Terms and Conditions
Please read these Terms carefully before using the http://www.flareapp.io or www.flare.godaddy.com website and/or the Flare mobile application (the “Service”) owned and operated by GoDaddy.com, LLC (hereinafter, “GoDaddy”)
These Terms are applicable to all visitors, users and others who access or use the Service (the “User”). To the extent registration is required by GoDaddy for use of the Service, for the purposes of these Terms, both registered Users and unregistered Users shall be called “Users”. Your access to, download of and use of the Service is conditioned on your acceptance of and compliance with these Terms, without reservation.
GoDaddy reserves the right to modify, at any time, the presentation and configuration of the Service, as well as its conditions of access and use. Therefore, GoDaddy recommends the User to read these conditions carefully each time they access the Service. The access to certain contents offered through the Service may be subject to certain conditions that, according to the cases, replace, complete and/or modify the present conditions. Consequently, before accessing and/or using these contents, the User must read the corresponding conditions in detail.
Users are under the obligation to use the Service in accordance with these Terms. Users must at all times use the Service in a diligent, legal, non-fraudulent, correct and proper manner, in compliance with moral correctness, best practices and public order; only the User, and not GoDaddy, is responsible for the use made of the Service and the consequences arising from the failure to comply with its Terms. Accordingly, the User shall NOT:
- Infringe any applicable local, national or international law or regulation.
- Infringe the legitimate rights of any third party, to include any intellectual property rights.
- Act in a manner deemed defamatory, slanderous, threatening or coercive or otherwise provide any obscene (to include child pornography), offensive, false, inaccurate or misleading content or information.
- Introduce any computer viruses, trojans, malfunctioning (bugs), time bombs, cancelbots, etc.
- Contain any kind of publicity on products and services not related to GoDaddy.
- Knowingly, intentionally or negligently cause damage to the Service or any other User of the Service or third party or to do anything that could bring liability to GoDaddy or any third party (including other Users).
- Collect or use in any manner the personal data of any other User of the Service.
- Alter or modify any part of the Service.
- Copy or distribute any part of the Service by any means.
- Manipulate any security function of the Service.
- Use the Service for any commercial purpose.
- Incorporate any links that may prejudice GoDaddy, other Users or third parties in any way.
Description of the Service
GoDaddy offers, free of charge, this Service as a platform for exchanging innovations, ideas, solutions, designs, as well as any other content related with the world of ideas (hereinafter, “Content”), simply acting as intermediaries and enabling communication between those who offer the Content and those who request or consult them. In addition to this, GoDaddy shall offer other services and contents related with this exchange, such as, by way of example, the organization and categorization of the Content, the possibility to make comments and vote or the possibility of editing or sharing contents. Furthermore, GoDaddy will be able to edit the Content provided for the sole purpose of promotion and publicity of the Service.
GoDaddy does not exercise any control, nor does it have the means for exercising control, amongst others, regarding the quality, originality, authenticity, legality, security or validity of the Content and other Users’ contributions, nor their veracity or accuracy. Likewise, because the Service is offered as just a mere communication platform between Users, GoDaddy shall not be responsible for the use made of the Content by any individual or legal entity, or for the suitability or for the results derived. GoDaddy likewise does not exercise any control over the content and the information that the Users provide about themselves through the Service, including information regarding their legal capacity and identity, which may be considered itself to some as offensive, indecent, inaccurate or misleading.
The User warrants that it is the sole and exclusive owner, or that it has the proper license and permission, of the rights inherent in the Contents during the term it utilizes the Service. By accepting these Terms, and for the sole purpose of GoDaddy being able to provide the Service, the User grants GoDaddy, a non-exclusive, worldwide, royalty-free, transferable license to the Contents (including, but not limited to, texts, photographs, graphics, video and audio therein) that are necessary for providing and utilizing the Service as intended. GoDaddy reserves the right to use the Contents provided by all the Users for the purpose of promoting the Service via any medium it deems appropriate. The User also grants to other Users of the Service a non-exclusive, worldwide, royalty-free license to the Contents (including, but not limited to, texts, photographs, graphics, video and audio therein) for the limited purpose of allowing other Users to access, share, comment, make suggestions, etc. re the Content in accordance with and as contemplated under these Terms.
Any License hereunder will be terminated within a reasonable term after the User removes its submitted Content from the Service, except that User acknowledges and accepts that GoDaddy cannot control Content that has been removed or shared outside of the Service and that GoDaddy will be allowed to keep a copy of the Content removed on its servers for its own internal purposes.
Intellectual Property Rights
The Service is provided to you under license, and is not sold to you. The Users shall always be the holders of the rights regarding the Contents they submit (subject to licenses required and described in “Licenses” clause below). Only the User shall be responsible for the Contents it provides. GoDaddy does not enforce any control over the Contents submitted by the Users.
You agree that the Service contains proprietary information and material that is owned by GoDaddy and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or any Content in any manner, and you shall not exploit the Service or any Content in any unauthorized manner. All copyrights in and to the Service (including the compilation of Content, postings, links to other Internet resources, and descriptions of those resources) are owned by GoDaddy, who reserve all rights therein in law and equity. THE USE OF THE SERVICE, EXCEPT FOR USE AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND MAY INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF GODADDY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
GoDaddy trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of GoDaddy Operating Company, LLC in the U.S. and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Waivers and Limitation of Liability
BY USING THE SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD GODADDY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY GODADDY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM GODADDY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF GODADDY’S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GODADDY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. GODADDY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GODADDY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GODADDY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF GODADDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable Law and Venue
These Terms and any disputes arising hereunder relating to the Service will be governed by the laws of the State of Arizona, USA and the state and federal courts of Maricopa County, Arizona, USA will have exclusive jurisdiction over such matters.
Copyright and/or Trademark Claims
GoDaddy supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to GoDaddy’s Trademark/Copyright Infringement Policy.
Please contact GoDaddy at firstname.lastname@example.org, or by any other means made available, to report any infringement of these Terms.