Terms of service

The use of this glorious website and purchase of Flaviar Membership and other goods and services through this website is conditional upon your acceptance of these rather officious yet necessary Terms of Service. Please read on.

INTRODUCTION

Flaviar, Inc.
This website is operated by Flaviar, Inc., a corporation formed under the laws of the state of Delaware. Throughout the site, the terms “Flaviar”, “we”, “us” and “our” refer to Flaviar, Inc. Our registered office is on 244 Fifth Avenue, Suite F247, New York, NY 10001. Our main trading address is the same.

Services
Flaviar offers this website, including all information, tools and services (our “Services”) available from this site to you, the user. The use of Services is conditioned upon your acceptance of all terms and conditions included in this document (the “Terms of Service” or just “Terms” for short) and the other documents that we reference below (Privacy Policy, Cookie Policy, Refund Policy and Shipping & Returns). The Terms are a legally binding contract between you and Flaviar and apply to all users of the site, including without limitation users who are visitors, browsers, vendors, customers, members, merchants, and/or contributors of content.

If you do not agree to all the Terms of Service of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service.

Your Status
By using this site, you affirm and/or acknowledge the following:

YOU ARE OF LEGAL DRINKING AGE IN YOUR RESPECTIVE COUNTRY (21 YEARS OF AGE OR OLDER IN THE US).
The recipient (in case Flaviar is your gift to someone) is of legal drinking age in his country of residence.
You're legally capable of entering into binding contracts.
Your order is intended for personal consumption and not for sampling or resale purposes.

When you register and join Flaviar, you become a free member (“Free Member”), free of charge. If you buy any of our paid Services (“Paid Membership Services”, “Membership”), you become a paying member (“Paying Member” or, simply, “Member”). If you have chosen not to register for our Services, you may access certain features as a visitor (“Visitor”).

As a Visitor, Member or Free Member of our Services, the collection, use and sharing of your personal data is subject to our Privacy Policy, Refund Policy and their updates. Please note that when a person purchases an alcoholic beverage, we introduce you to a licensed retailer in your state. That retailer sets its own policy with regard to returns. We have no ability to change the retailer’s return policy. 

Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We may revise them at any time by amending this page. If we believe that the changes are material, we’ll let you know by posting the changes through the Services or sending you an email about the changes.

You are expected to check this page from time to time to take notice of any changes we made, and decide whether you want to continue using the Services. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Some of the provisions contained in these Terms of Service may also be superseded by provisions or notices published elsewhere on our site.

No change to the Terms of Service shall be valid unless changed in writing and posted on this page.

FLAVIAR ACCOUNT AND REGISTRATION

Registration
You’ll need to create an account with Flaviar to use some of our Services. You must be of legal drinking age in your respective country (or older) to register. Please provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

A person is only allowed to have one account registered with Flaviar. Multiple accounts under single ownership is considered a breach of Terms and will be terminated accordingly. You agree to not transfer any part of your account (e.g., connections). We do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

Flaviar Account is your Responsibility
You’re solely responsible for any activity on your account. You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this Site, you represent you are qualified and authorized to use this Site under the account registered.

Since you agree to be solely responsible and liable for any and all activities that occur under your account, it’s important to keep your account username and password secure.

Personal information
You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account and/or personal information. If you become aware of any unauthorized use of account information, you agree to notify us immediately.

Your submission of personal information through the store is governed by our Privacy Policy. You acknowledge that you have read, understood and will comply with the terms of our Privacy Policy and these Terms of Service.

FLAVIAR MEMBERSHIPS

Buying a Flaviar Membership
We offer yearly and quarterly membership plans ("Membership"). If as a part of your Membership benefits, you select an alcoholic beverage, the product you select must be purchased from a licensed retailer having the right to deliver alcoholic beverages in the state where you seek that delivery be made. We will attempt to introduce you to such a licensed retailer that carries the product you select. We work closely with licensed retailers on the selection of the best products for you, our members. When you use your Flaviar membership benefits, you will need to authorize the issuance and use of a Flaviar gift card for payment to a retail licensee for such purchase.

Members are informed of all the benefits, aspects and workings of the Flaviar Paid Membership prior purchase and then again, in more detail, through subsequent emails sent immediately upon purchase. Every recurring transaction is announced in advance and upon completion via email.

Flaviar Membership will auto-renew at the end of the prepaid period and we will provide adequate notice to yourselves in digital form (email).

Our status
We are responsible for you receiving the desired services and goods to an (at least) acceptable quality. Some Services that are part of Flaviar Memberships may be provided by a network of independent vendors, retailers, manufacturers and other licensed parties (collectively, “Vendors”) that we are partnered with. You acknowledge and agree that Flaviar does not sell, offer to sell, invite to sell, or solicit any offers, provided by such third-party Vendors. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.

Your status
Before offering to buy a Membership you must open an account (“Sign In”) with us (as described under Section “Flaviar account and Registration”) and by doing so you are deemed to have accepted these Terms. If you don't accept these Terms of Service, you will not be able to become a Flaviar Member.

When you select a membership plan at check-out, you agree and acknowledge that your membership has an initial and recurring payment charge at the then-current rate. Each membership plan automatically renews according to the schedule you have selected until you modify or cancel it, or until we terminate it in accordance with these Terms (“Our Right to Cancel Orders” under Section “Shopping on flaviar.com” may also apply to Memberships). Your payment method will be charged on your next refill date. You accept responsibility for all recurring charges prior to cancelation. We reserve the right to change, discontinue, or terminate memberships at our discretion and without notice.

By becoming a Member, you represent that, you authorize us to act on your behalf to engage a common courier to deliver your order where you want it delivered. Flaviar and our affiliates make no representation as to the right of any person to import any product into any country or state. Local taxes and excise duties that might apply are your responsibility.

We advise you to check it with your local authority before using any of our Services. It is on your own initiative and it is your responsibility to be in compliance with all local laws and regulations, if and to the extent they are applicable.  

How the contract is formed between you and Flaviar
On the purchase of Flaviar Membership until cancellation of said Membership.

Cancellation Policy
If you're contracting as a consumer, you may cancel your membership or the purchase of an item other than an alcoholic beverage at any time in accordance with our Refund Policy and receive a refund of the price paid for the Membership in accordance with said policy (see Our Refund Policy). Cancellation requests will in most cases result in Membership renewal prevention and will remain active until the end of the prepaid period. Please note that if you purchase an alcoholic beverage you are purchasing, not from us, but from a licensed retailer. Each such licensed retailer sets its own terms regarding cancellation of orders and returns. While our Customer Service department will attempt to assist you with complaints, we cannot change the cancellation policy or the return policy of any retailer.

To terminate a contract, you must inform us in writing, by email or you do it yourself on our website (log in to your Account and visit the Membership page). This provision does not affect your statutory rights. To avoid being charged, you must cancel your membership at least one full business day prior to your next renewal date. Please note that while online cancellations are effective immediately, cancellation requests received by email may take up to five (5) business days to process.

Complaints need to be placed within 3 months from the moment of the purchase. Complaints at a later date will not be taken into consideration. We remind you that we do not have control over the retailer with whom your order for alcoholic beverages is placed. While we will attempt to assist you, we cannot control any retail licensee.

Purchasing products, title and ownership, indemnification & waiver
Each licensed retailer will only sell and deliver in the state in which it is licensed. Flaviar will seek to convey your request to a licensed retailer. If the retailer accepts the order, the retailer will deliver the product to you or to a common carrier for delivery to you. Flaviar never takes title to the goods. Once purchased, the goods belong to you. Unless you direct that the product remain in storage in that state, Flaviar will transmit your request that the goods be delivered to you at the address you provide. TITLE AND OWNERSHIP OF ALL PRODUCTS AND ALL RISK OF LOSS WILL PASS FROM RETAILER TO YOU AT THE STORE OF THE RETAILER, WITHIN THE STATE IN WHICH THE RETAILER IS LICENSED. It is your sole responsibility to ship or arrange for shipping from that retailer within the state or to the state you have chosen. As per your instructions, Flaviar or retailer may provide service, and act on behalf of you, to arrange for shipping or transportation of any product. You are responsible to know the law of the state in which you live or to which you wish the goods shipped, and by having us or the retailer arrange shipping on your behalf, you are representing that you are acting in compliance with the laws and regulations of your state, county, and municipality that apply to you and the purchase, shipping, transportation and delivery of products, that you have obtained all required permissions, and are working through properly licensed intermediaries where required. You may be required to pay the state and local sales tax associated with a sale and delivery in that state. In any event, you are responsible to pay any sales, use, excise or other tax associated with your purchase. DO NOT PLACE AN ORDER, IF YOU DO NOT WISH TO MAKE REPRESENTATIONS AND WARRANTIES IN THIS PARAGRAPH.

You agree to indemnify us and to hold us harmless against any damages (including attorneys’ fees) resulting from any claim that the goods purchased by you cannot be legally sent into the state in which you live by a person who owns such goods and has purchased them for his or her personal consumption or that you have exceed the amount of goods which may be shipped into the state for personal consumption or that any taxes or duties which may be imposed upon such shipment or consumption have not been paid.

SHOPPING ON FLAVIAR.COM

Relationship between You, Flaviar and Retailer(s)
When you place an order to purchase products using our website, you are not purchasing that product from us. RATHER, YOU ARE PURCHASING PRODUCTS FROM A THIRD PARTY LICENSED TO SELL BEVERAGE ALCOHOL. PLEASE NOTE - WE NEVER TAKE TITLE TO THE PRODUCT.

Marketplace offers
Flaviar also operates a marketplace where we display products from a network of independent Vendors, retailers, manufacturers and other licensed parties. Each product or service listed is not an offer to purchase such product or service but an invitation to make an offer. You acknowledge and agree that Flaviar does not sell, offer to sell, invite to sell, or solicit any offers. IN ALL INSTANCES, ALL SALES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED AND MADE BY VENDORS WHO RECEIVE ALL ORDERS. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. TITLE AND OWNERSHIP OF ALL PRODUCTS AND ALL RISK OF LOSS WILL PASS FROM RETAILER TO YOU AT THE STORE OF THE RETAILER, WITHIN THE STATE IN WHICH THE RETAILER IS LICENSED. It is your sole responsibility to ship or arrange for shipping from that retailer within the state or to the state you have chosen. As per your instructions, Flaviar or retailer may provide service, and act on behalf of you, to arrange for shipping or transportation of any product. You are responsible to know the law of the state in which you live or to which you wish the goods shipped, and by having us or the retailer arrange shipping on your behalf, you are representing that you are acting in compliance with the laws and regulations of your state, county, and municipality that apply to you and the purchase, shipping, transportation and delivery of products, that you have obtained all required permissions, and are working through properly licensed intermediaries where required. You are responsible to pay any state and local excise taxes and use taxes. DO NOT PLACE AN ORDER, IF YOU DO NOT WISH TO MAKE REPRESENTATIONS AND WARRANTIES IN THIS PARAGRAPH.

If you wish to purchase any product or service made available by a Vendor, you may be asked to supply certain information relevant to the purchase including, without limitation, your credit card information, your billing address and your shipping information. You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilized in connection with any transaction. By submitting such information, you grant to Flaviar and to Vendors the right to provide such information to third parties consistent with our Privacy policy and their privacy policies. If you have any questions regarding a Vendor’s privacy policy, please contact us before purchasing a product.

You understand that Flaviar may accept payment from or charge fees to the retail licensee and other parties to transactions in which you are involved as a purchaser. You agree that you have waived any claim of conflict of interest, breach of fiduciary obligation or any other similar claim.

Shipping, Returns and Refund Policy
The prices shown on our website are suggested retail prices based on pricing information received from licensed retailers and may not reflect current prices. The retailer reserves the right to determine final prices of all their products.

Certain products or services may be available in limited quantities, may not be returnable and—if returnable—may be returned or exchanged in accordance with the Refund Policy and Shipping & Returns.

Please note that when you make a purchase offer, we will forward such an offer to a licensed retailer, who may or not accept such offer. The return policy of that licensed retailer and the laws of the state (or country) in which that retailer is licensed, will determine whether the goods may be returned and if so, the applicable return policy.

Products or Services may be limited in availability as to person, geographic region or jurisdiction. You agree that we may exercise the right to limit the services we provide and each licensed retailer has the right to limit the products it is willing to sell on a case-by-case basis. When you ask to purchase an alcoholic beverage, there is no sale unless and until the licensed retailers accepts the offer. We have no control over whether any retailer will accept any request to purchase an alcoholic beverage. We reserve the right to discontinue Services at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

For detailed information, please read our annexed documents - Shipping & Returns and Refund Policy.   Anything herein or therein to the contrary notwithstanding, we reiterate that we do not and cannot set the return policy of any retail licensee.

Our Right to Cancel Orders
We reserve the right to cancel orders at our discretion and at any stage of the order fulfillment process. We will provide a reason and you will be notified of our actions via email within a reasonable period of time, but usually as soon as possible.

We may cancel orders or ask retail licensees to cancel orders that we suspect were placed using incorrect information, misuse of store credit and promotion codes, and other forms of fraud. If that is the case with your order, a Customer Care representative may contact you first by email and give you a reasonable amount of time to respond to our concerns. Another reason your order may not be fulfilled is if a Vendor does not accept your offer. Although an order may be refused by a retail licensee for any reason or no reason, usually it is due to unavailability. Other possible reasons include pricing and inventory errors (we rely on the diligence of our Vendors to keep the store prices up to date). It does not happen often, but just in case, and for these kinds of cases, we don't take any responsibility for damages caused due to longer fulfillment times or inability to deliver items.

PRICES AND PAYMENTS

Pricing Error and Tax
The price payable for Services will be as quoted on our site, except in cases of obvious ‘doh!' error. If there's an obvious pricing error which could have reasonably been recognized by you as a mispricing then we (or in the case of alcoholic beverages the licensed retailers) have the right to cancel any Services in respect of the deal and issue you a refund in respect of the same.

US Sales Tax calculated during the checkout process is an estimation. The final amount of Sales Tax may differ, but the total amount you pay for your order will not be affected.

Payment for all Services may be made by credit or debit card and Apple Pay. We may sometimes pre-authorize your credit card, debit card and/or other methods of payment when you buy a Membership but will only charge your credit or debit card up to 30 days before your Membership Renewal.

Ensuring that any relevant duties or local taxes have been paid remains the sole responsibility of the customer and we will not be liable for any actions undertaken without the appropriate duties having been paid subsequent to the sale.

Prices subject to change
Prices for the Services on the website are subject to change without notice. We reserve the right, at any time, to modify or discontinue the Services (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Accuracy of billing information
You agree to provide current, complete and accurate purchase information for all purchases and offers you place. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilized in connection with any transaction. By submitting such information, you grant to Flaviar and to Vendors the right to provide such information to third parties consistent with our Privacy Policy and their privacy policies. If you have any questions regarding a Vendor's privacy policy, please contact us before purchasing a product.

WEBSITE SERVICES

Service access
While we endeavor to ensure that the website is normally available 24 hours a day, we shall not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Sorry about that.

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or offers if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

Privacy and security
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Pictures and Illustrations 
All pictures shown are for illustrative purposes only. Actual products may vary in, for example, edition or batch.

CREDITS, GIFT CERTIFICATES AND INVITATIONS

Credits
There are a number of ways to gain credits. You can spend credits on all non-recurring transactions: Tasting Boxes, Bottles, shipping costs, and Gifts. Credits expire 5 years after you earn them. Current balance and status of the credits can be reviewed by logging into your Flaviar Account.

Credits and promo codes are only valid if gained and used for the purpose as intended by us. Using them in another way can result in credit removal from your account or any existing offers, canceling an offer, or terminating the user Account. If any such action is taken on our part the customer is notified.

Any misuse of Flaviar's referral mechanism is strictly prohibited and can result in actions as described above, and reporting to the authorities.

Gifts
Unredeemed Gift Vouchers, if unused, expire in 5 years.

Flaviar Referral Program
All participants in the Flaviar Referral Program – the “Referrer(s)” and the “Recipient(s)” of the referral are subject to our general Terms of Service, as well as the following conditions of this Referral Program:

A "Qualified Referral" is defined as the purchase of a new Flaviar Membership by a person (“Recipient”) who arrives at our website by clicking a referral link forwarded by a “Referrer”. You are limited to one Qualified Referral for each Referred Member. Each Member may only hold one Membership Account.

The Referred Member and the Referrer cannot be the same person, for example, by using a different email address. Only Flaviar Members may be Referrers.

For you to earn “Reward(s)” as a Referrer, and for the Recipient to receive their Reward, the Recipient must become a Flaviar Member and remain a Member for the duration of the Membership period covered by the initial Membership fee. If the Recipient’s Membership is canceled before the initial Membership period is over, we will charge them, or withhold from their refund, the Recipient’s Reward and the value of Membership benefits used during their stay in accordance with our Refund Policy. At our sole discretion, if there is evidence of fraudulent activities, we may decide to charge you (the Referrer) or withhold from your refund the Referrer’s Reward.

Rewards will be awarded to the Referrer soon after a Recipient becomes a Flaviar Member. Currently, there is no limit on Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.

The Referral Reward counts as a product “Incentive” to join Flaviar (see our Refund Policy).

You must comply with all current “spam” laws. Your invitations must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or spam is not allowed and will be grounds for immediate termination of your Membership Account and exclusion from the Flaviar Referral Program.

We reserve the right to close the Account(s) of any Referrer and/or Referred Member and to request payment for Rewards received if the Referrer and/or Referred Member attempts to use the Flaviar Referral Program in a questionable manner or breaches these Terms of Service, or is in violation of any law, statute or governmental regulation.

Flaviar reserves the right to cancel the Referral Program or to change these Terms of Service at any time at its sole discretion. Any unclaimed referral Rewards will be forfeited at that time.

The Referral Reward, both for the Referrers and the referral Recipients, is subject to change over time dependent on stock availability, partnership deals etc. Contact us for an update on current Rewards.

INTELLECTUAL PROPERTY

License
If you want to share the content on our site with your friends, we'd be delighted, but please use the sharing tools provided.

You're permitted to print and download extracts from the website for your own non-commercial use on the following basis:

no documents or related graphics on the website are modified in any way;
no graphics on the website are used separately from the corresponding text; and
our copyright and trademark notices and this permission notice appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all material on the website (including without limitation photographs and graphical images) are owned by us or our licensors.

For the purposes of this legal notice, any use of extracts from the website other than in accordance with these Terms for any purpose is prohibited. If you breach any of the Terms in this legal notice, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website.

Subject to these Terms of Service, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these Terms are reserved.

Your comments, feedback and other submissions
Other than personally identifiable information, which is covered under our Privacy Policy, any material (creative ideas, suggestions, proposals, plans, or other materials) you transmit or post to the website, or by email, by postal mail, or otherwise (“Comment” or, collectively, “Comments”) shall be considered non-confidential. By posting Comments through our Services, you grant Flaviar a non-exclusive license to use them. We don’t claim any ownership to your Comments, but we have your permission to use them to help Flaviar function and grow. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Disclaimer of Warranties
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services are at your sole risk. The Services and all products delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

IN NO CASE SHALL FLAVIAR, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF FIDUCIARY OBLIGATION OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE AS LIMITED AS THE LAW PERMITS.

Our liability
Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Membership you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. This does not include or limit in any way our liability:

Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms of Service by us that would entitle you to terminate the contract between us, including but not limited to:

loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise (even if foreseeable).

CODE OF CONDUCT

Prohibited uses
In addition to other prohibitions as set forth in the Terms, you agree that you will not:

Create a false identity on Flaviar, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account. You also agree not to submit any other false or misleading information. You are solely responsible for any information you post and its accuracy. We take no responsibility and assume no liability for any information posted by you or any third-party.
Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission of Flaviar. Use of our products is for personal use only and can not be used for any illegal or unauthorized purpose.
Infringe upon or violate intellectual property rights of Flaviar or the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.
Post or transmit to or from the website any material that's threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience, or which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world.
Post anything that contains software viruses, worms, logic bombs, Trojan horses, harmful components, corrupted data or other malicious software or harmful data.
Spam, phish, pharm, pretext, spider, crawl, or scrape.
Use the site or its content for any unlawful purpose, including to solicit others to perform or participate in any unlawful act. You agree not to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.

A breach or violation of any of the Terms will result in an immediate termination of your account and our Services to you. Moreover, you may be liable to us for any damages resulting from your breach.

We may also take other action as we deem appropriate which may result in immediate, temporary or permanent withdrawal of your right to use our site, removal of any posting or material uploaded by you to our site; issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Right to monitor and remove
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable or violates any other Term set in these Terms of Service. Any unacceptable behavior described herein will not be tolerated. Play nice!

THIRD-PARTY LINKS AND OPTIONAL TOOLS

Third-party links
Certain content, products and services available via our Services may include materials from third-parties. Links to third party websites on the website are provided solely for your convenience. If you use these links, you leave the website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability.

We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

MISCELLANEOUS

Indemnification
You agree to indemnify, defend and hold harmless Flaviar and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Governing law and headings
This agreement and any dispute arising out of it, including separate agreements whereby we provide you Services will be governed by and construed in accordance with the laws of New York. Any dispute or claim arising out of or in connection with this agreement or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of the State of New York.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire agreement, no waiver
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services and by ceasing to use our Site and Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

CONTACT INFORMATION

If you have any questions or comments about these Terms of Service as outlined above, you can contact us at:

Flaviar, Inc.
244 Fifth Avenue, Suite F247
New York, NY 10001, USA
Email: support@flaviar.com

These Terms of Service were last updated in October 2023.

Enough said. Let's have a drink. Cheers.

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