END USER LICENSE AGREEMENT

Last updated 06/10/2021

Flair is licensed to You (End-User) by Flair Dapp, LLC, located at 380 N Gould St, Sheridan, Wyoming 82801, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading the Application from the Apple AppStore or Google Play Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Apple and Google are not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Flair Dapp, LLC, not Apple nor Google, is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service and Play Store Terms of Service. Flair Dapp, LLC acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You, are reserved.

1. THE APPLICATION

Flair (hereinafter: Application) is a piece of software used for engaging in video competitions powered by blockchain technology.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1  You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any compatible Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service and Google Play Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2  This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3  You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions and Google Terms and Conditions, and with Flair Dapp, LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.4  You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Flair Dapp, LLC's prior written consent).

2.5  You may not copy (except when expressly authorized by this license and the Usage Rules), or alter the Application, or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store or Google Play Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.6  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7  Licensor reserves the right to modify the terms and conditions of licensing.

2.8  Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1  Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical  specifications mentioned above.

3.3  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1  The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this licensed Application.

4.2  Flair Dapp, LLC and the End-User acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy.

6. LIABILITY

6.1  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the device to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to the licensed Application.

7. WARRANTY

7.1  Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

7.2  No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Flair Dapp, LLC's sphere of influence that affect the executability of the Application.

7.3  You are required to inspect the Application immediately after installing it and notify Flair Dapp, LLC about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.

7.4  If we confirm that the Application is defective, Flair Dapp, LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

7.5  In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.  

7.6  If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

 

8. PRODUCT CLAIMS

Flair Dapp, LLC and the End-User acknowledge that Flair Dapp, LLC, and not Apple nor Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and  

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.   

9. LEGAL COMPLIANCE

You represent and warrant that 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 that You are not listed on any U.S. Government list of prohibited or restricted parties.

10. CONTACT INFORMATION                  

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

__________

380 N Gould St, Sheridan, WY 82801, USA

Sheridan, WY 82801

United States

info@flair.fun

11. TERMINATION

The license is valid until terminated by Flair Dapp, LLC or by You. Your rights under this license will terminate automatically and without notice from Flair Dapp, LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Flair Dapp, LLC represents and warrants that Flair Dapp, LLC will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

13. INTELLECTUAL PROPERTY RIGHTS

Flair Dapp, LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Flair Dapp, LLC, and not Apple nor Google, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

14. APPLICABLE LAW

This license agreement is governed by the laws of the State of Wyoming excluding its conflicts of law rules.

15. MISCELLANEOUS

15.1  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

15.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

16. FLAIR - CONTEST RULES

The following are the official Contest Rules for the Flair - Video Competitions dapp, by Flair Dapp, Inc.:

16.1 VIDEO SUBMISSIONS

Videos must be 60 seconds or shorter in length, unedited, continuous, non-manipulated footage, shot with the in-app camera function, and must not contain any special effects, nor graphical enhancements. Attempting to submit a manipulated video, or submitting a video by using the in-app camera to capture another video’s playback, may result in disqualification and forfeiture of your contest entry, regardless of the number of votes received. Multiple infractions may result in the user’s account being deactivated, and forfeiture of any prize funds in their account.

There is currently only one category in which to enter, labeled ‘Flair,’ which serves as an all-inclusive, miscellaneous category for submissions. Flair Dapp will expand the number and types of categories based on the types and quantities of videos being received, and by incorporating popular suggestions requested by users.

Each category currently has two different entry levels: the Free Entry Level that pays out $100 each and every day, and the paid, $10 Entry Level that can pay out up to $1,000! (Prize amounts depend on the number of entries submitted, except for the ‘Free Entry Level’ prize of $100, which is always a fixed $100). 

Videos should be entered in the Category that best fits the subject matter of the submission, giving it the best chance to be judged fairly by voters. 

Video submissions of an indecent or pornographic nature, or videos depicting illegal activity, or videos deemed inappropriate by Flair Dapp, LLC may, at our discretion, result in the user’s immediate deactivation and forfeiture of any entry fees or contest winnings. Flair has a zero tolerance policy when it comes to objectionable content or abusive users.

16.2 CONTEST TIMING & DURATIONS

16.2.1 Contest Periods

In order to make the competition fair to all entrants, contests are split into 2 phases: the Entry Period, and the Voting Period. This affords a competitor who has entered the contest at the last minute the same “exposure” or opportunity to accumulate votes, as a user who entered the contest much earlier in the process. 

16.2.2 Paid Contests Duration

A contest will “open” for voting once 24 hours have lapsed from the receipt of the first entry. The number of entries in any single contest is limited to 100. If any single contest receives 100 entries (becomes “full”), another contest of the same Category and Entry Fee Level will automatically open to begin receiving the additional entries.

16.2.3 Free Contests Duration

The Free Entry Level ($100 Prize-Level) contest has a fixed 24-hour Entry Period, followed by a fixed 24-hour Voting Period and recurs daily.

16.3 VOTING

Users can only cast one vote per contest. Any suspected manipulation of votes, or attempt to create multiple accounts for the purpose of casting multiple votes for any contest, will be deemed as vote manipulation (cheating) and will result in immediate deactivation of the user’s account(s), and forfeiture of any prize winnings being held in that (those) account(s).

16.4 PAYOUTS 

Prize Payouts are calculated by taking the sum of all contest entry fees collected for a given contest, less Flair’s administrative fee (4-6%), and dividing the remaining pool of funds amongst the top three winners, based on the number of votes a particular entry received in that specific contest during that contest’s Voting Period. The Prize Pool will be split as follows: 1st Place = 70% of the total prize pool, 2nd Place = 20% of the total prize pool, and 3rd Place = 10% of the total prize pool. The Free-to-Enter, $100 Prize Level contest is not split amongst multiple winners, and is awarded to the single winner with the most votes at the end of the Contest Voting Period.

16.5 INDEMNIFICATION

Flair Dapp is in no way affiliated with Apple, Inc. Apple does not sponsor, nor support Flair Dapp. Flair Dapp, LLC indemnifies Apple, the App Store, Apple Connect, and the Apple Developer Program from any responsibility or liability regarding Flair Dapp, LLC, or the Flair - Video Competitions app.