1. Using our Services.
You may use our Services only if you can form a binding contract with Flipmass, and only in compliance with these Terms and all applicable laws. When you create your Flipmass account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you are under the age of 18 or the age of majority as that is defined in your jurisdiction, you must use the Services under the supervision of a parent or legal guardian. If you open an account on behalf of a company, organization, or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
2. Our License to You.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.
4. Your Account and User Content.
We claim no ownership or control over any content you submit, publish, or display using our Services ("Your Content"). We do not represent or guarantee the truthfulness, accuracy, or reliability of Your Content or content submitted, published, or displayed using our Services by any other user ("User Content"), derivative works from User Content, or any other communications posted by users nor do we endorse any opinions expressed by users. You acknowledge that any reliance on User Content will be at your own risk.
Here are a few rules about Your Content:
a. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you're not infringing or violating any third party's rights by posting it.
b. By posting Your Content through our Services, you grant Flipmass a license to use it. We don't claim any ownership to Your Content, but we have your permission to use it to help Flipmass function and grow. That way, we won't infringe any rights you have in Your Content and we can help promote your stuff.
c. By posting Your Content, you grant Flipmass a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Flipmass and the Services in general, in any formats and through any channels, including across any Flipmass Services or third-party website or advertising medium.
d. There are certain types of content we don't want posted on our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our published policies or Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
5. Access to the Services.
We reserve the right to modify or discontinue any Services or content with or without notice to the you. We do not guarantee continuous uninterrupted service or access to the Services and operation of the Services may be affected by numerous factors or circumstances outside of our control. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
6. Use of the Services. As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Flipmass.
Without limiting the preceding sentence, here are a few rules governing your use of the Services:
a. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
b. Provide accurate information about yourself. It's not acceptable to use false information or impersonate another person or company through your account.
c. You're solely responsible for any activity on your account. If you're sharing an account with other people, then the person whose email address is associated with the account will ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
d. Because you are solely responsible for any activity on your account, it's important to keep your account password secure.
e. These Terms don't create any agency, partnership, joint venture, employment or franchisee relationship between you and Flipmass.
In addition, you are not allowed to:
a. Use Flipmass' name, logo, trademark or branding in a way that confuses people about your affiliation with us;
b. Access, tamper with or use non-public areas of our Services, including our website, our apps, our systems or our technical providers' systems;
c. Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks;
d. Use any undocumented or unsupported method to access, search, scrape, download or change our Services or anything provided therein;
e. Try to reverse engineer any of our software, except as permitted by law;
f. Try to interfere with any Flipmass user, host or network, for example by sending a virus, overloading, spamming or mail-bombing;
g. Collect or store personally identifiable information from Flipmass or its users without their permission;
h. Impersonate or misrepresent your affiliation with any person or entity, including Flipmass; or
i. Encourage or help anyone do any of the things on this list.
7. Fees and Payments.
You are responsible for paying all fees that you owe to Flipmass. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
8. Links to Other Sites.
9. Disclaimer of Warranties.
You understand that while Flipmass makes an effort to ensure that sellers comply with all of our rules and guidelines, the items in our marketplace are sold directly by independent sellers, so Flipmass cannot and does not make any warranties about their quality or even their legality. Any legal claim related to a purchase must be brought directly against the seller. You release Flipmass from any claims related to sales made through our Services, including misrepresentations by sellers.
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Flipmass is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
You can use the Services to interact with other individuals. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users.
OUR SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (i) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (iii) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (iv) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability.
To the fullest extent permitted by law, neither Flipmass, nor our directors, officers, employees, representatives, or agents shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Flipmass' aggregate liability for any damages exceed five hundred ($500) US Dollars. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
You agree to defend, indemnify and hold harmless Flipmass, its directors, officers, employees, representatives, and agents from any claim or demand including reasonable attorneys' fees and costs, made by any third party arising out of or related to (i) your use of our Services, (ii) Your Content, (iii) your violation of these Terms, or (vi) infringement by you or anyone using your account of any intellectual property right of a third party. Flipmass shall provide you with prompt notice of any such claim, suit, or proceeding and we reserve the right to assume the exclusive defense and control of the matter. You agree to cooperate with our defense of such claim.
12. Interactions and Disputes with Other Users.
If you find yourself in a dispute with another user of Flipmass' Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Flipmass will attempt to help its members resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Flipmass has no obligation to resolve any disputes. You release Flipmass from any claims, demands and damages arising out of disputes with other users or parties.
Because sellers are individuals or entities not affiliated with Flipmass, we are not directly involved in transactions between individual the parties in dispute. This also means when you encounter an issue with a transaction, we ask that you first contact the other party directly to work towards a resolution. Because Flipmass is not directly involved in the transaction between buyers and sellers, we are unable to issue immediate refunds for purchases.
While it's our hope that both the buyer and seller will come to a mutual resolution, we can't guarantee this will be the case. In the event that you're unable to get in touch with the other party or work things out with them directly, the next step is filing an incident report with Flipmass. Incident reports must be filed within 14 days of the date that (i) payment is made by the buyer or (ii) the occurrence of the incident giving rise to the dispute, if no payment has been made. You can file an incident report by sending us an email at email@example.com with "Incident Report" in the subject line.
Once an incident report has been filed, Flipmass will make a final decision in favor of the buyer or the seller. You may be asked to provide documents and information related to the transaction that Flipmass deems necessary or helpful in reviewing the dispute. You are required to comply with all such requests to facilitate Flipmass' review. Flipmass retains full discretion to make a final decision in favor of the buyer or the seller based on any criteria we deem appropriate. In the event that Flipmass makes a final decision in favor of the buyer or seller, each party must comply with Flipmass' decision.
Please note : If you are advised by Flipmass to contact PayPal for a refund, you may have a limited time frame in which to file a claim for refund of your purchase under PayPal's policies.
An EU buyer wishing to resolve a dispute with an EU seller may have the option of using the EU Online Dispute Resolution platform, which you can find here.
13. Disputes with Flipmass.
For any dispute you have with Flipmass, you agree to first contact us and attempt to resolve the dispute with us informally. If Flipmass has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Flipmass agree otherwise, the arbitration will be conducted in the United States. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FLIPMASS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14. Copyright Policy.
It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Flipmass will respond expeditiously to claims of copyright infringement committed using our Services that are reported to our Designated Copyright Agent, identified below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or by using our Services by submitting a DMCA Notice of Alleged Infringement ("Notice") and delivering it to our Designated Copyright Agent. Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, that we deem appropriate, including removal of the challenged material from the website. If we remove or disable access to content in response to a Notice, we may notify the user with details about the Notice so that they can submit a counter-notice. We may also send a complete copy of the Notice to users where appropriate.
Please provide the following information in your Notice:
· Identify the copyrighted work that you claim has been infringed.
· Identify the material that you claim is infringing and information reasonably sufficient to allow us to locate the material, including the URL of the link where such material may be found.
· Provide your mailing address, telephone number, and email address, if available.
· Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
· Provide your full legal name and your electronic or physical signature.
Deliver this Notice to:
Flipmass Copyright Agent
110 E. Houston St, 7th Floor
San Antonio, Texas 78205
While we work to protect the security of your content and account, Flipmass cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. For accounts created on behalf of a company, organization, local government agency, or other entity, you are responsible for ensuring that only authorized individuals have access to the account.
16. Term and Termination.
These Terms will remain in full force and effect while you are using the Services. Flipmass, in its sole discretion, may terminate or suspend this license at any time for any reason or for no reason at all, without prior notice or liability to you. You may terminate your account at any time by sending an email to us at firstname.lastname@example.org. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Even after terminating your account, you will still have to pay any outstanding bills. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We appreciate hearing from our users and welcome your comments regarding our Services. While we do value your feedback on our Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission will be the property of Flipmass. None of the Submission will be subject to any obligation of confidentiality on our part and we will not be liable for any use or disclosure of the Submission. Flipmass will own all rights to the Submission and is entitled to unrestricted use of the Submission for any purpose without compensation to you.
18. General Terms.
Modification of Terms . Flipmass reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. We will notify you of changes to these Terms 10 days before the changes become effective. If you do not wish to be bound by the revised Terms, please stop using the Services and/or terminate your account.
No Assignment or Unauthorized Use . These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Flipmass without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver . No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Flipmass' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Governing Law; jurisdiction . These Terms are governed by the laws of the State of Texas, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms lies exclusively with the state or federal courts in Bexar County, Texas. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas.
Summary of Modifications