Terms of use

Welcome to www.myfirstflash.com, the social network that lets users share events, find and trace persons already seen or even just noticed and meet new friends (the “Site”). The contracting party and owner of all of the rights to the Site is ALNIRO Sagl, a company with offices of record in Comano (Switzerland).Below you will find the terms and conditions (the "Terms") governing access to the Site. As he accesses the Site, the user declares that he fully accepts the terms of this agreement. When registering, users will be required to explicitly confirm their acceptance (by clicking the appropriate box).Information concerning the protection of privacy and of personal data can be found in our Privacy Policy which can be accessed through this link.We wish you smooth sailing on www.myfirstflash.com.

A.Change of the Terms

The Site reserves for itself the right to change these Terms at any time and as it sees fit. Notice of intended changes to the Terms, the content of the changes and the effective date thereof will be published on the Site at least 7 days prior to the contemplated effective date. Once published, the new Terms are automatically binding upon all of the users. When accessing the Site it is incumbent upon the user to check the status of these Terms. Use of the Site after the new Terms have taken effect implies their acceptance by the user. If the user does not intend to accept the new Terms, he must immediately cease using the Site.

B.Services and Functionality

The Site provides users with services and functionality (the "Services") free of charge. The Site reserves for itself the right to alter or discontinue the Services as it sees fit and without any advance notice. The user agrees and accepts that within the limits allowed by law the Site is not in any way liable for whatever prejudice he or any third parties may incur due to malfunction of the Site, whether caused by action or omission.
If the user is not satisfied with the operation of the Site he is kindly requested to send any comments to complaint@myfirstflash.com. The Site undertakes even now to seriously consider such opinions, but does not commit to answer and/or act upon them. Registration to the Site is open to persons age 14 and older. By applying for registration the user declares and represents that his reported age is truthful.

C.Access

By accessing the Site and/or using the Services, the user acknowledges his acceptance of these Terms. The use of the Site in a manner not consistent with these Terms constitutes a contractual violation. Such use may - depending on circumstances - include improperly accessing information systems, tampering with data, infringing intellectual property or illicitly using the resources present on the Site.
In order to access privileged areas of the Site and use certain services (e.g. to view the entries of registered users) one must register and provide certain personal information (on this see Item B of the Privacy Policy). In this connection a registered user undertakes to (a) supply truthful, accurate, up-to-date and complete information about himself and (b) maintain such data current in order to keep it truthful, accurate, up-to-date and complete.

D.User Account, Password and Security

During the course of the registration procedure the user is assigned a user name and a password. The user undertakes to employ his best efforts in order to protect the confidentiality of such data. He is solely liable toward the Site for any activity traceable to the use thereof. In the event of unauthorised use of the user name and password assigned to him or of any other security breach that may come to his knowledge, the user undertakes to promptly change his password and to promptly inform the Site.

E.Contents and Information Available on the Site

The Site does not conduct any monitoring or checking of content originating from users or transient third-party users or available on its information systems or on the Site.
The Site may (but shall not be obligated to) submit to verification the users' requests for affiliation. In any event the Site accepts no liability nor provides any guarantees in regard thereto. The Site allows registered users to publish information and to communicate with one another. The Site has no control over such information / communications nor does it accept any obligation to verify the same as to truthfulness, lawfulness, completeness or reliability. Accordingly the user acknowledges and accepts that the Site is in no way liable for such information, nor for any content, product, service or any other thing supplied on the Site or otherwise by registered users and/or by third parties. The user further acknowledges and accepts that the Site is not directly or indirectly liable for any damages or losses actually or presumptively caused by or in connection with the use of or reliance on any content, item or service available on the Site and/or supplied by visitors, registered users and/or third parties.

F.Site-External Contents and Links

The Site contains links to external sites and to other resources available via the Internet. The Site has no control over such sites and resources and does not verify their legality, the quality of their contents or their security. Consequently the user acknowledges and accepts that the Site is not in any way liable for the usability/accessibility of such sites or third-party resources nor for any content, advertising, product, service or other material present or available on such sites or resources. The user further acknowledges and accepts that the Site is not liable, directly and/or indirectly, for any damage or losses caused or presumably caused by or in connection with the use of or reliance on any content, asset or service available on/through such sites or outside resources.

G.Intellectual Property and Policy Regarding Links

The Site claims any and all intellectual property rights regarding the Site, its graphic layout, its databases and the contents produced by it as well as any registered or non-registered trademarks. The user may not alter, copy, publish, reproduce, transmit, divulge, market, create derivative or second-hand works from, visualise or in any way exploit the Services or any content/functionality available on the Site, except for the personal use of the Site and of its services, unless prior consent in writing is issued by the owner of the Site.Subject to discretionary revocation at any time, the Site authorises links to the Site's introductory page (homepage) so long as such links do not harm the Site's reputation. Conversely, links to the inside pages of the Site (deep links) or the embedding of contents in third-party sites (in-line linking and framing) are prohibited unless prior consent in writing is issued by the owner of the Site.

H.No Guarantee

The user expressly acknowledges that any use of the Services and of the website occurs at his own risk and peril. The Services and the website are provided "as is" and "as available". Unless otherwise contemplated by law, the Site does not provide any explicit or implied warranty of any kind, inclusive of (but not limited to) any warranty as to merchantability, appropriateness and safety. It does not warrant, in particular, that the Site and its services will satisfy the user's expectations nor that the use of the Site's services will be uninterrupted, prompt, safe and error-free. The Site does not guarantee the accuracy, truthfulness and/or reliability of any information and/or communications published on and/or conveyed by the Site and/or originating from the services connected with it, nor does it guarantee that any defects – even though posted – will be corrected.

I.Limitation of Liability

The user fully bears the risk derived from accessing, using and navigating on www.myfirstflash.ch.
The user acknowledges and accepts the fact that the Site, as well as any and all individuals, entities and companies connected with its activity, within the limits allowed by law refuse any liability for damage of any kind (in particular: direct and indirect damage, damage to reputation, loss of profit, etc.) the user may incur by accessing and using the Site.The Site may at any time cut, curtail or discontinue, without prior notice and in its full discretion, the availability/usability of the Site and Services. The user shall be owed no indemnification in the event that the Site avails itself of such right.

J.Conduct of the User

  1. The user undertakes not to use the Site and/or its Services in a manner that is illegal, immoral or harmful to third-party rights, with particular reference to the communications conveyed on/through the Site.
  2. In particular, the user undertakes not to convey through the Site and/or its Services any material of an illicit, harassing, libelous, abusive, threatening, damaging, vulgar, obscene, pornographic or otherwise inappropriate nature.
  3. The user guarantees that his communications/messages to/on the Site have been checked by an up-to-date anti-virus application and are therefore free of any malicious elements.
  4. The user undertakes not to convey material that encourages behaviour which may constitute criminal conduct, cause civil liability or infringe Swiss and/or foreign laws.
  5. The user undertakes not to use the Site and/or its Services for the purpose of committing acts that are illicit, fraudolent or injurious to the rights of third parties, inclusive of the right to privacy (private life) and other personal rights (in particular to image, name and honor).
  6. Any actual or attempted unauthorised access to the Site's electronic data processing system is prohibited.
  7. The user undertakes not to use any spiders, robots and similar means in an effort to sift through the contents of the Site. He further undertakes to abstain from using any means, inclusive of software, aimed at interfering or attempting to interfere with the activity of the Site or at hindering its enjoyment by users. The user undertakes not to do anything that might directly or indirectly place the Site and/or its IT infrastructure under excessive load.

K.User-Generated Content

The Site allows the User to send and to publish messages, comments, links, files etc. on the Site and on the resources connected therewith. The user declares and represents that such content meets the requirements set by these Terms. In this connection, he undertakes to hold the Site and other users free and clear of any loss or damage resulting from the publication of content that is not consistent with these Terms.The publication of contents on the Site does not imply that the Site approves or subscribes to them. The Site does not do any advance and/or impromptu checking of contents published by users, particularly as regards links to third-party resources. The Site reserves for itself the right (but shall not be obligated) to check any inputs/uploads by users prior to or after their publication. Users shall have no claim to have their own contents published. Hence the Site has the right, without prior notice and in its sole discretion, to not publish such contents or to remove any contents already published.With regard to user messages, information, data, graphs, photographs, images, creative ideas, concepts, know-how, techniques, suggestions or improvements or any other contents any user conveys, forwards, publishes on or uploads to the Site and/or in connection with any service provided by the Site, he grants to the Site a world-wide non-exclusive license for the maximum term contemplated by law, with the right to sublicense, to use, reproduce, modify, publish, translate, prepare derivative/second-hand works and to distribute such contents for any purpose and in any form, subject to the provisions regarding the protection of privacy and of personal data. The said license is granted automatically and free of charge. By forwarding such contents the user thus declares and guarantees that he is entitled to dispose of such material and to grant the aforesaid license.

L.Relationship with Advertisers and Suppliers of Goods and Services

Any transactions – especially as regards the supply of goods and/or services (concerning terms, warranties, representations etc.) − between users and third-party advertisers and/or business partners etc. of the Site shall affect solely the user(s) and such third parties. The Site provides no guarantee with regard to the operation of third parties nor does it accept liability for any damage resulting from transaction with any such third parties.

M.Indemnification

The user agrees to indemnify/hold free the Site and any affiliated companies, partners, executives, associates, representatives, agents, employees, assigns and transferees from any damages incurred or from any third-party claims and/or demands, inclusive of legal costs and counsel fees, resulting from the illicit use of the Site and/or Services, the failure to abide by these Terms or the violation of any provision of law by the user.

N.Exclusion from the Site

The Site reserves for itself the right, in its own discretion, to decide whether the user's conduct is consistent with the letter and spirit of these Terms.The Site reserves for itself the right to suspend, limit or terminate the user's registration as well as to wholly or partially bar the user from accessing/using the Site and/or the Services, particularly if the user's conduct is deemed to be not consistent with these Terms.

O.Abstention Does Not Imply a Waiver or Contractual Alteration

The fact that the owner of the Site abstains from the exercise of some of his rights or prerogatives or from enforcing some of the provisions herein shall not be construed as a subsequent waiver of such rights and/or prerogatives or as acceptance of a proposal to alter the Terms hereof.

P.Severability

If any provision of this agreement turns out to be invalid or inoperative, the remaining provisions shall nevertheless remain in full force and effect.

Q.Applicable Law and Venue of Competent Jurisdiction

The Terms of Use and the various relationships between the user and the owner of the Site, with regard to the access and use thereof, are governed by material Swiss law, barring the provisions of private international law, subject to any applicable imperative foreign rules and/or statutes.The parties choose the Courts of Lugano (Ticino) as the sole venue of competent jurisdiction in the event of controversies arising from or simply related to the use of the site www.myfirstflash.com, subject to any applicable imperative foreign rules and/or statutes with regard to jurisdiction.

R.Adoption and Updates

These Terms of Use have been adopted on 31 January 2013.