FLIPOLY, INC.
FLIPOLY.COM
TERMS AND CONDITIONS
Please read these Terms and Conditions carefully before accessing or using this website (the "Site").
ACCEPTANCE OF TERMS
By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that Flipoly, Inc. ("Flipoly") may publish from time to time (collectively, the "Terms and Conditions"). If you do not agree to all of the terms and conditions contained in the Terms and Conditions, do not access or use this Site.
Flipoly may change these Terms and Conditions and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms and Conditions, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms and Conditions" link on the home page of Flipoly.com to view the then-current terms. If you breach any of the Terms and Conditions, your license to access or use this Site shall automatically terminate.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
1. All content on this Site (collectively the "Content"), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties (collectively, "Intellectual Property Laws"). Any unauthorized use of any Content may violate such laws and the Terms and Conditions. Except as expressly provided herein or in the Subscriber Terms of Service, Flipoly does not grant any express or implied permission to use any Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any or the Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content.
FLIPOLY TRADEMARKS
2. For the purposes of these Terms and Conditions, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Flipoly.
3. Nothing contained herein grants or shall be construed to grant you any rights to use any Flipoly Trademark, unless expressly conferred by these Terms and Conditions.
4. You agree that you will not use Flipoly's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Flipoly.
5. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Flipoly Trademarks or the Trademark rights claimed by Flipoly.
6. You agree that you will not use any Flipoly Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
7. You may not at any time, adopt or use, without Flipoly's prior written consent any word or mark which is similar to or likely to be confused with Flipoly's Trademarks.
8. The look and feel of the Flipoly website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Flipoly and may not be copied, imitated or used, in whole or in part, without the prior written consent of Flipoly.
9. All other trademarks, product names, and company names or logos used or appearing on the Flipoly website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Flipoly, unless expressly so stated.
10. You may not use a Flipoly trademark, logo, Content or other proprietary graphic of Flipoly to link to the Flipoly website without the prior written consent of Flipoly.
11. You may not frame or hotlink to the Flipoly website or any Image without the prior written consent of Flipoly.
INFRINGEMENT CLAIMS / DMCA NOTICES
12. If you believe that any Content or other material made available by Flipoly infringes upon any copyright that you own or control, you may notify Flipoly in the manner set forth in our DMCA Copyright Infringement Notice Policy.
LIMITATIONS
13. You agree that you shall not:
a. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Flipoly or any third party.
b. Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms and Conditions.
c. Violate the rights of Flipoly or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
USE OF CONTENT
14. Certain Content will only be made available to users who pay Flipoly a fee for such Content and/or enter into a subscription agreement or other use agreement for that particular Content. Unless you enter into a subscription agreement with Flipoly you may not download, distribute, display and/or copy any Content.
15. You may not remove any watermarks or copyright notices contained in the Content.
16. Flipoly reserves the right to revoke this license at any time for any reason.
RESTRICTION AND TERMINATION OF USE
17. Flipoly may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time in Flipoly's discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES
18. IN THE EVENT THAT Flipoly PROVIDES LINKS FROM ITS WEBSITE TO ANY THIRD-PARTY WEBSITE OR PERMITS ANY THIRD PARTY TO LINK FROM ITS WEBSITE TO THE FLIPOLY WEBSITE, YOU SHOULD BE AWARE THAT FLIPOLY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF FLIPOLY, AND FLIPOLY PROVIDES AND/OR PERMITS THESE LINKS ONLY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY FLIPOLY.
WARRANTIES AND DISCLAIMERS
19. THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY FLIPOLY UNDER THESE TERMS AND CONDITIONS "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FLIPOLY MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED; (iii) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.
PERSONAL INFORMATION AND PRIVACY
20. Flipoly will use and protect your data, such as your name and address, in accordance with the Flipoly Privacy Statement , the contents of which are incorporated by reference into these Terms and Conditions.
INDEMNIFICATION
21. You agree to defend, indemnify and hold harmless Flipoly, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Flipoly website, your breach or alleged breach of the Website Terms and Conditions or of any representation or warranty contained herein, your unauthorized use of the Flipoly Content, or your violation of any rights of another.
GOVERNING LAW AND JURISDICTION
22. This agreement is governed by and shall be construed in accordance with the laws of the province of Quebec. You hereby consent to the personal jurisdiction of the courts located within such province. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the province of Quebec and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms and Conditions may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.