Terms of Service
Last Updated: May 25, 2018
to the Flauntme website located at www.flauntme.com (the “Site”). Please
Policy”) carefully because they govern your use of our Site and services
via our Site and our mobile device application (“App”). To make these
Terms easier to read, the Site, our services and App are collectively called
the “Services,” and the terms “Flauntme,” “we,” and “us”
include Flauntme Inc. and our affiliates and subsidiaries.
Agreement to Terms. By using our Services, you agree
to be bound by these Terms. If you don’t agree to be bound by these Terms, do
not use the Services. If you are accessing and using the Services on behalf of
a company (such as your employer) or other legal entity, you represent and
warrant that you have the authority to bind that company or other legal entity
to these Terms. In that case, “you” and “your” will refer to that company or
other legal entity.
information on how we collect, use and disclose information from our users. You
acknowledge and agree that your use of the Services is subject to our Privacy
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN
YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE
ANY DISPUTE BETWEEN YOU AND FLAUNTME THROUGH BINDING, INDIVIDUAL ARBITRATION
RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION”
BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF
Contests. From time to time we may offer you and our
other users an opportunity to win certain prizes and rewards in connection with
certain aspects of our Services offered through our Site and App. For any of
these contests, we will provide you with a separate set of rules and terms that
will supplement and modify these Terms solely with respect to those contests.
Who May Use the Services?
Eligibility. You may use the Services only if you are 13
years or older and are not barred from using the Services under applicable law.
Registration and Your Information. If you want to use
certain features of the Services you’ll have to create an account (“Account”).
You can do this via the Site or through your account with certain third-party
social networking services such as Facebook or Google (each, an “SNS Account”).
If you choose the SNS Account option we’ll create your Account by extracting
from your SNS Account certain personal information such as your name and email
address and other personal information (including your profile photo) that your
privacy settings on the SNS Account permit us to access.
Accuracy of Account Information. It’s important that
you provide us with accurate, complete and up-to-date information for your
Account and you agree to update such information to keep it accurate, complete
and up-to-date. If you don’t, we might have to suspend or terminate your
Account. You agree that you won’t disclose your Account password to anyone and
you’ll notify us immediately of any unauthorized use of your Account. You’re
responsible for all activities that occur under your Account, whether or not
you know about them.
Feedback. We welcome feedback, comments and suggestions
for improvements to the Services (“Feedback”). You can submit Feedback
by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive,
transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free
license, with the right to sublicense, under any and all intellectual property
rights that you own or control to use, copy, modify, create derivative works
based upon and otherwise exploit the Feedback for any purpose.
Your Responsibility for User Content. You are solely
responsible for all your User Content. You represent and warrant that you own
all your User Content or you have all rights that are necessary to grant us the
license rights in your User Content under these Terms. You also represent and
warrant that neither your User Content, nor your use and provision of your User
Content to be made available through the Services, nor any use of your User
Content by us on or through the Services will infringe, misappropriate or
violate a third party’s intellectual property rights, rights of publicity or
privacy, moral rights, or result in the violation of any applicable law or
Removal of User Content. You can remove your User
Content by specifically deleting it. However, in certain instances, some of
your User Content (such as posts or comments you make or messages you send) may
not be completely removed and copies of your User Content may continue to exist
on the Services. We are not responsible or liable for the removal or deletion
of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Us. Subject to your
compliance with these Terms, Flauntme grants to you a limited, non-exclusive,
non-transferable license, with no right to sublicense, to download, view, copy,
display, link to and print the Content solely in connection with your permitted
use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps.
Rights in App Granted by Us. Subject to your
compliance with these Terms, Flauntme grants to you a limited non-exclusive,
non-transferable license, with no right to sublicense, to download and install
a copy of the App on a mobile device or computer that you own or control and to
run such copy of the App solely for your own personal non-commercial purposes.
You may not copy the App, except for making a reasonable number of copies for
backup or archival purposes. Except as expressly permitted in these Terms, you
may not: (i) copy, modify or create derivative works based on the App;
(ii) distribute, transfer, sublicense, lease, lend or rent the App to any
third party; (iii) reverse engineer, decompile or disassemble the App; or
(iv) make the functionality of the App available to multiple users through
any means. Flauntme reserves all rights in and to the App not expressly granted
to you under these Terms.
Accessing App from App Store. The following terms
apply to any App accessed through or downloaded from any app store or
distribution platform (like the Apple App Store or Google Play) where the App
may now or in the future be made available (each an “App Provider”). You
acknowledge and agree that:
These Terms are concluded between you and Flauntme, and not with
the App Provider, and Flauntme (not the App Provider), is solely responsible
for the App.
The App Provider has no obligation to furnish any maintenance and
support services with respect to the App.
In the event of any failure of the App to conform to any
applicable warranty, you may notify the App Provider, and the App Provider will
refund the purchase price for the App to you (if applicable) and, to the
maximum extent permitted by applicable law, the App Provider will have no [other]
warranty obligation whatsoever with respect to the App. Any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be the sole responsibility of Flauntme.
The App Provider is not responsible for addressing any claims you
have or any claims of any third party relating to the App or your possession
and use of the App, including, but not limited to: (i) product liability
claims; (ii) any claim that the App fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or
In the event of any third party claim that the App or your
possession and use of that App infringes that third party’s intellectual
property rights, Flauntme will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property
infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third-party
beneficiaries of these Terms as related to your license to the App, and that,
upon your acceptance of the Terms, the App Provider will have the right (and
will be deemed to have accepted the right) to enforce these Terms as related to
your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a
country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a terrorist-supporting country; and (ii)
you are not listed on any U.S. Government list of prohibited or restricted
You must also comply with all applicable third party terms of
service when using the App.
General Prohibitions and Our Enforcement Rights. You
agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that:
(i) infringes, misappropriates or violates a third party’s patent,
copyright, trademark, trade secret, moral rights or other intellectual property
rights, or rights of publicity or privacy; (ii) violates, or encourages
any conduct that would violate, any applicable law or regulation or would give
rise to civil liability; (iii) is fraudulent, false, misleading or
deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm
against any individual or group; (vi) is violent or threatening or
promotes violence or actions that are threatening to any person or entity; or
(vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Services or any individual
element within the Services, Flauntme’s name, any Flauntme trademark, logo or
other proprietary information, or the layout and design of any page or form
contained on a page, without our express written consent;
Access, tamper with, or use non-public areas of the Services,
our computer systems, or the technical delivery systems of our providers;
Avoid, bypass, remove, deactivate, impair, descramble or
otherwise circumvent any technological measure implemented by us or any of our
providers or any other third party (including another user) to protect the
Services or Content;
Attempt to access or search the Services or Content or
download Content from the Services through the use of any engine, software,
tool, agent, device or mechanism (including spiders, robots, crawlers, data
mining tools or the like) other than the software and/or search agents provided
by us or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional
materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing
a Flauntme trademark, logo URL or product name without our express written
Use the Services or Content, or any portion thereof, for any
commercial purpose or for the benefit of any third party or in any manner not
permitted by these Terms;
Interfere with, or attempt to interfere with, the access of
any user, host or network, including, without limitation, sending a virus,
overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from
the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the
not obligated to monitor access to or use of the Services or Content or to
review or edit any Content, we have the right to do so for the purpose of
operating the Services, to ensure compliance with these Terms and to comply
with applicable law or other legal requirements. We reserve the right, but are
not obligated, to remove or disable access to any Content, at any time and
without notice, including, but not limited to, if we, at our sole discretion,
consider any Content to be objectionable or in violation of these Terms. We
have the right to investigate violations of these Terms or conduct that affects
the Services. We may also consult and cooperate with law enforcement
authorities to prosecute users who violate the law.
DMCA/Copyright Policy. Flauntme respects copyright law
and expects its users to do the same. It is our policy to terminate in
appropriate circumstances Account holders who repeatedly infringe or are
believed to be repeatedly infringing the rights of copyright holders. Please
see our Copyright Policy,
for further information.
Links to Third Party Websites or Resources. The
Services (including the App) may contain links to third-party websites or
resources. We provide these links only as a convenience and are not responsible
for the content, products or services on or available from those websites or
resources or links displayed on such websites. You acknowledge sole
responsibility for and assume all risk arising from, your use of any
third-party websites or resources.
Termination. We may terminate your access to and use
of the Services, at our sole discretion, at any time and without notice to you.
You may cancel your Account at any time by sending an email to us at email@example.com.
Upon any termination, discontinuation or cancellation of the Services or your
Account, the following Sections will survive: 7(a), 7(b), 7(c), 13, 15, 16, 17
Indemnity. You will indemnify and hold harmless
Flauntme and its officers, directors, employees and agents, from and against
any claims, disputes, demands, liabilities, damages, losses, and costs and
expenses, including, without limitation, reasonable legal and accounting fees
arising out of or in any way connected with (i) your access to or use of the
Services or Content, (ii) your User Content, or (iii) your violation of these
NEITHER FLAUNTME NOR ANY THIRD PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST
PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA
OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE
COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLAUNTME OR ANY OTHER
PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
IN NO EVENT WILL FLAUNTME’S TOTAL LIABILITY ARISING OUT OF OR
IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE
SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO FLAUNTME FOR USE OF THE
SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY
PAYMENT OBLIGATIONS TO FLAUNTME, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLAUNTME AND YOU.
Governing Law and Forum Choice. These Terms and any
action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of
the State of New York without regard to its conflict of laws provisions. Except
as otherwise expressly set forth in Section 17 “Dispute Resolution,” the
exclusive jurisdiction for all Disputes (defined below) that you and Flauntme
are not required to arbitrate will be the state and federal courts located in
the Southern District of New York and you and Flauntme each waive any objection
to jurisdiction and venue in such courts.
Exceptions and Opt-out. As limited exceptions to
Section 17(a) above: (i) you may seek to resolve a Dispute in small claims
court if it qualifies; and (ii) we each retain the right to seek injunctive or
other equitable relief from a court to prevent (or enjoin) the infringement or
misappropriation of our intellectual property rights. In addition, you will
retain the right to opt out of arbitration entirely and litigate any Dispute if
you provide us with written notice of your desire to do so by email at firstname.lastname@example.org
or by regular mail at 244 Fifth Avenue, Ste. H244, New York, NY 10001, U.S.A. within
thirty (30) days following the date you first agree to these Terms.
Conducting Arbitration and Arbitration Rules. The
arbitration will be conducted by the American Arbitration Association (“AAA”)
under its Consumer Arbitration Rules (the “AAA Rules”) then in effect,
except as modified by these Terms. The AAA Rules are available at www.adr.org or by
calling 1-800-778-7879. A party who wishes to start arbitration must submit a
written Demand for Arbitration to AAA and give notice to the other party as
specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or
less, you may choose whether the arbitration will be conducted solely on the
basis of documents submitted to the arbitrator, through a telephonic or
video-conference hearing, or by an in-person hearing as established by the AAA
Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be
determined by the AAA Rules. Any arbitration hearings will take place in the
county (or parish) where you live, unless we both agree to a different location.
The parties agree that the arbitrator shall have exclusive authority to decide
all issues relating to the interpretation, applicability, enforceability and scope
of this arbitration agreement.
Arbitration Costs. Payment of all filing,
administration and arbitrator fees will be governed by the AAA Rules. We’ll pay
for all filing, administration and arbitrator fees and expenses if your Dispute
is for less than $10,000, unless the arbitrator finds your Dispute frivolous.
If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and
won’t seek to recover them from you. If you prevail in arbitration you will be
entitled to an award of attorneys’ fees and expenses to the extent provided
under applicable law.
Effect of Changes on Arbitration. Notwithstanding the
provisions of Section 3 “Changes to Terms or Services” above, if we change any
of the terms of this Section 17 “Dispute Resolution” after the date you first
accepted these Terms (or accepted any subsequent changes to these Terms), you
may reject any such change by sending us written notice (including by email to email@example.com)
within 30 days of the date such change became effective, as indicated in the
“Last Updated” date above or in the date of our email to you notifying you of
such change. By rejecting any change, you are agreeing that you will arbitrate
any Dispute between you and us in accordance with the terms of this Section 17 “Dispute
Resolution” as of the date you first accepted these Terms (or accepted any
subsequent changes to these Terms).
Severability. With the exception of any of the
provisions in Section 17(e) of these Terms ("Class Action Waiver"),
if an arbitrator or court of competent jurisdiction decides that any part of these
Terms is invalid or unenforceable, the other parts of these Terms will still
Entire Agreement. These Terms constitute the entire
and exclusive understanding and agreement between Flauntme and you regarding
the Services and Content, and these Terms supersede and replace any and all
prior oral or written understandings or agreements between Flauntme and you
regarding the Services and Content. If any provision of these Terms is held
invalid or unenforceable by an arbitrator or a court of competent jurisdiction,
that provision will be enforced to the maximum extent permissible and the other
provisions of these Terms will remain in full force and effect. You may not
assign or transfer these Terms, by operation of law or otherwise, without our
prior written consent. Any attempt by you to assign or transfer these Terms,
without such consent, will be null and void. We may freely assign or transfer
these Terms without restriction. Subject to the foregoing, these Terms will
bind and inure to the benefit of the parties, their successors and permitted
Notices. Any notices or other communications provided
by us under these Terms, including those regarding modifications to these
Terms, will be given: (i) via email; or (ii) by posting to the
Services. For notices made by e-mail, the date of receipt will be deemed the
date on which such notice is transmitted.
Waiver of Rights. Our failure to enforce any right or
provision of these Terms will not be considered a waiver of such right or
provision. The waiver of any such right or provision will be effective only if
in writing and signed by a duly authorized representative of Flauntme. Except
as expressly set forth in these Terms, the exercise by either party of any of
its remedies under these Terms will be without prejudice to its other remedies
under these Terms or otherwise.
Contact Information. If you have any questions about
these Terms or the Services, please contact us at firstname.lastname@example.org or
Flauntme, 244 Fifth Avenue, Ste. H244, New York, NY 10001, U.S.A.