Welcome to Flairr Wallet, developed by XI Media, LLC. dba Flairr Labs (“us,” “we,” the “Company,” or “Flairr”).
NOTE: You must read and accept the terms of service for Flairrcoin located at https://flairrcoin.com/flr-terms-of-use/ before reading and accepting these terms of service.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and, also on https://flairrcoin.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with Flairr, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.
The Service is not intended or directed to adults over the age of eighteen (18), or other applicable minimum adult age in your place of residence (“Adulthood Age”) and it is prohibited for anyone under such age.
NOTE: You agree not to use the Service, or to allow others to do so, if doing so would violate the applicable Adulthood Age in your jurisdiction.
Further, you represent and warrant that:
- you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
- you will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations, and
- you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
AS A PARENT OR LEGAL GUARDIAN OF A MINOR, YOU ARE SOLELY AND FULLY RESPONSIBLE FOR SUPERVISING YOUR CHILD’S ACTIONS, AND DIGITAL OR PHYSICAL BEHAVIOR, INCLUDING WHETHER TO USE THE SERVICE, AND HOW.
TO THE HIGHEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DECLINE ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT OR LEGAL GAURDIAN.
In order to use the Service, you may use your phone number, your email, or your other Social Media accounts. If you sign in using your Social Media accounts, you authorize us to access and use certain account information, including but not limited to your public profile and information about friends you share in common with other Service’s users.
You are responsible for maintaining the confidentiality of your login credentials that you use to sign up for the Service, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us, using email@example.com
We are always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with a notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance, unless extenuating circumstances such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however if you use a third-party payment account, you will need to manage in app purchases through such account (e.g. iTunes, Google Play, etc.) to avoid additional billing.
NOTE: We may terminate your account at any time, without any notice.
Upon such termination, you will not be entitled to any digital assets in the Service, nor any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Flairr: Section 4, 5, 6 and Sections 17 through 24.
You agree to use significant caution and care, while using the Service. You shall refrain from using the Service, if it poses any type of risk(s) to your personal safety and security, or safety and security of others. You agree that you will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, altercation, or liability of any kind. You agree that you will not use the service while operating any type of motor vehicle, or any type of machinery that requires your full attention.
YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR YOUR OWN PERSONAL SAFETY AND SECURITY, AT ALL TIMES, ON OR OFF THE SERVICE.
Though Flairr strives to encourage a respectful social user experience through features that only allows users to interact only if all sides have interest in such interaction(s), Flairr is not responsible for the conduct of any of its users, on or off the Service.
You agree that in conjunction with your use of the Service, you will maintain safe and appropriate contact with other users, and other people in the real world. You will not bother, harass, threaten, or otherwise violate the legal rights of others. You agree to use caution in all communications and interactions with other users, particularly if you decide to communicate off the Service, or meet in person.
You agree that you will not provide your financial information (e.g. credit card info, bank account info, etc.), wire or otherwise send real money (FIAT Currency), to other users. In addition, you agree that you will not share any personal information (e.g. your password, your social security number, etc.) with any other users.
YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS, ON OR OFF THE SERVICE. IN ADDITION, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH ANY NON-USER INDIVIDUALS, WHILE USING THE SERVICE.
YOU UNDERSTAND THAT FLAIRR DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. FLAIRR MAKES NO REPRESENTATIONS, NOR WARRANTIES AS TO THE CONDUCT OF USERS.
FLAIRR RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT FLAIRR MAY CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (E.G. SEX OFFENDER REGISTER SEARCHES, ETC.) AT ANY TIME, USING ALL AVAILABLE MEANS OR RESOURCES.
Flairr grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Flairr, and permitted by this Agreement. Therefore, you agree not to:
- use the Service or any content contained in the Service for any commercial purposes without our written consent.
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Flairr’s prior written consent.
- express or imply that any statements you make are endorsed by Flairr.
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
- upload viruses or other malicious code or otherwise compromise the security of the Service.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- “frame” or “mirror” any part of the Service without Flairr’s prior written authorization.
- use meta tags or code or other devices containing any reference to Flairr or the Service (or any trademark, trade name, service mark, logo or slogan of Flairr) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
- use, access, or publish the Flairr application programming interface without our written consent.
- probe, scan or test the vulnerability of our Service, it’s system, features, sub-systems, networks, or sub-networks.
- encourage or promote any activity that violates this Agreement.
Please note that the Company may investigate and take any available legal action(s) in response to illegal and/or unauthorized uses of the Service, including termination of your account. Any software that we provide may automatically download and install upgrades, updates, or other new features.
By creating an account, you grant to Flairr a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access, such as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service, or transmit to other users (collectively, “Content”). Flairr’s license to your Post and Content shall be non-exclusive, except that Flairr’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Flairr would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Flairr can prevent the use of your Content outside of the Service, you authorize Flairr to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Flairr users).
You agree that all information that you submit upon creation of your account, including information submitted from your Social Media account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Flairr above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. You agree that Flairr shall not be subject to any liability or suite as a result of any subsequent removal.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for Flairr allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising content on the Service. By submitting suggestions or feedback to Flairr regarding our Service, you agree that Flairr may use and share such feedback for any purpose without compensating you.
You agree that Flairr 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, such as to:
(i) comply with legal process;
(ii) enforce this Agreement;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service; or
(v) protect the rights, property or personal safety of the Company, or any other individual or entity.
Although Flairr reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Flairr cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service, by email, phone, or via our website.
From time to time, Flairr may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, Flairr direct billing or other payment platforms authorized by Flairr. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your credit card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the item(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Flairr or the third party account, as applicable, to charge you.
If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third-party account (or Settings on the Service) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Flairr application from your device.
Deleting your account on Flairr or deleting the Flairr application from your device does not cancel your subscription; Flairr will retain all funds charged to your Payment Method until you cancel your subscription on Flairr or the third-party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
9.3. Additional Terms that apply if you pay Flairr directly with your Payment Method.
If you pay Flairr directly, Flairr may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Flairr may terminate your account immediately in its sole discretion.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not provide the funds or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Generally, all charges for purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, unless the law in your jurisdiction requires otherwise.
9.5. Residents of Specific States.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Flairr) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
If you subscribed using your Apple ID, refunds are handled by Apple, not Flairr. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com
If you subscribed using your Google Play Store account or through Flairr directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Flairr (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: firstname.lastname@example.org
11. Virtual Content.
“Virtual Content” is a generic term for any type of digital utility token (e.g. Flairrcoin) or any type of Cryptocurrency (e.g. Bitcoin).
11.1. Transfer or Trading of Virtual Content.
Certain portions of the Service may allow a user to enable transfer or trading of some specific types of Virtual Content with other users, or other third parties.
You acknowledge that your decision to transfer Virtual Content to any other user, or any other third party, is merely at your sole discretion and your own risk. In addition, to enter into any trade of Virtual Content is also at your sole discretion, and your own risk.
We do NOT monitor transfers, and thus, we make NO guarantee that a transfer will be satisfactory to either or both parties. In addition, we do NOT screen trades or trading partners, and thus, we make NO guarantee that trades will be a fair exchange of value between the parties to that trade.
We reserve the right to determine in our sole discretion, with or without notice, what and when Virtual Content may be traded between and among users or other third parties. Non-tradable items cannot be traded under any circumstances. In some cases, traded Virtual Content may only be traded for similar items and some specific items are prohibited for trading. Any attempt to trade outside the Service, or to trade a prohibited item, may be merely at your own risk and in some cases, may result in your Account being suspended or terminated.
The Service may contain advertisements and promotions of services or products (physical or virtual) offered by third parties and links to other websites or resources. Flairr is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Flairr is not responsible or liable for such third parties’ terms or actions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLAIRR, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS, OR USE THE SERVICE;
- THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR
- UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF FLAIRR HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL FLAIRR’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO FLAIRR DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST FLAIRR, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL.
THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
FLAIRR PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FLAIRR DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, DEFECT OR ERROR FREE, (B) ANY BUGS, DEFECTS, OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON, OR THROUGH THE SERVICE, WILL BE ACCURATE.
FLAIRR TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, OR ANOTHER USER, OR THIRD PARTY, TRANSMITS, TRADES, POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. FLAIRR ALSO TAKES NO RESPONSIBILITY, WHATSOEVER, FOR ANY VIRUSES, TROJAN HORSES, WORMS OR THE LIKE, WHICH MAY BE TRANSMITTED TO, OR THROUGH THE SERVICE, BY ANY USER OR THIRD PARTY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED MERELY AT YOUR OWN DISCRETION AND RISK.
FLAIRR DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, OR THIRD PARTY, WHETHER ON OR OFF THE SERVICE.
ALL THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, IN THE APPLICABLE JURISDICTION.
Content and information provided anywhere and anyhow on the Service is NOT intended:
- as any kind of psychological, health, or medical advice,
- as any kind of social, romantic or relationship advice,
- as any kind of investment, business, tax, accounting, or legal advice,
- as an offer, or solicitation of an offer, or recommendation to sell or buy any securities, or any other financial instrument, or to participate in any trade or transaction,
- as an endorsement, or recommendation of any transaction, trade, investment, or business undertaking.
Except where prohibited by applicable law:
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or the Service, regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Flairr in a small claims court of competent jurisdiction in the county in which you reside, or in Orange county, Florida. Such arbitration shall be conducted by written submissions only, unless either you or Flairr elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against Flairr.
- If you assert a claim against Flairr outside of small claims court, your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. The same is true for Flairr. Both you and Flairr are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant the relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only, for very limited reasons.
- Here are some important considerations that are fully incorporated and applicable to this Agreement:
- Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties under the Consumer Arbitration Rules of the American Arbitration Association. Arbitration does not limit or affect the legal claims you as an individual may bring against Flairr. Agreeing to arbitration will only affect where those claims may be brought and how they will be resolved.
- Arbitration is generally considered to be a more rapid dispute resolution process than the judicial system, but that is not always the case. The Arbitrator will typically determine whether Flairr or you will be required to pay or split the cost of any arbitration with Flairr, based on the circumstances presented.
- You will be precluded from bringing any class or representative action against Flairr, and you will also be precluded from participating in any recovery resulting from any class or representative action brought against Flairr, in each case provided you are not already bound by an arbitration agreement and class action waiver previously agreed to with Flairr.
- Under Rule R-9 of the AAA Consumer Arbitration Rules, either party to an arbitration involving a claim within the jurisdiction of a small claims court may choose to have the case decided by the small claims court instead. Please review Rule R-9 for more details. Nothing in this Agreement, including the right of the consumer (but not Flairr) to file a dispute directly in small claims court rather than initiating arbitration, should be construed as being inconsistent with either party’s right to invoke Rule R-9 after an arbitration has been initiated.
DECIDING WHETHER TO AGREE TO THIS AGREEMENT, AND THIS ARBITRATION SECTION AS AN ESSENTIAL AND MATERIAL PART OF THE AGREEMENT, IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
Except where our arbitration agreement is prohibited by law, the laws of Florida, USA, without regard to its conflict of laws and rules, shall apply to any disputes arising out of, or relating to this Agreement, the Service, or your relationship with Flairr.
Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Orange County, Florida, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Flairr that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Orange County, Florida, USA. You and Flairr consent to the exercise of personal jurisdiction of courts in the State of Florida and waive any claim that such courts constitute an inconvenient forum.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Flairr, our affiliates, and their and our respective officers, directors, agents, representatives and employees, from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
20.1. Entire Agreement.
This Agreement constitute the entire and exclusive understanding and agreement between Flairr and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Flairr and you regarding the Services and Content.
No agency, partnership, joint venture, employer-employee, franchiser-franchisee, fiduciary or any other special relationship is created as a result of this Agreement, and you may not make any representations on behalf of or bind Flairr in any manner.
The descriptive headings of the provisions (sections and subsections) of this Agreement are for convenience only, and do not affect this Agreement’s construction or interpretation.
If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Flairr’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Flairr may freely assign or transfer the Terms of this Agreement without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, This Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
20.4. Force Majeure.
Neither Flairr, any user, nor any other party involved in creating, producing, or delivering the Service or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, wide-spread disease, acts of terror or foreign enemy, satellite or network failure, governmental policy change, order or regulation, trade dispute, or any other cause beyond its respective control.
Any notices or other communications provided by Flairr under the Terms of this Agreement, including those regarding modifications to the Terms, will be given: (a) via email; or (b) by posting to the Services; or (c) by posting to the website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address Your provided. For notices made by the Service or Website, the date of receipt will be deemed the date that such notice is posted on the Service or Website.
20.6. How to Contact Us.
If you have questions about this Agreement, here’s how you can reach us:
3259 Progress Drive
Orlando, FL 32826
United States of America
Flairr’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Flairr. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under the Terms of this Agreement will be without prejudice to its other remedies under the Terms of this Agreement or otherwise.
If you live in the Republic of Korea, the E-Commerce Act provides you with certain rights to refunds within seven (7) days of purchase. However, please note that once you exchange Virtual Money for Virtual Goods within the App, a refund will no longer be available. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods as permitted under applicable law without any liability to you.
If you live in the EEA, you have certain rights to withdraw from online purchases. However, please note that once you download Virtual Money from us, your right of withdrawal ends. You agree that (a) purchase of Virtual Money involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the EEA, we will provide you with a VAT invoice when we are required to do so by law. You agree that these invoices may be electronic in format. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to you.
In the event of intentional or gross negligence, including by its representatives and vicarious agents (Erfüllungsgehilfen), either Party shall be liable according to statutory provisions. The same shall apply in the event of culpably caused damages resulting from an injury to life, body or health, in the event of damages resulting from a violation of a guarantee as to quality (Beschaffenheitsgarantie), as well as in the event of defaults concealed fraudulently (arglistig verschwiegene Mängel).
In the event of damages to property and financial damages (Sach- und Vermögensschäden) caused by slight negligence of either Party, its representatives or vicarious agents, such Party shall be liable only in the event of a violation of a contractual core duty (wesentliche Vertragspflicht), however limited to the amount of the damage which was foreseeable at the time of conclusion of the contract and typical taking into account the nature of the contract (vorhersehbarer und vertragstypischer Schaden). Contractual core duties are such duties whose accomplishment enables proper fulfilment of an agreement and whose observance the contracting parties may and do regularly rely on. Insofar as statutory limitations of liability acc. to Sec. 521, 599 German Civil Code apply to the provision of services free of charge, they remain unaffected by the aforementioned provisions. Liability based on the German Product Liability Act shall remain unaffected.
Any further liability of either Party other than set out above shall be excluded.
Appendix 1. Terms of Sale
Note: You must read, understand, and agree to our “Term of Use” before you proceed to read these “Terms of Sale”.
(a) In General
Descriptions of the Merchant Offerings and Products advertised on the Service are provided by the Merchant or other referenced third parties. Flairr does not investigate or vet Merchants. Flairr is not responsible for any claims associated with the description of the Merchant Offerings or Products. Pricing relating to certain Merchant Offerings, Products, and other available programs on the Service may change at any time in Flairr’s sole discretion without notice.
A Merchant may advertise goods, services, or experiences on the Service, or with respect to Products, supply products to Flairr, that require Merchant to have an up-to-date regulatory authorization, license, or certification. Flairr does not verify, validate, or collect evidence of any regulatory authorization, license, or certification from any Merchant (including, without limitation, Health & Fitness and Beauty & Spa Merchants, etc.). You should make whatever investigation you deem necessary or appropriate before purchasing any Merchant Offering or Product to determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products.
Flairr is not a health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the Service. The Service is not a substitute for professional advice, including, without limitation, medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Service.
If an offer becomes unavailable between ordering and processing, Flairr will either cancel or not process the order and will notify you by email.
Flairr does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Flairr reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Service. If this occurs, Flairr will attempt to notify you by email. In addition, Flairr reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering or Product.
(b) Merchant Offerings
Vouchers are distributed by Flairr and are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher/Offer (collectively “Voucher”). The Merchant is solely responsible for redeeming the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any, and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release Flairr and its subsidiaries, affiliates, partners, officers, directors, employees, and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher.
The Merchant is the sole issuer of the Voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Vouchers is prohibited. Pricing relating to certain Merchant Offerings and Products on the Service may change at any time in Flairr’s discretion, without notice.
The Merchant is solely responsible for the sale and shipment of alcoholic beverages. Any offer that features alcohol will contain information about shipping and other restrictions.
- Additional terms applicable to Reservation of offers/vouchers. Reservation may be applied to any Voucher, Coupon, ticket, a Local Pick-Up Voucher (described below), or a Voucher redeemable for ticketed events, or a Voucher redeemable for goods and services that has been scheduled for a specific date and time. A reserved voucher/offer has two separate values: (i) the amount paid for the reservation (Reservation fee) and (ii) the amount to be paid to the merchant at the time of redeeming the voucher/offer (Merchant fee). The Reservation fee is non-refundable, unless the Merchant refuses to provide the product, service, or the experience. The Merchant fee is being directly paid to the merchant, at the time of redeeming the voucher/offer. For example, if you pay $20 for reserving a Voucher that has a $200 value of goods, services, or experiences from a Merchant, the Reservation fee is $20 (this amount is not refundable) and the Merchant fee is $180 (this amount must be directly paid to the merchant before the expiration date stated on the Voucher, unless expiration of the voucher is prohibited by law). The Merchant is responsible for permitting you to redeem the Voucher before the date that the voucher is expired.
- Tickets and Admission Vouchers: Some Vouchers are redeemable for a ticket for admission, or may be used as a ticket for admission, to a specific event at a named venue. Reserved or purchased passes, tickets, and certain other Vouchers redeemable for tickets or admission to events (collectively, “Tickets and Admission Vouchers”) have no value once the event date and time has passed, and also the reservation fee is non-refundable. Tickets and Admission Vouchers are final sale and non-refundable, subject to the Extraordinary Event Policy, unless otherwise stated. Tickets and Admission Vouchers do not include any applicable gratuity. Unless a specific exception is made, Tickets and Admission Vouchers are not eligible for upgrades and are not transferable. Certain resale premiums and restrictions may apply. Tickets and Admission Vouchers obtained from unauthorized sources may be lost, stolen, or counterfeit, and if so, are void.
- Venues and Events. Opening acts, as well as individual performers, are subject to change or cancellation at any time without notice or recourse by you. Venues may search you as a condition of admission and ban or restrict certain items from being brought to the event and impose other rules on ticketholders. You agree to all such rules and conditions and waive any related claims that may arise in conjunction with their imposition or execution. A ticket is a revocable license and admission may be refused for violation of the venue’s rules without refund, or for any or no reason upon refunding the amount paid. You voluntarily assume all risks and danger incidental to any event for which any Tickets and Admission Vouchers are issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against Flairr, the venue, the issuer of the Tickets and Admission Vouchers, and all their respective affiliates, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor. You agree not to record or transmit or aid in recording or transmitting, any description, account, picture, or reproduction of any event for which you purchase Tickets and Admission Vouchers. You agree that any event for which you purchase Tickets and Admission Vouchers is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature and that you have no expectation of privacy with regards to your actions or conduct at the event.
Getaways that you purchase through the Service are subject to the terms below:
- Getaways Flash Deals. A Flairr Getaways Flash Deal is a Flairr-facilitated hotel or travel package at a named Merchant available for purchase for a limited period of time (“Getaways Flash Deal”). Unless otherwise specified, a Getaways Flash Deal is non-transferrable. A Getaways Flash Deal may not be sold, auctioned, or bartered. Cancellations to Getaways Flash Deals may only be made through Flairr until the deadline specified in connection with the Getaways Flash Deal. Cancellations to any Getaways Flash Deal after the cancellation deadline and modifications to the traveler’s name are at the discretion of the Merchant and not Flairr. Flairr does not facilitate and is not liable for any special requests, which may be accommodated directly with the Merchant prior to check-in at the Merchant’s discretion. Flairr strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the Merchant may require and violation of such additional rules and restrictions may result in additional charges and/or the cancellation of your Getaways Flash Deal.
- There are two types of Getaways Flash Deals: A Getaways Voucher is a voucher for a specified length of stay and room type that may be booked for a pre-defined range of dates at a named Merchant property (“Getaways Voucher”). The promotional value of a Getaways Voucher will EXPIRE on the book by date specified on the face of the Getaways Voucher, unless prohibited by law. The promotional value cannot be combined with other offers. Travel must be booked by the book-by-date by directly contacting the Merchant, and all travel must be completed by the travel by date specified on the Getaways Voucher. The amount paid WILL NEVER EXPIRE. After the promotional value has expired, the Merchant is responsible for permitting you to redeem the Getaways Voucher for at least the amount paid towards the advertised experience of the Getaways Flash Deal. Getaways Vouchers are not valid for existing reservations or for group bookings. Getaways Vouchers are not reloadable. Getaways Vouchers are fully transferable. Unless otherwise specified, Getaways Vouchers exclude all taxes and any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons.
- A Getaways Reservation is a travel reservation for a specific check-in date, length of stay, and room type at a named Merchant property (“Getaways Bookings”). Getaways Bookings have no value once the check-in date has passed and the Reservation fee for Getaway Bookings are non-refundable, before or after the check-in date. The Merchant is responsible to apply tax to the service fee, where applicable. You may also incur other charges at check-out such as, but not limited to, hotel resort fees, cleaning fees, parking fees, and/or pet fees, which you must directly pay to the Merchant. Unless otherwise specified, Getaways Bookings expressly exclude any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities, or expenses due to special requests or add-ons.
- Getaways Market Pick hotels. A Getaways Market Pick hotel is a reservation for a specific check-in date, length of stay, and room type at a named Merchant property (“Getaways Market Pick hotel”). Getaways Market Pick hotels are non-transferrable, may not be sold, auctioned, or bartered, and have no value once the check-in date has passed. The reservation fee for Getaways Market Pick hotels is non-refundable. Unless otherwise specified, Getaways Market Pick hotels include tax recovery charges and service fees and expressly exclude any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities, or expenses due to special requests or add-ons. The tax recovery charge is assessed to recover the amount we pay to the merchant in connection with your reservation for sales and use, occupancy room tax, excise tax, value added and other similar taxes, and the balance of the additional amount is a service fee we charge in connection with handling your reservation. Flairr does not facilitate and is not liable for any special requests, which may be accommodated directly with the Merchant prior to check-in at the Merchant’s discretion. Cancellations to Getaways Market Pick hotels may only be made through Flairr until the deadline specified in connection with the Getaways Market Pick hotel. Cancellations to any Getaways Market Pick hotel after the cancellation deadline are at the discretion of the Merchant and not Flairr. Flairr strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the Merchant may require, and violation of such additional rules and restrictions may result in additional charges and the cancellation of your Getaways Market Pick hotel.
(iii) Merchant Products
Through the Service, certain Merchants allow you to purchase various products directly from the Merchant. Terms and conditions regarding shipping, delivery, and returns will vary by Merchant and will be stated in the Merchant’s deal terms. Charges for delivery and applicable sales taxes will be added at checkout. Once you click the “Buy” button, Flairr will notify the Merchant of your requested order. Your purchase is not complete until you receive an email from Flairr confirming whether or not the Merchant has accepted your order. Merchant is solely responsible for all Merchant Products purchased through the Service.
Coupons are offered by Merchants to consumers throughout the Service, including, without limitation, a portion of the Service dedicated to Coupons. Coupons are subject to the terms and conditions as specified by the Merchant. By obtaining or purchasing a Coupon through the Service, you acquire the right to redeem the Coupon with the Merchant. Any service or Reservation fee retained by Flairr from the sale of a Coupon, if applicable, is non-refundable and is compensation to Flairr for marketing, promoting, advertising, and distributing the Coupons on behalf of the Merchant. As the issuer of the Coupon, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Coupons have no cash or residual value. Flairr does not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. Flairr is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Coupon.
(v) Merchant Gift Cards
Merchant Gift Cards are offered by Merchants to consumers subject to the terms and conditions specified by the Merchant on the face of the Merchant Gift Card. By obtaining or purchasing a Merchant Gift Card through the Service, you acquire the right to redeem the Merchant Gift Card with the Merchant. Any service fee retained by Flairr from the sale of a Merchant Gift Card is compensation to Flairr for marketing, promoting, advertising, and distributing the Merchant Gift Cards on behalf of the Merchant. As the issuer of the Merchant Gift Card, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Flairr does not make any warranty in relation to the Merchant Gift Cards, including, without limitation, their validity or value. Flairr is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Merchant Gift Card.