Terms & Conditions

Welcome to Flaunter, which is run by Flaunter Pty Ltd (ACN 164 455 878) (Flaunterweus or our). By using the Flaunter website, blog or application (Site), you confirm you accept these Terms of Use and agree to be bound by them.

We may, on notice to you, change these Terms of Use. Your continued use of the Site following any changes indicate your acceptance of the changes.

  1. Services
    1. The Site connects Brands, including companies, distributors and agencies interested in promoting a label or brand (Brands) with Media, including bloggers, publications stylists, retailers, freelance journalists and media outlets (Media). The Site allows:
      1. Brands to upload Brand Materials;
      2. Media to browse, search, download and utilise high quality Brand Materials;
      3. automated reporting and data on Site engagement for Brands; and
      4. automated showroom processes to track samples (Sample Tracking),
  2. (Services).
    1. You must use the Services only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use of the Services.
  3. Account
    1. In order to access the Services, including to upload or download Brand Materials you must set up an account.
    2. You agree and acknowledge that all information you provide us will be true, accurate, current and complete and, if relevant, you are authorised to create an account for anyone other than yourself. We may request evidence of your authority to set up the account.
    3. You are solely responsible for maintaining:
      1. the confidentiality and security of your account and all activities on or through your account; and
      2. any necessary software or technical requirements in order to allow your use of the Services.
    4. You must notify us immediately of any unauthorised use of your account. We are not liable for any loss or damage arising in connection with any unauthorised use of your account.
    5. You may cancel your account (or, if you have a Brand account, your subscription package subject to clause 6.3), for any reason on 14 days’ notice to us by contacting us at acccounts@flaunter.com.
    6. If:
      1. you have a Brand account, you acknowledge and agree any Brand Materials already downloaded or in use will continue to be used on these Terms of Use; and
      2. you have a Media account, your licence to use the Site will expire on cancellation. Any Brand Materials downloaded prior to cancellation may continue to be used on these Terms of Use.
    7. We may not approve account set up, disable, suspend or cancel your account if you fail to comply with your obligations under these Terms of Use or if we suspect there is unauthorised use of your account (as determined by us acting reasonably).
  4. Brands
    1. This clause 3 applies if you have a Brand account.
    2. You are responsible for all your content that you submit, post or display on your account, including data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials (Brand Materials).
    3. You must not submit, post or display any Brand Materials that:
      1. you do not have permission, right or license to use, upload and permit use as contemplated by these Terms of Use;
      2. is objectionable, offensive, unlawful, deceptive or harmful; or
      3. is illegal, fraudulent, or manipulative.
    4. We may remove or ask you to remove Brand Materials which are inappropriate, which we deem (in our sole discretion) not to be of a high quality or which are in breach of these Terms of Use without notice.
    5. You acknowledge and agree:
      1. you must not feature Brand Materials in the Sample Tracking if physical samples (Samples) are not available;
      2. you must only have one profile per brand/label (Brand Profile), although you can maintain multiple Brand Profiles on one account in accordance with the subscription package you select;
      3. your name and contact details will be shared on your account page;
      4. you are responsible for updating all account settings; and
      5. all Brand Material uploaded in the form of imagery must be at least 300dpi and all other materials must be of a high quality.
    6. You indemnify us from and against all claims, liability, loss, damage, expenses and costs (including reasonable legal costs) arising from or in connection with any breach of these Terms of Use by you and any claim that the Brand Materials are unlawful or infringes the intellectual property rights of any person.
  5. Media
    1. This clause 4 applies if you have a Media account.
    2. If you have a Media account, you acknowledge and agree:
      1. you must not make unauthorised use of, or modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute Brand Materials in any way except as expressly provided for on the Site or with the prior written consent of the Brand;
      2. you must look after, maintain and securely store all Samples obtained through the Sample Tracking function and return these Samples to Brands as requested; and
      3. all Brand Materials must be credited to the Brand or an author designated by the Brand as owners of the content, and we must be credited as the source of the Brand Materials.
    3. Upon our request you agree to cease use of and remove from publication (as far as reasonably practicable) any Brand Materials used in breach of these Terms of Use.
    4. You indemnify us from and against all claims, liability, loss, damage, expenses and costs (including reasonable legal costs) arising from or in connection with any breach of these Terms of Use by you and any claim that your use of the Brand Materials (other than use approved by these Terms of Use) infringes the intellectual property rights of any person.
  6. Licence
    1. If you have a Media account, you are granted a nonexclusive, non-sublicensable, and non-transferable, worldwide licence to use, adapt, digitally perform, transmit, create derivative works and reproduce the Brand Materials, for editorial purposes only in both digital and physical formats solely to the extent stated in these Terms of Use, and subject to your compliance with these Terms of Use.
    2. If you have a Media account, you must not:
      1. sublicense, sell, assign or otherwise transfer or attempt to do so all or part of your rights under these Terms of Use;
      2. use Brand Material for the direct or indirect promotion of alcoholic beverages, tobacco, gambling, weapons or explosives;
      3. use Brand Material for any pornographic, defamatory or otherwise unlawful use, whether directly or in context or juxtaposition with other material or subject matter;
      4. incorporate Brand Material into a logo trade mark or service mark, without obtaining the prior written consent of the applicable Brand.
  7. Brand fees
    1. This clause 6 applies if you have a Brand account.
    2. If you are a new user, we will give you access to a free trail account at no cost for a period of 14 days from the date you set up the account (Trial Period). At the expiry of the Trial Period, you must notify us if you would like to continue using the Services or we will delete your account.
    3. On your election of a subscription package on your account, you acknowledge and agree:
      1. you must pay us the fee set out in the applicable package and ensure we have current and valid credit card details at all times;
      2. we will charge your credit card on a monthly or yearly basis (as per your election) and you authorise us to direct debit your nominated credit card for the purpose of paying your bill;
      3. if the transaction does not successfully process, we will notify you and allow you an additional 14 days to make payment. If you fail to pay at the expiry of the additional period, we reserve the right to charge interest on overdue amounts at the rate of 2% per month and/or suspend your account until all overdue amounts are paid;
      4. on 30 days’ notice to you, we may increase the fees and/or vary a subscription package for any reason which will apply on your next renewal;
      5. your account will automatically renew, unless you give us notice 14 days prior to the end of the current account term of your wish to terminate, upgrade or downgrade; and
      6. all fees paid are non-refundable.
    4. Unless otherwise expressly stated, all fees, prices or other sums payable or consideration to be provided under these Terms of Use are exclusive of GST. If GST applies to a supply by any party under these Terms of Use, the consideration will be increased by an amount equal to the GST liability incurred by the party making the supply.
  8. Site
    1. You understand and agree that your use of the Site and your access to the Services is provided “as is” and “as available”. We do not represent or warrant that the operation of the Site will be secure, confidential, uninterrupted, error-free, accurate, complete or current.
    2. We retain the right to limit your use of the Site, including by limiting the number of Brand Materials you upload or download.
    3. We update and carry out maintenance on the Site regularly, so we may have to suspend access, service or functionality on the Site from time to time, without notice. We will not be liable if, for any reason, the Site (including Sample Tracking) is not available at any time or for any period of time.
    4. In using the Site, you must not:
      1. distribute Brand Materials that you do not have permission to publish;
      2. post commercial advertisements or links to other websites;
      3. provide us with inaccurate or incomplete information or impersonate any person;
      4. distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
      5. collect or store personal data about other users of this Site, other than as authorised by us; or
      6. engage in any other conduct that inhibits any other person from using or enjoying this Site.
  9. Confidentiality 
  10. Both parties must keep all confidential information confidential and use such information for the sole purpose of performing the obligations under these Terms of Use.
  11. Intellectual Property
    1. We own, or are the licensee of, the intellectual property rights in the content of the Services, including text, photos, graphic designs, Flaunter trade marks/logos and images.
    2. You retain all the rights in and to the content that is submitted or posted by you on or through the Services.
    3. By setting up an account, you:
      1. consent to us disclosing content posted by you on or through the Services (including personal information) with our suppliers; and
      2. grant us a nonexclusive, non-sublicensable, non-transferable, perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to use, adapt, digitally perform, transmit, create derivative works and reproduce the Brand Materials for:
        1. the purpose of supplying the Services;
        2. marketing, promotions and advertising; and
        3. personal, educational or any non-commercial use,
  12. in both digital and physical format, including by posting on our blog.
  13. Feedback
    1. We welcome and encourage you to notify us of your feedback, comments and suggestions for improvements to the Services at support@flaunter.com.
    2. You acknowledge and agree that all feedback you give us will be our sole and exclusive property and you agree to assign to us all of your right, title, and interest in and to all feedback (including intellectual property rights) in the feedback, and waive any moral rights you may have in such feedback.
  14. Data 
  15. You acknowledge and agree:
    1. we may collect aggregated information about your activities, including web requests Internet Protocol (IP) addresses, browser types, referring/exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages and pages viewed; and
    2. we may collect details of how you use the Services, including search queries, the types of content you view or engage with or the frequency and duration of your activities.
  16. Liability 
    1. You acknowledge we have no control over the conduct or other users of the Site;
    2. We are not liable for any loss or damage, however it arises, whether in contract, statute or tort (including negligence), arising out of, or in connection with:
      1. any content that is incorrect, inaccurate or incomplete. If you rely on any such content, you do so at your sole risk and you are responsible for any independent verification of the content;
      2. third party sites or resources. The Services may contain links to third party sites and resources and we have no control over those sites.
    3. Our liability for breach of a statutory guarantee which cannot be excluded by law is limited, at our option, to either the supply of the services (or equivalent services) again or the payment of the cost of having the services supplied again.
    4. To the extent permitted by law:
      1. we exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with the Services or in connection with any act or omission by us (negligent or otherwise); and
      2. our aggregate liability in connection with these Terms of Use, whether based on warranty, contract, statute, tort (including negligence) or otherwise, will not exceed the greater of $100 or the fees paid by you to us (if applicable) in the month preceding the claim.
  17. General terms
    1. Notices required to be given under these Terms of Use may be sent by email at support@flaunter.com, by post or in the case of notices we give you, by making the information available through the Services.
    2. Any warranty, indemnity, or obligation of confidentiality in these Terms of Use will survive termination. Any other term which by its nature is intended to survive termination of these Terms of Use survives termination of these Terms of Use.
    3. These Terms of Use set out the entire agreement between you and us relating to the supply of the goods and/or services described on the Site and supersedes all prior discussions and communications.
    4. There is no relationship of employment, partnership, agency or fiduciaries between you and us.
    5. If any term or provision of these Terms of Use are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.
    6. This agreement is governed by and construed under the laws of New South Wales, Australia and the courts of that jurisdiction will have exclusive jurisdiction over any dispute arising out of this agreement.

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