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Terms of Service

Last modified: Mar 03, 2018.


General Information

FlintCI is owned and operated by M. Sullivan SENECHAL as a self company. Sullivan SENECHAL ("FlintCI", "Sullivan SENECHAL", "we", "us" or "our") agrees to furnish services to the Subscriber (the "Subscriber", "user", you" or "your"), subject to the following Terms of Service. Use of FlintCI's service constitutes acceptance and agreement to FlintCI's Terms of Service.

Please read these terms carefully before accessing or using the service. By accessing or using any part of FlintCI, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions, then you may not access the service.

Use of Services

You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of France. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process.

You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify FlintCI of any unauthorized use of your account or any other breach of security. FlintCI will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

Acceptable Conduct

You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using FlintCI. You will not engage in any activity that interferes with or disrupts FlintCI's services or networks connected to FlintCI.

Prohibited Usage

You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that FlintCI will impose fees; and/or pursue civil remedies without providing advance notice. If in doubt, always contact us first.

Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

FlintCI and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States and European laws, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Content associated with content of an adult or pornographic nature, forgery, identity theft, wire fraud, money laundering, or terrorist activities is also prohibited. FlintCI's services may not be used to facilitate infringement of these laws in any way.

Other activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of FlintCI or FlintCI's customers.

Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

Support Boundaries

FlintCI provides technical support to our customers via our issues platform. You may mark your issue as confidential if you have to provide sensitive data. FlintCI provides support related to your repos being analyzed for given standards, or account related queries. FlintCI does not offer technical support for your application specific issues such as application configuration, programming, web or mail server configuration, or any other such issue. FlintCI also makes no guarantees about responsiveness, however, we aim to respond within 72 hours to all issues.

Account Cancellation Or Suspension

FlintCI will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. FlintCI reserves the right to terminate service without notice. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity.

If at any time it becomes necessary for FlintCI to cancel a customer's service without cause, FlintCI will provide 14 days advance notice.

You may cancel the service at any time by disabling the repos you set up. On some exceptional cases, you might ask the administrator to completely remove your account. Deleting your account may result of not recoverable data loss and FlintCI will not be reliable for that.

Disclosure To Law Enforcement

The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that FlintCI may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, FlintCI shall have the right to terminate all service set forth in this Agreement.

Security

Subscriber is solely responsible for maintaining the security of subscriber's code, created via the FlintCI service, or otherwise. FlintCI will not be held liable for bugs or errors, security related, or otherwise.

If you find a vulnerability, please report it to us immediately at the issues platform by creating a confidential issue ("This issue is confidential..." check box) for it. We ask that you do not publicly share the issue until it has been resolved.

Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which Subscribers gain access to the services; what content you access via the services; or how you may interpret or use the content.

You release us from all liability for you having acquired or not acquired content through the services. We make no representations concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the services.

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, CONTRACTORS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Limitation Of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF FlintCI HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FlintCI WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST FlintCI ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF FlintCI’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

Indemnity

FlintCI wishes to emphasize that in agreeing to the FlintCI Terms of Service, customer indemnifies FlintCI for any violation of the Terms of Service that results in loss to FlintCI or the bringing of any claim against FlintCI by any third-party. This means that if FlintCI is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against FlintCI, plus all costs and reasonable attorney's fees.

Changes

FlintCI reserves the right, at its sole discretion, to modify or replace any part of this agreement, further notice to you and this will be reflected by a "last modified" date above. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this agreement constitutes acceptance of those changes.

You agree that FlintCI may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on FlintCI services. FlintCI reserves the right at any time modify or discontinue, temporarily or permanently, the service with or without notice.

Entire Agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and FlintCI and govern your use of FlintCI services, superseding any prior agreements between you and FlintCI for the use of FlintCI services.

Choice Of Law And Forum

The Terms of Service and the relationship between you and FlintCI shall be governed by the laws of France without regard to its conflict of law provisions. You and M. Sullivan SENECHAL agree to submit to the personal and exclusive jurisdiction of the courts located within France.

Waiver And Severability Of Terms

The failure of FlintCI to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute Of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of FlintCI services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.