Flare® Audio Ltd (“Flare® / Flare® Audio”) really appreciates the support and loyalty of social media users and we reach out to them to ask for their permission in featuring our favourite images and content on our various sites, social channels, and various promotional materials.

You are reading this because Flare® Audio has requested your agreement and permission to use your social media content.

If you decide to consent to us using your social media content (“User Content”) by replying with the hashtag #FlarePhoto, you are agreeing to these Terms of Use.

We are pleased to see Flare® Audio as a part of your page and look forward to seeing any new photos you post too! 

Flare® Audio appoints a small number of service providers to enable us to gather and publish user generated content to the Flare® Audio websites (www.flareaudio.com and others), social media channels and promotional materials of User Content, including photos, text, graphics, audio, video, comments and other materials from social media sites, for use by Flare® Audio in connection with its business, including Flare® Audios products, marketing, promotional, advertising and other consumer-related activities. 

You are affirming that you alone created or own the User Content and no one else has any rights to it or could claim they own it or that it infringes on rights of others. If there are people in the User Content other than yourself, you are also affirming they are over 18 and they know you are giving us permission to use the User Content, and have consented to it being used by Flare® Audio pursuant to this license.

Flare® Audio Ltd reserves the right to alter these Terms of Use without advance notice by posting an updated Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorisation to feature your User Content. 

USER CONTENT LICENSE

You grant Flare® Audio a non-exclusive, global, unlimited, and royalty-free perpetual right and license to use your User Generated Content in connection with our advertising, publicity, promotional and marketing activities, including, those directed to the public and existing and prospective customers on this and other social media channels, websites, newsletters, and emails or other media formats and channels now known or hereafter created and without the requirement of permission from or payment to you or any other person or entity.

You hereby grant to Flare® Audio and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sub-licensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.

The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content.

 You are giving Flare® Audio and its affiliates a non-exclusive license to use the User Content which can’t be revoked by you except where permitted by law. Flare® Audio and its affiliates will have the right to reproduce the User Content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in perpetuity in any medium now known or later developed and without restriction or limitation.

(iii) you are 18 years of age or older, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

ADDITIONAL TERMS

These Terms of Use apply to the, Flare® Audio and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on any of the Flare® Audio sites or social media sites , you also will be subject to additional terms of use, agreements, guidelines or rules provided by Flare® Audio applicable to such Flare® Audio and User Content, including but not limited to those set forth on the Flare® Audio website at https://www.flareaudio.com/pages/refund-and-returns-policy, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by Flare® Audio.

You certify that you are at least 18 years of age.

MISCELLANEOUS

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Flare® Audio’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

You agree that if Flare® Audio does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Flare® Audio has the benefit of under any applicable law), this will not be taken to be a formal waiver of Flare® Audio’s rights and that those rights or remedies will still be available to Flare® Audio.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

Last updated: January 2019

IP Policy

Policy on notification of alleged intellectual property (“IP”) infringements

Flare® Audio respects the intellectual property rights of others and expects its users to do the same.

It is Flare® Audio’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

Flare® Audio will respond to claims of IP infringement committed using the Flare® Audio website and (the "Site") that are reported to Flare® Audio UC following this IP Policy.

If you are an IP owner, or are authorised to act on behalf of one, please report alleged IP infringements taking place on or through the Site by completing the following Notice of Alleged Infringement and delivering it to Flare® Audio UC as described below.

Upon receipt of the Notice as described below, Flare® Audio will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

Notice of Alleged Infringement ("Notice")

Identify the specific protected work that you claim has been infringed, or - if multiple works are covered by this Notice - you may provide a representative list of the works that you claim have been infringed.

Identify the material that you claim is infringing (or to be the subject of infringing activity) and that you believe should be removed or access to which should to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.

Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the identified material is not authorised by the IP owner, its agent, or the law (e.g., as a fair use).”

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorised to act on behalf of the owner, of the IP rights that are allegedly infringed."

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Flare® Audio:

 

Flare® Audio
Notice of Alleged Infringement
Unit 11 Chartwell Business Centre
42 Chartwell Rd
Lancing
BN15 8FB

 

info@flareaudio.com