This agreement was written in French. To the extent any translated version of this agreement conflicts with the French version, the French version controls.
These Terms and Conditions of use (the "Terms") have the purpose to determine the characteristics, terms and conditions of use of Flashgap and to define the rights and obligations of all users.
The Application is available on the Apple Store and Google Play for free and is accessible to any user with access to the Internet. All costs relating to access and use of the application such as hardware costs, software or Internet access are solely the responsibility of the user.
By downloading, accessing, or using the mobile applications Flashgap, websites, or other products or services of Flashgap.Inc, you acknowledge that you have read, understood, and agree to be bound by the following terms.
These Terms are available on the Application in the Setup tab and also on the website Flashgap.com on the URL: https://www.flashgap.com/terms.
Application : means the mobile software application operated by Flashgap, allowing a user to create an album that can be used on Apple iOS and Android OS devices.
Album : album of photographs taken exclusively via the Application, created by a User. Also called Event within the application.
Shot : group or photographs from an Album shared publicly by the User.
User : Any person who created an account giving him permission to create an Album and / or share and / or consult it.
Map : Google Map integration allowing Flashgap to display the User position on a Satellite Map.
Service(s) : all the services offered by the Application and defined in Article 3 of these Terms.
Flashgap offers to Users through the Application the following Services:
Services are available in Wi-Fi and 3G / 3G + / 4G on iPhone smartphones (from IOS 7.1), subject to downloading the free application "Flashgap" from the Apple Store. This application allows you to access all of the Services.
Services are available in Wi-Fi and 3G / 3G + / 4G on Android smartphones from Android 4.1, subject to downloading the free application "Flashgap from the Google Play store. This application allows you to access all of the Services.
Flashgap is intended for people who are at least 13 years old. Persons under the age of 13 are prohibited from creating Flashgap accounts.
In order to access and use our services, you need after downloading the application to register and create an account
All users should read these Terms available on the Application in the “settings” tab and also on the website via the URL https://www.flashgap.com/terms.
In any event, any use of the Application by the User constitutes the full acceptance of Terms in effect.
Flashgap reserves the right to modify these Terms with any changes deemed necessary and useful as stated in Article 11 of these Terms.
Users will be invited to take note of any modified Terms.
Accessing the following services: creation and / or distribution and / or consultation of an Album, requires the creation of a User Account.
Creating a User account requires a Facebook account to use the Facebook login service. The name associated to the Facebook account and the profile picture will be used to create the Flashgap user profile.
When creating an Account, you may be required (Optional) to provide your mobile number in order to verify your Account by text message.
Then users identify through their Facebook account. All users enjoy a permanent and secure access to their account.
Users can change their profile through the ‘Settings’ tab.
The User Account is strictly personal.
The email address and password associated with an account are personal and confidential. Users are solely responsible for their use.
The User agrees to keep his password secret and not disclose it to any third party for any purpose whatsoever.
For passwords lost or forgotten, the user can reset it by entering the email address related to his personal account; he will then be redirected to the following link on the web site: password reset link.
He will indicate again the email address to which he will receive a secure link to reset your password.
Users are solely responsible for the consequences of using their accounts and acknowledge that any connection or data transmission performed using a username and password will be deemed to be made by him.
1.Any user can create one or more free Album (s) through the first page of the Application entitled "Create".
The user can specifie the name of the Album.
2.Users that create an Album may invite one or more other users to join him on the Application to participate in the creation and / or distribution and / or consultation of the Album, by sending them a message via the Application or SMS.
Users accept the invitation or not by clicking Accept or Decline.
Only photos taken through the Application can be integrated to a Flashgap Album created by a Flashgap user.
3.Any photo taken through the Application by a user is visible for only three seconds, time during which the user has the power to confirm or delete the photo taken.
Beyond the three-second delay, photography is automatically validated by the application and integrated in the Album.
It is specified that Flashgap expressly reserves the right to refuse and not to integrate in an albums any photos that does not appear to comply with these Terms and in the Article 8 found below.
Validated photos are stored and hosted on the GOOGLE CLOUD servers (GOOGLE 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
The Album and all photos will be available and accessible on the Application, on noon, the day after the Album creation.
The album and it’s content is visible and usable (add comments ...) by users who have accepted the invitation that was sent to them.
Any user participating in an album will be able to upload photos from this album to his device in the sole purpose of preserving and consulting them in strictly private way.
Users agrees not to transmit any photos coming from the application to a third party and / or use them for any other purpose whatsoever and on any media whatsoever, including via the Internet and social networks.
In any event, the user will remain solely responsible for the use made of the photographs uploaded without the permission of the person concerned and any direct or indirect damage that would result.
Following the publication of the Album on the Application, the User has the right to delete any photographs taken by himself of that Album.
Everyone has the opportunity to request the removal of any photo by pressing the tab “Report” allowing access through a link to www.flashgap.com website and the removal process will be implemented.
Once an album is released, the User can share a Shot containing one to four photos from the Album.
Shots are public and are directly visible by all the Users who added the sender as friend.
The Map allows Users to share their geolocation with members of the same Album.
The User choses are not to share his position. The last User choice (share or not) is the default choice for the future use of this feature
The Album members can consult other members positions on a Map using the Google Maps services.
Flashgap reserves the right to alter and / or improve the application at any time it deems necessary or advisable and shall in no event or no way be liable for damages resulting from this.
Flashgap also expressly reserves the right to withdraw the application at any time and for any reason whatsoever.
Flashgap may decide to charge the Application, this by notifying all users in reasonable notice.
All intellectual property rights, particularly copyrights, on the overall structure of Flashgap as well as the texts, images, animated or not, photographs, sound and any other element composing the application, remain Flashgap’s property or the respective owners subject to the content protected by intellectual property rights belonging to users (see below 6.2.).
Any use, commercial or otherwise, including any downloading, copying, reproduction, distribution, transmission, diffusion, adaptation, translation or representation of all or part of the Application, by any means, present or future processes on any current or future media without the prior written permission of Flashgap is prohibited and may result in legal proceedings, particularly in respect of infringement punishable by articles L. 335-2 of the Code of Intellectual Property, subject to the application of Article L. 122-5 of the Code.
Any authorized use of or elements or content of the Application and belonging to Flashgap must not be distorted, modified or altered.
All intellectual property rights including copyrights related to the website and its components (graphic design, content, texts...) are the exclusive property of Flashgap and can not be used and / or reproduced without prior written permission.
Flashgap is a registered brand in FRANCE under the number 14/124611.
Any use of a similar sign or identical to designate goods and / or services identical or similar to Flashgap is prohibited unless express prior authorization of Flashgap.
Flashgap manages and operates the Application and benefits a license to use the intellectual property rights attached to Albums content provided by Users to broadcast on the Application, and throughout the entire Album existence.
Under this license, Flashgap is authorized to reproduce and display the content (texts, photos,) provided by users, on all or parts of the Application.
In this context, Flashgap may modify content in order to adjust it to the conform look of the Application and / or to make them compatible to its technical issues or performances.
In no case does Flashgap acquire physical or intellectual property Albums and/or their content.
Flashgap acts as a content host.
As such, Flashgap has no general obligation of surveillance on broadcasted content on the application by users.
Flashgap can not be held liable for damages resulting from the inadequacy of the application for a particular purpose or expectations and user needs.
Flashgap can not be held responsible for the use that any users make with the information that is made available through the Application, the user is and remains solely responsible for his decisions and choices that it did.
Flashgap strives to provide access to services without interruption except case of majeure force or an event beyond its control, and subject to any maintenance necessary for the proper operation of the Services or the Application and / or interventions for improvement and / or changes in the Services or Application, which can be carried out without Flashgap notifying in advance the Users.
In no event can Flashgap be held responsible for interruptions of access to the service and their harmful consequences, regardless of the extent, for the User or any third party, except direct damages resulting from a serious or intentional misconduct from Flashgap.
Furthermore, it is up to each user to take all appropriate measures to be protected against contamination of its data, software or hardware by viruses that may be circulating through the Application or the information published on it, and manage backup of downloaded files.
The User expressly acknowledges and agrees that any content obtained using the Application is carried out under its responsibility and is fully responsible for any damage to his mobile phone system and the loss of data that could result from the download of such content.
The User is personally and solely responsible for the telephony hardware, software, browser, modem, or generally any equipment needed for the use of the Application.
Flashgap can not be held responsible for any malfunction of any kind, relating to the devices giving users access to the services.
1.The user agrees to use the Application in compliance with all the requirements set out in these terms.
Users accept that the use of the Application, information and tools included in or accessible through the Application is under his own responsibility.
Users agree to not download and / or add others applications that could impede the proper functioning of the Application.
In any event, users will be solely responsible for damages of any nature whatsoever that may be caused on this occasion.
2.Users are solely responsible for the comments made and / or photos or images, and, more generally, any content broadcasted in an Album; Flashgap will in no way be held responsible for the contents, opinions, feedback, comments, images, photographs or any other materials or information posted by a user in an album or on the "chat".
All user specifically agrees:
The User is prohibited any act likely to prejudice the proper functioning of the Application or Services and / or harm the reputation of Flashgap.
Flashgap reserves the right to remove any illegal content or infringe rights of third parties, as soon as they are aware.
3.All content / photos not complying article 2 may be reported by any Flashgap user by clicking on the tab "Report" in the Application.
Users are informed that abusive notifications are punishable under the law on Confidence in the Digital Economy (LCEN) of a sentence of one year imprisonment and a € 15,000 fine.
4.Users are expressly forbidden to disseminate and use in any form and on any media whatsoever, for any purpose whatsoever, any photos taken through the Application.
In any event Flashgap can not be held responsible for such distribution and its harmful consequences for users or third parties.
1.The User can stop using the Application or the Service at any time causeless.
He can also at any time ask Flashgap to close his user account.
This request needs to be address by registered letter with acknowledgment of receipt to the address specified in article 13 and will take effect as soon as Flashgap receives it.
In the ten days following the reception of this letter, Flashgap will delete the User’s file and stop using it for any purpose afterward.
Flashgap can confirm the deletion of these personal files if the User explicitly asks it.
2.FlashGap can at any time stops, without notice, temporarily or definitely, the access to the Service to any User who does not respect this Terms.
Flashgap, in order to provide the Services, may be required to collect personal data about the Users.
FlashGap uses these informations with the utmost confidentiality.
In application of the French law n°78-17 of January 6th, 1978 edited, so-called in French « Informatiques et Libertés » that could be translated as « Data Protection Act », the treatment of these personal data gathered by the Application has been declared to the CNIL.
The User is informed, in accordance with article 32 of the French Law « Informatique et Libertés », that the informations communicated to Flashgap, especially with the forms on the Application or at the address firstname.lastname@example.org are required to provide the Services and are destined to Flashgap for administrative or commercial application.
That User accepts that his personal data collected may be used for analysis, notably with GOOGLE ANALYTICS.
Flashgap does not share this informations to any third party, except if the user asks it explicitly.
Flashgap keeps this informations until an account deletion request from the User.
The User is informed that he has the right to access, edit and delete his personal data.
The user also has the right to object to the processing of his personal data for legitimate reasons and the right to object to the commerciale use of this data.
All these rights can be obtained from Flashgap at the address referred below in Article 13.
Flashgap considers the personal informations such as name, address, email, phone number as private and confidential informations.
The informations provided by the User are exclusively used by Flashgap for the Services and are not disclosed to any other organisation (except required disclosure by the law or a judicial or administrative inquiry).
Flashgap reserves the right to modify these Terms with any changes deemed necessary and useful, notably to adapt to any evolution or exploitation of the mobile application and/or to the evolution of the law and/or the Service.
If Flashgap makes changes to these Terms, it will provide notice of such changes, such as by sending a notification. Your continued use of the Services will confirm your acceptance of the revised Terms.
Any user refusing the Terms prohibits himself to use the Services.
Or by sending an email to the following email address : email@example.com.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms & Conditions have been issued under French law. French law is applicable, and the Paris Courts have jurisdiction.This agreement was written in French. To the extent any translated version of this agreement conflicts with the French version, the French version controls.
Any user residing outside of FRANCE agree and acknowledge that any dispute between you and Flashgap will be governed by the French law and the French court without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.