Terms of service

Flames Group SRL (the "Flames Group") empower designers worldwide in creating, developing, and promoting their talents. The Flames Group actively operate the Services, which encompass websites, software, mobile services, and applications.

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This page explains the terms for using our online/mobile services, websites, and software. By using the Services, you agree to be bound by these Terms of Service and acknowledge our Privacy Policy.

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Certain Services or features of our Services may have additional terms that enhance your experience. Rest assured that these additional terms, including licenses and our Privacy Policy, are incorporated by reference into these Terms to maintain transparency and fairness

These Terms apply to everyone who accesses the Services ("Users" or "you"). If you open an account on behalf of an organization or entity, then (i) "you" includes both you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind it to these Terms, and that you agree to these Terms on the entity's behalf.

Please take a moment to review these terms attentively and ensure that you have a clear understanding of them. These terms serve to explain and govern your legal relationship with us and outline your rights regarding your use of the service.

Kindly note that Section 19 includes an important provision regarding binding arbitration and the waiver of class action. It has an impact on how any disputes with us are resolved. We kindly ask you to read it thoroughly.

Our Service facilitates creative communities where Users can actively share and socialize around content, maintain portfolios, search jobs, or connect with job seekers. Additionally, our services offer a vibrant marketplace where Users can easily buy and sell design items, such as fonts, brushes, patterns, and other digital assets ("Assets"). In certain sections of our Service, Buyers have the opportunity to acquire limited licenses (in accordance with the applicable License) for using Assets from shops opened on the Services by independent creators ("Shop Owners"). It is important to note that when we mention "buying" or "purchasing" Assets, we are referring to acquiring limited licenses for those Assets.

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Eligibility:

You can use the Service if you are able to form a binding contract with us and in compliance with these Terms and all applicable local, state, provincial, national, and international laws, rules, and regulations. To ensure compliance, please note that the Service is not available to individuals under 13 years old. Additionally, the Service is not accessible to Users who have been previously removed from the Service by Flames Group.

Our Services:

Under these Terms, you have a non-exclusive, limited, and non-transferable right to use the Services. This right is freely revocable and granted for your use only, as permitted by the Service's features and these Terms. Flames Group reserves all rights not expressly granted herein in the Services and the Content (as defined below). Flames Group can revoke this right at any time, without needing a reason.

Your Account:

Your account provides access to the services and features established, maintained, and modified by us, from time to time and at our sole discretion. We may have different account types for various Users (e.g., Shop Owners, Affiliates, Flames Pro, Flames Pro Business), which may offer additional or different Services or features. By connecting to the Services via a third-party service (e.g., Facebook or Google account), you allow us to access and use your information from that service, as permitted by the service itself. We may also store your login credentials for that service. It is your responsibility to securely store all passwords and usernames and to track all activity on your account.

• Securely store all passwords and usernames.
• Notify us immediately of any unauthorized use or security breach. We will not hold any liability for any damages or losses resulting from unauthorized account use.
• Do not share login details or account access with anyone, including clients or team members, unless explicitly permitted by additional terms applicable to your account type.
• Take responsibility for all activity that occurs under your account(s).
• Do not transfer, rent, or otherwise make your account available to another person.

Flames Group actively monitors downloads and user activity to ensure compliance with the terms of these Terms and the applicable License, which we may update from time to time at our discretion. We also prioritize monitoring downloads and user activity to enhance the security of our Services, detect fraud, protect our Users, and ensure compliance with applicable laws. We may make changes to the Service, discontinue certain features, or establish usage limits without prior notice. In certain circumstances, we may temporarily or permanently suspend your access to the Service without liability or notice, including if we determine that you have violated any provision of these Terms or for other valid reasons. Additionally, we reserve the right to exercise discretion in removing or declining to post any User Content.

While we cannot be held responsible for any loss or corruption of User Content provided to the Services, please note that termination does not release you from your obligations under these Terms.

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Notifications and Emails.

By providing us with your email address, you agree to receive Service-related notices from Flames Group via email. These notices may include updates required by law and other messages, such as changes to Service features and special offers ("Newsletters"). We may deliver notifications through various channels, including email, "push" mobile notifications, written or hard copy notice, or by posting on our website, as determined by us (in accordance with applicable law). We want to ensure that our notifications reach you, so please be aware of any automatic email filtering that may be applied by you or your network provider. You have the ability to manage your email and notification preferences on your account settings page. If you wish to unsubscribe from newsletters or other marketing communications, you can do so at any time by clicking "Unsubscribe" or contacting help@Flames.com. However, please note that this may have an impact on our ability to provide the Services to you, and we are not responsible for any consequences resulting from your decision.

Remember, your feedback is crucial

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Service Rules:

Enhancing User Experience and Ensuring Security

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To provide a seamless user experience while maintaining the integrity and security of our services, we kindly ask you to refrain from engaging in any of the following prohibited activities:

1. Respecting Intellectual Property:

Please avoid copying, distributing, or disclosing any part of our Services without proper authorization. This includes refraining from using automated or non-automated methods like "scraping" to extract content.

2. Mindful Usage:

While accessing our Service, please ensure that your usage does not overwhelm our servers with excessive requests generated by automated systems such as robots or spiders. We appreciate your understanding that this guideline helps maintain fair access for all users who rely on conventional web browsers.

3. Respectful Communication:

Refrain from transmitting spam emails, chain letters, or other unsolicited promotional material through our platform - let's keep communication relevant and meaningful for everyone involved.

4. Upholding System Integrity & Security:

Attempting to interfere with the system's integrity or compromising its security is strictly forbidden—let us work together towards creating a safe environment where trust can thrive online.

5. Responsibly Managing Loads:

Be mindful not to take actions that could unreasonably overloadour infrastructure beyond what is considered reasonable under normal circumstances.

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Terms of Service Violations

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Prohibited Content:

It is strictly forbidden to upload any invalid data, viruses, worms, or other malicious software agents through the Services. This ensures a safe and secure environment for all users while maintaining the integrity of the platform.

Privacy Protection:

Collecting personally identifiable information such as account names and emails from the Services without explicit permission is against our policies. We prioritize safeguarding user privacy and ensuring that personal information remains confidential.

Non-Commercial Use:

The Services are intended for non-commercial purposes unless explicitly permitted by us (e.g., job boards on Flames or operating a Shop in accordance with these Terms on Creative Market). Using our platform for commercial solicitation purposes without authorization violates our guidelines.

Misrepresentation & Fraud Prevention:

Impersonating another person or misrepresenting your affiliation with an individual/entity, engaging in fraudulent activities, hiding identity intentionally constitutes unacceptable behavior within our community standards.

Security Measures & Unauthorized Access:

Interfering with proper functioning mechanisms put in place to ensure smooth operation of services disrupts user experience significantly violating terms outlined agreement.Unauthorized access attempts utilizing unauthorized technology/methods also fall under this category

Access Restrictions

Circumventing measures implemented to prevent/restrict access including features aimed at preventing use/copy/content enforcement limits violation.

These rules aim to maintain fairness among users while promoting transparency throughout interactions within service platforms

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User Content

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Within the Services provided, users have the ability to share various types of content such as profile information, screenshots, comments, images, files, job postings and more. This collection of material submitted by users is referred to as "User Content". It may include logos, trademarks and service marks or other informational posts that can be utilized by us for marketing purposes following the User Content license grant outlined below.

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When posting User Content and engaging with fellow Users on our platform it is important to adhere to all relevant terms including Flames's Community Guidelines which we may update periodically. You are solely responsible for your interactions with other Users while using our services. While we reserve the right to monitor disputes between you and others in these interactions; please note that any actions or lack thereof taken by individual Users do not create liability on our part.

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You are entirely responsible for the content you share, and any potential harm that may result from it. This responsibility applies regardless of whether your User Content consists of text, graphics, sound, or other media formats. By making your User Content available through the Services, you affirm that:

• You have ensured that downloading, copying and using your User Content will not infringe upon any proprietary rights held by third parties. These include but are not limited to copyright infringement as well as patent, trademark or trade secret violations.
• If you create intellectual property while being employed by someone else who holds rights to such creations (such as software), either:a) You have obtained explicit permission from your employer allowing for the posting or availability of said User Content; ORb) Your employer has waived all their rights regarding ownership and claims over the specific Intellectual Property contained within your uploaded content.
• It is essential to be mindful of these responsibilities when sharing user-generated content on our platform in order to maintain compliance with applicable laws and regulations pertaining to intellectual property protection.

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By providing User Content, you acknowledge and confirm that:

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• You have fully complied with any third-party licenses associated with the User Content. Furthermore, you have taken all necessary measures to effectively pass on any required terms to end users.
• The User Content does not contain or introduce viruses or other harmful elements that could cause damage or destruction.
• The User Content is not spam nor generated by a machine in an arbitrary manner. It also doesn't include unethical commercial content aimed at driving traffic towards third-party websites for the purpose of boosting search engine rankings. Moreover, it should not facilitate unlawful activities such as phishing scams or mislead recipients regarding its origin through spoofing techniques.
• The provided content is free from obscenity, libelous statements, defamation against individuals or entities; it avoids promoting hatred based on race/ethnicity and doesn't violate privacy rights or publicity rights of any third party.
• In case your submitted materials consist of computer code components: accurate categorization has been applied along with appropriate descriptions detailing the type of code used within those materials—whether this information was requested explicitly by Flames Group's guidelines/terms-of-service agreement—or otherwise sought out independently.
• Through adhering to these conditions surrounding your submission(s) as outlined above ensures compliance while maintaining integrity within our platform’s user-generated contentspace

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User Content License Grant

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While you retain all the rights and copyrights to your User Content, by posting it on the Services, you are granting a set of licenses to Flames Group. It is important for both parties to understand these licensing terms:

• License Granted: By sharing any User Content on their platform, you explicitly grant Flames Group a worldwide, non-exclusive, royalty-free license that is sublicensable (meaning they can allow others to use it), transferable (allowing them to pass this license onto others if needed), perpetual (lasting indefinitely), irrevocable (cannot be revoked or withdrawn) and applicable in any form of media now known or developed in future technologies.
• Scope of Usage: The granted license allows Flames Group full freedom regarding how they utilize your User Content within their business operations and services offered through the platform. This includes but is not limited to using, reproducing, modifying, publishing, distributing, syndicating publicly performing/publicly displaying, making derivative works from, and editing/ translating such content.In addition, Flames group has permission to use your name voice likenesses contained within Your user submission.

• This implies that They may incorporate parts or whole portions  as well as derivatives into promotional materials,in order enhance visibility ,distribute across various media formats/channels & make adjustments deemed necessary for improving/adapting service experience.Furthermore although citation/source credits aren't mandatory obligation attributions may still occur where appropriate.

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To Other Users:

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By using the Service, you grant each User a non-exclusive license to access your User Content. This means that other users have permission to view and interact with your content within the boundaries set by the functionality of the Services and under these Terms.

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This allows for sharing and collaboration among users, fostering an environment where ideas can be exchanged freely while respecting appropriate usage guidelines outlined in our terms of service.

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User Content Prohibitions:

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• No posting of pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material.
• No content that may cause harm, injury, distress, or loss to individuals, animals, or property.
• No content that seeks to exploit or harm children.
• No content that may contribute to a crime or tort.
• No unlawful, harmful, abusive, racially or ethnically offensive, invasive, harassing, or objectionable content.
• No disclosure of illegal information or violation of privacy or publicity rights.
• No content that violates contractual or fiduciary relationships.
• No content that violates the privacy or publicity rights of any third party.
• No content that is incorrect or outdated.
• No promotion of racism, bigotry, hatred, or physical harm against any group or individual.

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Proprietary Rights and Intellectual Property

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In these Terms, the concept of "Intellectual Property Rights" is defined as a broad range of valuable rights including patents, copyrights, trademarks, trade secrets, and various other forms of intellectual property protection. These rights exist under the laws governing different jurisdictions.

With regards to Flames Group's services (referred to as "the Services") outlined in these Terms: 

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• All Intellectual Property Rights related to the Services and their contents belong exclusively to Flames Group and its licensors/other Users who share their content on the platform.
• Except for what is explicitly stated here in these terms regarding licensing permissions granted herein – no license over any form of Intellectual Property Right mentioned above shall be deemed established between you (as user)and Flames group
• You agree not engage in activities like selling/licensing/renting/decompiling/reverse engineering/modifying/distributing/copying/reproducing/transmitting/publicly displaying/publicly performing/publishing/adapting/editing/or creating derivative works from any part(s)of our Platform’s/Flames Groups’ content  unless expressly permitted by specific provisions present within these terms

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It must be emphasized that unauthorized use/misuse/use beyond permissible limits constitutes breach/compliance violations linkedtoIPrights regime applicable/heldby Flames Group.

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Feedback Submission and Idea Usage

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We value your feedback on our services and products. You have the option to submit comments or ideas for improvement, which we appreciate greatly.

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By submitting an idea, you understand that it is voluntary and without any restrictions or obligations imposed upon Flames Group in a fiduciary capacity. Additionally, you acknowledge that your disclosure of the idea does not create any obligation from us towards you.

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Furthermore, by accepting your submission, we retain the right to use the idea freely without providing additional compensation or attribution to you. We may also choose to disclose the idea on a non-confidential basis or share it with others as deemed appropriate.

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It's important to note that acceptance of your submission does not waive our rights regarding similar ideas previously known within Flames Group's knowledge base, developed by our employees independently before receiving yours, or obtained through other sources outside of your contribution.

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Copyright Infringement and the DMCA Notice

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Protecting intellectual property rights is of paramount importance to us, and we take claims of copyright infringement seriously. As responsible service providers, we are committed to promptly responding to notices alleging copyright violations that adhere to applicable laws.

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If you believe that any materials accessible through our Services infringe upon your copyrighted works, you have the right to request their removal or restrict access by submitting a written notification as outlined below. To ensure compliance with the Digital Millennium Copyright Act (DMCA), which includes provisions such as the Online Copyright Infringement Liability Limitation Act (17 U.S.C § 512), it is essential for this written notice—known as a "DMCA Notice" to contain certain key elements:

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a) Your physical or electronic signature: This serves as an indication of your consent and agreement regarding the accuracy of information provided in the DMCA Notice.

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Please provide the following information to support your claim of copyright infringement:

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• The copyrighted work you believe has been infringed or a representative list of such works if multiple works are involved.
• A clear and precise identification of the material you believe to be infringing.
• Your contact information, including your name, postal address, telephone number, and email address if available.
• A statement expressing your good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement attesting to the accuracy of the information provided in the written notice.
• A statement, made under penalty of perjury, confirming that you are authorized to act on behalf of the copyright owner.

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To ensure the effectiveness of your DMCA Notice, please comply with all the requirements of Section 512(c)(3) of the DMCA.

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We have a policy to disable and/or terminate the accounts of Users who repeatedly infringe copyrights.

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Pricing for certain accounts, such as paid accounts on Flames accounts (collectively, "Paid Accounts"), will be provided at the time of purchase. When you purchase a Paid Account, fees will be billed in advance for each subscription period indicated in the description of the Paid Account ("Subscription Period"). We do not offer refunds or download credits for partial months of service or for periods in which your Paid Account remains open but you do not use the Services associated with it. Any unused download credits at the end of each Subscription Period will expire, and new download credits equal to your subscription will be added to your account at the beginning of each new Subscription Period. The credits are solely for the convenience of the customer and cannot be transferred to a third party, whether as a gift or for consideration.

We are pleased to offer the flexibility of modifying our billing rates. We will notify you of any changes thirty (30) days in advance through email or by posting them to the Services. You will have the opportunity to review and accept the modified billing rates.

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Upon payment of applicable fees for a Paid Account, we will promptly provide you with the Services for the Subscription Period you have selected. Your Paid Account subscription will automatically renew for an additional Subscription Period unless you expressly cancel it as described in the "Termination" section below. If you choose to purchase any fee-based Service, including Paid Accounts, please note that our trusted third-party payment gateways, such as Stripe and Paypal, may securely store your credit or charge card information for your convenience.

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You agree that we are authorized to charge you:

(i) A fee for any applicable Services you have subscribed to, billed on a basis of the Subscription Period.

(ii) Any other fees for the Services you may purchase.

(iii) Any charges for exceeding the usage or other limits placed on your use of the Services (and you consent to such charges without prior notification).

(iv) Any applicable taxes in connection with your use of the Services, to the credit or charge card you provide.

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You also agree to reimburse us for all collection costs and interest for any overdue amounts. If the credit or charge card you provide expires and you do not provide new credit or charge card information or cancel your Account, you authorize us to continue billing you, and you remain responsible for any uncollected fees.

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Resolution Process for Transactions. All parties share the responsibility for ensuring that purchases facilitated by our Services are satisfactory and hassle-free. Our Services host the resolution process for transactions when Buyers claim that their Asset was not received, or the Asset they received was different from what was described in the product listing. We may play an active role in resolving transaction problems, but please note that we are not obligated to do so. You agree to allow us to make a final decision, in our sole discretion, on any disputes. We have the right to rectify any processing errors we discover by debiting or crediting the payment method used. If you need to file a chargeback or dispute on a purchase you have made on the Services, please be aware that we may close your account without notice (in compliance with applicable laws and rules). 

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Fees and Paid Services.

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1. Billing Policies. Some aspects of the Services may require a fee or other charge, such as Paid Accounts and purchasing Assets. By choosing to use the paid features of the Services, you agree to the pricing and payment terms as posted, which may be updated from time to time at our discretion. We may cancel subscriptions without prior notice if we are unable to process payment through the provided method.
2. Account Cancellation. You have the option to cancel your account at any time. Please note that upon cancellation, no refunds will be granted. If Flames Group suspends or terminates your account or these Terms for any reason, you understand and agree that no refund or exchange will be provided for any Credits, Asset licenses, license or subscription fees, content or data associated with your account, or any other items.

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Refund Policy

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We are pleased to inform you that refunds are available at the sole discretion of Flames Group. Flames Group may issue refunds for licensed digital Assets on a case-by-case basis. Please refer to the applicable Refund & Exchange Policy for the Group Company from which you purchased the Asset, as it may be subject to occasional updates.

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1. In the event that Flames Group decides to make an exception and grant a refund (although not obligated to do so), we kindly request that you promptly delete all relevant product files from any and all locations where you have distributed them, as well as from any computers where you have downloaded them. This includes any Dropbox accounts that have been synced with your Account.
2. Furthermore, it is important to note that upon requesting a refund, you are not permitted to utilize the product files (Assets) in question. Upon receipt of a refund, all licenses to such product files and underlying content will be revoked, and you will no longer be authorized to use the product in any form or for any purpose whatsoever.

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Payment Information and Taxes: Ensuring Accuracy and Compliance

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When engaging in any financial transactions or interactions with the Service, it is crucial that you provide accurate, complete, and up-to-date information regarding your payment details. This includes credit card information, debit cards, or any other forms of payment method used.

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By using the Service for purchases or monetary transactions, you agree to bear all charges incurred by users utilizing your chosen payment method at the prevailing prices applicable during such transactions. It is important to understand that you are solely responsible for fulfilling these financial obligations.

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In addition to payments made through the Service itself, it is essential that you acknowledge full responsibility for complying with tax regulations associated with the Services provided under our Terms. Whether purchasing services/goods (such as Assets) from others within this platform—or selling them yourself—it becomes incumbent upon you to determine whether sales taxes apply on a transactional basis.

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Furthermore,you must take proactive measures when necessary—collecting accurate amounts owed based on appropriate taxation rates—and subsequently reporting and remitting those funds correctly to relevant authorities in compliance with tax laws governing such activities.

 

We emphasize adherence not only because of legal requirements but also due to its importance towards maintaining fair practices among participants within our ecosystem

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Consent and Collection and Use of Data

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Asset Purchases:

When engaging in an asset purchase on Flames Group, it is important to be aware of how your data is collected, used, and shared.

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As a buyer who purchases an asset from the shop owner, you acknowledge that certain information will be accessible to them. This includes the username you have selected (which is publicly visible), along with details about the specific asset purchased and its date ("Purchase Information"). You authorize Flames Group to share this Purchase Information with the respective shop owner.

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Additionally, as a buyer using public profile pages on Services offered by Flames Group , any other information that you choose to make publicly available can also be accessed by these shop owners. It's worth noting that credit card information remains confidential and inaccessible for security purposes.

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For Shop Owners involved in selling assets through this platform,you may only utilize Purchase Information solely for providing access to purchased assets through Services while offering related support.To ensure privacy protection,the sale or disclosure of such personal data obtained through Purchase Information isn't permitted unless required by law.Additionally,retraining or further use beyond what’s necessary should not occur without explicit consent from users concerned.

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Consents: Respecting User Privacy

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At our company, safeguarding the privacy of our valued Users is a top priority for us. We take this responsibility seriously and have implemented measures to protect your personal information.

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By using our Services, you acknowledge that you consent to the collection, use, and disclosure of your personal data as outlined in our comprehensive Privacy Policy. Our policy provides detailed information on how we handle your data and ensures transparency regarding its storage, transfer processes involved therein.

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Additionally, it's important to note that compliance with applicable laws plays a crucial role in protecting user privacy rights. Therefore, by utilizing our Service offerings or sharing any personally identifiable information with us through these channels or platforms associated with them (such as social media networks), you understand that obtaining necessary consents from relevant parties rests upon yourself—ensuring adherence to all pertinent regulations governing data protection practices.

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Third Party Services: Navigating Diverse Privacy Practices

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We want users like yourself to be well-informed when engaging not only with our services but also while interacting within broader online ecosystems encompassing various third-party entities such as other websites linked via hyperlinks present on ours or even external applications managed by different companies altogether.

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It is essential for individuals concerned about their digital footprint and confidentiality interests always stay vigilant about understanding distinct privacy protocols exercised independently by these diverse third-party sources they encounter during web navigation experiences.

To gain insight into specific approaches employed toward maintaining secrecy standards followed at each destination visited virtually - including those connected through links made available across interfaces provided herein —we strongly advise reading thoroughly their respective website content elucidating policies surrounding consumer protectedness aspects alongside supplementary notices furnished there explicitly disclosing additional guidelines aimed towards bolstering end-users' overall experience efficacy whilst preserving utmost discretion over shared sensitive details.

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Protection of Sensitive Personal Information

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To ensure the utmost confidentiality and security, we have implemented strict measures regarding sensitive personal information. While using our website or services, you agree to limit the provision of such data exclusively to designated areas specifically intended for tax and payment purposes.

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It is important not to disclose any other form of Sensitive Personal Information beyond what is required for these specific functions. We emphasize that utilizing our Services' data storage functionality should never involve medical records, health insurance details, highly sensitive personal characteristics data, or any other type of information that may pose a risk if mishandled.

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Only in cases where it pertains directly to billing processes (including but not limited to payments and taxes) are you permitted upload or submit relevant Sensitive Personal Information within the framework of our Service. However, please note that we assume no responsibility nor liability with regard to how this kind of Sensitive Personal Information is processed, transmitted disclosed or stored through our Service platform.

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By adhering strictlyto these guidelines surrounding your confidential information,you can rest assured knowingthat your privacy remains safeguarded throughoutyour interactionwithour service offerings.

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Security and Personal Information Protection:

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At Flames Group, we prioritize the integrity and security of your personal information. While we take extensive measures to safeguard your data, it is important to note that no system can be completely immune from unauthorized access or misuse by third parties.

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We acknowledge that there might always exist a possibility for unauthorized individuals to breach our security measures or exploit your personal information for improper purposes. Therefore, when providing us with User Content and personal details, you do so at your own risk.

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It is crucial that you remain vigilant in all interactions related to the Services using your registration information. You bear full responsibility for any activity associated with such interaction including purchases made through the platform. Should you become aware of any unauthorized use of your account credentials or encounter any breach in account security while utilizing our Services, it is imperative that you promptly notify us. Additionally, ensure proper log off/exiting procedures are followed upon concluding each session as specified under Section 1 ("Use of Our Service") regarding account management requirements.

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Please carefully review the privacy and data usage policies implemented by third-party social networking platforms if signing into our Service via such accounts; their practices pertaining to personal information may differ from those outlined within both our Privacy Policy and these Terms—familiarizing yourself will grant insight into available options provided by said platforms concerning how they handle user data.

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Kindly note: We cannot assume liability for losses incurred due to failure on behalf of users adhering insufficiently—or not at all—to aforementioned obligations stated above.

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Storage Practices and Limits

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Our Services strive to provide ample storage space for User Content, but it is important to note that there are inherent limitations. While we take reasonable measures to safeguard and backup your valuable User Content, as well as ensure its availability in case of loss or deletion, we must emphasize that our company assumes no responsibility or liability for any such instances.

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Furthermore, regarding the security of your User Content and Assets stored on our platform, while we maintain robust safeguards against unauthorized access or breaches, absolute security cannot be guaranteed due to rapidly evolving cyber threats. We continuously invest in cutting-edge encryption technology and stringent protocols but ask users also remain vigilant with their account credentials.

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In order to manage system resources efficiently without compromising performance standards for all users across our platform's ecosystem, if an account remains inactive over an extended period determined solely by us at our discretion—taking into consideration factors like usage patterns—we reserve the right mark accounts (and associated content) as "inactive" before archiving them accordingly. This ensures a fair allocation of resources within the dynamic nature of online platforms.

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Please be aware that these practices governing user data storage may undergo adjustments from time-to-time based on technological advancements or changes in industry norms. Rest assured though; any modifications shall occur after careful evaluation by us with both transparency towards you—the valued user—and adherence to applicable legal requirements concerning notice periods when necessary

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Third-Party Links and Content

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When navigating through the vast realm of online platforms, it is important to be aware of the presence of third-party content that may exist alongside Flames Group's services. These external elements can include assets created by shop owners or user-generated content from fellow users.

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It should be noted that while these offerings might enhance your browsing experience, they are not owned or controlled by Flames Group. As a result, Flames Group neither endorses nor assumes any responsibility for the accuracy, validity, or nature of such third-party sites, information, materials on them products offered thereon.

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Engaging with these links takes you beyond the confines governed by our Terms and Privacy Policy. By accessing third-party websites originating from within our Services; however unintentional this action may be - we urge caution as you do so at your own risk.

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Importantly though - let us assure you that in doing so – relieving ourselves entirely from liability concerning potential issues arising out of interactions with those separate entities would go against everything we strive for!

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Your personal dealings (including transactions) and participation in promotions facilitated by said third parties will fall under unique terms solely between yourself and those involved counterparts—be it other users OR various service providers found via our platform! Should disputes arise regarding payment processes or asset delivery provided specifically among Shop Owners mentioned earlier—all matters shall remain outside direct involvement & supervision exercised over all relevant negotiations carried on independently—with no active mediation exerted directly—or indirectly—by us here at Flames group central command!

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While unforeseen losses incurred during engagements initiated following interaction made possible due to mutual usage rights granted throughout Flames groups ecosystem—we must emphasize once more—the scale tilts firmly towards individual accountability rather than pointing fingers exclusively outwardly toward an entity like ours making every effort imaginable ensuring smooth sailing across wide-ranging digital horizons encompassing creativity-first undertakings spanning countless expressions shared worldwide!

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So, in summary: the vast digital landscape beckons with alluring links and external content. However, it is of utmost importance that you exercise caution while exploring these uncharted territories. Remember to consider your own judgment as an explorer venturing forth into this ever-evolving realm – where each interaction holds both promise and peril alike!

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You agree to defend (at our request), indemnify, and hold harmless Flames Group and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors (individually and collectively, "Our Parties"), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) suffered or incurred by Our Parties due to any Claim arising from:

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• Your use of and access to the Services, including any data or content transmitted or received by you.
• Your compliance with these Terms and any Policies (defined below), including without limitation your fulfillment of any representations and warranties provided therein.

• Your respect for any third-party rights, including without limitation any right of privacy or Intellectual Property Rights.

• Your adherence to any applicable law, rule, or regulation.

• Any positive impact arising from your User Content or any content submitted via your account.

• Any other party's authorized access and use of the Services with your unique username, password, or other appropriate security code.

• The respect of any third-party rights related to a product you purchase on the site.

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Legal Defense and Settlement Rights

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If you ever require my assistance in defending a claim, it is important to note that I will not agree to any settlement without obtaining your prior written consent. You have the right to participate in the defense of any such claim, at your own expense if desired, with counsel chosen by yourself.

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It's worth mentioning that when we refer to "Policies" within these terms, this includes all relevant documents such as License Terms, Affiliate Terms Shop Terms, Privacy Policy and any other terms specifically incorporated into these overall conditions through reference. These policies collectively govern our interactions and establish guidelines for using our services effectively while respecting both parties' rights.

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The Services are provided on an "as is" and "as available" basis. You acknowledge that you use the Services at your own risk. To the maximum extent permitted by applicable law, the Services are provided with warranties of various kinds, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Flames Group, its subsidiaries, and its licensors strive to ensure that the content is accurate, reliable, and correct. The Services aim to meet your requirements and be available at any time or location, uninterrupted and secure. Any defects or errors will be corrected promptly. Moreover, the Services are designed to be free of viruses or other harmful components. When downloading or obtaining content through the Services, please exercise caution and be solely responsible for any potential damage to your computer system or mobile device, or loss of data. Flames Group neither warrants, endorses, guarantees, nor assumes responsibility for any user content, asset, product, or service advertised or offered by third parties through the Services or any hyperlinked website or service. Flames Group does not monitor transactions between you and third-party providers of products or services, including other users of the Services.

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Our parties will not be liable for any damages, as allowed by applicable law. We want to emphasize that even in the event of a force majeure or an act of a third party, our parties assume no liability or responsibility. It's important to note that we will not be responsible for any special, indirect, or consequential damages of any kind. Our focus is on providing you with the best service possible, and we want to ensure that you have a positive experience.

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1.  Content may occasionally contain errors, mistakes, or typographical inaccuracies.
2. Our services aim to prioritize your safety and well-being, minimizing any potential personal injury or property damage resulting from your access or use.
3. We maintain secure servers to protect your personal information against unauthorized access.
4. We strive to ensure uninterrupted transmission to and from the service.
5. Our service is designed to guard against any potential risks such as bugs, viruses, trojan horses, or similar threats transmitted by third parties.
6. We continuously work to minimize errors or omissions in any content and aim to prevent any loss or damage resulting from the use of such content. We do not tolerate defamatory, offensive, or illegal conduct from any third party.

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Our parties have a limited liability. The total cumulative liability for all costs, losses, or damages arising from or in relation to the service will not exceed the greater of (A) one hundred dollars ($100) or (B) all amounts paid or due from you, if any, for access to or use of the services giving rise to the claim during the six (6) months immediately preceding the claim (no matter when payments were actually made). This limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction and does not require the relinquishment of any non-waivable right afforded to you by law.

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Please note that certain jurisdictions may not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages. Therefore, the above limitations or exclusions may not apply to you. These terms provide you with specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.

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The Services are controlled and operated from our facilities in Canada and the United States. Flames Group ensures that the Services are suitable and available for use in various locations. Those who choose to access or use the Services from other jurisdictions do so willingly and are fully responsible for complying with all applicable laws and regulations, including export and import regulations, as well as laws regarding data protection and transfer of personal identifiable information. Please note that the Services cannot be used by residents of countries embargoed by countries in Europe, Canada or the United States, or by foreign individuals or entities blocked or denied by the European, Canadian or United States government.

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Arbitration. Any dispute or claim arising from or related to these Terms will be resolved through arbitration administered by the British Columbia International Commercial Arbitration Centre, following its applicable Rules. The place of arbitration will be Vancouver, British Columbia, Canada, and the language of the arbitration will be English. There will be one arbitrator. The arbitration award will be final and binding, and judgment on the award may be entered in any court with jurisdiction for enforcement. Despite this, Flames Group retains the right to seek injunctive relief in any court of competent jurisdiction. You acknowledge that Flames Group can enforce these Terms specifically through injunctive relief and other equitable remedies without the need for proving monetary damages.

(b) Class Action Waiver: TO THE EXTENT PERMITTED BY LAW, YOU AND WE AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S DISPUTES. BY ENTERING INTO THIS AGREEMENT, YOU AND Flames GROUP EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE

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You have the option to opt out of this arbitration agreement and class action waiver. If you choose to do so, neither you nor we can compel the other to arbitrate. After making efforts to informally resolve any disputes, the claim will be brought to court. To exercise this option, please notify us in writing within 30 days of first becoming subject to this arbitration agreement. Your written notice should include your name, address, username, email address associated with your account (if applicable), and a clear statement expressing your desire to opt out of this arbitration provision. Please send the notice to optout@flames.design and retain a copy for your records.

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1. Governing Law. These Terms, the relationship between you and Flames Group, and all related matters will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia and the federal laws of Canada applicable therein, with a focus on promoting harmony. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

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2. THE FOLLOWING SECTIONS 22 AND 23 ARE APPLICABLE TO U.S. CONSUMERS AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, CONSUMERS IN ALL OTHER JURISDICTIONS OUTSIDE CANADA:

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Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY; IT ENHANCES YOUR RIGHTS, INCLUDING THE OPPORTUNITY TO RESOLVE DISPUTES AMICABLY.

(a) Arbitration of Disputes: In the event of any claim, dispute, or controversy between you and us arising out of, relating to, or connected with the goods or services you acquire from or through us (individually a "Dispute" and collectively "Disputes"), we encourage you to first contact Flames Group at hey@flames.design to explore informal resolution options. Our goal is to find a mutually satisfactory resolution to any Dispute.

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In the unlikely scenario that you and Flames Group are unable to resolve the Dispute within sixty (60) days after contacting us, we mutually agree to resolve the Dispute exclusively through binding arbitration with a single arbitrator. Both parties also agree to engage in arbitration administered by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes currently in effect for the AAA. If arbitration through AAA is not feasible, we will pursue arbitration through an equally reputable nationwide arbitration administration service with comparable rules.

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Our agreement to arbitrate has a few exceptions that promote fairness and efficiency. These exceptions include:

1. Disputes related to injunctive relief and/or the enforcement or validity of Intellectual Property Rights.
2. Situations where arbitration clauses are prohibited by applicable law in jurisdictions outside of the United States.
3. Disputes that meet the requirements for small claims court as a single-plaintiff claim, which you may choose to pursue.

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We believe in the U.S. Federal Arbitration Act and its encouragement of resolving private disputes efficiently. This provision will be interpreted and enforced accordingly. The arbitrator holds exclusive authority in resolving any disputes regarding interpretation, applicability, or enforceability of this binding arbitration agreement.

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In cases where your Claim is U.S. $10,000 or less, you have the option to choose whether the arbitration will rely solely on submitted documents, a telephonic hearing, or an in-person hearing. If your Claim exceeds U.S. $10,000, either party may opt for an in-person hearing.

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We will cover the payment of filing fees and arbitrator's fees and expenses, with the understanding that the arbitrator may redistribute these costs in the final award.

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In any arbitration, the prevailing party will not seek to recover attorney's fees or expenses. The arbitrator's final award may be entered as a judgment in any court of competent jurisdiction. This Section does not prevent either party from seeking injunctive relief from the courts to protect data security, Intellectual Property Rights, or other proprietary rights.

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(b) Class Action Waiver: Both parties agree that all disputes must be brought in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's disputes. By entering into this agreement, both parties are waiving the right to a trial by jury or to participate in a class action. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won't be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this arbitration section is found to be illegal or unenforceable, that provision will be severed but the rest of this section still applies.

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Opt-Out: You have the option to decline this arbitration agreement and class action waiver. If you decide to do so, neither party can compel the other to arbitrate. Instead, after attempting informal resolution of any disputes, the claim will be brought before a court. To exercise your opt-out right, please notify us in writing within 30 days of initially becoming subject to this arbitration agreement. Your written notice should include your name, address, username, email address associated with your account (if applicable), and a clear statement expressing your desire to opt out of this arbitration provision. Kindly send your notice to optout@flames.design and ensure you retain a copy for your records.

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Governing Law and Jurisdiction. Subject to the other terms and conditions of these Terms, you agree that any legal action arising from or related to these Terms, not subject to arbitration, shall be governed by and interpreted in accordance with the laws of the State of California (and, to the extent applicable, the federal laws of the United States). The laws of the State of California will govern without considering conflicts-of-laws rules. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from the laws governing these Terms. Additionally, you agree that any claim, action, or dispute arising under or relating to these Terms, not covered by the arbitration provisions above, will be exclusively brought in (and the parties will be subject to the exclusive jurisdiction of) the Superior Court of the State of California, County of Marin, or the United States District Court for the Northern District of California in San Francisco. Nothing in the foregoing will prevent us from initiating an action for infringement of Intellectual Property Rights in any country where such infringement is alleged to occur.

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Export Control. You acknowledge and agree that your use of the Services is subject to compliance with Canada, United States, and other applicable export control and trade sanctions laws, rules, and regulations, including the regulations promulgated by Global Affairs Canada, the U.S. Department of Commerce, and the U.S. Department of the Treasury ("Export Control Laws"). You will be solely responsible for complying with the Export Control Laws and staying updated on any modifications to them. You represent and warrant that:

1. You are a citizen of a nation not subject to Canadian or U.S. trade sanctions or other significant trade restrictions, enabling you to freely engage in international trade.
2. You are not identified on any Canadian or U.S. government restricted party lists, allowing you to conduct business without any limitations.
3. You will use the Service in compliance with the Export Control Laws, without engaging in any restricted end use activities, such as those related to weapons or military applications.
4. Your User Content or Assets are not subject to any restriction on disclosure, transfer, download, export, or re-export under the Export Control Laws.

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You agree to use the Service responsibly and comply with all applicable laws and regulations. This includes refraining from disclosing, transferring, downloading, or exporting User Content or any other content or material to any country, entity, or party that is ineligible to receive such Assets under the Export Control Laws.

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Filtering

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Enhancing Safety Measures. In accordance with 47 U.S.C. Section 230(d) as amended, we want to inform you about the availability of parental control protections. These commercial tools, such as computer hardware, software, or filtering services, can assist you in limiting access to material that may be harmful to minors. For more information on current providers of such protections, you can visit GetNetWise and OnGuard Online websites. It's important to note that we do not endorse specific products or services listed on these sites.

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Relationship.

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The parties' relationship under these Terms is that of independent contractors. No association or partnership is intended. Each party is responsible for their own costs and expenses, unless stated otherwise. If any provision is unenforceable, the rest of the Terms remain valid. Section headings are for convenience only. English version prevails in case of inconsistencies with translations. In Canada, the parties agree to use English only. Waivers must be in writing. Failure to enforce a provision does not waive it. You cannot assign these Terms without authorization. We may assign our rights or obligations under these Terms.

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These Terms (including the Policies and License, and all other terms incorporated herein by reference) represent the complete agreement between you and us regarding the subject matter. They surpass all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us concerning the Services. If there is any conflict or inconsistency between the terms and conditions of these Terms and any third-party software license agreement or service level agreement that includes a link to the Services, the terms and conditions of these Terms will prevail, except where the Privacy Policy expressly overrides these Terms.

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We regularly revise and update these Terms to ensure they remain current. Please make it a habit to review these Terms to stay informed about any updates. Any changes we make will take effect immediately, unless we specify a different effective date when we post them. By continuing to use the Service after the effective date, you are indicating your acceptance of the updates. Please note that any changes to these Terms will not apply to any dispute between you and us that arose before the date we posted the revised version of these Terms or notified you of such changes.

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Contact us for any questions regarding the Services. You can visit our Help Center or submit a support ticket for any inquiries about these Terms, Service, account, or billing matters. Feel free to reach out to us via email at hey@flames.design.