Terms and conditions

This End User License Agreement (“Software License Agreement”) is a legal document between you (individual or entity) and flauntR (“flauntR Inc ”). It is important that you read this document before using the flauntR provided services and software (“Software”) and any accompanying documentation, including, without limitation printed materials, ‘online’ files, or electronic documentation (“Documentation”). ColorMailer is the print partner of flauntR and all print orders from flauntR are currently being fulfilled by ColorMailer. Both ColorMailer and flauntR are members of FotoDesk Group AG. By using the Software, you agree to be bound by the terms of this Software License Agreement as well as the flauntR Privacy Policy (“Privacy Policy”) including, without limitation, the warranty disclaimers, limitation of liability, data use and termination provisions below. You agree that this agreement is enforceable like any written agreement negotiated and signed by you. If you do not agree to the terms and conditions below, do not use the software.

1. General Terms of Use

flauntR may monitor or review your conduct on any of the services offered by flauntR (referred to collectively as the "Service").

In using the Service you agree not to:

You understand and agree that you may be exposed to content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will flauntR be liable in any way for any content posted by any user or third party. flauntR does not control the content posted by users via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content.

You acknowledge, consent and agree that flauntR may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any Content violates the rights of third parties; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of flauntR, its users and the public.

We may remove any content that you transmit to us, or terminate your account or subscription, if we are requested to do so by a copyright holder, or if your use of our software, the service, or that content violates this terms of use or is otherwise, deemed to be, in our reasonable discretion, inconsistent with the legitimate purposes and uses of the service.

YOU REPRESENT, WARRANT AND AGREE THAT YOU WILL NOT TRANSMIT ANY IMAGES, MUSIC, MOVIES OR OTHER CONTENT OVER OUR SERVICE UNLESS YOU HAVE THE NECESSARY RIGHTS, INCLUDING ANY COPYRIGHT RIGHTS, TO DO SO.

2. Opening an Account, Registration and Payment for Premium Services

flauntR ACCOUNT REGISTRATION

If you choose to open an account with flauntR you must provide truthful and accurate information in creating your flauntR account. flauntR reserves the right to limit the number of accounts a user can establish on the sites. flauntR and you both have the right to terminate or cancel your account or a particular subscription at any time.

Some of the information we collect from you may be personally identifiable information. We will comply with our  Privacy Policy at all times with respect to this information. You are solely responsible for all activity on your account and you may not reveal your password to other users.

flauntR may at its discretion prescribe fees for any of its services. We will inform you if you are required to pay a fee for the service or feature you are interested in and if you proceed you will be obligated to pay the fees presented to you. PLEASE KEEP IN MIND THAT ANY FEES YOU PAY ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account.

Incase a fees is introduced for any of the service or there is a change in the fees of already payable service flauntR will provide notice of any such change at least ten (10) days in advance. All changes will be posted on flauntR website and you are responsible for reviewing the billing section of flauntR to obtain timely notice of such changes. Your continued use of the Service thirty (10) days after posting of the changes on flauntR means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but flauntR will not refund any fees. If your use of our paid services is subject to use or service tax, then flauntR may also charge you for any such taxes.

3. Age Restriction.

If You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are in such a jurisdiction and under such age limit, You may not enter into this Agreement use the flauntR Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction that Your use of the flauntR Software is allowed.

4. Storage / Transfer of Information. 

flauntR stores and processes the information which flauntR collects from you in countries in which flauntR or its agents have facilities.  Your acceptance of this agreement includes your consent to transfer such information outside your country.

5. Limited Warranty

flauntR warrants to the person or entity that  the Software will perform substantially in accordance with any accompanying Documentation. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, flauntR software and services are provided without any warranty of any kind, and  flauntR hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, quality, performance, accuracy, reliability, damages loss of data, business interruption or any other commercial damages or losses, arising out of or related to the software and non-infringement.  flauntR makes no warranty that the flauntR services will be available, accessible, uninterrupted, timely, secure, error-free or otherwise meet your expectations. This disclaimer of warranty constitutes an essential part of this agreement.  As some jurisdictions do not allow some of the exclusions or limitations above, they may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

6. Limitation of liability

6.1YOU EXPRESSLY UNDERSTAND AND AGREE THAT flauntR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF flauntR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY CHANGES WHICH flauntR MAY MAKE TO THE SERVICES (vi) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;(vii) ANY OTHER MATTER RELATING TO THE SERVICE.
6.2 THE LIMITATIONS ON flauntR'S LIABILITY TO YOU IN PARAGRAPH 6.1 ABOVE SHALL APPLY WHETHER OR NOT flauntR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

7. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.

8. Pre-Release Product Additional Terms

If the product you are using with this license is pre-commercial release or alpha or beta Software (“Pre-release Software”), then this Section applies. In addition, this section applies to all demonstration copies of flauntR software. To the extent that any provision in this section is in conflict with any other term or condition in this Software License Agreement, this section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Pre-release Software is a pre-release version, does not represent final product from flauntR, and may contain bugs, errors and other problems that could cause system or other failures and data loss. CONSEQUENTLY, THE PRE-RELEASE IS PROVIDED TO YOU “AS-IS” WITH NO WARRANTIES FOR USE OR PERFORMANCE, AND flauntR DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED. flauntR's AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, IF ANY. You acknowledge that flauntR has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that flauntR has no express or implied obligation to you to announce or introduce the Pre-release Software, and that flauntR may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Software License Agreement, if requested by flauntR, you will provide feedback to flauntR regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, your use of the Software is governed by such agreement. You may not sublicense, lease, loan, rent, distribute or otherwise transfer the Pre-release Software. Upon use of unreleased version of the Pre-release Software or release by flauntR of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product you agree to abide by the terms of the license agreement for any such later versions of the Pre-release Software. The flauntR pre-release software is a free service and flauntR may at its discretion introduce fees for the service or any particular feature.

9.Intellectual Property Rights
Acknowledgement of flauntR's Rights. You acknowledge that the Software is the intellectual property of and are owned by flauntR and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of flauntR and its suppliers. The Software is protected by copyright. You acknowledge that flauntR retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the product, and that flauntR’s ownership rights extend to any images, photographs, animations, videos, audio, music, text and “applets” incorporated into the Software and all accompanying printed materials. You will take no actions, which adversely affect flauntR’s intellectual property rights in the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners’ names. Trademarks may only be used to identify printed output produced by the Software, and such use of any trademark does not give you any right of ownership in that trademark.  You shall retain all title, ownership rights, and intellectual property rights in Your Content and any copies or portions thereof.

10. Title

Title to the Software is not transferred to you. Ownership of the Software is vested in flauntR, subject to the rights of use granted to you in this Software License Agreement. As between you and flauntR, photos, that are authored or created by you via your utilization of the Software, in accordance with its Documentation and the terms of this Software License Agreement, are your property.

11. Indemnity

The Licensee will indemnify and hold flauntR, its related companies and its suppliers, harmless from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by it or them arising from the Licensee’s use in whatever way of the Licensed Software. As a condition of Your use of the flauntR Software, You agree that You will not use the flauntR Software: (i) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate any applicable law, statute, ordinance or regulation; (iii) to disseminate any content in any form or format that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable under applicable laws or community standards; or (iv) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.  You are solely responsible for all the content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the flauntR Software, and You will be solely responsible for any damage to any party resulting therefrom.

12. Compliance with applicable laws

You agree to comply with all local rules regarding online conduct and acceptable Content.

flauntR assumes that you have knowledge of applicable law and is responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

13. Third Party Software

The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions will be intimated to you. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.

14. E-mail Notification

To let you know what new Content and Services are available from time to time, flauntR,  will send you e-mail describing the latest Content and how to get access to the Content. Because this e-mail is necessary for you to receive the Services, you will receive this e-mail even if you have opted out of receiving other e-mail from flauntR. If you do not want to receive e-mail, you may cancel the Services at any time as provided in this Agreement.

15. Term and Termination

The License is effective until terminated by you or flauntR. flauntR may terminate the License if the Licensee fails to comply with any term or condition of this agreement or infringes flauntR’s intellectual property rights in the Licensed Software. You may terminate this Agreement,  In the event you choose to terminate your account, flauntR reserves the right to retain data required for account settlement or billing purposes if you were using any of the paid services of flauntR. Any termination of the License or this agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision in this agreement which is expressly or by implication intended to come into or continue in force on or after such termination.

16. Waiver

Failure or neglect by either party to exercise any of its rights or remedies under this agreement will not be construed as a waiver of that party’s rights nor in any way affect the validity of the whole or part of this Agreement nor prejudice that party’s right to take subsequent action.

17. Governing law

This License shall be construed, interpreted and governed by the laws of Switzerland and the courts in Switzerland alone will have jurisdiction in case of any dispute without regard to the conflict of law provisions. flauntR reserves all rights not specifically granted in this License.

18. Modifications to the Service or Legal Terms

Unless otherwise provided, flauntR may change the Terms of Use or the License Agreement at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this Terms of Use or the License Agreement, flauntR may notify you via e-mail, and/or by posting an announcement of the changes on the Service. By using the Service after any change you acknowledge and accept the changes. You can find the latest version of this Agreement at the flauntR website.

19. General Provisions

This Software License Agreement contains the entire agreement and understanding of the parties with respect to the subject matter thereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter thereof.

 The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.

Any notice or other communication given under this Software License Agreement shall be in writing and shall have been properly given by either of us to the other if sent by certified or registered mail, return receipt requested, or by overnight courier to the address shown on flauntR’s Web site for flauntR and the address shown in flauntR’s records for you, or such other address as the parties may designate by notice given in the manner set forth above.

If for any reason any provision of this Software License Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Software License Agreement, and this Software License Agreement shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly and expressly consent to the foregoing terms and conditions.