, in the United States and other countries.In addition, PopFlash.site graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of PopFlash or its subsidiaries.PopFlash’s trademarks and trade dress may not be used in connection with any product or service that is not PopFlash’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PopFlash, PopFlash.site, the marks, Products, or Services. 

All other trademarks not owned by PopFlash that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PopFlash or its subsidiaries. Use of such third part marks may be prohibited absent express consent of the owner.

License and Site Access

PopFlash grants You a limited, nonexclusive, nontransferable, revocable license to access and make personal use of this Site. You do NOT have permission to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of PopFlash.You also may NOT transfer or sublicense this limited right to use the Services or resell the Services.

This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior express written consent of PopFlash. 

You may not remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture.You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PopFlash without express written consent.You may not use any meta tags or any other “hidden text” utilizing PopFlash’s name or trademarks without the express written consent of PopFlash.You may not use the Site for the purpose of gathering information for or transmitting unsolicited commercial phone calls, facsimile transmissions, email or email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing.You may not use the Site in a manner that violates any state or federal laws or regulations concerning email, telephone solicitations or facsimile transmissions.You may not export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.Any unauthorized use terminates the permission or license granted by PopFlash. 

You are granted a limited, nonexclusive, nontransferable, revocable right to create a hyperlink to the home page of PopFlash.site so long as the link does not portray PopFlash.site, PopFlash, or its Products or Services in a false, misleading, derogatory, or otherwise offensive manner.You may not use any PopFlash.site logo or other proprietary graphic or trademark as part of the link without express written permission.

Nontransferable

Your right to use Our Site is not transferable or assignable.Any password or right given to You to obtain information or access the Site is not transferable or assignable.

Your Account

If You use this Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. PopFlash.site will only sell its Products or Services to adults (age 18 and older), who can purchase them with a credit card.If You are under age 18, You may use PopFlash.site only with involvement of a parent or guardian.IF YOU ARE UNDER AGE 13, YOU ARE PROHIBITED FROM USING THIS SITE AND MUST LEAVE THE SITE IMMEDIATELY.

PopFlash reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. In the event that such termination is without cause, PopFlash will refund Your subscription fee (if any) solely for the month in which the termination occurs, assuming it has already been charged.PopFlash will not charge the account after it has been terminated. IN THE EVENT OF TERMINATION BY POPFLASH OF YOUR ACCOUNT AND RIGHTS UNDER THIS AGREEMENT WITHOUT CAUSE, YOU AGREE THAT THE REFUND OF YOUR REGISTRATION FEE FOR A SINGLE MONTH WILL BE THE TOTAL DAMAGES OWED TO YOU FOR SUCH TERMINATION. 

Use of Your Likeness and Voice

You understand that by playing in a match through PopFlash.site, you consent to the recording of certain Personal Information, including Your voice and gamer tag. Popflash reserves the right to use these recordings for both promotional and commercial purposes, in Popflash’s sole discretion.

Steam

Though you must use Your Steam account to log in on PopFlash.site, this site is in no way affiliated with Steam or Valve.

Registration

To register on PopFlash.site You need to log in using Your SteamCommunity account, which will verify Your login information. You must then create a PopFlash account using an email address, and password, and You need to agree to these Terms of Service. Since PopFlash uses Your email address to look up Your account information, and to send You password change requests and other useful correspondence You should be sure to use a valid email address when registering. You should also keep Your email address up to date—if you need to change the email address associated with your account, please email support@popflash.site. If You use an invalid email address, You may find it difficult to retrieve Your password and get customer service.

Copyright Complaints

PopFlash respects the intellectual property of others.If You believe that Your work has been copied in a way that constitutes copyright infringement, please follow Our Notice and Procedure for Making Claims of Copyright Infringement set forth below.

Payments

You represent and warrant that if You are purchasing something from Us that (i) any credit information You supply is true and complete, (ii) charges incurred by You will be honored by Your credit card company, and (iii) You will pay the charges incurred by You at the posted prices, plus any applicable taxes and tariffs.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action We deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Securities Laws

Our Site may include statements concerning Our operations, prospects, strategies, financial condition, future economic performance and demand for Our Products or Services, as well as Our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements.These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond Our control.When used on Our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements.Our Site and the information contained on the Site does not constitute an offer or a solicitation of an offer for sale of any securities.None of the information contained on Our Site or linked to Our Site is intended to be, and shall not be deemed to be, incorporated into any of Our securities-related filings, prospectuses or disclosure documents.

Information and Press Releases

Our Site contains information and press releases about us.We disclaim any duty or obligation to update this information or any such press releases.Information about companies other than PopFlash’s contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY POPFLASH ON AN “AS IS” AND “AS AVAILABLE” BASIS. POPFLASH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

POPFLASH CANNOT GUARANTEE PERFECT SITE ACCESS AT ALL TIMES. SUCH OCCURRENCES AS EXTREMELY HIGH WEBSITE TRAFFIC, POWER OUTAGES, NATURAL DISASTERS, CHANGES IN LAW, STRIKES, ETC. MAY FROM TIME TO TIME PREVENT ACCESS TO POPFLASH.SITE FROM ALL OR PART OF THE INTERNET. POPFLASH IS NOT RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM DISRUPTIONS IN SERVICE, AND DISCLAIMS ANY LIABILITY RELATED THERETO OR ARISING THEREFROM.

POPFLASH IS NOT RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM INCOMPATIBILITY BETWEEN ITS SOFTWARE AND PROGRAMS AND THOSE OF ANY USERS, AND DISCLAIMS ANY LIABILITY RELATED THERETO OR ARISING THEREFROM.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POPFLASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POPFLASH DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM POPFLASH.SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POPFLASH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

WE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND IN CONNECTION WITH THE SERVICES, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE OR GROSS NEGLIGENCE), INCLUDING BUT NOT LIMITED TO THOSE RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES OF THE SITE, (C) YOUR USE OF THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF POPFLASH’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY POPFLASH, INCLUDING WITHOUT LIMITATION THE SERVICES.

OUR AGGREGATE LIABILITY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, OR THE PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.

ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE OR ANY PRODUCTS OR SERVICES PURCHASED USING THE SITE MUST BE BROUGHT BY YOU WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR SHALL BE FOREVER WAIVED AND BARRED.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”BY USING THE SITE AND THEREBY ACCEPTING THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU ARE AWARE OF THE MEANING OF CALIFORNIA CIVIL CODE §1542 AND INTEND TO ASSUME THE RISK OF EXISTING BUT AS YET UNKNOWN CLAIMS.

Indemnification

You agree to indemnify, defend and hold PopFlash harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to Your violation of this Agreement or use of Our Site.

Applicable Law

By visiting PopFlash.site, You agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between You and PopFlash.

Miscellaneous

The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.This Agreement, together with any purchase orders or contracts with You and Your information may be automatically assigned by us in Our sole discretion to a third party in the event of an acquisition, sale or merger.Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.Our rights under this Agreement shall survive any termination of this Agreement.

Disputes

Any dispute relating in any way to Your visit to PopFlash.site or to Products and/or Services You purchase through PopFlash.site shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent You have in any manner violated or threatened to violate PopFlash’s intellectual property rights, PopFlash may seek injunctive or other appropriate relief in any state or federal court in the state of California, and You consent to exclusive jurisdiction and venue in such courts.Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Other Site Policies and Modification

From time to time, we may post revised versions of existing policies, new policies, or amendments to this Agreement on Our Site.Please review all of Our other policies posted on this Site.These policies also govern Your visit to the Site.We reserve the right to make changes to Our Site, policies, and this Terms of Use Agreement at any time without notice to You.

Notice and Procedure for Making Claims of Copyright Infringement

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide PopFlash’s copyright agent the written information specified below.Please note that this procedure is exclusively for notifying PopFlash that Your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that You claim has been infringed upon;

A description of the material that You claim is infringing as well as a description of where that material is located on the Site;

Your address, telephone number, and e-mail address;

A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

PopFlash’s Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows:

Copyright Agent
Denver Ghost, LLC (PopFlash.site)
c/o IME Law PLLC
Att: Bryce Blum
bb@imelaw.com
Effective Date:April 22, 2016

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