TERMS OF USE
These terms of use (“Term”) constitute a legally binding agreement between Flatters (“we”, “us” or “Company”) and you (“you”, “user(s)”) governing your use of our services, including the Flatters mobile app (“App”) and your use of our website: www.flatters.com (“Site”). The Site and/or App enables you to use and enjoy photo editing, including related features, as may be made available from time to time by us at our sole discretion (collectively the “Service(s)”).
You acknowledge and agree that by accessing or using the Services or by installing the App, you are indicating that you have read, understand, and agree to be bound by the Terms and to comply with all applicable laws and regulations. These Terms, together with our Privacy Policy constitute an enforceable, legally binding agreement between you and the Company, therefore if you do not agree to any of the provisions herein, please do not use our App or Services. These Terms shall govern any and all kind of use and features offered via the Services as may become available from to time to time.
ABOUT THE SERVICES
The Company develops and provides certain applications and Services which provide users with a photo editing service, assisting users to maximize the full potential of their and create enhanced and unique versions of their photographs.
ELIGIBILITY AND AGE LIMITATION
Please be aware that our App and Services or intended solely for persons over the age of 16 years old. By accepting the Terms, you hereby represent and warrant that: (i) you are not a Child (as defined in the Privacy Policy) and of the appropriate age to enter into this Terms; (ii) you are eligible to enter into these Terms and have thoroughly read these Terms; and (iii) you are not prohibited by any authorized authority, judicial order or law to enter into such agreement.
Registration and Use
In order to use the Services you shall sign in through your Instagram account.
We may collect, use and disclose your data in connection with the provision of the Services, all in accordance with the terms and conditions of our Privacy Policy (“Privacy Policy”). We recommend that you read our Privacy Policy carefully, which is incorporated by reference into the Terms as an integral part, in order to understand our data collection practices and the specific types of data we may collect, use and disclose.
PAYMENTS
In order to use the editing services, you must purchase a subscription (“Subscription”). If you purchase a Subscription the following terms apply:
User Representations and Undertakings
We care about the rights and interests of third parties and the rest of our users, as such we require that our users shall use the App and Service in accordance with applicable laws, regulations or rules, in a respectful manner without infringing on the rights of third parties. As such, you hereby represent and warrant that any download, installation, access or use you make in connection to App or the Services is your sole responsibility and at your sole risk. Furthermore, you represent and warrant that any use you make of the App or Services, including the images an pictures uploaded to the App and/or shared on social networks through the App (“Content”), shall be in compliance with applicable laws, regulations or rules and shall not constitute or otherwise include any Prohibited Content, including any upload or disclosure of illegal, harmful or un authorized content
For the purpose of these Terms “Prohibited Content” shall mean to include, but not limited to, the following: any unlawful, illegal, harmful content, including, among others, content which breaches applicable laws, regulation, rules, applicable policies and third party rights or otherwise interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services.
You hereby represent and warrant that you have all the rights and authorizations to use the Content via the App or Services, and that all information provided by you is accurate and truthful.
You ACKNOWLEDGE and agree that the services, including the actual editing of the Content may be carried out by actual INDIVIDUAL editors and not just by artificial means, and as such, our personnel may be able to access, view and edit your Content. IF YOU do not wish to expose private information or any private images via the app or services, you should refrain from using the app or services with respect to such content.
Furthermore and without derogating from the foregoing, you hereby represent, warrant and undertake that the your use of the Content submitted by you, would not (i) violate any applicable laws, regulations or rules; (ii) contain hateful content, including but to limited to violence and racism based on religion, discriminatory, age, gender, identity, sexual orientation, ethnic, nationality and ethnic origin, contain adult and pornography content; (iii) contain any content or engages in a behavior which may infringe in any way third party privacy rights or would constitute defamation; and (iv) contain any content which includes unauthorized commercial communications as well as advertising, spam, incentivized or other way promoting any service or product.
If owners of copyright works or other third parties believe that their rights have been infringed, then are encouraged to report such alleged infringements to us promptly. Our policy is to reserve the right to terminate the rights of any user to access the App or Services if any such user is found to infringe third-party rights, including copyrights or other intellectual property rights or users which we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement we will respond promptly to delete, remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the applicable laws in order to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.
Restrictions on use
The App or Services are provided solely for personal use and entertainment purpose, and in no event shall be used for commercial use.
The app is provided solely for your personal, non-commercial use and you hereby undertake that you will not, directly or indirectly: (a) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the App or Services or attempt to derive the source code or gain unauthorized access to the App or its related systems or networks, nor remove, circumvent, disable, damage or otherwise interfere with security-related features or operation of the App, including, without limitation, transmitting destructive items or harmful codes; (b) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit the App or any portion thereof; (c) use the App or the Services in any fraudulent or unlawful manner; (d) use the App or Services in any way that violates any provision of these Terms; (e) assert any proprietary rights in or to the App, Services, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials provided by such third party; or (f) use Company’s name, logo or trademarks without Company’s prior written consent. If we find it required, we will investigate any breach or alleged breach of these Terms and report to law enforcement authorities. Further, we are entitled to prevent access from any user that we believe has breached or is likely to breach these Terms. We may also limit or prevent the use of our app for any reason or for no reason, at our sole discretion.
Social Networking and Logins
The App and Services may allow you to upload Content to or log in to the App or Services via various online third party services, such as social networking services like Instagram (“Social Networking Services”).
You should be aware that the way third party services (including Social Networking Services) use, store, and disclose your information is governed solely by the policies of those third party services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. If you wish to control the amount of information that is accessible to us you may be able to do so by adjusting your account privacy settings on such Social Networking Services.
We are not responsible for any content displayed on such Social Networking Services including your interaction with such services, including if conducted via the App or Services. We advise our Users to take caution while using such Social Networking Services.
Proprietary rights and License
You acknowledge and agree that all our intellectual property rights in and to the App, Site and/or Services, including but not limited to copyrights, trademarks, patents, icons, logos, characters, layouts, service marks, trade names, software code, trade secrets, buttons, color scheme and graphics thereof are the Company’s exclusive intellectual property and are all protected by local and international intellectual property laws and treaties including all applicable copyright laws and regulations. Please note that our Services may contain third-party graphics, logos trademarks or service marks, and you are not granted any right or license with respect to our trademarks or the trademarks of any third party.
Except as set forth hereunder, you may not copy, alter, adapt, modify, reproduce, distribute or commercially exploit any materials, including graphics, video, text, audio, software code, design, logos or user interface from this or any of our Services, without our prior written consent.
Subject to the terms and conditions of the Terms and your compliance with applicable laws and regulation, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license to download and install a copy of the App and the right to use and access the Services on a mobile device that you own or control, in the format of an application solely for your own personal non-commercial purposes during the term of the Subscription or until termination of these Terms. Any right that is not expressly granted to you under these Terms is expressly reserved by the Company.
You hereby grant us a non-exclusive, limited, worldwide, fully paid-up, sub-licensable license to reproduce, transfer, display, publish, create derivative works or use the Content as required to provide you with the Services for as long as you are continuing using the Services or until termination of these Terms.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO SITE, APP OR SERVICES, INCLUDING THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE, APP OR SERVICES ARE PROVIDED "AS IS" OR “AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR USE OF THE APP OR SERVICES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, APP OR SERVICES ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES OFFERED BY A THIRD PARTY THROUGH THE SITE, APP OR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITIES
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE SITE, APP OR SERVICES, , AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP OR SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE APP OR ANY CONTENT AVAILABLE THEREIN.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE LOWER OF: (A) THE AMOUNT YOU PAID TO THE COMPANY HEREUNDER OR (B) US$100. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN THE APPLICABLE JURISDICTION.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.
You acknowledge and Agree that the Company shall not be liable for any failure to perform its obligations hereunder in case such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, and we shall not be held responsible for any damages caused to you or any third party that may result from third party technical issues such as traffic congestion, slow connections, or overload of our or other servers or any issues of telecommunications or internet providers.
INDEMNIFICATION
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents (including photo editors) or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your use of and access to the App or Services; (ii) any breach by you of the terms and conditions of these Terms; (iii) your infringement of any third party rights, including, among others, any copyright, intellectual property rights or privacy rights; or (iv) any claim that one of your acts or omissions caused damage to a third party; (v) your breach of any law, rule or regulation as applicable to you in connection with the App or Services; or (vi) any other party’s access and use of the App or Services with your unique username, password or other appropriate security in a non-authorized manner.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time. You may also cancel your account at any time by sending an email to us at info@flatters.com or cease using the Service by removing the App. Upon any termination, discontinuation or cancellation of Services or your account, the provisions relating to feedback, content ownership and responsibility, warranty disclaimers, indemnity, limitation of liability, governing law and dispute resolution shall survive such termination or cancellation. If you or we terminate your access to and use of our Services, you agree that we will have no liability or responsibility to you and we will not refund any amounts that you have already paid, except as may be required under applicable law. Upon terminations, please cancel any future payments through you designated App Store account.
Governing Law; DISPUTE RESOLUTION
These Terms are governed by and construed in accordance with the laws of the State of Barbados, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards. You irrevocably submit to the exclusive jurisdiction of the competent courts in Barbados to settle any dispute which may arise out of, under, or in connection with these Terms.
Miscellaneous
Entire Agreement. These terms, constitute the entire agreement between the parties with respect to the use of the Site, App, Services or any portion thereof.
Severability. Should any one or more of the provisions of the Terms be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or impaired by such determination and will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
Relationship of the Parties. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Assignment. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. The Company expressly reserves its right to assign or transfer these Terms and to delegate any of its obligations hereunder at its sole discretion.
Waiver. The Company's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Signature Waiver. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
In cases of high demand, you may be temporarily limited to the number of photos you can submit.
CONTACTING US
If you have any questions about these terms, or wish to report violators of these Terms, you may contact us via email: support@flatters.com.
AMENDMENTS TO THESE TERMS
We reserve the right, at our discretion, to revise or update the Terms at any time. Such amendments shall be effective upon publication of the amended Terms. The last revision will be reflected in the “Last Modified” heading. Therefore, we recommend that you periodically review these Terms to see if any modification have been made. Your continued use of the App or Services thereafter constitutes your consent to such modifications. In the event of a material modification, we will make best efforts to notify you through the App, website or your account.
You acknowledge and agree that by accessing or using the Services or by installing the App, you are indicating that you have read, understand, and agree to be bound by the Terms and to comply with all applicable laws and regulations. These Terms, together with our Privacy Policy constitute an enforceable, legally binding agreement between you and the Company, therefore if you do not agree to any of the provisions herein, please do not use our App or Services. These Terms shall govern any and all kind of use and features offered via the Services as may become available from to time to time.
ABOUT THE SERVICES
The Company develops and provides certain applications and Services which provide users with a photo editing service, assisting users to maximize the full potential of their and create enhanced and unique versions of their photographs.
ELIGIBILITY AND AGE LIMITATION
Please be aware that our App and Services or intended solely for persons over the age of 16 years old. By accepting the Terms, you hereby represent and warrant that: (i) you are not a Child (as defined in the Privacy Policy) and of the appropriate age to enter into this Terms; (ii) you are eligible to enter into these Terms and have thoroughly read these Terms; and (iii) you are not prohibited by any authorized authority, judicial order or law to enter into such agreement.
Registration and Use
In order to use the Services you shall sign in through your Instagram account.
We may collect, use and disclose your data in connection with the provision of the Services, all in accordance with the terms and conditions of our Privacy Policy (“Privacy Policy”). We recommend that you read our Privacy Policy carefully, which is incorporated by reference into the Terms as an integral part, in order to understand our data collection practices and the specific types of data we may collect, use and disclose.
PAYMENTS
In order to use the editing services, you must purchase a subscription (“Subscription”). If you purchase a Subscription the following terms apply:
- Subscription: You will get access to the Services after payment of a monthly Subscription. If you sign-up for a trial of our monthly Subscription without payment, you will get access to our Services for three (3) day period (“Trial”). Subscription fees will be displayed to you at the time of purchase, and you will have to supply the App Store with your payment details.
- Payment: You acknowledge and agree that all payments for the Subscription will be directly processed and handled by Apple App Store (“App Store”) from which you originally downloaded the App. By purchasing the app from the App Store, you agree to be bound by the App Store’s terms and conditions. If you have any payment related issues (including refunds), with the Subscription, you will need to contact the App Store directly.
- Changes to the Subscription price: We may occasionally change the price of our Subscription, and will communicate any increase in price to you. Subject to applicable law, any price changes will take effect at the start of the next subscription period following the date of the price change. Continuing to use the Subscription after the price change takes effect will constitute acceptance of the modified Subscription’s price. If you disagree with the price change, you will be able to reject the price by unsubscribing before the price change takes effect.
- Auto-Renewal: If you have signed-up for a Subscription, you agree that once your subscription period expires, your subscription will automatically renew for the same length of time as the preceding Subscription period unless and until you cancel your subscription.
- You agree that once your Trial period ends, your weekly Subscription will automatically renew unless and until you cancel your Subscription.
User Representations and Undertakings
We care about the rights and interests of third parties and the rest of our users, as such we require that our users shall use the App and Service in accordance with applicable laws, regulations or rules, in a respectful manner without infringing on the rights of third parties. As such, you hereby represent and warrant that any download, installation, access or use you make in connection to App or the Services is your sole responsibility and at your sole risk. Furthermore, you represent and warrant that any use you make of the App or Services, including the images an pictures uploaded to the App and/or shared on social networks through the App (“Content”), shall be in compliance with applicable laws, regulations or rules and shall not constitute or otherwise include any Prohibited Content, including any upload or disclosure of illegal, harmful or un authorized content
For the purpose of these Terms “Prohibited Content” shall mean to include, but not limited to, the following: any unlawful, illegal, harmful content, including, among others, content which breaches applicable laws, regulation, rules, applicable policies and third party rights or otherwise interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services.
You hereby represent and warrant that you have all the rights and authorizations to use the Content via the App or Services, and that all information provided by you is accurate and truthful.
You ACKNOWLEDGE and agree that the services, including the actual editing of the Content may be carried out by actual INDIVIDUAL editors and not just by artificial means, and as such, our personnel may be able to access, view and edit your Content. IF YOU do not wish to expose private information or any private images via the app or services, you should refrain from using the app or services with respect to such content.
Furthermore and without derogating from the foregoing, you hereby represent, warrant and undertake that the your use of the Content submitted by you, would not (i) violate any applicable laws, regulations or rules; (ii) contain hateful content, including but to limited to violence and racism based on religion, discriminatory, age, gender, identity, sexual orientation, ethnic, nationality and ethnic origin, contain adult and pornography content; (iii) contain any content or engages in a behavior which may infringe in any way third party privacy rights or would constitute defamation; and (iv) contain any content which includes unauthorized commercial communications as well as advertising, spam, incentivized or other way promoting any service or product.
If owners of copyright works or other third parties believe that their rights have been infringed, then are encouraged to report such alleged infringements to us promptly. Our policy is to reserve the right to terminate the rights of any user to access the App or Services if any such user is found to infringe third-party rights, including copyrights or other intellectual property rights or users which we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement we will respond promptly to delete, remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the applicable laws in order to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.
Restrictions on use
The App or Services are provided solely for personal use and entertainment purpose, and in no event shall be used for commercial use.
The app is provided solely for your personal, non-commercial use and you hereby undertake that you will not, directly or indirectly: (a) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the App or Services or attempt to derive the source code or gain unauthorized access to the App or its related systems or networks, nor remove, circumvent, disable, damage or otherwise interfere with security-related features or operation of the App, including, without limitation, transmitting destructive items or harmful codes; (b) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit the App or any portion thereof; (c) use the App or the Services in any fraudulent or unlawful manner; (d) use the App or Services in any way that violates any provision of these Terms; (e) assert any proprietary rights in or to the App, Services, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials provided by such third party; or (f) use Company’s name, logo or trademarks without Company’s prior written consent. If we find it required, we will investigate any breach or alleged breach of these Terms and report to law enforcement authorities. Further, we are entitled to prevent access from any user that we believe has breached or is likely to breach these Terms. We may also limit or prevent the use of our app for any reason or for no reason, at our sole discretion.
Social Networking and Logins
The App and Services may allow you to upload Content to or log in to the App or Services via various online third party services, such as social networking services like Instagram (“Social Networking Services”).
You should be aware that the way third party services (including Social Networking Services) use, store, and disclose your information is governed solely by the policies of those third party services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. If you wish to control the amount of information that is accessible to us you may be able to do so by adjusting your account privacy settings on such Social Networking Services.
We are not responsible for any content displayed on such Social Networking Services including your interaction with such services, including if conducted via the App or Services. We advise our Users to take caution while using such Social Networking Services.
Proprietary rights and License
You acknowledge and agree that all our intellectual property rights in and to the App, Site and/or Services, including but not limited to copyrights, trademarks, patents, icons, logos, characters, layouts, service marks, trade names, software code, trade secrets, buttons, color scheme and graphics thereof are the Company’s exclusive intellectual property and are all protected by local and international intellectual property laws and treaties including all applicable copyright laws and regulations. Please note that our Services may contain third-party graphics, logos trademarks or service marks, and you are not granted any right or license with respect to our trademarks or the trademarks of any third party.
Except as set forth hereunder, you may not copy, alter, adapt, modify, reproduce, distribute or commercially exploit any materials, including graphics, video, text, audio, software code, design, logos or user interface from this or any of our Services, without our prior written consent.
Subject to the terms and conditions of the Terms and your compliance with applicable laws and regulation, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license to download and install a copy of the App and the right to use and access the Services on a mobile device that you own or control, in the format of an application solely for your own personal non-commercial purposes during the term of the Subscription or until termination of these Terms. Any right that is not expressly granted to you under these Terms is expressly reserved by the Company.
You hereby grant us a non-exclusive, limited, worldwide, fully paid-up, sub-licensable license to reproduce, transfer, display, publish, create derivative works or use the Content as required to provide you with the Services for as long as you are continuing using the Services or until termination of these Terms.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO SITE, APP OR SERVICES, INCLUDING THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE, APP OR SERVICES ARE PROVIDED "AS IS" OR “AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR USE OF THE APP OR SERVICES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, APP OR SERVICES ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES OFFERED BY A THIRD PARTY THROUGH THE SITE, APP OR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITIES
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE SITE, APP OR SERVICES, , AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP OR SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE APP OR ANY CONTENT AVAILABLE THEREIN.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE LOWER OF: (A) THE AMOUNT YOU PAID TO THE COMPANY HEREUNDER OR (B) US$100. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN THE APPLICABLE JURISDICTION.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.
You acknowledge and Agree that the Company shall not be liable for any failure to perform its obligations hereunder in case such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, and we shall not be held responsible for any damages caused to you or any third party that may result from third party technical issues such as traffic congestion, slow connections, or overload of our or other servers or any issues of telecommunications or internet providers.
INDEMNIFICATION
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents (including photo editors) or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your use of and access to the App or Services; (ii) any breach by you of the terms and conditions of these Terms; (iii) your infringement of any third party rights, including, among others, any copyright, intellectual property rights or privacy rights; or (iv) any claim that one of your acts or omissions caused damage to a third party; (v) your breach of any law, rule or regulation as applicable to you in connection with the App or Services; or (vi) any other party’s access and use of the App or Services with your unique username, password or other appropriate security in a non-authorized manner.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time. You may also cancel your account at any time by sending an email to us at info@flatters.com or cease using the Service by removing the App. Upon any termination, discontinuation or cancellation of Services or your account, the provisions relating to feedback, content ownership and responsibility, warranty disclaimers, indemnity, limitation of liability, governing law and dispute resolution shall survive such termination or cancellation. If you or we terminate your access to and use of our Services, you agree that we will have no liability or responsibility to you and we will not refund any amounts that you have already paid, except as may be required under applicable law. Upon terminations, please cancel any future payments through you designated App Store account.
Governing Law; DISPUTE RESOLUTION
These Terms are governed by and construed in accordance with the laws of the State of Barbados, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards. You irrevocably submit to the exclusive jurisdiction of the competent courts in Barbados to settle any dispute which may arise out of, under, or in connection with these Terms.
Miscellaneous
Entire Agreement. These terms, constitute the entire agreement between the parties with respect to the use of the Site, App, Services or any portion thereof.
Severability. Should any one or more of the provisions of the Terms be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or impaired by such determination and will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
Relationship of the Parties. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Assignment. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. The Company expressly reserves its right to assign or transfer these Terms and to delegate any of its obligations hereunder at its sole discretion.
Waiver. The Company's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Signature Waiver. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
In cases of high demand, you may be temporarily limited to the number of photos you can submit.
CONTACTING US
If you have any questions about these terms, or wish to report violators of these Terms, you may contact us via email: support@flatters.com.
AMENDMENTS TO THESE TERMS
We reserve the right, at our discretion, to revise or update the Terms at any time. Such amendments shall be effective upon publication of the amended Terms. The last revision will be reflected in the “Last Modified” heading. Therefore, we recommend that you periodically review these Terms to see if any modification have been made. Your continued use of the App or Services thereafter constitutes your consent to such modifications. In the event of a material modification, we will make best efforts to notify you through the App, website or your account.