Terms of Use

1 Introduction

1.1 Contract

You agree that by registering, accessing or using our Services, you are entering into a legally binding contract (“Contract”) with Flare Hub Ltd (even if you are using our Services on behalf of a company). If you wish to terminate this Contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.

1.2 Services

This Contract applies to Flare.guide and any other products and services provided by Flare Hub (“Services”).

1.3 Flare Hub Ltd

You are entering into this Contract with Flare Hub Ltd (“Flare Hub”, also referred to as “we” and “us”), Business ID 2991619-4.

1.4 Members and Visitors

Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both Members and Visitors.

2 Obligations

2.1 Registration

If you register to the Services, you agree that 1) you will only have one Flare.guide account, 2) which must be in your real name, and 3) you are not already restricted by us from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons.

2.2 Your account

You agree to 1) try to choose a strong and secure password, 2) keep your password secure and confidential and 3) keep your contact information up to date. You are responsible for anything that happens through your account unless you close it or report misuse.

2.3 Content

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You agree that your content and information will be truthful, and you keep it updated. You follow our instructions on how to create Flare Parties, Flare Listings and/or Flare Events. You also meet the deadlines given either by us and/or an event organizer/directory owner.

You agree not to duplicate content of other Members or Flare.guide but you can provide a link back to the relevant content in Flare.guide or share the content with the tools we have provided.

2.4 Notices and messages

You agree that we may provide notices and messages to you in the following ways 1) within the Services, or 2) sent to the contact information you provided us (e.g. email, mobile number, physical address).

3 Rights and Limits

3.1 Content

You own the content and information that you submit or post to the Services, and you are only granting us and our affiliates the following non-exclusive license:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through the Services, without any further consent, notice and/or compensation to you or others. Note specifically:

  1. By joining a Flare event/directory, you give the event organizer/directory owner the permission to keep your Party and Listing details on the event site until the event site has been removed (unless you cancel your whole event registration).
  2. Flare.guide has a feature that allows other users to embed content onto third-party services.
  3. We have the right to use your content in our advertisements.
  4. While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  5. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except a) to the extent you have given permission to use your content in Flare events/directories, b) Members and/or Visitors have copied, re-shared it or stored your content and c) for the reasonable time it takes to remove your content from backup and other systems.

We generally do not review content provided by our users or others. You agree that we are not responsible for others’ (including other users’) content or information or misuse of our Services.

We may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your Cookie settings.

3.2 Other Sites and Apps

You are responsible for deciding if you want to access or use third-party apps or sites that link from the Services. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Please note that you use these sites and apps at your own risk.

3.3 Intellectual Property Rights

We reserve all of our intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services.

3.4 Changes to the Services

The Services will evolve as the platform gets updated. We shall have the right to change the Services or any part thereof at any time. We shall use reasonable efforts to inform you in advance of any material changes that may affect your use of the Services. If you do not wish to use the changed Services, you may terminate your use of the Services and this Contract.

Any changes to the Services are at the discretion of us and we are under no obligation to implement any requested changes.

3.5 Technical Support

Technical questions can be submitted through our contact form and will be answered on a first come first served bases. Requests will only be processed if they are submitted in English or in Finnish. We will try to resolve any issues but do not commit to a time frame for a reply or that a resolution can be ensured. In the case that a change to the Services is requested please refer to the section on "Changes to the Services".

3.6 Availability of Services

We will use our reasonable commercial efforts to keep the Services available 24/7 with an uptime percentage as high as possible. For system maintenance purposes, it might be necessary to disable the login for some time, but in this case we try to publish this fact on the Services up front and do this at a time when there are not much members expected to be using the Services (Visitors can still use the site normally).

We reserve the right to discontinue any of our Services. However, we always promise to store or keep showing event and its content until the event has passed and 30 days after that (max duration for a Flare event site is 12 months).

3.7 Force Majeure

In no event shall a party to this agreement be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control.

Each Party shall promptly notify the other parties about the force majeure and its effects.

3.8 Independent Contractors

Nothing in this Contract shall be construed as creating a partnership, agency, joint venture or any legal entity between Flare Hub and you. Flare Hub is not acting as your representative or agent with respect to the Services. The relationship between Flare Hub and you is one of independent contractors. For the avoidance of any doubt, you may not make any commitments on the behalf of Flare Hub.

4 Disclaimer and Limit of Liability

4.1 No warranty

To the extent allowed under law, we and our affiliates a) disclaim all implied warranties and representations, b) do not guarantee that the Services will function without interruption or errors, and c) provide the Services (including content and information) on an “as is” and “as available” basis.

4.2 Exclusion of Liability

To the extent permitted under law, we and our affiliates shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the Services (e.g. down time).

In no event shall the liability of us and our affiliates exceed, in the aggregate for all claims, an amount that is the sum of a) the fee you have paid us for the event/directory mentioned in the claims, and b) the fee you have paid us for your listings in an event mentioned in the claims.

5 Termination

Each party may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Flare events/directories with their content are stored and showed online according to the section “Availability of Services” (unless the event organizer terminates their contract);
  • Members and/or Visitors’ rights to further re-share content and information you shared through the Services to the extent copied or re-shared prior to termination;
  • Sections “Disclaimer and Limit of Liability”, “Governing Law and Dispute Resolution”, “General Terms” of this Contract;
  • Any amounts owed by either party prior to termination remain owed after termination.

In addition, we reserve the right to restrict, suspend, or terminate your account if we believe that you may be in breach of this Contract or law or are misusing the Services.

6 Governing Law and Dispute Resolution

In the unlikely event we end up in a legal dispute, it will be resolved in the district court of Helsinki, Finland, in accordance with the Finnish laws.

7 Changes to the Contract

We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

8 General Terms

This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only.

You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that we may assign this Contract without your consent to Flare Hub’s affiliates or if there will be any company ownership restructurings with Flare Hub.

 

Published: 30 May 2019