Terms of Service

Updated as of February 15, 2015


1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content and functionality made available through the ComputerFlashcards domain name, the "ComputerFlashcards Website," or "Website") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) ComputerFlashcards's privacy notice, found at http://www.computerflashcards.com/privacy/ and incorporated here by reference. If you do not agree to any of these terms, or the privacy policy, please do not use the ComputerFlashcards Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most recent version. ComputerFlashcards may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. ComputerFlashcards Website

A. These Terms of Service apply to all users of the ComputerFlashcards Website, including users who are also contributors of flashcard content, information, and other materials or services on the Website. The ComputerFlashcard Website includes all aspects of ComputerFlashcards, including but not limited to all products, software and services offered via the website.

B. The ComputerFlashcards Website may contain links to third party websites that are not owned or controlled by ComputerFlashcards. ComputerFlashcards has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve ComputerFlashcards from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when leaving the ComputerFlashcards Website and to read the terms, conditions, and privacy policies of each other website that you visit.

3. ComputerFlashcards Accounts

A. To access and use some features of the Website, you will need to make a ComputerFlashcards acccount. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ComputerFlashcards of any breach of security or unauthorized use of your account.

B. Although ComputerFlashcards will not be liable for your losses by any unauthorized use of your account, you may be liable for the losses of ComputerFlashcards or others due to such unauthorized use.

4. General Use of the Website

A. You agree not to distribute in any medium any part of the Website, including but not limited to user submitted content, without ComputerFlashcards prior written authorization.

B. You agree not to alter or modify any part of the Website any of its related technologies.

C. You agree not to access any ComputerFlashcards content through any technology or means other than the pages of the Website itself, or other explicitly authorized means ComputerFlashcards may designate.

D. You agree not to use the Website for any commercial use, without the prior written authoriation of ComputerFlashcards. Prohibited commercial uses include any of the following actions taken without ComputerFlashcards express approval:

E. Prohibited commercial uses do not include: F. You agree not to use or launch any automated systems, including without limitations, "robots," "spiders," or "offline readers," that accesses the Website in a matter that sends more request messages to the ComputerFlashcards server in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. ComputerFlashcards grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ComputerFlashcards reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their content.

G. ComputerFlashcards reserves the right to discontinue any aspect of the ComputerFlashcards Website at any time.

5. Your Use of Content

A. The content and information displayed on the ComputerFlashcards Website including without limitaiton, text, software scripts, graphics, photos and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned or licensed to ComputerFlashcards, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the written consent of the respective owners. ComputerFlashcards reserves all rights not expressly granted in and to the the Website and the Content.

B. You agree not to engage in the use, copying, or distribution of any Content other than expressly permitted herein in, including any use, copying or distribution of user submitted content obtained through the Website for any commercial purposes.

C. You agree not to circumvent, disable, or otherwise interfere with security-related features of the ComputerFlashcards Website or features that prevent or restrict use or copying of any Content or enforce limitations on ComputerFlashcards on use of the Website or the Content therein.

D. You understand that when using the ComputerFlashcards Website, you will be exposed to other user's submitted content, and that ComputerFlashcards is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submitted content. You further understand and acknowledge that you may be exposed to user submitted content that are inaccurate, offensive, indecent, or objectionable, and you agree to wave, and hereby do waive, any legal or equitable rights or remedies you have or may have against ComputerFlashcards with respect thereto, and agree to indemnify and hold ComputerFlashcards, its Owner/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Submissions and Conduct

A. As a ComputerFlashcards account holder you may submit flashcard content, which may include text or photographic information. You understand that whether or not such content is shared, ComputerFlashcards does not guarantee any confidentially with respect to user content.

B. You shall be solely responsible for your own submitted content and the consequences of posting or publishing them. In connection with user submitted content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ComputerFlashcards to use all patent, trademark, trade secret, copyright or other proprietary rights to enable inclusion of such content in the manner intended by the Website and these Terms of Service.

C. By submitting content to ComputerFlashcards, you hereby grant ComputerFlashcards a worldwide, non-exclusive royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivatives works of, display, and perform the user submitted content in connection with the Website, including without limitaiton for promoting and redistributing part of all of the content in any media and through any media channels. You understand that ComputerFlashcards may retain, but not display, distribute, or perform, server copies of user submitted content that have been removed or deleted.

D. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post materials and to grant ComputerFlashcards all of the license rights granted herein.

E. ComputerFlashcards does not endosure any user's submitted content, opinion, recommendation, or advice epressed therein, and ComputerFlashcards expressly disclaims any and all liability in connection with a user's submitted content. ComputerFlashcards does not permit copyright infringing activities and infringment of intellectual property rights on its Website, and will remove all of a user's content if properly notified that such content infringes on another's intellectual property rights. ComputerFlashcards reserves the right to remove content without prior notice.

7. Account Termination Policy

A. ComputerFlashcards will terminate a user's access to its Website, if under appropriate circumstances, they are determined to be a repeat infringer.

B. ComputerFlashcards reserves the right to decide whether content or a user is complying with these Terms of Service for violations other than copyright infringement, but not limited to, pornography, obscene or defamatory material, or excessive length. ComputerFlashcards may remove such user submitted content and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

A. If you are a copyright owner or agent thereof and believe that any content infringes upong your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17. U.S.C 512(c)(3) for further detail): ComputerFlashcards' designated Copyright Agent to receive notifications of claimed infringement is: Robert Meyer, PO Box 423477, San Francisco, CA 94142. Only DMCA notices should go to the copyright Agent.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE COMPUTERFLASHCARDS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPUTERFLASHCARDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COMPUTERFLASHCARDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPUTERFLASHCARDS WEBSITE. COMPUTERFLASHCARDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPUTERFLASHCARDSs WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPUTERFLASHCARDS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL COMPUTERFLASHCARDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF O UR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPUTERFLASHCARDS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPUTERFLASHCARDS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by ComputerFlashcards from its facilities in the United States of America. ComputerFlashcards makes no representations that the ComputerFlashcards Website is appropriate or available for use in other locations. Those who access or use the ComputerFlashcards Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless ComputerFlashcards, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ComputerFlashcards Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the ComputerFlashcards Website.

12. Ability Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the ComputerFlashcards Website is not intended for children under 13. If you are under 13 years of age, then please do not use the ComputerFlashcards Website. There are tons of other web sites for you. Talk to your parents about what sites are appropriate for you.

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