Flember websites (“Websites”), mobile applications (“Apps”), and related services (together with the Websites and Apps, the “Service”) are operated by Flember Inc. (“Flember,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Flember may amend, update, or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.
The Service allows users to access and use a variety of educational services, including learning, practicing memory techniques, and organizing study materials. Flember may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you must comply with our Community Guidelines.
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you as requested by Flember; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Flember, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
If you purchase any in-app services, these transactions will be processed by third-party payment processors. By using the Service, you agree to abide by the terms and conditions of these payment processors.
You agree to pay all fees and applicable taxes incurred by you or anyone using a Flember account registered to you. Flember may revise the pricing for the goods and services offered through the Service at any time. You will pay any applicable taxes related to any such purchases or transactions.
You agree to defend, indemnify and hold harmless Flember and its directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns from any and all losses, claims, causes of action, obligations, liabilities, and damages, including attorney's fees, arising out of your access or use of the Service.
Flember may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service.
All content available through the Service, including designs, text, graphics, images, information, software, and other files, and their selection and arrangement (“Service Content”), are the proprietary property of Flember or its licensors.
Use of the Service is also governed by our Privacy Policy, which can be accessed on our website. By using the Service, you consent to the terms of the Privacy Policy.
These Terms and Conditions shall be governed by and construed under the laws of the jurisdiction in which Flember operates, excluding any conflict of laws provisions.
Any dispute or claim relating to these Terms and Conditions or the Service shall be resolved by binding arbitration according to the provisions set forth in these Terms and Conditions. The arbitration shall be conducted in English and shall be governed by the laws of the jurisdiction in which Flember operates.
These Terms and Conditions constitute the entire agreement between Flember and you concerning the subject matter hereof. If any provision is found to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.