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Terms of Use - Flabell.com
Terms of use
23
th
of March 2009
Important

PLEASE CAREFULLY READ THESE TERMS OF USE ("Terms of Use") BEFORE USING THE WEBSITE OR ANY OF THE OTHER PROPERTIES (AS DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Vuzum Media ("Vuzum", "Flabell", "we", "our" or "us") owns, controls and provides access to the Flabell.com website, at the url www.flabell.com and related properties (the "Website"), the Flabell.com client software, the Flabell.com products ("components for Adobe Flash") and all proprietary services, software, data and materials accessed via the Website (the "Services"). The Website and the Services are referred to together in these Terms of Use as the "Properties".

THESE TERMS OF USE GOVERN YOUR USE OF THE PROPERTIES.

By accessing or using the Properties, registering for or receiving Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website, you agree to be bound by these Terms of Use.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE PROPERTIES.

1. Description of Website and the Services

Access to the Website currently provides users with access to the Services and a rich collection of online resources, including online tutorials, interactive advertising messages, proprietary software (including updates, patches and new versions), audio, videos and other community products. Unless explicitly stated otherwise, any new features, which may be added to the Website or the Services, including without limitation, the release of new Flabell.com services and software, are subject to these Terms of Use.

In some instances, these Terms of Use and a separate end user license or similar agreement may apply to a service or product offered by Flabell.com via the Properties. We may add, change, remove, suspend or discontinue any aspect of the Website and/or the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or all of the Properties without notice or liability to you or any third party.

In order to use the Website, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

By accessing or using the Properties, registering for or receiving Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website, you agree to be bound by these Terms of Use.

2. Intellectual Property Ownership; License

The past, present and future content of the Properties, including, without limitation, software graphics, text, images, audio, videos, designs, compilations, databases, targeting information, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyright material (including source and object code); and all other materials related to the Properties, including without limitation, the "look and feel" of the Website (collectively, "Content") are protected by applicable copyrights, trademark rights, database rights and other proprietary (including, but not limited to, intellectual property) rights and are the property of Vuzum Media, its parent, subsidiaries, affiliates, or its licensors. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by Vuzum Media, no rights (either by implication, estoppels or otherwise) in or to the Content are granted to you.

You agree to abide by any and all additional notices, information or restrictions in respect of the Properties contained in any part of the Website. Exploiting any part of the Properties for a purpose that is not permitted by these Terms of Use is expressly prohibited without prior written permission from Vuzum Media or the applicable intellectual property rights holder as identified on the Website.

3. Who owns the copyright of a purchased flash component?

After a purchase is done, you acquire a non-exclusive licence to use the flash component. Ownership of the component remains with Vuzum Media.

You are allowed to reuse the flash component more than once, but you are not allowed to re-sell or re-distribute it.

4. Am I allowed to reuse a component in multiple projects?

Yes, you can use a component as many times as you need in your own personal or client's work, as long as you are not re-selling / re-distributing the flash component in mass distribution, even if it's modified or included in a Flash template.

5. Am I allowed re-selling the files I purchase on Flabell?

You can use a component for your own personal work or for client work, as long as you are not re-selling / re-distributing the component in mass distribution, even if it's modified or included in a Flash template. We are not liable for any loss suffered by you as a result of making use of a flash component that you purchased on Flabell.

If you want to re-sell the component, not the source file (which isn't allowed), please contact us for asking details about the commercial license, which is sold separately by Flabell.

6. Changes to the Properties and the Terms of Use

We reserve the right to add, delete, change or modify parts of these Terms of Use at our sole discretion and at any time without notice to you. If we do this, we will post the changes to the Terms of Use on this page and will indicate the effective date of the Terms of Use at the top of the page. It is important for you to refer to these Terms of Use from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms of Use. Your continued use of the Website constitutes your acceptance of the new Terms of Use.

7. User Accounts

If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or other Properties using your name, user name or password in whole or in part.

You agree to pay in full the prices for any purchases you make using only PayPal.

You agree to pay all applicable taxes for each purchase you make.

8. Privacy

Registration data and certain other information about you are subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal data and other information about you will be handled. By accepting these Terms of Use you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes.

9. Links to Other Websites

The Website may contain hyperlinks to other websites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Website and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of use and privacy policy and those Other Sites may have different practices and requirements than the Website. Vuzum Media may not have knowledge of, and is not responsible for, the content, information, services, products or advertisements presented by any Other Site, which you use at your own risk. Vuzum Media does not warrant or make any representation regarding the legality, accuracy, quality or authenticity of content, information, services or products presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Vuzum Media of any Other Site(s) or resources, or their content, information, services or products. The Website is only providing these links to you as a convenience. The terms of use and privacy policy of any Other Sites shall apply to your access and use of them. Vuzum Media accepts no responsibility for the content or conduct of Other Sites.

10. Trade Marks

The trademarks, logos, service marks and trade names displayed on the Website, or on content available through the Website, are not registered as Trade Marks of Vuzum Media, they are used only as demonstration purposes.

Nothing contained on the Website should be construed as granting expressly or by implication any license or right to use any Trademark displayed on the Website without the written permission of their respective owners.

11. Promotions

Vuzum Media may decide to run promotions, prize draws and other opportunities on the Website and these will be governed by a separate set of terms and conditions. A link to these terms and conditions will be found on the Website, alongside details of the specific promotion, prize draw and other opportunities. It is your responsibility to read those terms and conditions for details about the terms that shall apply and any eligibility requirements.

12. Software

Any software that we make available for download or use from the Website and/or our servers (the "Software") is the intellectual property of Vuzum Media. Any such "Software" shall be considered a "Service" or one of the "Properties" as such terms are defined and used here in.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION, REDISTRIBUTION OR OTHER EXPLOITATION IS EXPRESSLY PROHIBITED, UNLESS SUCH USE, REPRODUCTION, REDISTRIBUTION OR EXPLOITATION IS EXPRESSLY PERMITTED BY THE LICENCE AGREEMENT APPLICABLE TO SUCH SOFTWARE.

The following terms and conditions (Terms and Conditions) govern your use of this web site:

a) Flabell is not liable for any loss suffered by you as a result of making use of a flash component that you purchased on Flabell.

b) You can use any component you purchase on Flabell as many times as you need in your own personal or client's work, as long as you are not re-selling / re-distributing the flash component in mass distribution, even if it's modified or included in a Flash template.

c) When you buy a flash component, you are acquiring the right to use that component multiple times, but the copyright remains to Vuzum Media.

13. Governing Law

These Terms of Use and the interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of Romania.

14. Return Policy

If you have purchased one of our Components for Adobe Flash and it does not work as described or is faulty, please contact us at Support and let us know which Flash Component you purchased and exactly what the problem is. The Flash Component will be investigated, and if it is found to be faulty or not working as described it will be fixed or a refund will be offered.

Before submitting a refund claim, please review the comments on the Flash Component's page. Also make sure that you thoroughly read all of the Flash Component's documentation in case there is an existing answer to your issue. Please note that because of the nature of digital goods, Support unfortunately cannot issue a refund unless the Flash Component is malfunctioning or corrupt, or does not work as described.

15. Miscellaneous

Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website or Services are incorporated by this reference into these Terms of Use for all purposes. Nothing in these Terms of Use are intended to confer on any third party any benefit or any right under any legislation in any country to enforce any provisions of these Terms of Use.