Last updated: 14 Feb 2023
Introduction
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 cover how we collect, use, share, and store your personal information.
Services
This Contract applies to Flare.guide and any other products and services provided by Flare Hub (“Services”).
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.
Members and Visitors
Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both Members and Visitors.
Obligations
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. If you act on behalf of an entity, you warrant that you are authorized to act on behalf of such entity.
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.
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 up to date. You agree to follow our instructions on the content and meet the deadlines given by us or Collection/Site owners.
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.
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).
Rights and Limits
Possible dispute over account ownership
If there is a dispute between two or more persons or entities as to account ownership, Flare Hub will be the sole arbiter of that dispute and Flare Hub’s decision (which may include termination or suspension of the account) will be final and binding on those parties.
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:
- By joining a Flare Collection/Site, you give the Flare Collection/Site owner and us the permission to keep your details on the site until the Collection/Site site has been removed (unless there is a logical reason to remove the details earlier already).
- Flare.guide can allow other users to embed content onto third-party services.
- We may use general information (such as the company name and/or logo) related to Flare Listings and Flare Collections/Sites in our marketing of the Services pursuant to good business practices.
- 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.
- 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 Collections/Sites, 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.
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.
Intellectual Property Rights
We reserve all of our intellectual property rights in the Services. Using the Services does not give you any ownership of our Services or the content or information made available through our Services.
Your Flare Site name
We may provide you with the right to use a subfolder within the Services (e.g. flare.guide/your-site-name) for a given Flare Collection/Site, Flare Listing or other purpose. All such subfolders are the sole property of Flare Hub and we reserve the right to determine the appearance, design, functionality and all other aspects of such subfolders. In the event we provide you with a subfolder, your right to use such subfolder will continue only for so long as the content in question is actively visible on the Services and you are in compliance with the Contract. If we terminate your right to use a subfolder for any other reason, we will provide you with a new subfolder.
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.
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”.
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. If you have created a Flare Collection/Site for your event, we promise to store or keep showing the event and its content until the event has passed and 30 days after that. In regards to other Flare Collections/Sites, we will give minimum 30 days notice prior to discontinuing the service.
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.
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.
Additional obligations, rights and limits for a Flare Collection/Site owner
You may use the Services to set up a Flare Collection/Site subject to the terms and conditions of this Contract and any policies of Flare Hub as in force from time to time as posted on the website of the Services at flare.guide. By using the Services, you acknowledge, represent and warrant that you have reviewed and accepted this Contract.
Flare Hub only provides the Services for the purpose of enabling you to set up the Flare Collection/Site which uses Flare.guide URL. We do not operate your Flare Collection/Site in any way and do not assume any responsibility or liability for any business and activities carried out regarding your Flare Collection/Site. You are responsible for determining the contents and marketing of your Flare Collection/Site. You agree not to use the Services in a way that harms or may harm the reputation of Flare Hub and/or Flare.guide, or which may endanger the provision of the Services to other parties. Such activities include, but are not limited to, any unauthorized load testing, security testing or any other use of the Services that causes an unreasonable load on the resources used by Flare Hub to provide the Services.
You are responsible for providing the required terms as well as legally mandated documents (including privacy policy) applicable (e.g. if the Flare Collection/Site has been created for an event). You shall ensure that these terms and documents are available to the end-users and you are responsible for ensuring that such terms and conditions comply with all applicable laws, rules and regulations and the terms and conditions of this Contract at all times.
You warrant to us that you and your affiliates will obtain all applicable licenses, permits, and authorizations (e.g. any licenses or permits required to organize an event you advertise on Flare.guide). You are responsible for any content created for or posted on the Flare Collection/Site and understand that Flare Hub does not control such content. We reserve the right to remove any and all content from the Flare Collection/Site or temporarily suspend the Flare Collection/Site when such removal or suspension is necessary to remove content that is not compliant with the terms and conditions of this Contract.
To the extent a customer inputs personal data into the Services and you get access to this data, you acknowledge that you act as a Data Controller. You are responsible for ensuring that this personal data is collected and processed in accordance with all applicable laws.
Fees and Payment Terms
Fees may be applicable to the use of the Services. Any fees chargeable for the use of the Services shall be agreed separately between Flare Hub and the Flare Collection/Site owner and shall be based on the price lists of Services as in force from time to time. Flare Collection or Site owners ultimately determine whether and how these fees will be passed along to possible other parties creating listings for the Collection/Site.
All listed fees are net amounts exclusive of VAT and the Flare Collection/Site owner is solely liable for any such taxes. For invoices sent separately, the payment term is fourteen (14) days net from the date of the invoice.
Flare Hub reserves the right to change its price lists. However, these price changes never apply to already purchased Services. If annual or monthly payments apply, price changes will be reported at least with 30 days notice.
Interest to late payments shall accrue in accordance with the Interest Act (20.8.1982/633, as amended). Flare Hub reserves the right to suspend the provision of the Services due to any payments that remain unpaid after fourteen (14) days from the payment date of the invoice until such due amounts have been paid in full.
Disclaimer and Limit of Liability
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.
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 Flare Collection/Site mentioned in the claims, and b) the fee you have paid us for your listings in a Flare Collection/Site mentioned in the claims.
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 Collections/Sites with their content are stored and showed online according to the section “Availability of Services” (unless a Flare Collection/Site owner 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;
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.
If the termination applies to a Flare Collection/Site:
Please consider also the following
- Any offerings subject to fees may be terminated by you by informing us of such termination in writing;
- Any amounts owed by either party prior to termination remain owed after termination;
- We shall have the right to remove your Flare Collection/Site from the Services;
- We will keep the Flare Collection/Site data for a period of thirty (30) days, during which time you may request that we make such material available to you. After such thirty (30) days’ period, we shall have the right to delete such material without any liability. We shall have the right to invoice you any reasonable expenses incurred by us as a result of making the material available to you.
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.
Changes to the Contract
We may modify this Contract, our Privacy Policy and our Cookies Policy 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.
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.
Our failure to enforce any part of this Contract will not constitute a waiver of our right to later enforce that or any other part of this Contract. If any provision of this Contract is found to be unenforceable, that part will be limited to the minimum extent necessary the other provisions of this Contract remain in full force and effect.
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.