If you submit any content (whether via the platform or by email or other means), the Rules for the Submission of Content (“Submission Rules”) will also apply.
The word “Terms” includes:
A. These Platform Terms
B. The Submission Rules
The Terms are a legal agreement between you (the user) and Flare Studio. Flare Studio is the trading name of Turbella Limited, a company registered in England under number 10363883, with its registered office at 85 Strand, 5th Floor, London, WC2R 0DW, England, and its trading address at Bankside 3 90-100 Southwark Street, London, England, SE1 0SW (“ we”/“ us”/” our”), which governs your use of the Flare Studio platform (“ the platform”), including the submission by you of any content.
We permit you to use the platform only in the ways set out in these Terms. If we change these Terms, we will notify you when you next log in. You may be required to read and accept the new Terms to continue using the platform.
- Permission to use the platform
- We grant you a personal, non-exclusive, non-transferable, revocable, right to use the platform and all content, functionality and features on it (the “Materials”) for your own lawful, non-commercial use, provided always that such use is subject to, and in accordance with, these Terms. The platform and the Materials are made available to you on a limited licence basis, and we and/or the applicable licensors reserve all other rights.
- To use the platform, you will need to register an account. You must provide true, accurate, current and complete information about yourself when signing up for an account. Your access to your account will then be controlled by username and password, which are personal to you and must not be used by anyone else for any purpose in connection with the platform. You must not do anything that would assist anyone who is not registered to access your account.
- You may close your account by emailing a request to email@example.com. If you close your account, any content you have posted to the platform will still be visible to others on the platform, and we may continue to display and use such content in accordance with these Terms.
- If you do not comply with these Terms, we may suspend or revoke your access to your account and/or take such other action we deem appropriate, without prejudice to any other rights or remedies we may have.
- Access to the platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or part of the platform without notice. We will not be liable to you if for any reason the platform is unavailable at any time or for any period. We do not guarantee that the platform or the Materials will always be available or be uninterrupted. 1.6 You shall compensate us, and keep us and our respective directors, officers, employees and third parties fully protected, in respect of all claims, liabilities, costs, damages and expenses (including reasonable legal fees) incurred by us arising out of and/or related to or in connection with your content, and/or any breach by you of any of these Terms, including any use of the platform other than in accordance with these Terms.
- Except as set out in these Terms, or as permitted by any local law, you agree (a) not to copy the platform or any part of the platform; (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the platform, or undertake any form of commercial exploitation of the platform; (c) not to make alterations to, or modifications of, the whole or any part of the platform, or permit the platform or any part of it to be combined with, or become incorporated in, any programmes; (d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the platform or attempt to do any such thing; (e) not to use the platform in any unlawful manner, or act fraudulently or maliciously, for example, by hacking into, uploading or inserting malicious code, including viruses, or harmful data, into the platform or any operating system.
- You agree that you will not use the platform in any way that is (a) defamatory of any other person; (b) is obscene or offensive, (c) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (d) infringes any copyright or other right of any other person; (e) is likely to harass, upset, embarrass, alarm or annoy any other person; (f) is likely to disrupt our service in any way; or (g) advocates, promotes or assists in any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Content and Take Down
- The Submission Rules set out important information about how any content you submit to the platform may be used. Please read them carefully.
- We may monitor, edit or remove any content for violation of the letter or spirit of these Terms, or for any other lawful reason. However, we have no obligation to look for, edit or remove any content for any reason including, without limitation, violation of these Terms. We reserve the right to remove any content at any time for any reason, at our absolute discretion.
- We are not liable for any content available on the platform, and any views expressed in any content are the views of users of the platform and do not represent our views, opinions, beliefs or values.
- Where you have a good reason to believe that any content is in breach of these Terms (including without limitation the Submission Rules), infringes your rights, or is otherwise illegal, you should notify us by email to firstname.lastname@example.org with the subject title “Report as Inappropriate”.
- Where we receive notification that content does not comply with these Terms, we will try to investigate promptly. Whilst we are investigating, we reserve the right to remove the affected content immediately from the platform.
- If you wish to take down any of your content from the platform at any time, you should notify us by emailing us at email@example.com setting out details of the content you wish to be taken down and where it can be found (“Notified Content”). We will try to respond promptly and to take down the Notified Content from the platform. Please note that once you have posted content, it may be shared and reposted by users on other websites (such as social media channels). Given the nature of the internet and social media channels, if your content has been posted elsewhere online, other users may have shared, commented on, or re-posted your content. Whilst we will try to take down any Notified Content from the platform, we cannot guarantee that the Notified Content will be taken down from other websites or platforms, and you agree that you shall not hold the us, our employees, officers, agents and contractors responsible or liable for any use of your content by third parties either during or after the Usage Period.
- You acknowledge that the platform is provided “as is” and on an “as available” basis, and (to the extent permitted by law) is provided without any guarantee, conditions or warranties.
- TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU WITH RESPECT TO USE OF THE PLATFORM (INCLUDING WITHOUT LIMITATION PARTICIPATION IN ANY COMPETITION CONDUCTED VIA THE PLATFORM AND/OR ANY PAYMENT OR AWARD) AND/OR BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF OPPORTUNITY OR LOSS, THEFT OR CORRUPTION OF YOUR INFORMATION, THE INABILITY TO USE THE PLATFORM, OR DEVICE FAILURE OR MALFUNCTION. WE SHALL NOT BE LIABLE EVEN IF WE HAVE BEEN ADVISED, ARE, OR SHOULD OTHERWISE REASONABLY HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORISED USE, DELAY IN OPERATION OR TRANSMISSION, CONNECTIVITY FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR ANY OTHER HARM.
- In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall our liability arising under or in connection with these Terms and your use of the platform exceed £100.
- Nothing in these Terms shall exclude or in any way limit our liability for death or personal injury caused by our negligence or fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
- These Terms set out the full extent of our obligations and liabilities in respect of the platform; in particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these terms. Any condition, warranty, representation or other term concerning the supply of the platform which might otherwise be implied into, or incorporated in, these Terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
- In order to use the platform (and register an account), you may be asked to provide personal information about yourself, including your full name, occupation/role, skills and experience, address, country of residence, date of birth, social profiles, phone number, email address, website and online showreel.
- To use the platform, you will need to register an account. To use the platform, you will need to register an account. To use the platform, you will need to register an account.
- We may terminate these Terms immediately at any time by written notice to you. We offer no guarantee that the platform will be available in the future.
- Upon termination for any reason all rights granted to you under these Terms shall terminate immediately and you must immediately stop using the platform.
- The Terms are personal to you and us (unless permitted by us) and may not be enforced by any third party, whether pursuant to the Contracts (rights of Third Parties) Act 1999 or otherwise.
- You may not transfer, assign, charge or otherwise dispose of your rights or obligations arising under or in relation to these Terms. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights or obligations arising under these Terms at any time.
- If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These Terms shall be governed by in accordance with the law of England and Wales and the English courts shall have jurisdiction over any dispute arising under or in connection with these Terms.