Last updated: December, 19, 2017
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, or using Flauntly (the “Application”). This EULA is a legal agreement concerning the Application between you, as either an individual or a single business entity, and Dumbwaiter Design LLC (“Dumbwaiter Design”), creator and owner of the Application.
By clicking the “I Agree” button, or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not use the Application.
Dumbwaiter Design grants you a revocable, non-exclusive, non-transferable, limited license to use the Application strictly in accordance with the terms of this Agreement, which apply whether or not you publish your User Content. In order use the Application, you must be a registered user. To register, you need to be 18 years or older. You must provide true, accurate and complete registration information; and if such information changes, you must promptly update the registration information. Becoming a registered user will entitle you to a Basic plan. You also will have the option, at any time, to upgrade to a Premium plan, which provides additional features that the Basic plan does not include. In all instances, Dumbwaiter Design is not selling services to you; rather, you are being granted a limited license to use the Application.
You agree not to, and you will not permit others to: a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Content Rights and Restrictions
You retain ownership of all User Content (“Content”) that you post using the Application. However, Dumbwaiter Design reserves the right at all times, in its sole discretion, to review Content submitted by licensees and to require you to remove any Content you have posted that in Dumbwaiter Design’s judgment violates the EULA or is otherwise unacceptable or inappropriate, whether for legal or any other reasons. You are solely responsible for creating backup copies of and replacing your Content at your sole cost and expense. If you remove any Content from the Application, Dumbwaiter Design may retain the Content for a commercially reasonable period of time for backup, archival or audit purposes.
Software Product Support
Dumbwaiter Design is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Application will be corrected.
Feedback from Licensee
It is expressly understood, acknowledged and agreed that you may provide to Dumbwaiter Design reasonable suggestions, comments and feedback regarding the Application, including usability, bug reports and test results, with respect to Application testing (collectively, “Feedback”). In addition, you grant Dumbwaiter Design the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid up rights to make, use, copy, modify, sell, distribute, sublicense and create derivative works based on the Feedback as part of any Dumbwaiter Design product, technology, service, specification or other documentation. In addition, your grant of these rights also allows Dumbwaiter Design to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Dumbwaiter Design product; and solely with respect to your copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and to sublicense to third parties any claims of any patents owned or licensable by you that are necessarily infringed by a third-party product, technology or service that uses, interfaces, interoperates or communicates with the Feedback or portion thereof incorporated into a Dumbwaiter Design product, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Dumbwaiter Design to comply with any additional obligations with respect to any Dumbwaiter Design products that incorporate any Feedback.
You agree that, unless otherwise specifically provided herein or agreed to by Dumbwaiter Design in writing, the Application and the Documentation provided to you constitute confidential proprietary information of Dumbwaiter Design. You shall permit only authorized users to use the Application or to view the Documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Dumbwaiter Design. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Application provided to you by Dumbwaiter Design. You will use your best efforts to cooperate with and assist Dumbwaiter Design in identifying and preventing any unauthorized use, copying, or disclosure of the Application, Documentation, or any portion thereof.
Modifications to Application
Dumbwaiter Design reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
You agree to indemnify and hold harmless Dumbwaiter Design and its officers, directors, employees, members, successors, agents, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: your access to or use of the Application; Content provided by you or through creation or publication of a Flauntly Site and any other use of your Account; any actual or alleged violation or breach by you of this EULA; any actual or alleged breach of any representation, warranty, or covenant that you have made to Dumbwaiter Design; or your acts or omissions. You agree to cooperate fully with Dumbwaiter Design in the defense of any claim that is the subject of your obligations hereunder.
The Application and Documentation are licensed “as is,” and Dumbwaiter Design disclaims any and all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, to the extent authorized by law. Without limitation of the foregoing, Dumbwaiter Design expressly does not warrant that the Application will meet your requirements or that operation of the Application will be uninterrupted or error-free. You assume responsibility for selecting the Application to achieve your intended results, and for the results obtained from your use of the Application. You expressly agree that use of the Application is at your sole risk. The Application covered by this license may contain defects. You are advised to safeguard important Content and data, to use caution and not to rely in any way on the correct functioning or performance of the Application and/or accompanying materials. Without limiting the foregoing and to the fullest extent permitted by law, Dumbwaiter Design and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies disclaim any and all warranties including any: warranties that the Application will meet your requirements; warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the Application or Documentation; warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (4) warranties for services or goods received through or advertised on the Application or accessed through the Application; warranties concerning the accuracy or reliability of the results that may be obtained from the use of the Application; warranties that your use of the Application will be secure or uninterrupted; and warranties that errors in the Application will be corrected.
Limitation of Liability
Provision of the Application under this Agreement shall not create any obligation for Dumbwaiter Design to continue to develop, support, repair, offer for sale or in any other way continue to provide or develop the Application either to you or to any other party. In no event shall Dumbwaiter Design or its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or their related companies be liable for indirect, incidental, special, consequential or exemplary damages (even if Dumbwaiter Design has been advised of the possibility of such damages), arising out of, relating to, or in any way connected with the Application or this Agreement. The cumulative liability of Dumbwaiter Design or its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or their related companies to you or any party related to you for any loss or damages arising out of or relating to this Agreement, or use of the Application and Documentation, shall not exceed the total payments received from you by Dumbwaiter Design during the preceding twelve (12) month period. In no event shall Dumbwaiter Design or its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or their related companies be liable for indirect, incidental, special, consequential or exemplary damages (even if Dumbwaiter Design has been advised of the possibility of such damages), arising out of, relating to, or in any way connected with the Application, the Documentation or this Agreement. Your sole remedy for dissatisfaction with the Application is to stop using the Application. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Application or any links on the Application, as well as by reason of any information or advice received through or advertised in connection with the Application or any links on the Application. You agree that any cause of action arising out of, relating to, or in any way connected with the Application or the Agreement must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
Dumbwaiter Design respects your privacy. Any personally identifiable information you submit to the Application is generally used to carry out your requests and respond to your inquiries. Dumbwaiter Design also may use this information to later contact you for a variety of reasons including customer service. You may opt out of receiving future commercial correspondence from Dumbwaiter Design by notifying it in writing via email.
Dumbwaiter Design also may share your personally identifiable information with third-party vendors such as those that process credit card orders on its behalf. Dumbwaiter Design does not store any credit card information. Its vendors agree to use this information, and Dumbwaiter Design shares information with them, only to carry out its requests. Dumbwaiter Design may automatically collect certain non-personally identifiable information from you when you use the Application. Non-personally identifiable information is used in various ways such as to help analyze site traffic and improve Dumbwaiter Design’s services. For these purposes Dumbwaiter Design may share your non-personally identifiable information with third parties.
The Flauntly website and Application may contain links to other sites. Dumbwaiter Design is not responsible for the privacy practices of linked sites. You are strongly encouraged to read the privacy policies of the linked websites as they may contain further terms and conditions that apply to you.
If while using the Application you become aware of confidential information about Dumbwaiter Design or another user, you must not disclose any such confidential information to any other person.
Governing Law and Choice of Forum
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the federal or state courts situated within the Western District of New York. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
Term and Termination
This Agreement shall remain in effect until terminated by you or Dumbwaiter Design.
Dumbwaiter Design may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Dumbwaiter Design, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by notifying Dumbwaiter Design in writing. Upon termination of this Agreement, you shall cease all use of the Application.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
Dumbwaiter Design reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, Dumbwaiter Design will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Dumbwaiter Design’s sole discretion.
If you have any questions about this Agreement, please contact us:
Dumbwaiter Design LLC
45 East Avenue
Rochester, NY 14604