The website available at the address “https://www.flairly.com” (the “Website”) is operated by FLAIRLY LDA (“FLAIRLY”), a public limited company registered with the Portugal Trade and Companies Register, having its registered address at AV. ENG. DUARTE PACHECO, AMOREIRAS, TORRE 2, 12, 1070–102 Lisbon - PORTUGAL, and whose VAT number is PT510016804.
FLAIRLY can be reached at:
Tel.: +351 210 515 938
The Website is owned and operated by FLAIRLY, which offers advertising solutions to monetize mobile and Internet inventory spaces.
The Terms of Use apply to the visitors as well as to the registered affiliates of the Website (collectively referred to as “User(s)” or “You”).
By accessing or using the Website, You agree to these Terms of Use. Read carefully the Terms of Use before using the Website. If you do not agree to these Terms of Use, you should not access or use the Website.
FLAIRLY may amend these Terms of Use at any time and without notice. FLAIRLY encourages You to review these Terms of Use whenever you visit the Website. If there are material changes to the Terms of Use or in how FLAIRLY will use Your personal data, FLAIRLY will notify Users by prominently posting a notice of such changes on its home page. Your continued access or use of the Website after any such changes are published on the Website will constitute Your acceptance of these changes.
These Terms of Use constitute the whole agreement between FLAIRLY and the User (together the “Parties”).
Any persons under the age of eighteen are strictly prohibited from using the Website or signing up for an account with FLAIRLY affiliate program.
The Website is freely accessible to any adult who has an Internet access. All costs relating to the access and use of the Website, whether costs for hardware, software or Internet access, shall be borne exclusively by the Users.
Users are responsible for the proper functioning of their computer equipment and Internet access.
Some sections of the Website may be reserved to Users who have previously created an account and are duly identified with their user name and password.
The username and password (the “Login credentials”) as chosen when creating the account are specific to the User, personal and confidential.
The User is responsible for maintaining the secrecy and security of its Login credentials, and is fully and exclusively responsible for all activities that occur using its Login credentials, regardless of whether such activities are undertaken by the User or a third party. Any use of Login credentials will be deemed to have been made by the User to which they relate or by a person duly authorized by the User.
Users are warned of the inherent insecurity of the use of automatic memory function of Login credentials that their computer system can allow, and therefore assume full responsibility for the use and possible consequences of such a function.
Therefore, FLAIRLY shall in no event be held liable for any consequences resulting from illicit use, fraud or abuse of Login credentials by a third party not expressly authorized by the User to which they relate and which results from the User’s fault or negligence.
In cases of theft or misappropriation of Login credentials, the User shall immediately notify FLAIRLY, by phone or email.
FLAIRLY reserves the right to refuse access to the Website, unilaterally and without prior notice, to any User not respecting the Terms of Use.
FLAIRLY shall not be held liable for the use of any software or hardware selected by the User.
Users may not interfere with the security of, or otherwise abuse, the Website or any system resources, services or networks connected to or accessible through the Website.
Users may only use the Website for lawful purposes.
With the exception of the data mentioned in the provision “Cookies” below, FLAIRLY does not collect personal data other than those You voluntarily provided on the Website via the forms dedicated for this purpose (including, but not limited to, Your name, physical address, phone number, email address, instant messenger address, payment method information, etc.) in order to enter into communication with FLAIRLY.
The personal data collected on the Website are exclusively processed by FLAIRLY accordingly to the amended Law of 2 August 2002 on the protection of individuals with regard to the processing of personal data to communicate with You.
When you have already ordered FLAIRLY’s services or when you have subscribed to FLAIRLY’s newsletters, FLAIRLY may send You marketing emails to inform You of new products or services or other information or offers that may be of interest for You. If you do not wish to receive marketing emails from FLAIRLY, follow the “unsubscribe” instructions included within each email communication or send us an email to abuse@flairly.com.
Personal data are treated as strictly confidential and kept so during the period permitted by applicable law.
Personal data will not be disclosed or sold to third parties, unless with the User’s prior consent or if necessary to meet , or if required by law.
Pursuant to the Law of 2 August 2002 on the protection of individuals with regard to the processing of personal data, each User has the right to (i) access his/her personal data, (ii) ask for a correction where such data is inaccurate or incomplete, and (iii) object to the processing of such data on the basis of compelling legitimate grounds except in cases where legal provisions expressly provide for that processing.
FLAIRLY follows generally accepted security standards to help protect Your personal information. However, no method of transmission over the Internet, or of electronic storage, is 100% secure. Therefore, FLAIRLY cannot guarantee the absolute security of Your personal data.
The Website uses “cookies” and similar tools. “Cookies” are small text files left on the computer used to visit the Website. Cookies collect information such as the browser type, the browser language, the operating system, the IP address, the domain name from which Users accessed the Website, browsing behavior, date and time of visit, pages visited, time spent viewing the Website, number of times the User returns to the Website, and click-stream data.
Some cookies are necessary for the User to benefit from the full functionality of the Website. If the User blocks all cookies, he/she may therefore not reach all areas of the Website. Other cookies are used only to facilitate navigation on the Website, to help personalize and improve User online experience, to offer the best products and services to meet the needs of each User or to analyze traffic.
FLAIRLY does not track any information about Users once they leave the Website.
FLAIRLY may allow unaffiliated third parties, such as advertisers, to serve cookies to Users of the Website.
Users can withdraw their consent to the use of cookies by sending an email to the following address lu@flairly.com or by configuring their browser setting to decline cookies. Please be aware that if You choose to refuse cookies, You may not be able to sign in or use other interactive features of the Website and services that depend on cookies. Disabling cookies may negatively impact Your experience of the Website.
All elements of the Website, including its structure, its graphics, its source or object code and its content (including, but not limited to, texts, graphics, images, photographs, videos, information, logos, icons, buttons, software, audio and other files, databases) are the property of FLAIRLY and may be protected by intellectual property laws, and especially by copyright and trademark laws.
FLAIRLY allows the User to access and use the Website and its contents exclusively for personal purposes. Any professional or commercial use of these elements is strictly prohibited. Users may not create derivative works from or otherwise exploit the elements of the Website in any way.
FLAIRLY reserves all rights on the Website. Access to and use of the Website cannot be considered as an assignment or a license agreement. Consequently, Users are prohibited from using the Website for purposes other than those mentioned above, including reproducing or publicly displaying, modifying, performing extraction or decompilation of all or part of the Website, including in particular its structure, its graphics, its object code or source and its content (including texts, graphics, images, videos, information, logos, icons, buttons, software, audio and other files, databases), without the prior and written express consent of FLAIRLY.
Users may not use metatags or any other hidden text containing the trademark “FLAIRLY” or any other name, trademark, or product or service name of FLAIRLY, without FLAIRLY’s prior written permission.
Any non-authorized use of the Website, in whole or in part, or of any of its components, including FLAIRLY trademark(s), by any process whatsoever, constitutes an infringement punishable by law.
FLAIRLY reserves the right, at any time, without the need to give prior notice to the Users, to interrupt
temporarily the access to all or part of the Website for technical reasons, updating of the present Terms of
Use
or compliance of the Website with any legal or regulatory provisions.
FLAIRLY cannot be held liable for malfunctions or failures of the network or servers or other technical
malfunction beyond its reasonable control that prevent or alter access to all or part of the Website, nor in
the
case of a force majeure event, as defined below.
FLAIRLY can also not be held liable for any software, computer viruses or other destructive, harmful or
disruptive files or programs that may infect or otherwise impact the User use of its computer equipment, or
other property, which may result from User access or use to the Website.
The User’s attention is drawn to Internet limitations and constraints and to the fact that FLAIRLY
cannot therefore guarantee the total security of data exchanges. The User is expected to take all necessary
measures to protect him/herself against unauthorized intrusions within his/her information system, notably
by
securing his/her Internet connection by a password and a security code or by using appropriate anti-virus
software.
Furthermore, the User is informed that functioning of the Website and response times may vary depending on
the
personal settings from his/her computer and his/her connection to the Internet access service. FLAIRLY
assumes
no responsibility in that regard.
Accordingly, FLAIRLY cannot, under no circumstances, be held liable, directly or indirectly, for the malfunction of the Website caused by one or more technical specifications inherent to the Internet, or computer hardware or software used by the User, for any reason whatsoever.
Users assume all responsibility and risk for use of the Website and of its elements, including without limitation the information and content contained herein. The information provided on the Website is for information purposes only and do not in any way constitute advice or a recommendation of any kind.
FLAIRLY updates the information on the Website regularly. However, FLAIRLY cannot guarantee the accuracy or completeness of the information on the Website.
All events of force majeure, as defined by the applicable regulations and case law, constitute a cause for suspension or termination of FLAIRLY’s obligations. FLAIRLY shall have no liability toward the User if it is prevented from or delayed in performing its obligations under these Terms of Use or from carrying on its business if a force majeure event occurs.
FLAIRLY’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision (or part of a provision) of these Terms of Use is found by any court or administrative body
of
competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in
force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it
were
deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial
intention of the Parties.
The Website may contain links or references to other websites, including social networks, belonging to third parties. The inclusion of these links does not imply that FLAIRLY endorses these websites. FLAIRLY does not accept any responsibility for the content of these websites.
Users can make on their personal website, if any, a direct link to the home page of the Website, provided that such personal website, in whole or in part, complies with the law, the public order and morality, and is not likely to prejudice the reputation of FLAIRLY.
The inclusion of such a link on the above conditions may in no way be interpreted as an implicit affiliation agreement or as involving a contract between FLAIRLY and the owner of a third party website.
Framing and In-line linking are strictly prohibited.
In any case, any link made to the Website must be removed if requested by FLAIRLY.
Any hypertext link to the pages of the Website other than its homepage requires the prior written express consent of FLAIRLY.
Computer data generated as a result of access to and use of the Website (the “Connection Data”) may be stored and archived within the limits prescribed by law, by FLAIRLY within its computer system, in conditions that ensure the integrity of such data.
Electronic transmission of Connection Data through the Website is considered by the Parties as evidence of the existence, content, origin, sending, integrity, date and hour, and receiving of the Connection Data; it being agreed that the sending and receipt are deemed to occur at the same time.
Connection data are considered by the Parties as proof of communications between them.
Connection data constitutes documentary evidence within the meaning of Article 1341 of the Portugal Civil Code and has the same probative value as a document created, received or kept in writing on paper.
Therefore, Connection Data may be validly produced as evidence by FLAIRLY and be opposed to the User in connection with any claim or action with the same value as any document created, received or kept in writing on paper, which the User expressly acknowledges.
The User agrees not to contest the admissibility, enforceability or probative value of the Connection Data purely because of their electronic nature. Users may access their Connection Data on request addressed to FLAIRLY by mail or email.
The Terms of Use are governed by, and construed in accordance with, the law of Portugal.
The Parties irrevocably agree the exclusive jurisdiction of the Courts of Portugal-City to settle any dispute or claim that arises out of or in connection with the validity, interpretation and enforcement of the Terms of Use or the access and/or use of the Website.
