These are the terms relating to the use of:
- The iFlipd website and web application at www.iflipd.com and app.iflipd.com.
- The website and web application is operated by Backflip Technologies Inc(“iFlipd” “we,” or “us”).
1. Access to our service
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Service.
2. Use of our service
You may never use another member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are responsible for securing the confidentiality of your password and are not allowed to share or give your password to anyone else. We may cancel your account if you share your password. We, and our associates, reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You must notify iFlipd immediately of any breach of security or unauthorized use of your account. Although iFlipd will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of iFlipd or others due to such unauthorized use.
You may change the settings on your accountpage to control your member profile and how other members communicate with you. By providing iFlipd your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including rental notices and push notifications. If you do not want to receive such email messages, you may opt out by changing the preferences in your Settings.
- (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the iFlipd servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
- (c) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- (d) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- (e) uploading invalid data, viruses, worms, or other software agents through the Service;
- (f) collecting or harvesting any personally identifiable information, including account names and email addresses, from the Service;
- (g) using the Service for any commercial solicitation purposes;
- (h) using any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent,
- (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- (j) interfering with the proper working of the Service; or,
- (k) bypassing the measures we may use to prevent or restrict access to the Service
The Service is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at iFlipd’s sole discretion. iFlipd reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that iFlipd will not be liable to you for any interruption of the Service, delay or failure to perform.
You are solely responsible for your interactions with other iFlipd Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. iFlipd shall have no liability for your interactions with other Users, or for any User’s action or inaction.
3. User content
Some areas of the Service may allow Users to post reviews, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “Post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You agree not to Post User Content that:
- (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- (b) may create a risk of any other loss or damage to any person or proper
- (c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- (d) may constitute or contribute to a crime or tort;
- (e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- (f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or
- (g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- (h) contains any information or content that you know is not correct and current.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. iFlipd reserves the right, but is not obligated, to reject and/or remove any User Content that iFlipd believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other guild or rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
iFlipd takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. iFlipd is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that iFlipd shall not be liable for any damages you allege to incur as a result of such User Content. iFlipd may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.
4. License grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant to iFlipd and its assignees a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to grant and authorize sublicenses of the foregoing for any purpose at the sole discretion of iFlipd.
5. Our Proprietary rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, metadata, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “iFlipd Content”), and all Intellectual Property Rights related therein and thereto, are the exclusive property of iFlipd and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the iFlipd Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
If you are thirteen (13) years of age or older, you are authorized to register for, use, and access the Service. If you are under the age of thirteen (13), you are authorized to register for, use, and access the Service only if your member account is linked to a parent’s or guardian’s member account. Further, if you are under 18 years of age, you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
7. Paid services
Certain aspects of the iFlipd Service may be provided for a fee or other charge. These fees and charges, if any, are described on the Site, and in the event you elect to use paid aspects of the iFlipd Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted at the website. iFlipd may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any and all payments and transactions made by you with respect to the Service are final. If technical problems prevent or unreasonably delay delivery of the Service, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by iFlipd. From time to time, iFlipd may refuse a refund request if iFlipd finds evidence of fraud, refund abuse, or other manipulative behavior that entitles iFlipd to a corresponding counterclaim. In addition, iFlipd expressly reserves the right to invoke any action against you, including the right to hire debt collection agencies, for failure to pay for the Service as prescribed by this Agreement and/or by iFlipd from time to time.
iFlipd has entered into a partner program with GoFundMe, Inc. (“GFM”) for iFlipd to promote GFM services in connection with the Service. When a User creates an iFlipd account, a User has the ability to create a GFM campaign to fund the purchase of iFlipd selected products. The User understands and agrees that if the User creates a GFM account through iFlipd, the User agrees that iFlipd is permitted to share the User’s identifying and personal information with GFM in order to adequately set up the User’s GFM account. When a User’s GFM campaign begins to generate funds, said funds will be transferred directly the User’s GFM account in iFlipd platform (the “Account”). It is understood and agreed to by the User that the funds in the Account are non-redeemable for cash, and can only be used as credit to purchase iFlipd selected products. Additionally, said funds are non-transferable
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. DMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify iFlipd’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- (b) Identification of the copyrighted work that you claim has been infringed;
- (c) Identification of the material that is claimed to be infringing and where it is located on the Service;
- (d) Information reasonably sufficient to permit iFlipd to contact you, such as your address, telephone number, and, e-mail address;
- (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
- (g) The above information must be submitted to the following DMCA Agent:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying iFlipd and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with iFlipd’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, iFlipd has adopted a policy of terminating, in appropriate circumstances and at iFlipd’s sole discretion, members who are deemed to be repeat infringers. iFlipd may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
12. Additional representations and warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Your User Content and iFlipd’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
13. Third-party websites, advertisers or services
Additionally, your dealings with or participation in promotions of advertisers found on iFlipd, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that iFlipd shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless iFlipd and its subsidiaries, agents, managers, licensees and assigns, and other affiliated companies, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and court costs) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
15. No warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, OR NONE-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IFLIPD, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
IFLIPD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IFLIPD SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IFLIPD WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
16. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IFLIPD, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS ASSINGS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL IFLIPD BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IFLIPD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL IFLIPD, ITS AFFILIATES, DIRECTORS, EMPLOYEES, ASSIGNS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO IFLIPD HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iFlipd without restriction.
Governing Law. You agree that: (i) the Service shall be deemed solely based in Oregon; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over iFlipd, either specific or general, in jurisdictions other than Oregon. This Agreement shall be governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. Any claim or dispute between you and iFlipd that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Portland, Oregon, unless submitted to arbitration as set forth in the following paragraph.
Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notification Procedures. iFlipd may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by iFlipd in our sole discretion. iFlipd reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Entire Agreement/Severability. This Agreement, together with any other terms you agree to in connection with your use of the Service, shall constitute the entire agreement between you and iFlipd concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and iFlipd’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us with any questions regarding this Agreement.