Terms and Conditions

General

These general terms and conditions govern the access to and use of the website of The Thunderflash Exchange SL (“Thunderflash”, the “Company” or “we”), made available to users (“user” or “you”) at http://www.thunderflash.com (“this website”), including using, transmitting, downloading or uploading any of the services or functionality ("Services") or Materials made available or enabled via the Site by Thunderflash or users of the Site ("Users"). "Materials" includes any information, data, documents, images, photographs, graphics, audio, videos, or webcasts, products, and software code and associated documentation.

By using this site you accept and comply with these general terms and any specific terms applicable to any particular part of the website. Accordingly, you should carefully read these terms and any instructions shown on the website each time you access the site.

Thunderflash reserves the right to modify or delete at any time and without notice any content, services and information that are published in this website, as well as limit or modify these terms. Any modification will take effect as from the date of publishing and will bind any user accessing the page subsequent to publication. You may save these terms and print them using the “Print” function of the browser.

For any information about the Company or its products and services, please contact us by email at contact@thunderflash.com.

1. General Use of the Website

1.1 Terms of Use

This website provides information about Thunderflash’s activities and initiatives, links and descriptions of its own and third party products and services in general, and serves to promote and provide certain products and services as a central resource that collects the broad and ever-growing array of applications.

You may access and view the content of this website free of charge, subject to these terms and any specific terms governing certain content, products or services.

We reserve the right to exclude any user from the service without advance notice and to adopt such measures as it may deem appropriate at each time in order to prevent conduct and activities that are or may be in breach of these terms.

We reserve the right to modify, replace, update, renew, impede or restrict access, interrupt, block, temporarily suspend or cancel definitively any service, supply of information or any other content, either with regard to a specific user or in general, in particular when notified by any third party or administrative or judicial authority of any actual or potential breach of third party rights. Any potential breach should be notified to legal@thunderflash.com.

1.2 Registration

In order to receive certain services, access to certain areas of the site may require users to fill in a form with specified data – fields marked with an asterisk being obligatory. If this data is not completed, the Company reserves the right not to provide the service in question. You guarantee that any data that is provided is complete, accurate and up-to-date, and will be responsible for any false or inaccurate data. Personal data collected by us will be processed in accordance with our Privacy Policy. If we issue you (a) personal credential/s (password), you may not reveal it to anyone else. It is personal and non transferable. You may not use anyone else’s (password) credentials.

You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach or risk of breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements

1.3. Use of the Site

You undertake to make appropriate, correct and lawful use of the contents and services of the website, in accordance with these terms and conditions. Illegal, unlawful activities or those that are contrary to good faith and public order are strictly forbidden, as, in general, is any conduct that is detrimental to or attacks or induces any attack on human dignity and the principle of non-discrimination for reasons of race, sex, religion, opinion, nationality or any other personal or social circumstance; is prejudicial to public health and that of the consumers and users and in particular to young persons and children. It is also forbidden to carry out any activity aimed at impersonating any person or organization, and interfere, breach, alter or disconnect the system, servers, networks or contents of this website.

In particular, use of this website for the purposes, or having the consequences, set out below (without limitation) is strictly forbidden:

a) Infringement of fundamental rights and public liberties established by the Constitution, international treaties or other legal codes.

b) Acts of a criminal, degrading, defamatory, slanderous or violent nature, any unlawful, immoral or disrespectful act, or any act that breaches the peace.

c) Discriminatory acts, attitudes or ideas on the grounds of sex, race religion beliefs, age or status.

d) The posting and making available of or access to products, services, activities or goods whose import, export, circulation, ownership, sale or production is prohibited by legislation of the country in question, unless the parties are duly authorised to carry on such activities:

e) Disclosure of false or inaccurate information that may mislead the user or publication of illegal, misleading or false advertising.

f) Violation of intellectual or industrial property rights belonging to third parties, disclosure of business secrets of third parties, infringement of personal honour, personal/family intimacy or personal image rights, or when any such infringement is foreseeable.

g) Publication of unauthorised or unsolicited advertising (known as “Spamming”), chain letters or any form of lottery or gambling.

h) Spreading of any kind of computer virus or faulty file, or any other software or IT program that may cause damage or unauthorised changes in any kind of content or systems accessible through the web site.

i) Undue and inappropriate use is made of the contents that may be included on the different areas of Thunderflash’s web site

Thunderflash reserves the right to exclude the user from the site without prior warning should the user perform any of the above-mentioned activities or violate these terms, and initiate the legal proceedings it may deem appropriate.

Any announcement, comment, opinion, declaration or recommendation made within the site shall exclusively be attributable to the Users expressing such points of view. In no circumstances shall such announcements, comments, opinions, declarations or recommendations be attributable to Thunderflash, which will be held harmless from any claims that may arise in relation to a User using these interactive services for the purposes prohibited in this contract or by law.

1.4. Content Available on thunderflash.com

All elements of the Site are subject to rights of intellectual property since it includes a combination of content that we create, that our partners create, and that our users create. Thus Materials published on our Site, including, but not limited to, source codes, written content, photographs, graphics, images, illustrations, marks, logos are protected by intellectual property (copyright) or industrial property (such as trademarks) rights.

Except as specified by any license applicable to determined content on this site:

a) neither Thunderflash nor any of its partners or users grants You a license nor use authorisation over its intellectual or industrial property rights or over any other right or property concerning the Site, its services or its contents. You may view, print and/or download one copy of the Materials from the Site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all the copyright and other proprietary notices.

b) You may not modify, republish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly communicate, or in any way exploit any of the Materials on our Site in whole or in part.

c) Some of the materials available on this site may be accompanied by their own licenses or terms of use, including without limitation free software or content licenses. With respect to your rights in and obligations regarding such materials, and to the extent there is a conflict, those licenses or terms of use take precedence over these terms, and you agree to be bound accordingly.

d) You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our website ("your Content"). You certify that you own all intellectual and industrial property rights in your Content. Such communications are considered non-confidential and non-proprietary. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, publicly communicate and distribute your Content and subsequent versions of your Content for the purposes of (i) displaying your Content on our website, (ii) distributing your Content, either electronically or via other media, to you. Thunderflash will not have any liability or responsibility for the content of any communications that you post to the website, or for any errors or violations of any laws or regulations by you.

e) Unless expressly agreed to by Thunderflash in writing elsewhere, Thunderflash has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of the Site or via the Services. Thunderflash has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Thunderflash retains the right to create reasonable limits on Thunderflash’s use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Thunderflash in its sole discretion.

f) Although Thunderflash does not control or supervise any contribution made by third parties to the web site via any interactive service, except when required to by applicable law or competent court or administrative decision, the Company reserves the right to prevent access to and/or eliminate at any time a contribution that infringes or may infringe these conditions or prevent the reproduction or public communication of this contribution until proof is provided of ownership of the material provided or the legality of the contribution. In particular, and for precautionary purposes, the Company may carry out the foregoing when any user content may seem to be illegal, infringe third party rights or not be sufficiently documented, without prejudice to the Company’s right to retain and keep on file internally a copy of the content in question while the legal situation is being verified and for the duration that is prescribed by law.

g) Copyright Infringement. We are committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on our website, please contact us at legal@thunderflash.com.

1.5 Monitoring

Although we are not obliged to do so, we reserve the right to review your communications on this web site to determine whether you comply with these terms. To the extent permitted by applicable law, Thunderflash will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Statement before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies..

1.6 Linking to and from Other Sites

This website offers access to certain third party sites. Access and use by you of each of these sites or portals are governed by their own rules, which are shown in the "legal notice" to which there is a link at the foot of the various home pages. This also applies to any website to which a link from this website may lead. If you decide to access any of the third party sites linked to the website, you do this entirely at your own discretion and risk. Thunderflash disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site.

Any website that wishes to link to these pages should not reproduce any of these pages. You may not in-line or frame any of the content of this website, or create any other form of link that may infringe our rights, including rights under fair competition, trespass, illegal publicity, intellectual or industrial property rights, commercial reputation and honour. Likewise, persons linking to this website should abstain from using any distinctive signs, commercial names, headers, information or any other content of the website, except the indication that it forms part of the link itself and does not infringe any law or contract. In no case whatsoever will it be understood or stated that the Company has authorized, intervenes, assumes, participates or has supervised in any way the content of the page showing the hyperlink, or even that it consents to its inclusion, unless by express authorization.

1.7 Trademark Information

Thunderflash is a distinctive sign of the Company and is either a registered trademark or trademark of Thunderflash in Spain and other countries. The names of other companies and products mentioned herein may be the trademarks of their respective owners. You have no right to use any such trademarks, and nothing contained in this web site or these terms grants any right to use (by implication, waiver, estoppel or otherwise) any trademarks without the prior written permission of Thunderflash or the respective owner. The foregoing includes the use of metatags, keywords or similar references, including use in search engines and the services you may offer.

1.8 Advertising

Part of the website may contain advertising material or be sponsored. Advertisers and sponsors are solely responsible for ensuring that the material sent to be included on the web site complies with applicable legislation. Thunderflash accepts no responsibility for any error, inaccuracy or irregularity that may be contained in advertising material, or that may be committed by the sponsors. Any claim relating to advertising content contained on this web site may be sent to the email address legal@thunderflash.com.

2. Acceptance of Privacy Policy

Our Privacy Policy is part of these terms and conditions and is set out at the following page: Privacy Policy. You agree to comply with terms of our Privacy Policy and all applicable laws and regulations with respect to any use by you of any personal information in connection with this website.

Notwithstanding anything to the contrary, if you choose to participate in an open source or community process on this site - whether by contributing code, participating in mailing lists, signing a contributor agreement or sending an e-mail - your participation is public and your privacy cannot be protected to the extent that you publish personal information such as your e-mail address, username or full name. To the extent that you contribute code, information, articles or other material to this site containing personal information, Thunderflash cannot protect the privacy of such personal information and such material may be provided to others under these terms, a corresponding contributor agreement and/or applicable licenses.

3. Liabilities

We do not guarantee to you the availability, access or continuity of connection to this website or the supply of information or of any of the various services offered through it. As a result, you will not hold us liable in the event of interruptions in the service, delays, malfunctions and, in general, any inconvenience whose origin lies in causes beyond the control of Thunderflash, or from a fraudulent or criminal action on the part of you, or force majeure.

Neither do we guarantee the use, procurement of results or infallibility of the contents provided over the website which, in all cases, are of an orientative and informative nature. This information was obtained from sources deemed to be reasonably reliable but should not be deemed infallible, and should be compared with other sources prior to you forming an opinion or making a decision. This is so specifically taking into account the fact that the Company does not control, supervise nor makes itself responsible for third party content, including dynamic content which may change over time, linked to from this site. All opinions, measures, downloads or actions of any nature adopted by you will be exclusively at your own account and risk.

IN NO EVENT SHALL THUNDERFLASH OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF THUNDERFLASH OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Thunderflash will only be liable for loss or damages incurred by you as a consequence of accessing the website, acquiring products or services, or using the contents or tools when such damages are attributed to wilful misconduct on the part of Thunderflash.

3. Disclaimer

Thunderflash assumes no responsibility for accuracy, correctness, timeliness, or content of the contents provided on this web site. You should not assume that the contents on this web site are continuously updated or otherwise contain current information. Thunderflash is not responsible for supplying content or materials from the web site that have expired or have been removed.

Without prejudice to the generality of the foregoing, Thunderflash does not assume any liability arising:

a) from use made by you of the content of this website;

b) from the content and opinions published by third parties herein;

c) from any activity that constitutes breach by you or third parties of these terms, including any illegal or fraudulent conduct, or breach of intellectual and industrial property rights; or

d) for any damages that may be caused to your equipment due to possible computer viruses contracted by you in browsing the website or for any other damages incurred due to their browsing.

THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

You shall hold Thunderflash harmless in the event of damages caused to third-parties as a result of your rightful or wrongful use of the products, services, contents or tools available on the website.

4. Security

The Company uses technology on its website to guarantee the protection of information. The Company guarantees that the contracting of products and services will be carried out in a secure environment. A secure environment is indicated by a padlock symbol in the browser status bar or the letter “s” after http in the address field of the browser. Further information on the use of cookies is set out in our Privacy Policy.

5. Law and Jurisdiction

The laws of Spain govern these Terms and Conditions. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Barcelona, Spain.

Version 1.0 – 1 April 2010