Terms & Conditions

“TmFlare” refers to the online brand protection platform operated by Marquesa Search Systems Ltd, trading as TmFlare. References to “we”, “us”, and “our” in these Terms & Conditions refer to Marquesa Search Systems Ltd.

The following terms and conditions (these “Terms”) govern your use of the tmflare.com website and all related domains, webpages, subdomains and subparts (the “Website”). All services available through the Website are provided by Marquesa Search Systems Ltd (“TmFlare”).

The Website and all services, features and content (collectively, the “Services”) are offered subject to your acceptance, without modification, of all of the terms and conditions contained in these Terms and any other operating rules, policies and procedures that we may publish from time to time on the Website (collectively, the “Agreement”).

By accessing or using any part of the Website or Services, you agree to become bound by the Agreement. If you do not agree to all of the terms and conditions of the Agreement, you may not access the Website or use any of the Services.

TmFlare provides a brand protection platform. Payments are transacted through Stripe (“Facilitated Payment Mode” or “FPM”).

1. Modification of These Terms

TmFlare reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website or Services following the posting of any changes to these Terms constitutes acceptance of those changes.

If any change to these Terms is not acceptable to you, you must cease accessing the Website and using the Services.

2. Conduct

2.1 Your Use of the Services

TmFlare grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services solely for the purposes of brand protection in respect of the licence holder’s own trademarks and domains, in each case in compliance with the Agreement and all applicable laws.

You must not:

Reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying structure of all or any part of the Services.
Remove or alter any proprietary notices or labels on or in the Services or Website content.
Engage in any activity that interferes with or disrupts the Services or our infrastructure, or engage in any fraudulent activity or activity that facilitates fraud.
Data mine, scrape or otherwise extract data from the Website or Services except through the interfaces we provide and authorise.
Inline link, frame, iframe or otherwise embed the Website or Services in any other website or application without our prior written consent.
Use the Services to monitor, track or interfere with the rights of third parties where you do not have a lawful basis or appropriate authority to do so.

2.2 Your Registration Obligations

By registering an account on the Website you agree to provide true, accurate, current and complete information about yourself as prompted by the Website registration form (the “Registration Data”), and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services.

2.3 Your Account Security

By registering an account on the Website, you are responsible for maintaining the security and confidentiality of your account and credentials. You are responsible for all activities that occur under your account, including, without limitation, all actions by sub-users with access to your account.

You agree to immediately notify TmFlare of any unauthorised use of your account or any other breach of security. TmFlare will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorised access to or use of your account.

3. Content

3.1 Your Content

If you post, upload or otherwise make available any links, videos, audio files, photographs, graphics, data or computer software (“Content”) via the Website or Services, you remain the owner of your Content, but you grant TmFlare a non-exclusive, worldwide, royalty-free, transferable, sublicensable licence to use, reproduce, adapt, modify, distribute, translate and publish your Content for the purposes of operating, providing, promoting and improving the Services and fulfilling our obligations under the Agreement.

You are entirely responsible for your Content and any harm resulting from it. By making your Content available through the Services, you agree that you will not:

Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, pornographic, tortious, defamatory, vulgar, obscene, libellous, racist, discriminatory or invasive of another person’s privacy.
Make available any Content that infringes any patent, trademark, copyright, trade secret or other intellectual property or proprietary rights of any individual or organisation.
Upload, post, email, transmit or install any malicious software or code, including but not limited to worms, malware, spyware, Trojan horses or other destructive or harmful content.
Interfere with or disrupt the Services or the servers or networks connected to the Services.
Use an account name or profile that misleads your customers or potential customers into believing that you are another person or company.

TmFlare will not be liable for any loss, damage or harm resulting from the posting or use of your Content. TmFlare reserves the right, in its sole discretion, to refuse or remove any Content that, in TmFlare’s reasonable opinion, violates any TmFlare policy or is in any way harmful or objectionable. TmFlare also reserves the right to terminate or deny access to the Website or Services to any individual or organisation for any reason in TmFlare’s sole discretion, subject to applicable law.

3.2 Site Content

TmFlare has not reviewed, and cannot review, all of the material posted to the Website. TmFlare does not represent or imply that it endorses any material posted to the Website. You are responsible for taking the necessary precautions to protect yourself and your computer systems from malicious software, including worms, malware, spyware, Trojan horses and other destructive or harmful content.

The Website may contain content that is unlawful, harmful, threatening, abusive, harassing, pornographic, tortious, defamatory, vulgar, obscene, libellous, racist, discriminatory or invasive of another person’s privacy as well as technical inaccuracies, typographical mistakes and other errors. The Website may also contain material that infringes any patent, trademark, copyright, trade secret or other intellectual property or proprietary rights of any individual or organisation.

TmFlare has not reviewed and cannot review material included on third party websites that are linked to or from the Website. TmFlare does not have any control over material made available on websites other than the Website and is not responsible for their content or practices.

TmFlare accepts no responsibility for any harm, loss or damage as a result of Content posted to the Website, made available through the Services or made available on third party websites.

3.3 Personal Data

You are responsible for ensuring that your use of the Services and your handling of any personal data complies with applicable data protection laws, including (where applicable) the UK GDPR and EU GDPR. TmFlare accepts no responsibility for any harm, loss or damage as a result of you, or any other user, breaching applicable data protection laws.

Our processing of personal data as a controller is described in our Privacy Notice, which is available on the Website.

4. Payment

Payments for the Services are processed via Stripe or other third party facilitated payment providers (each, a “FPM”). When using an FPM, you effect the applicable monetary payment transaction through the FPM service and are bound by the applicable terms of use and privacy policy governing that FPM service.

TmFlare is not a party to the agreement between you and any FPM and accepts no responsibility for any harm, loss or damage arising out of or in connection with your use of any FPM, except to the extent that such exclusion is not permitted by law.

5. Termination

TmFlare may, in its sole discretion and without liability, suspend or terminate your access to your account or to any part of the Services at any time, with or without cause and with or without notice, subject to applicable law.

TmFlare may remove and discard any or all of your Content within the Services at any time and for any reason or no reason, including if you breach the Agreement.

If you wish to terminate the Agreement, you may do so by closing your account (where that option is available to you) and ceasing all use of the Website and Services.

All provisions of these Terms which by their nature should survive termination of your right to use the Services shall survive termination, including, without limitation, ownership provisions, payment obligations (if any), warranty disclaimers, indemnities and limitations of liability.

6. Service Modifications

TmFlare reserves the right at any time, and from time to time, to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or for no reason, with or without notice.

You agree that TmFlare shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services, except to the extent that such exclusion is not permitted by law.

7. Intellectual Property

The Agreement does not transfer from TmFlare to you any TmFlare or any third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with TmFlare or its licensors.

You may not copy, reproduce, modify, distribute, sell, lease, transmit, publicly display, publicly perform, publish, adapt or create derivative works from any part of the Website or Services except as expressly permitted by the Agreement or applicable law.

8. Trademarks

“TMFLARE” and “TM FLARE” are registered trademarks of TmFlare. Other trademarks, service marks, graphics and logos used in connection with the Website or Services may be the trademarks of TmFlare or third parties.

Your use of the Website and Services grants you no right or licence to reproduce or otherwise use any TmFlare or third party trademarks.

9. Disclaimer of Warranties

The Website and all Services are provided “as is” and “as available”. TmFlare hereby disclaims all warranties of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

TmFlare does not warrant that the Website or Services will be error-free, free from viruses or other harmful components, or that access to the Services will be continuous or uninterrupted. You obtain content or services through the Website at your own discretion and risk.

Nothing in these Terms shall affect any statutory rights that you cannot contractually waive or limit under applicable law.

10. Limitation of Liability

To the maximum extent permitted by law, TmFlare and its suppliers or licensors shall not be liable with respect to any subject matter of the Agreement, whether under contract, negligence, strict liability or other legal or equitable theory, for:

Any special, indirect, incidental, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses.
The cost of procurement of substitute products or services, or for any interruption or discontinuance of use, or loss or corruption of data.
Any matters beyond TmFlare’s reasonable control.
Your Content or any content of any other users of the Services.

In no event shall TmFlare’s aggregate liability arising out of or in connection with the Agreement or the Services exceed the greater of (a) the amount paid by you to TmFlare for the Services during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred (100) GBP, except where a higher limit is required by applicable law.

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. In such jurisdictions, the above limitations shall apply only to the extent permitted by law.

11. Indemnity

You agree to defend, indemnify and hold harmless TmFlare and its affiliates, suppliers, contractors, licensors and their respective directors, officers, employees and agents from and against all claims, demands, damages, losses, costs, liabilities and expenses (including reasonable legal and accounting fees) arising out of or in connection with:

Your use of the Website or Services.
Your Content.
Your breach of the Agreement.
Your violation of any law or the rights (including intellectual property or privacy rights) of any third party.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation, except where applicable law does not permit such choice.

13. General

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

You may not assign or transfer any of your rights or obligations under the Agreement without our prior written consent. We may assign or transfer our rights and obligations under the Agreement freely.

The Agreement constitutes the entire agreement between you and TmFlare concerning your use of the Website and Services and supersedes all prior or contemporaneous agreements, communications and proposals (whether oral or written) between you and TmFlare with respect to the Website and Services.

TmFlare reserves the right to modify these Terms at any time. Changes will be made available on this page.