Overview
These Terms and Conditions (“Terms”) apply to any visits to and use of the Flag LTD® website at flagltd.shop (the “Site”), as well as any content, functionality, products or services offered on or through the Site (collectively the “Services”), whether as a guest or a registered user.
Please read these Terms carefully before using the Site or Services. By using the Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms and Privacy Policy, you may not access or use the Site or Services.
**The Site and Services are operated by Flag LTD® (“Flag LTD®”, “we”, “our” or “us”). We reserve the right to modify these Terms at any time, effective upon posting the modified Terms on the Site. It is your responsibility to review these Terms regularly. If you use the Site or Services after any changes to the Terms are posted, that means you agree to all of the changes. **
Use of and access to the Site and Services is void where prohibited. By using the Site or Services, you represent and warrant that you have the right and authority to enter into and abide by the Terms and that you will comply with these Terms at all times.
Use of Site and Services
Subject to your compliance with these Terms, Flag LTD® grants you a limited, personal, non-exclusive, non-transferable, freely revocable license to use the Services for your own personal use only and as permitted by the features of the Site and Services.
You may not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or Services except to the extent the foregoing restrictions are expressly prohibited by applicable law.
User Content
You are responsible for all content, messages, posts, images, graphics, photos, comments, and other materials or information that you submit, upload, post or otherwise make available on or through the Site or Services (“User Content”). You may not upload, post or otherwise make available on the Site or Services any User Content protected by copyright, trademark, or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. You grant Flag LTD® a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, and exercise all copyright and publicity rights with respect to any User Content you submit, upload, post or otherwise make available on or through the Site or Services.
You represent and warrant that: (1) you own the User Content submitted by you on or through the Site or Services or otherwise have the right to grant the licenses set forth in this section, and (2) the posting of your User Content on or through the Site or Services does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity.
Acceptable Use Policy
You agree not to use the Site or Services to:
- Upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, damaging to Fal LTD®’s brand, image or goodwill, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
- Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- Transmit any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- Infringe the intellectual property rights or any other rights of third parties;
- Collect or store personal data about other users of the Site or Services without their consent;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Interfere or attempt to interfere with the proper working of the Site or Services or any activities conducted on or through the Site or Services; or
- Bypass any measures we may use to prevent or restrict access to the Site or Services, including robot exclusion headers.
User Accounts
You may need to create an account to use some of the features offered through the Site or Services. You represent and warrant that any information you provide about yourself when registering for an account or otherwise is true, accurate, current and complete. You agree to promptly notify Flag LTD® of any changes to any information you provide.
You are responsible for safeguarding your username and password. You agree not to disclose your username or password to any third party and to immediately notify Flag LTD® of any unauthorized use of your account. You acknowledge that Flag LTD® cannot and will not be liable for any loss or damage arising from your failure to protect your account credentials.
Third Party Content
The Site and Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Flag LTD®. We do not endorse or assume any responsibility for any such third-party content. If you access any such third-party content, you do so at your own risk and you understand that these Terms and Flag LTD®’s Privacy Policy do not apply to your use of such content. You expressly release Flag LTD® from any and all liability arising from your access to or use of any third-party content, products or services.
Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site or Services. We are not responsible for any loss or harm related to your inability to access or use the Site or Services.
Intellectual Property
The Site, Services and all content therein are the property of Flag LTD® and our licensors. You obtain no rights to the Site, Services or content other than as set forth in these Terms.
The Flag LTD® name and logo and all related product and service names, design marks and slogans are the trademarks, service marks or logos of Flag LTD® or its affiliates or licensors. You may not use such marks without Flag LTD®’s prior written permission. All other names, logos, product and service names, designs and slogans on the Site or Services are the trademarks, service marks or logos of their respective owners.
Disclaimers and Limitations on Liability
Your access to and use of the Site and Services is at your own risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied.
Neither Flag LTD® nor any person associated with Flag LTD® makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site or Services. Without limiting the foregoing, neither Flag LTD® nor anyone associated with Flag LTD® represents or warrants that the Site, Services or content will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Site or Services or the server that makes them available are free of viruses or other harmful components or that the Site, Services or content will otherwise meet your needs or expectations.
Flag LTD® hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
In no event will Flag LTD®, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable for (1) any indirect, incidental, punitive, special, exemplary or consequential damages arising from or relating to your access to, use of, or browsing of the Site or content (including your uploading, posting or submission of content or User Content); or (2) any loss or damage which is not reasonably foreseeable arising out of or in connection with these Terms or your access to, use of or browsing of the Site, Services or content.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. To the extent such laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Indemnity
You agree to defend, indemnify and hold harmless Flag LTD®, its affiliates, directors, officers, employees, agents, suppliers and licensors from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to (1) your access to, use or misuse of the Site or Services; (2) your User Content; (3) your violation of these Terms; or (4) your violation of any rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
Governing Law
These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state courts located in Dallas County, Texas for resolution of any dispute arising out of or relating to these Terms or your access to or use of the Site or Services. However, we retain the right to seek injunctive or equitable relief in any court of competent jurisdiction.
General
If any provision of these Terms is invalid, illegal, or incapable of being enforced by any law or public policy, all other provisions of these Terms remain in full force and effect so long as the economic and legal substance of the transactions contemplated hereby are not affected in any manner materially adverse to any party. Upon any such determination that a provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
No waiver by Flag LTD® of any provision of these Terms is effective unless expressly set forth in writing and signed by an authorized representative of Flag LTD®. Any waiver by Flag LTD® or failure by Flag LTD® to enforce any provision of these Terms will not operate as a waiver of such provision or any subsequent breach of such provision.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Flag LTD® pertaining to the subject matter hereof.
Contact
If you have any questions about the Site or Services or these Terms, please contact us at:
Flag LTD® Customer Service
Email: [email protected]
