Ancillary Sites & Services. References in this Agreement to the website will be deemed to include not just the Flaunt.com website itself but also any and all ancillary websites or Internet services (such as any version of Flaunt.com maintained for mobile users) and any ancillary services, activities or materials that we may provide in connection with the website (such as any e-mail newsletter to which Flaunt.com users may subscribe). The terms of this Agreement will apply to the website and all such ancillary items.
Right to Modify. We will have the right at any time to change or discontinue any aspect or feature of the site including, without limitation, the content, pages, participatory areas, hours of availability, and equipment or formats needed for access or use. Such changes, modifications, additions, deletions or other revisions will be effective immediately upon notice, which may be given by any customary means, such as posting on Flaunt.com a revised version of this Agreement or notification by electronic mail. Any use by you of the Flaunt.com after such notice is given will conclusively constitute your acceptance of the revisions in question. You agree to review the terms and conditions of this Agreement periodically in order to be aware of such revisions.
Access Equipment & Software. You are solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment, and all computer software (such as a suitable browser program), needed for access to and use of the site, and for all charges related thereto.
Content of the Site
Copyrights & Related Rights. The site contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the copyright in the overall website, as a collective work, is owned by us. We also own the copyrights in the selection, coordination, arrangement and enhancement of such content, and in all website content that we create. Each third-party content licensor/provider owns the copyright in content original to it.
Use of Site Content. Use of any of the Flaunt.com content for any purpose not expressly permitted in this Agreement is prohibited. Except as expressly authorized by us, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any material, content, design elements, or code/software obtained from the site. However, you may print or download such material from this site if this is solely for personal or non-commercial use, provided you do not republish the Material and you keep intact all copyright, trademark, service-mark, patent and other proprietary notices. You acknowledge that you will not acquire any ownership or proprietary rights by downloading copyrighted or protected material.
Framing & Association with Unauthorized Advertising. You may not frame the website without our express written permission, and, in particular, you may not display the content on the website in any format where third-party advertising or other materials not authorized by us are viewable in conjunction with our proprietary content.
Third-Party Links. Flaunt.com may contain links to other websites, resources and advertisers. We are not responsible for the availability of these external sites, nor does we endorse or assume any responsibility for the content, information, advertising, products or other materials made available on or through such external sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. Any concerns regarding such content, goods or services must be directed to the administrator of the external site in question. We reserve the right, in our sole discretion, to terminate links with any third parties or other websites that we deems inappropriate or inconsistent with the site.
Definition. As used in this Agreement, the term “Participatory Areas” refers to user-generated submissions and any and all other existing or future areas on Flaunt.com that enable users to post to Flaunt.com or otherwise to actively participate in or interact with the website.
Conduct & Rules of Use. The Participatory Areas may be used only for lawful purposes. You may not transmit or post any message or material that is threatening, abusive, offensive, defamatory, vulgar, obscene, or otherwise objectionable, or that encourages conduct that would be a criminal offense, or physically dangerous, or an infringement or violation of any publicity or privacy rights or other rights of any person or third party. No conduct may be undertaken that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Participatory Areas.
Posting of Third-Party Material. You will not upload, post or otherwise make available on the Participatory Areas any material protected by copyright, trademark or other proprietary right without the express permission of the applicable rights-holder. You are responsible for determining if any material to be posted is protected by copyright, trademark or other proprietary right and such permission is therefore required. You will be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm, that results from any uploading, posting or submission by you.
Monitoring. We will have the right, but not the obligation, to monitor the content of the Participatory Areas in order to determine compliance with this Agreement (and to retain the services of independent contractors to do so). We will also have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Participatory Areas, because it is deemed to violate this Agreement, or is stale, or for any other reason in our sole discretion. Notwithstanding our rights in this regard, users will remain solely responsible for the content of their messages. You acknowledge and agree that neither we nor any of our affiliates will assume or have any liability for any action or inaction by us with respect to any conduct within the Participatory Areas or any communication or posting on the Participatory Areas.
Our Right To Use Your Material. You hereby grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message or item posted in or uploaded to any of the Participatory Areas by you and/or any e-mail (in whole or in part) sent by you to us, and/or to incorporate the same, in whole or in part, in other works in any form, media or technology now known or later developed.
Disclaimer of Warranty; Limitation of Liability
Use at Own Risk. You expressly agree that use of the Participatory Areas and Site is at your own sole risk. Neither we, our affiliates, nor any of their respective employees, agents, third party content providers or licensors warrant that Flaunt.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of Flaunt.com or as to the accuracy, reliability or content of any information, service or products provided through Flaunt.com or the Participatory Areas.
Site Provided As Is. The website and the Participatory Areas are provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
Disclaimers. The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
No Consequential Damages. In no event will we or any person or entity involved in creating, producing or distributing the website be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the website, or out of the breach of any warranty. You hereby acknowledge that the provisions of this section will apply to all content on the website and/or in the Participatory areas.
No Liability for Inaccuracies. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on Flaunt.com, nor for any offensive, defamatory or obscene posting made in the Participatory Areas by anyone other than our authorized employee spokespersons while acting in their official capacities. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through either the content on Flaunt.com and/or any postings in the Participatory areas. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Flaunt.com and/or the Participatory Areas. You should seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including (without limitation) financial, health, or lifestyle information.
No Warranty of Any Product or Service. We do not endorse, warrant or guarantee any products or services offered through the website and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution, as appropriate. We make products or services available on Flaunt.com without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable laws.
Survival. The provisions of this section will survive any termination of this Agreement.
Advice & Opinions
The website contains facts, views, opinions and statements of third parties, users and other organizations. Our organization, its parents, affiliates and subsidiaries does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through Flaunt.com. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that our company, its parents, affiliates and subsidiaries will not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on Flaunt.com.
You agree to defend, indemnify and hold harmless our organization, its affiliates and their respective directors, officers, employees, representatives, agents and successors from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the website and/or the Participatory Areas. The provisions of this section will survive any termination of this Agreement.
All trademarks appearing on Flaunt.com are the property of their respective owners, including, in some instances, of our organization.
We may sometimes offer users of Flaunt.com the opportunity to participate in contests or other special events. You may not have to be a member of Flaunt.com to participate in certain contest or events, but you must meet the designated minimum age requirements (for example, we may require that you be at least 21 years of age). We will establish specific rules and terms for participation in each contest and event and will post this information on Flaunt.com.
We will have the right to immediately terminate this Agreement and to block your access to Flaunt.com if we determine, in our sole discretion, that you have breached this Agreement or are otherwise not an appropriate user of the site.
We will have the right to update this agreement from time to time without notice. The updated agreement will be posted on Flaunt.com and the updated terms will take effect upon such posting.