Except as otherwise provided in a written agreement signed by Vulcan Portals Inc. dba FlipStart Labs (“FlipStart Labs”), these Terms of Use represent the entire understanding between you and FlipStart Labs regarding your use of www.flipstart.com (the “Site”) and your submission of any materials to us. FlipStart Labs is providing you access to the Site subject to these Terms of Use and the flipstart.com Privacy Policy. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.
FlipStart Labs reserves the right, at any time, to modify, alter, update or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. We will post any changes to these Terms of Use on this page so you can readily review the current version. We will alert you that changes have been made by indicating on the bottom of the Terms of Use the date it was last updated. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.
Personal and Non-Commercial Use Only
Unless otherwise specified in writing by FlipStart Labs, the Site is available for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through this Site.
Disclaimer
ANY USE OF THE SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED WITHIN THE SITE IS PROVIDED ON AN “AS-IS” BASIS. FLIPSTART LABS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLIPSTART LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, FLIPSTART LABS DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLIPSTART LABS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, EMAIL OR OTHERWISE POST USING THE SITE.
Limitation of Liability
IN NO EVENT SHALL FLIPSTART LABS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF FLIPSTART LABS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLIPSTART LABS’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.
Links
The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than FlipStart Labs. FlipStart Labs provides these links solely as a convenience. The appearance of a link does not imply FlipStart Labs’s endorsement, nor is FlipStart Labs responsible for the content on any linked site. These Terms of Use and the Privacy Policy are applicable only when you are on the Site. Once you choose to link to another Web site, you will be bound by the terms of use and privacy statement applicable to such Web site.
You may purchase FlipStart Labs products by linking to the Web site of FlipStart Labs’ authorized reseller, Digital River. Any such purchase will be governed by Digital River’s terms of purchase and privacy policy. You should closely review Digital River’s terms of purchase and privacy policy prior to any use of the Digital River Web site or purchase of products.
YOU ACCESS LINKED SITES AT YOUR OWN RISKAND UNDER NO CIRCUMSTANCES WILL FLIPSTART LABS BE LIABLE IN ANY WAY FOR ANY ASPECT OF DIGITAL RIVER’S WEB SITE OR ANY OTHER LINKED SITE, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.
Eligibility
You must be 18 years or older to use the Site.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your use of the services described therein. FlipStart Labs controls and operates this Site from its headquarters in the United States of America and makes no representations that the Site is appropriate or available for use in other locations. If you use this Site from outside of the United States of America, you are entirely responsible for compliance with local laws. Unless otherwise explicitly stated, all information or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
Submissions
FlipStart Labs accepts personal information for use in compiling FlipStart Labs mailing lists through the Site. However, we do not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary. Furthermore, we do not accept proposals concerning film production companies, film/TV scripts or concept papers, themed amusement parks or restaurants, music acts, record companies or recording studios.
Except as otherwise agreed by FlipStart Labs in writing, all requests, proposals, business plans, applications, ideas, suggestions, comments, feedback and other materials disclosed, submitted or offered to FlipStart Labs, using the Site or otherwise, (collectively, “Submissions”) will not be treated as confidential or proprietary and FlipStart Labs will have no nondisclosure obligations or use prohibitions related to the Submissions. FlipStart Labs does not claim ownership of the Submissions; however, by posting, uploading, inputting, providing or submitting your Submission you are granting FlipStart Labs, its affiliates and necessary sublicensees permission to use your Submission in connection with the operation of FlipStart Labs’s businesses, including without limitation the license rights to display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.
FlipStart Labs reserves the right to reject any Submission or request for information and to bar any user from the Site, for any reason, in FlipStart Labs’s sole discretion.
Posting on Forums
As a visitor to the Site, you may participate in any available communications forums to post information, suggestions, reviews or comments about FlipStart Labs’s products or services. You agree you will not post any content on the Site that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable or that contains any software viruses, political campaigning, commercial solicitation, chain letters or any form of mass mailings or spam. FlipStart Labs reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. FlipStart Labs takes no responsibility and assumes no liability for content posted by you or any third party.
By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in these Terms of Use, including, without limitation, all the rights necessary for you to provide, submit or post such Submissions.
FlipStart Labs reserves the right at all times to disclose any information as FlipStart Labs deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in FlipStart Labs’s sole discretion. Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
No Unlawful or Prohibited Use; Indemnity
You warrant that you will not use the Site or any of the content obtained from the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden or impair any FlipStart Labs server or the network(s) connected to any FlipStart Labs server, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to any materials or information through any means not intentionally made available through the Site, including, without limitation, through hacking or any other means. You will indemnify, defend and hold harmless FlipStart Labs, its subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or any violation of these terms.
General Proprietary Rights
The Site is owned by FlipStart Labs and contains material that is derived in whole or in part from FlipStart Labs and other sources. The Site and its contents are protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including, without limitation, code or software, without FlipStart Labs’s express written permission.
Copyright
All designs, text, code, graphics and interfaces, and the selection and arrangements thereof, on the Site are the property of FlipStart Labs, or FlipStart Labs’s content suppliers and licensors, are protected by U.S. and international copyright laws. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use, reproduction or distribution of the designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the Site is in violation of copyright, trademark and other applicable laws and may result in severe criminal penalties and/or civil fines.
Trademarks
“FlipStart”, “FlipStart Labs”, “Navigator”, “InfoPane” and all logos, designs and symbols associated with such terms are trademarks of Vulcan Portals Inc. and/or its affiliates. They may not be used in connection with any product or service other than those offered by FlipStart Labs or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits FlipStart Labs or its affiliates. All other trademarks are the property of their respective owners.
Notice of Potential Infringement
Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to webmaster@flipstart.com.
Applicable Law
FlipStart Labs operates the Site from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without reference to its conflict of law provisions.
Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site and/or the services described herein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.
Termination
These Terms of Use shall remain in force until terminated by FlipStart Labs. FlipStart Labs may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that FlipStart Labs, in its sole discretion, determines to be disruptive or in violation of any applicable law or these Terms of Use. The provisions included herein regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law and venue shall survive the termination of these Terms of Use.
Miscellaneous
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
All rights not expressly granted herein are reserved.