Last Modified: July 29, 2022
This Website or App is offered and available to users who are 18 years of age or older, and reside in the United States or Canada or any of its territories or possessions, and are acting on behalf of a Customer. By using the Website or App, you represent and warrant that you are of legal age to form a binding contract with Flaunt and meet all of the foregoing eligibility requirements.
2.1 We reserve the right to withdraw or amend this Website or App, and any Service or material we provide on the Website or App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or App, or the entire Website or App, to users, including registered users.
2.2 You are responsible for both:
2.2.1 Making all arrangements necessary for you to have access to the Website or App.
2.4 If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures (the “User Credentials”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or App or portions of it using your User Credentials.
2.5 By enrolling in the Services and accessing it using your User Credentials, and any other security and identification methods as we may require from time to time, such as security questions or one-time passcodes, you acknowledge and agree that this system includes security procedures that are commercially reasonable. You further agree to comply with any Flaunt procedures and processes to obtain any User Credentials, or to further access or use the Services.
YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR USER CREDENTIALS OR ANY OTHER BREACH OF SECURITY.
3.1 The Website or App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Flaunt, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2.1 Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
3.2.2 You may store files that are automatically cached by your Web browser for display enhancement purposes.
3.2.3 You may print one copy of a reasonable number of pages of the Website or App for your own records and non-commercial use and not for further reproduction, publication, or distribution.
3.2.4 If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
3.3 You must NOT:
3.3.1 Modify copies of any materials from the Website or App.
3.3.2 Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
3.3.3 Access or use the Website or App or Services for any commercial purposes other than as set forth above.
Flaunt name and all related names, logos, product and service names, designs, and slogans are trademarks of Flaunt or its affiliates or licensors. You must not use such marks without the prior written permission of Flaunt. All other names, logos, product and service names, designs, and slogans on this Website or App are the trademarks of their respective owners.
Except where disclosure is required for legal, accounting, or regulatory purposes, you and Flaunt agree that all information, items, records, data and other material provided pursuant to or in connection with the Services, shall be kept in strict confidence, shall be used only for the purposes of such agreements, and shall not be disclosed by either party, its agents or employees, without, in each instance, the prior written consent of the other party; provided, however, that you or we may disclose generally, your membership and participation in the programs and services of Flaunt without your consent. You acknowledge and agree that Flaunt may disclose your information, without your consent or review, to the extent required or permitted by law. Each party agrees to take commercially reasonable precautions to prevent the unauthorized disclosure of such information, including complying with security procedures deemed necessary by Flaunt. All computer programs, manuals, materials, forms, facilities, ideas, concepts, techniques, and know-how used, prepared or developed by us, and any improvements extensions or modifications thereof, are and shall remain the exclusive property of Flaunt, and may not be used by you, your agents, employees or others, without our prior written consent. In certain circumstances, Flaunt may require you to enter into licensing or use agreements with regard to any software programs provided by or through Flaunt for you use in receiving any Services; and you hereby agree to enter into such licensing or use agreements.
6.1 In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
6.2 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
6.4 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
6.5 To impersonate or attempt to impersonate Flaunt, a Flaunt employee, another user, or any other person or entity (including, without limitation, by using email addresses, user name, or screen names associated with any of the foregoing).
6.6 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or App, or which, as determined by us, may harm Flaunt or users of the Website or App, or expose them to liability.
6.7 You may not sell, lease, furnish, redistribute, retransmit, or otherwise permit or provide access to the Website or App or Services to any other person.
Additionally, you agree not to:
6.8 Use the Website or App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or App, including their ability to engage in real time activities through the Website or App.
6.9 Use any robot, spider, or other automatic device, process, or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website or App.
6.11 Use any device, software, or routine that interferes with the proper working of the Website or App.
6.12 Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
6.13 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or App, the server on which the Website or App is stored, or any server, computer, or database connected to the Website or App.
6.14 Attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack.
6.15 Otherwise attempt to interfere with the proper working of the Website or App.
7.1 The Website or App may contain interactive features (collectively, “Interactive Services”) that may allow users to post, submit, upload, publish, display, or transmit to Flaunt, or other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website or App.
7.2 When you provide us with User Contributions, your hereby grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Contributions in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). You agree that this license includes the right for Flaunt to provide, promote, and improve the Services and to make User Contributions available to other companies, organizations or individuals.
7.3 You represent and warrant that:.
7.3.1 You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
7.4 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Flaunt, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
7.5 We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website or App.
8.1 We have the right to:
8.1.1 You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
8.1.3 Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
8.1.4 Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or App.
8.2 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. YOU WAIVE AND HOLD HARMLESS FLAUNT AND ITS PERSONNEL, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FLAUNT OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER FLAUNT OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
8.3 We do not undertake to review any material or User Contributions before it is posted on the Website or App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9.1 You acknowledge and agree that, as part of the Services, Flaunt makes available to you certain cryptographic assets, or non-fungible tokens (NFTs), on a blockchain with unique identification codes and metadata that distinguish them from each other (each, an “NFT”), on behalf of certain brands (the “Brands”). An NFT may refer to and embody certain rights in the certain Brand provided content and/or may contain one or more copies of such Brand provided content (any such NFT, an “Issued NFT”). You may have the ability to receive, purchase, sell and trade Issued NFTs within the Services and to sell and trade Issued NFTs both within and outside the Issued NFTs. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IT IS THE BRAND AND NOT FLAUNT, THAT IS SOLELY RESPONSIBLE FOR SETTING THE TERMS AND CONDITIONS ABOUT: (I) ANY TRANSFER OF AN ISSUED NFT, AND WHETHER IS IRREVOCABLE; (II) ANY SUCH TRANSFER AND WHETHER IT SHALL REPRESENT A TRANSFER AND ASSIGNMENT TO YOU OF THE RIGHTS IN THE ISSUED NFT; (III) TO THE EXTENT THAT SUCH ISSUED NFT CONTAINS ONE OR MORE COPIES OF BRAND PROVIDED CONTENT, WHETHER YOU MAY BE THE OWNER OF SUCH DIGITAL COPY(IES) AS SO EMBODIED.
9.2 YOU ACKNOWLEDGE AND AGREE THAT FLAUNT SHALL NOT BE RESPONSIBLE TO YOU FOR ANY BRAND PROVIDED CONTENT, ANY LOSSES ASSOCIATED WITH ANY NFTS INCLUDING ANY LOSS OF VALUE OF SUCH NFTS.
We may update the content on this Website or App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or App may be out of date at any given time, and we are under no obligation to update such material.
If the Website or App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Website or Apps linked to this Website or App, you do so entirely at your own risk and subject to the terms and conditions of use for such Website or Apps.
We provide this Website or App and Services for use only by persons located in the United States and Canada. We make no claims that the Website or App or any of its Services or content is accessible or appropriate outside of the United States or Canada. Access to the Website or App may not be legal by certain persons or in certain countries. If you use or access the Website or App from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APP LINKED TO IT.
YOUR USE OF THE WEBSITE OR APP, ITS CONTENT, ANY NFTs, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP IS AT YOUR OWN RISK. THE WEBSITE OR APP, ITS CONTENT, ANY NFTs, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLAUNT NOR ANY PERSON ASSOCIATED WITH FLAUNT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR APP. WITHOUT LIMITING THE FOREGOING, NEITHER FLAUNT NOR ANYONE ASSOCIATED WITH FLAUNT REPRESENTS OR WARRANTS THAT THE WEBSITE OR APP, ITS CONTENT, ANY NFTs, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, FLAUNT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FLAUNT, ITS PERSONNEL, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR APP, ANY NFTs, ANY WEBSITE OR APPS LINKED TO IT, ANY CONTENT ON THE WEBSITE OR APP OR SUCH OTHER WEBSITE OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct .
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This Website or App is operated by FLAUNT SOFTWARE, INC., having its principal place of business at 830 Massachusetts Ave, Suite 1500, Fl 3, Indianapolis, IN, 46204.