Terms of Use

We know it's long, but we have to cover this.

Last Revised: November 10, 2020

Please read these Terms of Use Carefully. Accessing or using this website constitutes acceptance of these Terms of Use, as such may be revised by FleminCo Enterprises at any time. This is a binding agreement between the user and FleminCo Enterprises governing the use of the website. If you, the user, does not agree to these terms, then the user should not access or use this website. These terms contain provisions and disclaimers that limit our liability to the user.

These Terms apply to your access to, and use of, all or part of any website of FleminCo Enterprises or online service where these Terms are posted (collectively, the "Sites"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with FleminCo Enterprises for products, services or otherwise.

In the event there inconsistency or any conflict between these Terms and any other terms of use that appear on the Sites, these Terms will govern. If you navigate away from the Sites, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.

While we make reasonable efforts to provide accurate and timely information about FleminCo Enterprises on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about FleminCo Enterprises.

You agree that we may provide amendments, disclosures and notices to these Terms by electronic means, including by changing these Terms by posting revisions on the Sites.

Eligibility

The Sites are not intended for use by, nor targeted towards, anyone under the age of 13. If the User is between the ages of 13 and 18, he or she may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms. User warrants and represents that (a) he/she is not listed on any U.S. government list of restricted or prohibited parties; and (b) he/she is not located in a country that has been designated by the U.S. government as a "terrorist supporting" country, or that is subject to a U.S. government embargo.

Privacy

Please read the Privacy Policy carefully to understand how FleminCo Enterprises collects, discloses, and uses personally identifiable information from its users. By using or accessing the Sites, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

Unless otherwise indicated, the Sites and other materials and all content therein, including, without limitation, the FleminCo Enterprises and all information, designs, graphics, text, pictures, data, sound files, software, other files and the selection and arrangement thereof (collectively, "Site Materials") are the property of FleminCo Enterprises or its licensors or users and are protected by U.S. and international copyright laws. FleminCo Enterprises, the FleminCo Enterprises logo, and other FleminCo Enterprises trademarks, service marks, graphics, and logos used in connection with the Sites are trade names, trademarks or registered trademarks of FleminCo Enterprises. These trademarks may not be imitated, copied, or used, in whole or in part, without the prior written permission of FleminCo Enterprises or the applicable trademark holder. The Sites and the Content are protected by trademark, copyright, patent, trade secret, state and federal laws, and international treaties, other proprietary rights and also may have security components that protect digital information only as authorized by FleminCo Enterprises or the owner of the Content. All rights not expressly granted are reserved.

Subject to these Terms, FleminCo Enterprises grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Sites for personal use only in accordance with these Terms ("User License"). Any use of the Sites in any other manner, including, without limitation, transfer, modification, resale or distribution of the Sites or text, music, pictures, barcodes, video, data, displays, hyperlinks, and other content associated with the Sites ("Content") is prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith These Terms and User License also govern any updates to, or supplements or replacements for, the Sites, unless separate terms accompany such supplements, updates, or replacements, in which case the separate terms will apply.

Digital Millennium Copyright Act ("DMCA") Notice

If you believe any material available on or communication via the Sites infringes a copyright you control or own, you may file a notification of such infringement with our Designated Agent as set forth below.

FleminCo Enterprises
Customer Care
281-619-6016
admin@thestallninja.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including attorneys' fees and costs, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against material posted by you on the Sites, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If FleminCo Enterprises receives a valid counter-notification, it may reinstate the disabled or removed material in accordance with the DMCA.

In accordance with the DMCA and other applicable law, FleminCo has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. FleminCo Enterprises may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Acceptable Use

User’s use of the Sites, any Content, and any information provided by the User including user names and passwords, addresses, e-mail addresses, phone number, information related to employer name ("User Information") transmitted in connection with the Sites, financial information (such as credit card numbers), is limited to the contemplated functionality of the Sites. In no event may the Sites be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by FleminCo Enterprises; (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access FleminCo Enterprises or Content that is not authorized by FleminCo Enterprises; (f) uses or launches any automated system, including without limitation, "spiders," "offline readers," or "robots," to access FleminCo Enterprises or Content; (g) attempts to introduce viruses or any other computer code, programs, or files that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to FleminCo Enterprises’ computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair FleminCo Enterprises’ servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively "Acceptable Use"). FleminCo Enterprises reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in the Sites, remove Content, or assert legal action with respect to Content or use of the Sites, that FleminCo Enterprises reasonably believes is or might be in violation of these Terms, or FleminCo Enterprises policies. FleminCo Enterprises’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

User Content

FleminCo Enterprises does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is FleminCo Enterprises liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as public and open community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain content and information you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.

If you become aware of User Content that you believe violates these Terms (with the exception of copyright infringement which is addressed in the Digital Millennium Copyright Act Notice section), you may report it by e-mailing admin@thestallninja.com with the subject "User Content Possible Infraction". Enforcement of these Terms however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or promise or any reasonable expectation that the Sites will not contain any content that is prohibited by these Terms. Although FleminCo Enterprises has no obligation to screen, edit or monitor any of the User Content posted on the Sites, FleminCo Enterprises reserves the right, and has absolute discretion, to screen, remove, or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you store or post on the Sites at your sole expense and cost.

If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.

You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to FleminCo Enterprises that you grant herein. FleminCo Enterprises claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant FleminCo Enterprises and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to sell, use, reproduce, combine with other works, prepare derivative works, alter, distribute copies, translate, display, publish, perform, license or sub-license the User Content and your name and likeness provided in connection with such use of your User Content. By posting User Content, you hereby release FleminCo Enterprises and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.

Submission of Ideas

Separate and apart from the User Content you provide, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about FleminCo Enterprises, our Sites and our products (collectively, "Ideas") to admin@thestallninja.com or through our "Contact Us" form submission. The Ideas you submit are voluntary, non-confidential, gratuitous and non-committal. Please do not send us Ideas if you want to continue to own or claim rights in them or expect to be paid; your Ideas might be great, but we may have already had the same or similar idea and we are not obligated to respond or reach out regarding these ideas unless otherwise noted. If you have a registered or pending patent relative to the idea, you must inform us.

You warrant and represent that your Idea is not subject to any confidentiality obligations or third party intellectual property encumbrances and that you control and own all of the rights to the Idea and have the authority to grant the rights to FleminCo Enterprises that you grant herein.

By submitting your Idea, you grant FleminCo Enterprises and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Idea and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Idea, you hereby release FleminCo Enterprises and its agents and employees from any claims that such use violates any of your rights.

FleminCo Enterprises shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Idea or a similar idea of its own.

Links to Sites

You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray FleminCo Enterprises in a false, derogatory, misleading, or otherwise defamatory manner and provided further that the linking site does not contain any obscene, sexually explicit, pornographic, or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use FleminCo Enterprises' logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, utilize framing techniques or frame to enclose any FleminCo Enterprises trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any trademark, patent, copyright or proprietary right of FleminCo Enterprises or any third party. FleminCo Enterprises makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the Sites. Such sites are not under the control of FleminCo Enterprises and FleminCo Enterprises is not responsible for the content of any linked site or any link contained in a linked site, or any review, updates or changes to such sites.

Warranties; Disclaimers

FleminCo Enterprises is providing the sites to the user "as is" and the user is using the sites at his or her own risk. To the fullest extent allowable under applicable law, FleminCo Enterprises disclaims all warranties, whether express or implied, including any warranties that the sites are merchantable, available, reliable, accurate, fit for a particular purpose or need, non-infringing, free of defects or viruses, able to operate on an uninterrupted basis, that the use of the sites by the user is in compliance with laws applicable to the user, or that information transmitted in connection with the sites will be successfully, accurately, or securely transmitted or received. The materials and information on the sites may include typographical errors or technical inaccuracies. Notwithstanding the foregoing, none of the disclaimers in this paragraph shall apply to warranties related to personal injury so please see the individual product or service information or contact admin@thestallninja.com.

No Liability

Subject to applicable law, including with respect to liability for personal injury or non-waivable statutory rights under New Jersey Law, in no event shall FleminCo Enterprises or its directors, officers, shareholders, employees, or agents (A) be liable to the user with respect to use of the sites, the content or the materials contained in or accessed through the sites (including without limitation any damages caused by or resulting from reliance by user on any information obtained from FleminCo Enterprises), or any damages that result from interruptions, mistakes, omissions, deletion of files or e-mail, defects, errors, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, theft, communications failure, destruction or unauthorized access to FleminCo Enterprises' records, services or programs; and (B) be liable to the user for any special, indirect, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, loss, lost profits, theft or corruption of user information, or the inability to use the sites or any of their features. It is the user's responsibility to cease use of the sites immediately.

If you reside in a jurisdiction other than New Jersey, your jurisdiction may not allow the limitation of liability in contracts with consumers, so some or all of these limitations may not apply to you.

Third Party Content, Products, Sites, and Services (including Promotions and Advertising)

FleminCo Enterprises may provide third party content on the Sites (including embedded content) or links to third-party web pages, content, applications, products and services, including advertisements and promotions (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by FleminCo Enterprises of any site or any information contained therein, and can make no guarantee as to its completeness or accuracy. You acknowledge and agree that FleminCo Enterprises is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk. When you visit other sites via Third Party Content, or business dealings with third parties or participate in promotions, you should understand that our terms and policies no longer govern, and that the policies and terms of those third-party sites will now apply. You should review the applicable policies and terms, including privacy and data gathering practices, of any site to which you navigate from our Sites. You must comply with any applicable third-party terms when using the Sites.

Modifications to the Sites

FleminCo Enterprises reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that FleminCo Enterprises will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

Press Releases: The information contained within press releases issued by FleminCo Enterprises should not be deemed accurate or current except as of the date the release was posted. FleminCo Enterprises specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.

Third-Party Financial Information: As a service, FleminCo Enterprises may provide links to third-party websites or services that contain financial or investment information about FleminCo Enterprises. FleminCo Enterprises neither regularly monitors nor has control over the content of third parties' statements or websites. Accordingly, FleminCo Enterprises does not endorse or adopt, nor make any representations or warranties whatsoever regarding the accuracy or completeness, of those websites or any information contained therein, including, without limitation, analysts' reports and stock quotes. Users use the information contained and visit these websites therein at their own risk.

Changes

FleminCo Enterprises reserves the right to change or modify these Terms or any other FleminCo Enterprises policies related to use of the Sites at any time and at its sole discretion by posting revisions on the Sites. Continued use of the Sites following such changes or modifications to the Terms or other FleminCo Enterprises policies will constitute acceptance of such changes or modifications.

Severability

If any provision of these Terms shall be deemed void, unlawful, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the enforceability and validity of any remaining provisions.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Sites is FleminCo Enterprises. To file a complaint regarding the Sites or to receive further information regarding use of the Sites, contact FleminCo Enterprises via e-mail (with "California Resident Request" as the Subject Line).

Contact

Any questions, complaints, or claims regarding the Sites should be directed to admin@thestallninja.com.