Terms & Conditions

(i) As a Member, you agree to comply with the following: you will use the Services only for purposes that are permitted by: (A) the Terms; and (B) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions; (ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services; (iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Flash Innovations of any unauthorised use of your password or email address or any breach of security of which you have become aware; (iv) access and use of Forever Messages is limited, non-transferable, and allows for the sole use of Forever Messages by you for the purposes of Flash Innovations providing the Services; (v) you will not use Forever Messages or Forever Messages’ Services in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Flash Innovations; (vi) you will not use Forever Messages or Forever Messages’ Services for any illegal and/or unauthorised use, which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to Forever Messages; (vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Forever Messages without notice and may result in termination of the Services. Appropriate legal action will be taken by Flash Innovations for any illegal or unauthorised use of Forever Messages; (viii) you acknowledge and agree that you are over the age of 18 years; and (ix) you acknowledge and agree that any automated use of Forever Messages or Forever Messages’ Services is prohibited.

All payments made in the course of your use of the Services are made using either credit card, PayPal, Stripe, Google Pay, or Apple Pay. In using Forever Messages, the Services, or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the terms
and conditions of the payment provider, which are available on their respective websites. You acknowledge and agree that where a request for a payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the fee.

Flash Innovations will only provide you with a refund in the event they are unable to continue to provide the Services or if Flash Innovations makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of any fees that remain unused by the Member (the ‘Refund’). Any benefits set out in these Terms may apply in addition to consumer rights under the Australian Consumer Law.

Forever Messages, the Services, and all of the related  products of Flash Innovations are subject to copyright.  The material on Forever Messages is protected by copyright  under the laws of Australia and through international  treaties. Unless otherwise indicated, all rights  (including copyright) in the Services and compilation of Forever Messages (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Flash Innovations or its contributors. All trademarks, service marks, and trade names are owned, registered, and/or licensed by Flash Innovations, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: (i) use Forever Messages pursuant to the Terms; (ii) copy and store material contained in Forever Messages in your device’s cache memory; (iii) print pages from Forever Messages for your own personal and non-commercial use. Flash Innovations does not grant you any other rights whatsoever in relation to Forever Messages or the Services. All other rights are expressly reserved by Flash Innovations. Flash Innovations retains all rights, title, and interest in and to Forever Messages and all related Services. Nothing you do on or in relation to Forever Messages will transfer any: (i) to you business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright; (ii) a right to use or exploit a business name, trading name, domain name, trademark, or industrial design; (iii) a thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process). You may not, without the prior written permission of Flash Innovations and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt, or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on Forever Messages, which are freely available for re-use or are in the public domain.

Flash Innovations takes your privacy seriously, and any information provided through your use of Forever Messages and/or Services is subject to our Privacy Policy, which is available on the Privacy Policy page.

Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded;
(ii) Flash Innovations will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.

Use of Forever Messages and the Services and anything that you post or upload is done so at your own risk. Forever Messages will not take responsibility for any breach of security. You acknowledge that in using Forever Messages, you take full responsibility to ensure that any content uploaded or shared by you is done so in a secure manner. Forever Messages does not condone the posting, sharing, or uploading of sensitive material, and you acknowledge that should you choose to do so, you do so at your own risk. Everything on Forever Messages and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Flash Innovations make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Flash Innovations) referred to on Forever Messages. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration, or unauthorised access to records;
(ii) the accuracy, suitability, or currency of any information on Forever Messages, the Services, or any of its Services related products (including third party material and advertisements on Forever Messages);
(iii) costs incurred as a result of you using Forever Messages, the Services, or any of the products of Flash Innovations;
(iv) the Services or operation in respect to links which are provided for your convenience.

(a) Flash Innovations’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Flash Innovations, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

If you are in the business of providing similar Services for the purpose of providing them to users for commercial gain, whether business users or domestic users, then you are a competitor of Flash Innovations. Competitors are not permitted to use or access any information or content on Forever Messages. If you breach this provision, Flash Innovations will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

You agree to indemnify Flash Innovations, its affiliates, employees, agents, contributors, third party content providers, and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using, or transacting on Forever Messages or attempts to do so; and/or
(c) any breach of the Terms.