By using this Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of this Service, including casual visitors. If you choose to register as a member of, or make a purchase through, this Service, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms.
Part A: Provisions applicable to all Users of the Service (Whether Registered or Not)
This Service is operated by FlipClips, Inc. ("FlipClips"), a company incorporated under the laws of the State of California whose principal business address is 1409 Santa Fe Ave., Berkeley, CA 94702.
FlipClips is also referred to in these Terms as "we" and "us".
2. Purpose of the Service
FlipClips offers digital video services that provide the ability to view, edit, share, store and print digital video through a range of electronic devices including digital cameras, camcorders, mobile phones, personal computers and hand-held devices.
FlipClips uses reasonable endeavours to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of FlipClips. Every reasonable step will be taken by FlipClips to minimize such disruption where it is within the reasonable control of FlipClips. You agree that FlipClips shall not be liable to you for any modification, suspension or discontinuance of the Service.
All brand, product and service names used in this Service which identify FlipClips or third parties and their products and services are proprietary marks of FlipClips or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any licence or right on the part of FlipClips or any third party with respect to any such image, logo or name.
FlipClips is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilise or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use licence set out in our copyright notice.
7. Reporting Violations of Your Copyrights
If you believe the copyright in your work has been violated through this Service, please contact FlipClips's agent for notice of claims of copyright infringement, Sairam Suresh, who can be reached at email@example.com, or at FlipClips, Inc., 1409 Santa Fe Ave., Berkeley, CA 94702. You must provide our agent with the following information, which FlipClips may then forward to the alleged infringer:
(a) identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
(b) provide your address, telephone number, and email address;
(c) provide a statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
(d) provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorised to act on behalf of that owner; and
(e) provide your physical or electronic signature. Upon receiving your complaint, FlipClips may remove content that you believe infringes your copyright. In addition, FlipClips may terminate the account of the member who appears to be infringing your intellectual property rights.
8. External Links
From time to time FlipClips may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. FlipClips does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that FlipClips is not liable for any loss or damage that you may suffer by using other websites.
9. Amendment of the Terms
We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to FlipClips for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
10. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California.
Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of California.
These Terms constitute the entire agreement between FlipClips and you with respect to your use of the Service. Failure by FlipClips to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
If you have any comments or questions about the Service please contact us by email firstname.lastname@example.org.
Part B: Provisions Applicable to Registered Members and Customers
To purchase from or register as a member of the Service you must be 18 years or over.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify FlipClips immediately of any unauthorised use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
15. Formation of a Binding Contract
No contract will exist between you and FlipClips for the supply of any services or products unless and until FlipClips accepts your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication.
16. Pricing and Delivery
All prices are stated in US dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. Coupons valid for discounts on merchandise purchased on the service cannot be combined with, or used to purchase, gift certificates for use at flipclips.com. Multiple coupons or gift certificates may not be combined. In the event that you order products and the price published on the Service was incorrect, FlipClips will contact you to let you know the correct price and ask you whether you still wish FlipClips to fulfil your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.
17. Right to Return
You may return any item which you have ordered from us for any reason within 30 days of receipt. Please read carefully the FlipClips Return Policy which forms part of these Terms.
18. Copyright in Your Videos
FlipClips does not claim ownership rights to any video contained in your account. For the sole purpose of enabling us to display your videos through the Service and fulfilling any orders for you or those with whom you have shared your videos, you grant to FlipClips a non-exclusive, royalty-free license to use, copy, distribute, and display those videos. Please note that when you share videos, you allow the recipients to share and make printed FlipClips from those videos.
You are responsible for all of the videos you upload, share or copy using the Service, and for the content of the FlipClips you order using the Service. You must have the legal right to copy and display each video that you upload, share or print. Professional videos that are provided to you by professional photographers/videographers, or made available through websites, video tapes or dvds, satellite, cable or broadcast television, or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.
You agree not to use the Service:
a. for any unlawful purposes;
b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to FlipClips;
d. to harm minors in any way, including, but not limited to, transmitting content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
f. to upload, post, email or otherwise transmit any material which is likely to cause harm to FlipClips' or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption to the Service;
g. to make videos hosted by FlipClips available for viewing by the general public through a publicly posted link to the video or otherwise;
h. for any commercial purpose.
You further agree that you shall not:
a. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
b. provide any information to FlipClips that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
20. Monitoring of Content
FlipClips does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
21. Suspension and Termination of Access and Membership
You agree that FlipClips may at any time without notice:
a. refuse to accept your application to become a member of FlipClips;
b. move or suspend any part of the Service; or
c. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in the sole discretion of FlipClips, you fail to comply with any of these Terms or if a competent regulatory authority requires FlipClips to do so.
22. Storage Policy
FlipClips provides free online storage of videos to its members for an initial period of 6 months from the date you first upload a video to your FlipClips account. To maintain free storage, you need to make a purchase from FlipClips at least once every 6 months (the 6 month period will restart with each purchase).
If you do not purchase any product or service from FlipClips for a period of 6 months, FlipClips may delete the videos stored in your account. In addition, if your account becomes inactive for a period of 60 months, FlipClips may, at its option, terminate access to the account altogether (including deletion of any account information held by FlipClips). FlipClips may change this policy at any time, upon reasonable notice to you.
23. Disclaimer of Warranty and Limitation of Liability
FlipClips agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.
THE SERVICE, THE FLIPCLIPS WEBSITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY FLIPCLIPS "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, FLIPCLIPS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR VIDEO TO FLIPCLIPS, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR VIDEO OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
IN THE EVENT OF ANY MISTAKE BY FLIPCLIPS, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, FLIPCLIPS WILL BE LIABLE ONLY TO THE EXTENT OF ITS RETURN POLICY.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, FLIPCLIPS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE FLIPCLIPS WEBSITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF FLIPCLIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Last Updated: October 18, 2012