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Terms of Service & Statement of Privacy- for FlareAware.com
Terms of Service
This entire document of the Terms of Service for FlareAware (the business, software, website, etc.) is a statement of the terms and conditions concerning and governing your subscription to and use of FlareAware's software and site related services. You must be at least 18 years old to use FlareAware software and site related services Your use of the software and services signifies that you are eighteen years of age or older, that you have read the Terms of Service for FlareAware, that you acknowledge and agree to the terms herein stated and that you acknowledge and agree that such use constitutes and commits you to a legally binding agreement between you and FlareAware (the business, its owners, partners, officers, directors, agents, administrators, ventures, affiliates, subsidiaries, licensors, suppliers, contractors and all other personnel and volunteers). By using FlareAware software and site related services, or by signifying your acceptance of these terms in any other way, you agree to accept and be bound by these and the following terms and conditions set forth in this document entitled Terms of Service, including any price quotes and the privacy terms stated herein and considered a part of the FlareAware Terms of Service. Please read these terms carefully before you use FlareAware. If you do not agree with these Terms of Service, you are not authorized to use FlareAware software or any site related services.
As part of our legally binding agreement, you agree that you will provide accurate, complete and current information when you are requested to do so by FlareAware before, during or after your use of the FlareAware software and site related services. By using FlareAware software and services, you represent and warrant that any information you display publicly on our site (including but not limited to any text or images, photographs or videos of yourself or others) is displayed by you and that you own or have all rights necessary to display such information and grant FlareAware (the business, its owners, partners, officers, administrators, directors, subsidiaries, affiliates, joint ventures, licensors, providers, contractors and all other employees, agents and volunteers necessary) the license set forth as follows: You grant to FlareAware a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, transferable license to use, reproduce, publicly display, publicly perform, distribute, create derivative works of, incorporate into other works, sub-license and otherwise make available in any media formats and through any media channels the information and content you submit for any publicly posted site on FlareAware, including any photographs, images, screenshots, text, audios and/or videos and to access such information through the FlareAware website. FlareAware may also retain server copies of information and content displayed by you that have been removed or deleted. You waive any and all moral rights and any similar rights with respect to such information and content in any and all jurisdictions in the world. You also grant each user of the FlareAware website a non-exclusive license to access your displayed content through the FlareAware website, and to use, reproduce, distribute, display and/or perform such displayed content as permitted through the functionality of the Website and under these Terms of Service.
You may not use this service if you are under the age of 18 years, if you are not able to form legally binding contracts, or if, for some reason, we have suspended or terminated your access to FlareAware. If we determine that any of your information is not current, accurate, complete or true, we may suspend or terminate this agreement with FlareAware and your use of its services. Furthermore, we will not refund any unused money in your account with FlareAware. Also, we cannot guarantee that every user of FlareAware software and services is at least 18 years of age and we will not be liable for actions, communications, content displayed or other use or access of FlareAware by individuals under the age of eighteen or by any other individuals using FlareAware software or services or who are in any way connected with FlareAware.
You are solely responsible for maintaining the confidentiality of your user Id and password. Unless otherwise facilitated by our system, you may not authorize third parties to use your login information and passwords so they can access your account and, likewise, you cannot log on to accounts that are not yours. Please keep your information private. You are responsible and liable for all activities conducted through your user email, ID, password and account, even if they occur without your permission or knowledge. Other websites accessible on FlareAware that you may link to have their own policies and we are not responsible for them or their practices.
FlareAware services are provided “as is” and we do not grant any kind of warranties, express, implied or statutory, of our services, content or products. We will attempt to send you alerts in a timely manner but we can not and do not guarantee the time frame of our alerts nor do we guarantee that we will be able to send you all alerts or even any alerts at all since our procurement of the alerts depends on various variables, some of which may be beyond our control. We can not guarantee that our services will be secure or without problems. It is possible that other users or hackers may expose you to incorrect or offensive materials. No guarantees are given that problems will be corrected or that our service will meet your satisfaction. We do not guarantee that any information on FlareAware is accurate, complete or useful and we do not endorse statements, opinions, advice or content of any kind made by any party other than us unless those parties request and receive written consent from us. We can not and will not guarantee that others will not display false information or not use copyrighted materials on FlareAware and we do not guarantee FlareAware's merchantability or appropriateness.
We do not monitor or supervise the use of this service and we are not responsible for the actions, communications or transmitted content of the individuals or entities using FlareAware software and/or its related services. As part of this agreement you acknowledge that FlareAware has no control over textual, video or audio content displayed and that you use this system and view and/or download all information, images, text and all content at your own risk and that FlareAware is not liable to you for any reason whatsoever under any jurisdiction in the world.
We do not perform background checks or otherwise screen users of FlareAware services. We do not verify information in user accounts. We do not verify, we do not guarantee and we are not responsible for the quality, truth, legality, completeness or accuracy of any users' data, advice, opinions, offers, statements or any other information or content submitted to this site or anywhere else. The users, themselves, are solely responsible for such things. We are not liable under any circumstances for any loss or damage resulting from or related to your or any other person's communications with or interactions with any FlareAware user. We are not liable for any loss or damage resulting from or related to your or any person's reliance on information or other content transmitted on FlareAware, its software or site related services. We are not responsible for any use of personal information gathered by third parties about you that you have released, displayed or disclosed while using FlareAware services. You need to be careful about what you disclose or release to others because it could possibly be disseminated to numerous people or entities throughout the world. You agree that your disclosure of any or all information, video, audio, images, chat or other materials and/or your use of FlareAware's services and acceptance of any or all information, video, audio, images, chat or other materials from others on FlareAware is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise throughout the world and all possible claims that you could ever assert throughout the world against FlareAware (the business, its owners, partners, officers, directors, agents, administrators, ventures, affiliates, subsidiaries, licensors, suppliers, contractors and all other personnel and volunteers) that might arise out of or be related to your disclosure of such information, images, chat or other material and/or your acceptance of any or all information, images, chat or other material from others. We are not liable under any jurisdiction in the world for your acts or omissions or for any FlareAware user's acts or omissions, authorized or unauthorized, during or not during your (or his/her) use of FlareAware's software or services.
The FlareAware website will not be used to sell, solicit, give away, trade or in any means transfer products from one person or entity to another without written consent from the FlareAware owners.
We ask that you be honest and use good judgment when using the FlareAware software and site related services and although we have no obligation to do so, we reserve the right to reject, suspend or remove any account from FlareAware that does not comply with the rules and regulations set forth in this document and posted on this website.
We reserve the right, but have no obligation, to monitor the materials displayed in any public areas of FlareAware and to remove any such material or content that is deemed in our sole discretion to be distasteful, illegal or to violate the terms of this agreement. You have sole responsibility for all information and content you display in the public areas of FlareAware and in your private chats, direct messages, email messages or other forms of messages and communication.
If you have a disagreement with another FlareAware user or users, we have no obligation to be a mediator, but we reserve the right to monitor or mediate the dispute and also other activity involving you and other users that takes place on any of FlareAware's services if we so desire. Your interaction with this/these person/persons or entity is your responsibility entirely. In this dispute with another FlareAware user or users, you release FlareAware (the business, its owners, partners, officers, directors, administrators, agents, subsidiaries, affiliates, joint ventures, licensors, consultants and all other employees, providers and volunteers) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, anywhere in the world, arising out of or in any way related to such dispute.
FlareAware reserves the right to cancel any FlareAware account at any time for any reason with or without explicit cause or explanation and without giving the user notice. By “cancel any FlareAware account” we mean that we may sign out, disable, terminate, delete or purge your account and all information and content therein from the FlareAware service. FlareAware has sole discretion in determining whether or not you have violated the rules of the Terms of Service or any term of the accompanying license and/or agreement, and may cancel your account without notice and we may limit, suspend or prevent your future use of FlareAware. If your account is terminated by us for any reason or if you wish to cancel your account, which you may do so at any time by writing or e-mailing FlareAware, you will not receive a refund or credit for money you have paid on your account.
FlareAware reserves the right to determine the consequences of violations of Terms of Service. Warnings may be issued and/or suspensions or bans may be may be invoked for a period of days, weeks, months, years, indefinitely or permanently (canceled, terminated), depending on the type, severity and number of recurrences of the violation. Your use of FlareAware means that you will accept and abide by the enforcement of any suspension, ban, cancellation or any other punishment placed upon you as determined by FlareAware administrators, owners, partners, officers and/or directors.
FlareAware software and/or site related services may not be used for illegal purposes or to support illegal activities and we reserve the right to cooperate with legal authorities in criminal investigations if need be. You must abide by the laws of the country in which you live. If you misuse the service or behave in an inappropriate or illegal way, we may investigate and suspend or terminate your use of this service. Below is a partial list of actions and/or communications prohibited on FlareAware:
You will not transmit or display to other FlareAware users or to any FlareAware sites, owners, partners, directors, agents, officers or employees or volunteers or anyone else connected with FlareAware anything (textual, audio, visual or other) that is obscene, abusive, threatening, profane, offensive, nude or otherwise sexually inappropriate, illegal, racially discriminatory, defamatory or in any way deemed by us (FlareAware owners, partners and all applicable personnel) in our sole discretion to be unacceptable or infringing on others' rights of privacy and property, including trademarks, copyrights and patents, nor will you transmit or display links to the aforementioned types of things. If other users display copyrighted information, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such information nor will you do the same for any owner's proprietary material without their prior written consent.
You will not harm or exploit minors. Use of FlareAware software or site related services to harm or exploit minors is expressly prohibited.
You will neither impersonate nor harass or intimidate any user or owner, partner, officer, administrator or any employee, provider contractor or volunteer of FlareAware, nor will you use the website or site related services to disparage or damage the reputation of FlareAware owners, partners, agents, officers, directors, administrators or any other employee or licensor, provider, volunteer or contractor. You will not directly or indirectly cause, or assist in causing, any officer, director, agent, administrator, representative, employee, consultant or volunteer of FlareAware to terminate or suspend his/her relationship with FlareAware or to become employed by or volunteer for any other entity or person. You will not cause any existing or potential FlareAware users to discontinue using, or to refrain from using, any of FlareAware services or products, nor will you cause such users to use any software, products or services that are in competition with FlareAware, nor will you authorize or cause or assist in causing any other person or entity to take part in any of the foregoing activities.
You will not imply without prior written consent from us that we endorse any of your statements, opinions or actions.
You will not in any way disrupt or interfere with the FlareAware related servers, networks and/or services. You will not act in any way that hinders users in communicating with, or through the use of, FlareAware software or services.
You will not use FlareAware software, site related services or third party software bundled with FlareAware software to commit or attempt to commit fraud, to collect or attempt to collect personal information about third parties without their knowledge and consent, to transmit software viruses or other malicious programs that could interfere with the functioning of any computer software or hardware, nor to deliver to others chain letters, junk e-mail or anything that could be considered spam. Spam is considered to be not only the sending of many identical unsolicited messages to others, but also the creating of nicknames or profiles by which traffic is sent to a certain website or affiliate program without prior written permission from FlareAware.
You will not modify, adapt, translate, reverse engineer, decompile or otherwise disassemble any portion of FlareAware service or any software used on or for FlareAware or create derivative works using or based on FlareAware's software. You will not distribute, loan, sell rent, lease, timeshare or use the software to provide services for third parties, sub-license or transmit all or any portion of the software, and you will not cause, enable or allow others to do any of the aforementioned.
Some FlareAware features and services are currently free, but you may wish to use certain additional premium features that will be contingent upon payment of fees or charges. We may change, at any time without notice to you, any or all of these prices, costs and/or fees, effective upon our posting of the changes on the FlareAware website, such posting being the determining cost factor at the time of your purchase. When you purchase a periodic subscription service, you automatically authorize FlareAware to continuously renew your subscription at the most current renewal rate each time it comes due, such cost being determined by the current subscription rate as posted on FlareAware, until you instruct us by sending us an e-mail to stop the renewals.
All intellectual property rights in and to FlareAware (other than content or information you display but which is governed by the license granted by you on page one of this document) are and shall be owned by FlareAware. Those rights include but are not limited to database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights. All other company or product names, trademarks, logos or service marks owned by third parties and displayed on FlareAware are the property of their respective owners. All rights not expressly granted herein are reserved by FlareAware. Nothing in this agreement will adversely affect FlareAware's ownership or proprietary rights concerning FlareAware's software or site related services or information or materials, tangible or intangible, in any form and in any medium.
FlareAware acknowledges and reserves the right to (and by using FlareAware, you acknowledge and agree that FlareAware may) modify or change or discontinue any or all of its software, site related services, bundled software, features, parameters, information or Terms of Service at any time without notice to you, any user, any third party or anyone else and will not be liable for such actions to you or any third party, including, but not limited to, one who creates or implements helper application software for use with FlareAware software or services, or any one else.
FlareAware has no responsibility or liability for the deletion, corruption or failure to store any messages, images, video, audio or other information or content maintained or transmitted on FlareAware services. Under no circumstances will FlareAware (its owners, partners, officers, directors, administrators, agents, employees, affiliates, subsidiaries, licenseors, representatives, suppliers or any other employees, suppliers, contractors or volunteers) be liable to you or to any other person or entity for any incidental, consequential, or indirect damages (including but not limited to those for loss of information, images, video, audio or data, business interruption or loss of business profits) arising out of the use of or inability to use the FlareAware software, services, license or whatever other connected to this agreement, even if anyone in or connected to FlareAware (owners, partners, officers, administrators, directors, agents, employees, affiliates, subsidiaries, licenseors, representatives, suppliers, contractors , volunteers or any other party or entity) knows or has been advised of the possibility of such damages.
You will defend, indemnify, and hold FlareAware (owners, partners, officers, directors, agents, subsidiaries, affiliates, joint ventures, licensors, suppliers, contractors and all employees and volunteers) harmless for any losses, damages, costs, liabilities and expenses (actual and consequential) of any kind and nature, known and unknown, relating to or arising out of (1) your use of FlareAware, including but not limited to your breach of this agreement - this being an agreement as stated in the opening paragraphs of this document and determined by your use of FlareAware services since you were not authorized to use these services unless you read and agreed to FlareAware's terms of service;(2) any allegation that information, images, video, audio or content of any type that you submit or have submitted to or transmit or have transmitted to FlareAware infringes on or otherwise violates a third party's intellectual property or other rights, including rights of privacy and publicity; and (3) any of your activities related to FlareAware that occur outside of the services provided by FlareAware.
These Terms of Service will be interpreted and governed by the laws of the State of Ohio. By using FlareAware's website and services, you agree that any and all claims by you arising out of or related to FlareAware's software and/or site related services must be adjudicated in State or Federal courts in the state of Ohio. You agree to waive any objection to personal jurisdiction and agree that venue shall be in the state of Ohio. Should a competent court of jurisdiction find FlareAware to be liable to you for some reason, you agree that FlareAware's total aggregate liability to you for any cause whatsoever, no matter what the form of the action, will be limited at all times to the amount you have paid, if any, to FlareAware for fees, products and services during your period of use of FlareAware's software and services.
In order to better serve you and to enhance FlareAware, we may ask that you provide personal information. You agree that FlareAware will store this information on FlareAware software and related sites. FlareAware may keep data in the United States and/or in various other countries, jurisdictions or parties, that may be involved in the operations of the FlareAware business and website.
By using the FlareAware website and/or software you agree that we may share your personal or non-personal data with service providers who are serving us in many different areas, such as those connected with storage, administration, development, marketing or remarketing, analysis of information, delivery of products, compiling and revising customer lists, overseeing games, sweepstakes or giveaways, providing search links, offering customer service, and all other tasks that are needed.
You acknowledge the fact that cookies, web beacons, pixel tags and/or other monitoring means may be used by us or by authorized third parties to administer/update/upgrade/repair/redo the website and/or software, to analyze trends, to collect demographic data, to measure the overall effectiveness of our advertising, content and programming, to compile statistics about our users so as to help enable us to make suitable offerings and advertisements and to perform any other tasks that may be necessary in order to run the business or improve its quality. You acknowledge also that we may publish non-personal data collected for promotional purposes.
You realize that all users of FlareAware may be exposed to various types of advertisements and comments, video or other input on the website and/or on applications and each FlareAware user displaying content on FlareAware's public places has no privacy guarantee for such content displayed. Other consumers or companies will have access to this publicly displayed information and we have no control over who uses this information and what they do with it, so display your information with discretion. Also, since any information transmitted to and from a site by way of the internet can not be guaranteed to be totally safe, we will not be liable for the actions of others who may obtain your information.
In addition, FlareAware reserves the right to disclose and/or sell information about you and your account if it undergoes some type of change to its corporate form, including circumstances such that FlareAware is sold, assigned, transferred, merged, or files for bankruptcy protection, insolvency or other similar or related situations.
We may need to notify you of various circumstances such as changes, modifications, renewals, special offerings, deadlines, etc. therefore, you agree, by your use, to receive e-mail messages from us or for us by third parties. If you disclose any information to third parties or others providing services for third parties, you must rely upon their privacy policies to govern their use of your information.
Your use of FlareAware's software and services means you agree to the above FlareAware Terms of Service and Private Policy rules, regulations and conditions. If you do not agree to the terms stated herein, please exit this page and do not access or use FlareAware's website or its services.
If you are using FlareAware's website and/or services and have any questions or wish to report known violations, please email us at [email protected].