Terms and Conditions

Please read these terms and conditions (“Terms of Use”) carefully - they set out the basis on which you are allowed to use Flava. If you have any questions regarding these terms or the use of Flava, please feel free to contact us by emailing our customer services team, whose contact details are provided at the end of these Terms of Use. You might want to print a copy for your own records.

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Denis Shchigolev.

Membership

To become a member you must be aged 18 years old or over and by login you confirm, that you are aged 18 years old or over.

You may terminate your membership with us at any time by:

sending an email to support@flava.app.; or
clicking ‘delete accaunt’ in settings on the mobile app, and following the termination steps.

Important: if you are a fee paying subscriber, you will also need to unsubscribe from Flava via your iTunes / AppStore account to ensure your account is fully terminated.

Following your request, we will promptly de-activate your account and your access to Flava will cease. We will delete all content stored in your account and your user details (except where we are required by law to retain such details or need to retain any details for legal reasons). You will lose all purchases, matches and swipes when we terminate your account. Any details that are retained will be archived in a non-active database in accordance with our Data Retention Policy.

Access to Flava

Access to Flava and any information, messages, articles, blogs, mages, photographs, and other content displayed on Flava (“Content”) is permitted in accordance with, and subject to your compliance with, these Terms of Use and in particular our Community Rules. You may only access Flava for individual, personal and non-commercial use.

We may at any time restrict, suspend, or terminate your membership and/or access to Flava with immediate effect if we believe that you may be in breach of these Terms of Use, or any of the other terms and policies referred to in these Terms of Use or otherwise misusing our services in any way by giving written notice to you using the contact details you gave to us, on registration.

Our right to restrict your access or use of Flava may include (but shall not be limited to) limiting the number of your connections and your ability to contact other members through our messaging service.

Availability of Flava

Flava is available on a temporary basis. We update Flava regularly and we may change the Content at any time. We reserve the right to withdraw or amend Flava without notice. We will not be liable to you for any resulting loss or damage (to the extent we are allowed to restrict liability by law) if Flava is unavailable at any time for any period – unless you are a fee paying subscriber in which case we may reimburse you accordingly.

You are responsible for making all arrangements necessary to access Flava.

We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

Reliance on Flava and the Content

We will endeavour to operate Flava and publish the Content using reasonable skill and care and will use reasonable efforts to promptly remedy any fault of which we are aware. This is the full extent of the promises or warranties we give you regarding Flava and the Content.

Flava and all Content are provided on an 'as is' basis, and we do not make any promises or warranties regarding their quality, accuracy, security, timeliness or currency, fitness for purpose, availability, or functionality. In particular we do not take any responsibility for any views or advice contained in the blogs made available on Flava.

Content made available on Flava is for general information purposes only and is not intended to meet your particular requirements. Commentary and other materials posted on Flava (including by other users who may use Flava) are not intended to amount to advice, recommendations or endorsements on which reliance should be placed.

We disclaim all liability and responsibility arising from your use of Flava (including but not limited to loss of reputation, death, bodily harm, emotional distress, domestic distress, breakdown of relationship and/or any other damages resulting from communications or meetings with other members or persons you meet through Flava) and any reliance placed by any visitor to or user of Flava or anyone who may be informed of any of Content, to the fullest extent permitted by law.

You are solely responsible for your interactions with other members. We are not responsible for the conduct of any member. We do not check statements made by our users. We do not run criminal background checks on our members. We make no representations or warranties as to our members’ conduct or their compatibility with any current or future members.

Your Content / User Content

Flava enables you to upload your own content on to Flava or take part in one to one conversations and discussions (“Your Content” or “User Content”).

Because of the nature of Your Content, we cannot guarantee the accuracy or quality of any of Your Content posted on Flava. While we endeavour to enforce the rules set out in these Terms of Use, we cannot fully monitor or moderate all of Your Content published on Flava and some may abuse the messaging service, blogs or otherwise misbehave. Further we are not responsible for the views and advice contained in any of Your Content.

Your Content must comply with the Community Rules as set out below.

If you believe that any User Content published on Flava is untrue, offensive, obscene, unlawful, misleading or otherwise fails to comply with these Terms of Use, you can notify us by emailing us at support@flava.app. Upon receiving any complaints about User Content, we will review the User Content in question and may then decide to remove or edit it.

You take full responsibility for any of Your Content that you or we publish, and agree to be responsible for any claim made against us by any third party in relation to Your Content. You own the intellectual property and other rights in Your Content. However, you give Flava a limited licence to publish Your Content so that Flava may provide the website/app services effectively (e.g. you licence your profile photo to Flava so Flava can place the photo on your profile page).

Intellectual Property

Flava and the Content are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”).

These Rights either belong directly to us or are licensed to us from their respective owners or licensors.

You may only view, download and store on any compatible device, print out, use, quote from and cite Flava and the Content for your own personal, non-commercial use and on the condition that you give appropriate acknowledgment to us where appropriate. Any acknowledgement should include a link to Flava. You may not use Flava or any Content for any purpose other than those set out above.

Your use of the Content is subject to the Community Rules.

Community Rules

As a member of Flava you acknowledge and agree to comply with the rules set out in this section.

You agree that you will:

ensure that any information you post complies with all applicable laws, including, without limitation, privacy laws, obscene publications, intellectual property laws, anti-spam laws, and regulatory requirements;
provide accurate information to us and keep it updated;
use a legitimate AppleID account to sign up, including using your real name;
use a legitimate email account to sign up;
not use terms in your descriptions / profile that are offensive, obscene, pornographic, indecent, malicious, threatening, abusive, depicting harm to humans and animals, defamatory or otherwise unlawful; and
use the services in a professional manner.

You agree that you will not:

act dishonestly or unprofessionally, including posting inappropriate, inaccurate, or objectionable content;
add information that is not intended for, or inaccurate for, a designated field;
use an image that is not your likeness for your profile;
misrepresent your affiliations with a person or entity, past or present;
misrepresent your identity, including but not limited to the use of a pseudonym on your Facebook account;
create a Member profile for anyone other than yourself (a real person);
use or attempt to use another member’s account;
attempt to restrict another user from using or enjoying Flava;
harass, abuse or harm another person;
send spam or other unwelcome communications to others;
scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
interfere with, or disrupt, Flava or any servers or networks connected to Flava, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of Flava is rendered or displayed in a user's browser or device;
act in an unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable manner;
share or disclose information that you do not have the right to share or disclose (such as confidential information of others);
use any Content in any manner that may infringe any of our Rights or the Rights of a third party;
use the Content in any way that might be illegal or breach the Terms of Use; or
collect or store other users’ personal data.

Where posting Your Content, you agree that:

it does not promote discrimination, racism, bestiality, bigotry, hatred or physical harm of any kind against any group or individual, or animal;
it is your own original content and does not (and our publication and use of it will not) infringe or interfere with the Rights of any third party;
you will not add or link to any content that is offensive, obscene, pornographic, indecent, malicious, threatening, abusive, depicting harm to humans and animals, defamatory or otherwise unlawful;
you will not post, link to or otherwise publish content that exploits people in a sexual, violent or otherwise unlawful manner;
you will not post, link to or otherwise publish any content containing any form of advertising or promotion for goods and services or any form of unsolicited communication;
you will not impersonate any person or organisation or represent yourself as any other guest, host or other third party;
you will not post, link to or otherwise publish any content that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of our sites or any computer software or equipment;
you will not post, link to or otherwise publish any content about illegal activities such as
making or buying drugs or illegal weapons;
you will not post, link to or otherwise publish content which contains videos, stills, photographs, audio photographs, or images of another person without their permission; and
you will not interfere or violate a third party’s private life, nor interfere with their private communications.

Your liability to us

You acknowledge that any use by you of Flava or the Content in a manner not expressly permitted by these Terms of Use may mean that you are infringing our Rights and/or the Rights of our third party licensors, or put us in breach of our obligations towards others and we and our licensors reserve all rights and remedies against you in respect of any such infringement.

You shall be responsible for all costs allowable by the Courts that we may be awarded as a result of:

your breach of these Terms of Use; and/or
your unauthorised use of Flava and/or the Content.

The Flava app stores and processes personal data that you have provided to us, in order to provide service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Flava app won’t work properly or at all.

The app does use third party services that declare their own Terms and Conditions.

Link to Terms and Conditions of third party service providers used by the app

You should be aware that there are certain things that Denis Shchigolev will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Denis Shchigolev cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, Denis Shchigolev cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Denis Shchigolev cannot accept responsibility.

With respect to Denis Shchigolev’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Denis Shchigolev accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on iOS – the requirements for system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Denis Shchigolev does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Purchases.

If you made a purchase using your Apple ID, refunds are handled by Apple, not Tinder. To request a refund, go to the App Store, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 2023-07-13.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at support@flava.app