BY USING THE FLAUNTME APP, YOU AGREE TO OUR TERMS OF USE & PRIVACY POLICY

APPLICATION LICENSE AGREEMENT

As used in this document, "Flauntme" or the "Company" refers to Flauntme Inc., the company that has developed and offers the Application (as defined below). As used in this document, "Application" means the application offered by the Company that provides access to Flauntme's content, and which is available for downloading where this document is posted and/or which includes a link and/or other mechanism that displays this document. This document is a license agreement ("Agreement") between you and Flauntme that sets forth the terms and conditions for your use of the Application. By using the Application, you agree to be bound by this Agreement. If you cannot or do not agree to comply with this Agreement, then you may not use the Application.

PRIVACY POLICY & OTHER DOCUMENTS

The Application is offered by Flauntme in connection with the Company's operation of the www.flauntme.com website. In addition to the terms of this Agreement, you acknowledge and agree that your use of the Application is also subject to: (a) the terms of use for the Flauntme website, which are available here, and (b) the flauntme.com privacy policy, which is available at here. To the extent that there is any inconsistency or conflict between the flauntme.com terms of use and this Agreement, this Agreement shall control.

FURTHER disclosures about collection and use of data:

Without limiting the general nature of the other disclosures made in this Agreement, you understand that some areas of the Application may access and receive information about your location and your device's location and the Company.

In addition, the Application may also collect certain usage statistics and other data from you and the device (e.g., cell phone, smart phone, tablet) you use to access the Application, including, but not limited to, a phone number (e.g., MDN number), network access identifier (e.g., NAI), unique identifier, associated IP address, version number of the Application, and information about how and how often the Application is being used.

As mentioned above, the data collected is maintained and used by the Company in accordance with the Flauntme.com Privacy Policy, which is available here.

UPGRADES

Within the Application, you may be allowed to access certain subscription features and/or other upgrades which allow you to receive additional content or features via the Application. Each such upgrade is referred to in this Agreement as an "Upgrade", and they are collectively referred to as "Upgrades".

CHARGES

Any subscription or other fees charged by the Company for use of the Application or for any Upgrades are stated in the application or the order path for, as applicable, the application and/or Upgrade. Please note that, in addition, depending on your Internet/data access provider, using or downloading the Application or its Upgrades or features may cause you to incur data or other charges from your provider.

LICENSE; NO MODIFICATIONS

You may only use the Application on a device that you own or control and such right and such right to use the Application shall be limited, non-exclusive, non-sublicenseable and non-transferable. Unless you obtain Flauntme's prior written consent, you agree not to reproduce, distribute, publicly perform, publicly display, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble (or otherwise attempt to derive source code from) the Application. In addition, you may only conduct personal, non-commercial use of the Application and you may not use the Application in any manner that could damage, disable, overburden, or impair Flauntme's systems (e.g., you may not use the Application in an automated manner), nor may you use the Application in any manner that could interfere with any other party's use or enjoyment of the Application or of any other products or services offered by or on behalf of Flauntme.

INTELLECTUAL PROPERTY

The Application is licensed to you, not sold. The content on the Application, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to Flauntme, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Application is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

As between you and Flauntme, you agree and acknowledge that Flauntme owns all rights, title, and interest in and to the Application, including, without limitation, the content made available therein and all Intellectual Property Rights associated with the foregoing. For the purposes of this Agreement, "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and related laws, as well as any other proprietary rights. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. You further agree to not remove, obscure or alter Flauntme's or any third party's copyright notice, patent notice, trademark notice, or other notices affixed to or contained within or accessed in connection with the Application. In addition, you agree not to circumvent, disable or otherwise interfere with security related features of the Application or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Application or the Intellectual Property therein. The Company hereby expressly reserves all rights in and to the Application, the content made available therein and all related Intellectual Property Rights. Without limiting the generality of the foregoing, you acknowledge that Flauntme, Flauntme.com, and each of their associated logos are trademarks of the Company and/or its affiliates or licensors. All rights reserved. All other trademarks appearing on the Application are the property of their respective owners.

The Application may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Application. When you provide User Submissions, you grant to Flauntme, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of Flauntme, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to Flauntme, may result in account suspension or termination.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in this Agreement and any access granted to others. If you delete a User Submission from the Application, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on the Application will not automatically delete your User Submissions. We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in this Agreement, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You represent and warrant that you have all rights necessary to grant to Flauntme the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

DISCLAIMER OF WARRANTIES

FOR THE PURPOSES HEREOF, THE PHRASE "INDEMNIFIED PARTIES" MEANS FLAUNTME INC. AND ITS PRESENT, FORMER AND FUTURE PARENTS, ULTIMATE PARENTS, SUBSIDIARIES AND RELATED AND AFFILIATED ENTITIES, AS WELL AS THE PRESENT, FORMER AND FUTURE AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARTNERS, VENDORS, INSURERS, PREDECESSORS, SUCCESSORS, ASSIGNS AND ATTORNEYS OF THE FOREGOING.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES PROVIDE THE APPLICATION AND UPGRADES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE APPLICATION "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" AND WITHOUT ANY EXPRESS, IMPLIED OR OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. THE INDEMNIFIED PARTIES DO NOT WARRANT THAT THE APPLICATION OR UPGRADES, ANY OF THE APPLICATION'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATION, UPGRADES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOR CLARITY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE INDEMNIFIED PARTIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APPLICATION, UPGRADES, AND ANY OF THE FUNCTIONS OR ANY CONTENT CONTAINED THEREIN.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION AND UPGRADES IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ALL DAMAGE AND HARM THAT RESULTS FROM OR IN CONNECTION WITH YOUR USE OF THE APPLICATION AND/OR UPGRADES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR DEVICE(S) AND ANY LOSS OF DATA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES SHALL NOT BE RESPONSIBLE FOR, AND HEREBY EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR, ALL DAMAGES, HARM AND OTHER LOSSES ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, ANY UPGRADES OR THE USE THEREOF.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT FLAUNTME LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE APPLICATION AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE APPLICATION, ANY UPGRADES, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE APPLICATION OR THE UPGRADES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FLAUNTME OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE APPLICATION, ANY UPGRADES OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE APPLICATION OR ANY UPGRADES, EVEN IF FORESEEABLE OR EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE APPLICATION OR ANY UPGRADES). IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE INDEMNIFIED PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE INDEMNIFIED PARTIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE APPLICATION OR UPGRADES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE APPLICATION, UPGRADES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION, UPGRADES OR THE CONTENT.

INDEMNIFICATION

To the maximum extent provided by applicable law, you agree to defend (at the Company's election), indemnify and hold harmless each Indemnified Party from and against all claims (including, but not limited to, claims for copyright infringement, defamation, invasion of privacy and infringement of rights of publicity, whether in tort, in contract or otherwise), damages and expenses (including, but not limited to, attorneys' fees, court costs, judgments and settlements costs) that any Indemnified Party may incur or become subject to by reason of or arising out of the breach of this Agreement and/or your use of the Application.

CHANGES TO AND DISCONTINUANCE OF APPLICATION

You agree that to the maximum extent permitted by applicable law, the Company may at any time in its sole discretion, change, suspend or discontinue the Application or any aspect thereof, including the availability of any feature or content, without liability on the part of the Company and without prejudice to any legal or equitable remedies available to the Company. In addition, the Company reserves the right to make changes, modifications, amendments and updates to this Agreement from time to time and for any reason, by posting such changes in this document, which you can access at any time within the Application. You acknowledge and agree that you shall be responsible for reviewing this Agreement from time to time for changes, and that changes to this Agreement shall be effective when posted. By continuing to use the Application after the Company has posted any such changes in this Agreement, you are agreeing to be bound by all of this Agreement, as amended.

INJUNCTIVE RELIEF

You acknowledge and agree that any violation of this Agreement relating to the disclosure, use, copying, distribution, display or publishing of the information or content of the Application or any Upgrades, or relating to the use of the Application or any Upgrades, may result in irreparable injury and damage to the Company that may not be adequately compensable in money damages, and for which the Company will have no adequate remedy at law. You, therefore, consent and agree that the Company may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with this Agreement. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.

THIRD PARTY DEVICE AND SERVICES

The Application may operate on or in connection with various products and services provided by various third parties, such as third party handsets (e.g., cell phones and smart phones), tablet devices, televisions, set top devices and other devices, and third party-provided Internet/ data access services. Without limiting the generality of the foregoing disclaimers and limitations of liability, you acknowledge that the Company does not control such third parties or their products or services and that the Company shall not be responsible for such third parties or their products or services.

CONTACT US

Any questions or issues related to the Application should be reported by email to: info@flauntme.com.

TERMS RELATED TO APPLE

The following terms shall apply to the extent you use any Apple device (e.g., iPhone). You acknowledge that this Agreement is concluded between you and Flauntme, and not with Apple, and that Apple does not have any responsibility for the Application or the content thereof. You acknowledge that Apple shall not have any obligation whatsoever to furnish any maintenance or support services with respect to the Application. Without limiting the Disclaimers and Limitations of Liability set forth above, to the maximum extent permitted by applicable law, Apple (i) will have no warranty obligations whatsoever with respect to the Application; (ii) is not responsible for addressing any claims relating to the Application or your possession or use thereof; (iii) in the event of any third party claim that the Application or your possession or use thereof infringes that third party's intellectual property rights, will not have any responsibility for such claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple, and Apple's subsidiaries, are third party beneficiaries of this document, and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted he right) to enforce this Agreement against you.

MISCELLANEOUS

This Agreement shall be governed by the internal substantive laws of the state of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from this Agreement or the Application shall be decided exclusively by a court of competent jurisdiction located in the State of Delaware.

Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. The Application may contain links to third party websites that are not owned or controlled by Flauntme. Flauntme has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Flauntme will not and cannot censor or edit the content of any third-party site. By using the Application, you expressly relieve Flauntme from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Application and to read the terms and conditions and privacy policy of each other website that you visit.

Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and Flauntme.

The Company may freely assign either or both the Company's rights or obligations (in whole or in part) under this Agreement without notice. This Agreement shall be binding on and inure to the benefit of the successors and permitted assigns of the Company. You may not assign, transfer or delegate any of your rights or obligations under this Agreement, whether by operation of law or otherwise, and any such purported assignment, transfer or delegation shall be void ab initio.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. The Company's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. A waiver by the Company of any right hereunder in any one instance shall not be deemed as a waiver of such right in any subsequent instance.

Third-party online publishers that refer users to the Application shall not be responsible or liable for the Application or any of the content, software, or functions made available on, or accessed through, or sent from, the Application.

Flauntme reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. If you continue to use the Application after we change this Agreement, you accept all changes. The failure of Flauntme to comply with any provision of this Agreement due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of this Agreement.

Last updated on: April 28th, 2016