Media365 Inc. is the operator of the www.flamingofiction.com website and the Flamingo Fiction (iOS) mobile application ("Flamingo Fiction Application"), collectively referred to as "Flamingo Fiction". By accessing Flamingo Fiction and accessing the content available on it ("Content"), you agree to the terms in this agreement. Such Content is provided by a rights holder - publisher, agent, author or self-publishing author collectively called "Publisher". Flamingo Fiction Content can accessed on a number of mobile electronic devices with the respective supported OS versions. These devices comprise the "Supported Devices".
All content included in or made available through Flamingo Fiction, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Media365 or the Publishers and is protected by United States and international copyright laws.
Subject to your full compliance with the Terms and paying any required access fees, you are granted a non-exclusive, non-sublicensable and non-transferable license to access and view the Flamingo Fiction Content only for your personal non-commercial use. This shall be done solely through the Flamingo Fiction applications on any of the Supported Devices.
You are not licensed to sell, rent, lease, distribute, broadcast, sublicense, or in any way assign any rights of any portion of the Flamingo Fiction Content to a third party. You shall not modify or remove any labels or proprietary notices of any Content.
You shall not attempt to circumvent, bypass, modify, or defeat the digital rights management system and other content protection used in Flamingo Fiction.
The Flamingo Fiction Applications are meant to be used only on the Supported Devices and the respective OS versions. The number of devices on which you can access the Content is not limited. However, you may not have more than 2 active sessions simultaneously.
You have the possibility to preview a part of each Content for free before paying the fee for obtaining access to it. Therefore, we do not offer any refunds except where required by law.
"Flamingo coins" purchased in the Flamingo Fiction Application cannot be refunded or exchanged for cash.
When you create an account with us, you guarantee that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Flamingo Fiction.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with Flamingo Fiction or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We may terminate or suspend your account and bar access to Flamingo Fiction immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use Flamingo Fiction after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Flamingo Fiction.
You agree to defend, indemnify and hold harmless Media365 and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of Flamingo Fiction, by you or any person using your account and password; b) a breach of these Terms, or c) the Content available on Flamingo Fiction.
In no event shall Media365, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use Flamingo Fiction; (ii) any conduct or content of any third party on Flamingo Fiction; (iii) any content obtained from Flamingo; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of Flamingo Fiction is at your sole risk. Flamingo Fiction is provided on an "AS IS" and "AS AVAILABLE" basis. Flamingo Fiction is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Media365, its subsidiaries, affiliates, and its licensors do not warrant that a) Flamingo Fiction will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) Flamingo Fiction is free of viruses or other harmful components; or d) the results of using Flamingo Fiction will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding Flamingo Fiction, and supersede and replace any prior agreements we might have had between us regarding Flamingo Fiction.