Note:-
OUR PRIVACY POLICY IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. TO MAKE SURE YOU ARE AWARE OF ANY CHANGES, PLEASE REVIEW THIS POLICY PERIODICALLY.
BY MERE USE OF THE WEBSITE/MOBILE APPLICATION , YOU EXPRESSLY CONSENT TO OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THESE TERMS OF USE.
Definitions
In these Terms following terms have the following meanings:
"Chargeback" a bona fide demand by a Flipclip it-card provider for FLIPSOLUTIONS LLP. to make good the loss the Creditcard provider has incurred because the User has without justification disputed a purchase for which the User paid for using the User’s Creditcard;
"Creator" a User who uploads Content on the Website/Mobile app to be viewed by other Users;
"Commission" the amount calculated as a percentage of the Revenue paid by followers to view a Creator’s User Content or to use the Follower Interaction;
"Incentive Payment in terms of Flipclipcoins " the payments that are made by FLIPSOLUTIONS LLP. to Users who introduce new Users to Flipclip, which shall be equal to 5% of all the Commission earned by the referred User.
"FLIPSOLUTIONS LLP." FLIPSOLUTIONS, with company registration number: 10354575 and registered address: Fourth Floor Imperial House 8 Kean Street London WC2B 4AS; Fenix Internet LLC, wholly owned subsidiary of FLIPSOLUTIONS.
"Follower" a User who follows another Creator and views the Creator’s User Content;
"Follower Interaction" any functionality offered by a Creator as part of that Creator’s User Content which is hosted by Flipclip which allows a Follower to interact with (as opposed to just view) the User Content and or the Creator.
"Flipclip" the social network of Users operating on the Website/Mobile app which enables Users to provide and view User Content and where appropriate, utilise Follower Interaction;
"Payment Provider" any third party approved by FLIPSOLUTIONS LLP. which enables a User to make payments or a Creator to receive;
"Payout Options" the instruction given by each Creator to a Payment Provider as to how Commission will be transferred by the Payment Provider to the Creator;
"Refund" the return of monies to a Follower after a bona fide dispute, often issued prior to a chargeback;
"Revenue" the monies paid by a Follower to FLIPSOLUTIONS LLP. to view User Content or to use Follower Interaction;
"User" any user of the Website/Mobile app, whether a Creator or a Follower;
"User Account" the section on the Website/Mobile app which can only be accessed by FLIPSOLUTIONS LLP. or the User which inter alia details the Payment Provider and Payout Options;
"User Content" any and all photos, videos and other material or facility (including Follower Interaction functionality) uploaded onto the Website/Mobile app by a Creator;
"FlipclipCoins" a prepayment made by a Follower to FLIPSOLUTIONS LLP. to facilitate access to User Content/Follower Interaction under the terms contained within this agreement.
"Website/Mobile app" the website/Mobile app at www.Flipclipapp.com. /. Flipclip
- About
- The Website/Mobile app is a social media website/Mobile application service which allows Users to create a pro Flipclipapp account , upload photos and videos onto their Flipclipapp account, set a monthly subscription price payable by other Users who wish to view their User Content and thereby generate revenue from Followers. Flipclipis operated by FLIPSOLUTIONS LLP..
- These Terms govern your use of the Website/Mobile app, including any content, functionality, and services offered on or through the Website/Mobile app whether part of Flipclip. By registering with and using Flipclip, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms of Service, you must not access or use the Website/Mobile app.
- Any information given on the Website/Mobile app including responses to “frequently answered questions” is not legally binding on FLIPSOLUTIONS LLP. is informative only and does not form part of the Terms.
- The Website/Mobile app is only offered and available to Users who are 18 years of age or older. By using the Website/Mobile app, you represent and warrant that you are 18 years of age, that you are of legal age to form a binding contract with FLIPSOLUTIONS LLP.. If you do not meet all of these conditions, you must not access or use the Website/Mobile app. The Privacy Policy outlines in greater detail how FLIPSOLUTIONS LLP. uses third parties to verify your eligibility.
- FLIPSOLUTIONS LLP. reserves the right to make changes to these Terms at any time and at FLIPSOLUTIONS LLP.’s sole discretion. All changes are effective immediately from the time FLIPSOLUTIONS LLP. posts them, and apply to all access to and use of the Website/Mobile app thereafter. By continuing to use Flipclip, you agree to the Terms as modified or as they currently appear. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
- By using Flipclipyou consent to receiving communications from FLIPSOLUTIONS LLP. electronically, including emails and messages posted to your Flipclipaccount, all as more fully detailed in the Privacy Policy (available here) (http://www.Flipclipapp.com/privacy). You acknowledge and agree that all communications that FLIPSOLUTIONS LLP. sends to you electronically satisfy any legal requirement that such communications be in writing. If you wish at any time to withdraw your consent to receiving communications from FLIPSOLUTIONS LLP., please email support@Flipclip.com, notifying FLIPSOLUTIONS LLP. of the withdrawal of your consent.
- FLIPSOLUTIONS LLP. does not own User Content on Flipclipand views expressed by Users on Flipclipdo not represent FLIPSOLUTIONS LLP.’s views. All transactions and interactions regarding User Content on Flipclipare between Users. Except when FLIPSOLUTIONS LLP. acts as the agent of a Creator to receive payment for the Creator from a Follower (as further described in clause 1.8), at no point will FLIPSOLUTIONS LLP. be a party to or be responsible for any transaction or interaction between Users.
- Where FLIPSOLUTIONS LLP. receives payment from a Follower to view User Content uploaded by a Creator or utilise Follower Interaction, FLIPSOLUTIONS LLP. receives such payment on behalf of the Creator and not the Follower. On receipt of payment by FLIPSOLUTIONS LLP. the Creator shall have no right of action against the Follower for non-payment and the Creator shall be obliged to allow the Follower to view the User Content and utilise Follower Interaction (where applicable). Section 4 further describes the payment process.
- FLIPSOLUTIONS LLP. reserves the right at any time and without notice to:
- modify, suspend or terminate Flipclipor any portion thereof;
- restrict, limit, suspend or terminate your access to Flipclipor any portion thereof;
- delete any content you post on Flipclipas a Creator if in FLIPSOLUTIONS LLP.’s reasonable opinion it does not comply with these Terms and/or any applicable law;
- monitor your use of Flipclip(including any content or message you post or broadcast on Flipclip) to verify compliance with these Terms and/or any applicable law;
- investigate any suspected or alleged misuse or unlawful use of Flipclipand cooperate with law enforcement agencies in such investigation;
- disclose information about your use of Flipclipin connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
- change the Payment Providers. If FLIPSOLUTIONS LLP. does this then FLIPSOLUTIONS LLP. will use its reasonable endeavours to verify the bona fides and good standing of the new Payment Provider and notify the User and applicable details will be uploaded to the User Account.
- From time to time, FLIPSOLUTIONS LLP. may restrict access to some parts of the Website/Mobile app, or the entire Website/Mobile app, to Users.
- How It Works
- Flipclipis a social media platform that lets you create a User pro Flipclipapp account, which in turn allows you to:
- upload User Content to be viewed by other Users or Follower Interaction to be used by other Followers; and/or
- pay to view another User’s User Content or use another User’s Follower Interaction.
- Account Registration
- To become a User you must register and create a User Account on Flipclip. You must provide a valid email address, a username, and a password or a valid Twitter/facebook account. It is a condition of your use of the Website/Mobile app that all the information you provide on the Website/Mobile app is correct, current, and complete.
- You agree that all information you provide as a User or otherwise, including but not limited to information provided through the use of any interactive features on the Website/Mobile app, is governed by FLIPSOLUTIONS LLP.’s Privacy Policy at https://Flipclip.com/privacy (/privacy), and you proceed on the basis that you are aware of how and why FLIPSOLUTIONS LLP. process your personal data, as is set out in FLIPSOLUTIONS LLP.’s Privacy Policy.
- If you wish to view User Content you will need to provide details of a payment card to a Payment Provider. Your payment card information is stored by the Payment Provider.
- If you elect to input two or more payment card details onto your User Account if payment of the Revenue from the first card is rejected because the payment card is no longer valid then the other payment card(s) will be used to collect full payment of the Revenue.
- If you are a Creator and wish to receive payment of Commissions, you will need to include onto your User Account Payout Options and upload a valid form of ID. You may also need to submit additional legal information, such as a W-9 if you are resident in the United States of America. The exact information required will depend on your country of residence. Amounts due to you as a Creator from Followers will be paid to you by one of our Payment Providers in accordance with your Payout Options. With the exception of Creators wishing to receive payment by direct bank transfer from FLIPSOLUTIONS LLP., FLIPSOLUTIONS LLP. does not store any data disclosed by you when you register your Payout Options with the Payment Provider. Section 4 further describes the payment processes.
- By registering on Flipclip, you confirm that:
- all User Account registration and Flipclipapp account information is truthful and accurate and that any User Content you provide is your own and does not infringe the intellectual property rights or any other proprietorial rights of a third party;
- if you previously had a User Account with Flipclip, your old User Account was not terminated or suspended by FLIPSOLUTIONS LLP. for violation of the Terms of Service;
- you register on Flipclipfor your own personal use and you will not sell, rent or transfer your User Account to any third party; and
- FLIPSOLUTIONS LLP. reserve the right, at any time, to verify the information which you provide to FLIPSOLUTIONS LLP. as well as your compliance with the Terms. If FLIPSOLUTIONS LLP. is unable to verify this then FLIPSOLUTIONS LLP. reserve the right to suspend your account.
- you will not use any third party payment processors to accept payments for subscriptions, or any other service, via Flipclip.
- You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify FLIPSOLUTIONS LLP. at support@Flipclip.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
- FLIPSOLUTIONS LLP. reserves the right to disable any user name, password, or other identifier, whether chosen by you or provided by FLIPSOLUTIONS LLP., at any time and at FLIPSOLUTIONS LLP.’s sole discretion for any or no reason, including if, in FLIPSOLUTIONS LLP. opinion, you have violated any provision of the Terms.
- Subscriptions, Purchases and Payment of Revenue
- FLIPSOLUTIONS LLP. will procure that Payment Providers ensure that Creators will receive the Commission from FLIPSOLUTIONS LLP. with the difference between the Revenue and Commission being a management fee (which will include Incentive Payment in terms of Flipclipcoins s) levied by FLIPSOLUTIONS LLP. and payments due to the Payment Providers. The management fee is for providing, maintaining and operating the Website/Mobile app. The Commission will be 80% of the Revenue generated by Followers paying to view User Content uploaded by you or use Follower Interaction.
- In order to view User Content or utilise Follower Interaction on Flipclip, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator’s proFLIPSOLUTIONS LLP.e. Your payment card details will be passed to a Payment Provider which will take payment from your payment card and pay it into FLIPSOLUTIONS LLP.’s account.
- Depending on your use of Flipclipthe Payment Provider will take monthly payments or will take payments for ad hoc purchases such as Follower Interaction. However, you may cancel the monthly payments at any time by turning off the 'Auto-Renew' switch located under the relevant Creator’s User Content proFlipclipapp account or by contacting FLIPSOLUTIONS LLP. at support@Flipclip.com. If you cancel your monthly payments you will continue to be permitted to view the Creator's User Content until the end of the existing billing period, after which no further payments will be taken from your payment card and you will no longer be able to view the relevant Creator’s User Content.
- FLIPSOLUTIONS LLP. receives the Revenue and holds the Commission on behalf of the relevant Creator, and not on your behalf as a Follower. Once FLIPSOLUTIONS LLP. has received payment from you as a Follower you have no further liability to the relevant Creator and the Creator shall allow you as a Follower to view the User Content or utilise Follower Interaction.
- FLIPSOLUTIONS LLP. will take payment of the Revenue from the Follower and hold the Commission in FLIPSOLUTIONS LLP.’s capacity as the agent for the Creator.
- All payments to view User Content or utilise Follower Interaction are final and non-refundable. If FLIPSOLUTIONS LLP. is alerted that a Follower has sought and received a Refund or Chargeback, FLIPSOLUTIONS LLP. will take additional actions. Any purchase of the right to view User Content or to use Follower Interaction which is subsequently subject to a Refund or Chargeback may result in the User’s account being immediately and permanently excluded from Flipclip. The Refund or Chargeback amount may be removed from the earning Creator's income. The Creator may be alerted to the Follower Refund or Chargeback.
- FlipclipCoins
- A Follower can prepay an amount to FLIPSOLUTIONS LLP. known as FlipclipCoins which the Follower can later use to view User Content/access Follower Interaction on the terms contained within this agreement.
- FlipclipCoins are non-transferable; any unused FlipclipCoins cannot be withdrawn.
- Once a Follower has applied any of the FlipclipCoins in accordance with 5.1 above, the FlipclipCoins are non-refundable.
- Purchases on the Website/Mobile app cannot be divided; if a Follower attempts a purchase that is greater than the amount of remaining FlipclipCoins, the Follower’s connected payment card will be charged the full amount.
- FlipclipCoins are subject to a maximum amount as determined by FLIPSOLUTIONS LLP., from time to time.
- Twitter
Flipclipallows Users to connect a Twitter account and to post any Flipclipposts to Twitter. By using this feature, you must fully comply with and respect Twitter's Terms of Service, which can be read in full here: https://twitter.com/tos
Facebook
Flipclipallows Users to connect a Facebook account and to post any Flipclipposts to Twitter. By using this feature, you must fully comply with and respect Facebook’s Terms of Service, which can be read in full here: https://www.facebook.com/terms.php
- Account Deactivation
- Should you wish to deactivate your Flipclipmembership then you may do so in your User Account section.
- If you are a Follower then any account deactivation will take place as soon as reasonably possible. You will no longer be charged or have access to User Content or Follower Interaction. Any subscriptions will be deleted and cannot be subsequently renewed.
- If you are a Creator then you can only deactivate your membership when your last Follower Subscription has expired, and you have withdrawn any balance on your account.
- If a User is both a Creator and a Follower then the account will be deactivated in two stages (Follower and then Creator).
- You will receive an email confirmation upon the successful deletion of your account.
- Intellectual Property Rights
- User Content, the Website/Mobile app and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by FLIPSOLUTIONS LLP., FLIPSOLUTIONS LLP. licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. By merely posting content on the app the content creators are transferring the intellectual property rights to FLIPSOLUTIONS LLP.
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website/Mobile app, except as follows:
- you may store FLIPSOLUTIONS LLP.es that are automatically cached by your Web browser for display enhancement purposes; and
- you may print or download one copy of a reasonable number of pages of the Website/Mobile app for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website/Mobile app in breach of the Terms, your right to use the Website/Mobile app will end immediately and you must, at FLIPSOLUTIONS LLP. option, return or destroy any copies of the materials you have made.
- no right, title, or interest in or to the Website/Mobile app or any content on the Website/Mobile app is transferred to you, and all rights not expressly granted are reserved by FLIPSOLUTIONS LLP.. Any use of the Website/Mobile app not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
- The Flipclipname, logo and all related names, logos, product and service names, designs, and slogans are trademarks of FLIPSOLUTIONS LLP. or FLIPSOLUTIONS LLP. afFLIPSOLUTIONS LLP.iates or licensors. You must not use such marks without FLIPSOLUTIONS LLP. prior written permission. All other names, logos, product and service names, designs, and slogans on the Website/Mobile app are the trademarks of their respective owners.
- Licence
- Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use the Website/Mobile app for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by FLIPSOLUTIONS LLP. at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Flipclipother than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by FLIPSOLUTIONS LLP..
- FLIPSOLUTIONS LLP. does not warrant that Flipclipis compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Flipclipis compatible with your device.
- Acceptable Use
- FLIPSOLUTIONS LLP. requires that all Users respect and comply with these Terms below, at all times, when using Flipclip.
- You may not:
- use Flipclipother than for your own lawful and personal use in accordance with these Terms;
- impersonate FLIPSOLUTIONS LLP., one of FLIPSOLUTIONS LLP. employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent any afFLIPSOLUTIONS LLP.iation, endorsement, sponsorship between you and FLIPSOLUTIONS LLP. and/or any other person or entity;
- falsify account registration information, or make unauthorized use of another's information or content;
- use Flipclipin any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
- copy, reproduce, distribute, modify, or create derivative works from, any portion of Flipclipwithout FLIPSOLUTIONS LLP. express written permission;
- use Flipclipfor the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website/Mobile app, or which, as determined by FLIPSOLUTIONS LLP., may harm FLIPSOLUTIONS LLP. or Users of the Website/Mobile app or expose them to liability;
- You shall not create, upload, post, display, publish or distribute User Content that:
- is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way which incites violence or violates any of the aforementioned prohibitions;
- violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
- promotes or advertises escort services;
- promotes or advertises firearms or other weapons, drugs, or drug paraphernalia;
- promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
- causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
- involves 3rd party commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
- gives the impression that it emanates from or is endorsed by FLIPSOLUTIONS LLP. or any other person or entity, if this is not the case.
- is obscene, pornographic, paedophilic;
- is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever;
- harms minors in any way;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- You shall not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own.
- You shall not use the Website/Mobile app in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website/Mobile app, including their ability to engage in real time activities through the Website/Mobile app.
- You shall not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Flipclip.
- You shall not interfere in any way with the operation of Flipclipor any server, network or system associated with Flipclip, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the site or any server, network or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access.
- You shall not use Flipclipfor any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, performance or functionality, or for any other competitive purposes;
- You shall not use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access Flipclipor any server, network or system associated with Flipclip, or to extract, collect, harvest or gather content or information from Flipclip.
- You shall not make any other use of Flipclipthat violates these Terms or any applicable law.
- Any content posted that is reported by another User or Flipclip, and that is deemed unacceptable by FLIPSOLUTIONS LLP., will be deleted and the User notified via email. Users who repeatedly violate FLIPSOLUTIONS LLP. Acceptable Use policy may be deactivated. If FLIPSOLUTIONS LLP. becomes aware that a User is underage, FLIPSOLUTIONS LLP. will promptly deactivate that User's account and delete all information and content of that User from Flipclip. If you are a parent or legal guardian and become aware that your minor-child has registered on Flipclip, please immediately notify FLIPSOLUTIONS LLP. at support@Flipclip.com.
- By registering an account with Flipclip, you represent and warrant that:
- you are at least 18 years of age;
- you will fully comply with these Terms;
- you accept full responsibility for the use of Flipclipon any device, whether or not it is owned by you;
- you accept full responsibility for any User Content created or provided by you; and
- your use of Flipclipwill not violate these Terms or any applicable law.
- If you are using Flipclipon behalf of a business or other entity, you warrant that you are authorised to grant all the licences stipulated in or entailed by these Terms and that you are authorised to bind the business or other entity to these Terms.
- User Content
- By creating and publishing User Content on Flipclip, you authorize your Followers to access and view (without downloading or copying) your User Content on Flipclipfor their own lawful and personal use. You also represent, warrant and undertake that for each submission:
- to the extent your User Content includes or utilises any third-party property, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your User Content;
- you will not post any content depicting any person under 18-years old,
- you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older; and
- your User Content is non-confidential and will be made available to your Followers on Flipclip.com.
- You grant FLIPSOLUTIONS LLP. and Our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our website/Mobile app. We will never sell your content to other platforms.
- You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- You shall indemnify FLIPSOLUTIONS LLP., FLIPSOLUTIONS LLP.’s licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
- FLIPSOLUTIONS LLP. is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website/Mobile app.
- Upon signing up to Flipclip.com, you also agree to act as custodian of records for the content that you upload to Flipclip.com.
- You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including any right under the provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The above waiver is granted by you in favour of FLIPSOLUTIONS LLP./Flipclip and all of its group companies, affiliates and successors in title and interest, whether existing or in future.
- Any questions regarding User Content can be addressed by emailing support@Flipclip.com.
- DMCA
- Flipcliprespects the intellectual property rights of third parties and voluntarily complies with the Digital Millennium Copyright Act (DMCA). Our full DMCA Notice and Takedown Policy can be found here: https://Flipclip.com/dmca. Flipcliphas implemented a policy to terminate repeat copyright infringers. A copy of our repeat infringer policy (RIP) is available upon request to our users.
- Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
- Linking to the Website/Mobile app and Social Media Features
- You may link to FLIPSOLUTIONS LLP. homepage, provided you do so in a way that is fair and legal and does not damage FLIPSOLUTIONS LLP. reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on FLIPSOLUTIONS LLP. part.
- The Website/Mobile app may provide certain social media features that enable you to:
- link from your own or certain third-party website/Mobile apps to certain content on the Website/Mobile app;
- send emails or other communications with certain content, or links to certain content, on the Website/Mobile app;
- cause limited portions of content on this Website/Mobile app to be displayed or appear to be displayed on your own or certain third-party website/Mobile apps.
- You may use these features solely as they are provided by FLIPSOLUTIONS LLP., solely with respect to the content they are displayed with. However, you must not:
- establish a link from any website/Mobile app that is not owned by you;
- 12.3.2 cause the Website/Mobile app or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- link to any part of the Website/Mobile app other than the homepage; or
- otherwise take any action with respect to the materials on this Website/Mobile app that is inconsistent with any other provision of these Terms.
- You agree to cooperate with FLIPSOLUTIONS LLP. in causing any unauthorised framing or linking immediately to stop. FLIPSOLUTIONS LLP. reserves the right to withdraw linking permission without notice.
- FLIPSOLUTIONS LLP. may disable all or any social media features and any links at any time without notice in FLIPSOLUTIONS LLP. discretion.
- Links from the Website/Mobile app
If the Website/Mobile app contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links . FLIPSOLUTIONS LLP. has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party website/Mobile apps linked to this Website/Mobile app, you do so entirely at your own risk and subject to the terms and conditions of use for such website/Mobile apps.
- Referral Program
- FLIPSOLUTIONS LLP. offers a referral program which incentivises Users to introduce to new people who are interested in becoming Users. This clause sets out when FLIPSOLUTIONS LLP. will pay an Incentive Payment in terms of Flipclipcoins . FLIPSOLUTIONS LLP. reserves the right to change the how it pays Incentive Payment in terms of Flipclipcoins s but no change will deprive any Users of Incentive Payment in terms of Flipclipcoins s already earned under before the changes came into effect:
- Users with a valid User Account with Flipclipcan participate;
- each User Account has a unique referral URL which allows Users to earn Incentive Payment in terms of Flipclipcoins s;
- the referred User must use the referring User’s URL and then register with Flipclipusing the same browser that they used to click the referral link;
- the referred User has to be someone who has never held a User Account. If the referred User has been or is an existing User FLIPSOLUTIONS LLP. will not pay Incentive Payment in terms of Flipclipcoins s to the referring User;
- FLIPSOLUTIONS LLP. will not pay Incentive Payment in terms of Flipclipcoins s if the referred User does not join Flipclipusing the correct referral link;
- if the referred User then sets up more than one new User Account then the obligation to pay Incentive Payment in terms of Flipclipcoins s shall only apply to Commissions earned from the first User Account. The referred User will only be a new User with respect to the first User Account.
- Users may not use confusing business practices to impersonate Flipclipwith the intention to refer other Users to receive Incentive Payment in terms of Flipclipcoins s.
More information on how the Referral Programme works can be found at: https://Flipclip.com/help/3/22/90
- If it transpires that Incentive Payment in terms of Flipclipcoins s have been made incorrectly then FLIPSOLUTIONS LLP. reserves the right to recover those monies from the referring User.
- In order to ensure that the referral program is not abused FLIPSOLUTIONS LLP. reserves the right to verify the Credentials and identity of referred Users and referring Users claiming to have introduced the referred Users.
- The Incentive Payment in terms of Flipclipcoins will be processed on the first calendar business day of each month and paid in accordance with the Payment Provider’s terms.
- The Incentive Payment in terms of Flipclipcoins is deducted from the monies that FLIPSOLUTIONS LLP. would retain from the transaction and not from the monies earned by the referred User.
- SPECIAL TERMS AND CONDITIONS FOR THE REWARD SECTION
These terms and conditions are specific to your access and participation in the Rewards program introduced by FLIPSOLUTIONS LLP.(‘FLIPCLIP’). By accessing or participating in the Rewards program (hereinafter referred to as ‘Services’), you agree to the following terms and conditions and give your explicit consent after having read the terms in their entirety.
These terms and conditions are applicable to you in addition to the earlier Terms you have agreed for the use of other services provided by FLIPCLIP. In case of any discrepancy or dispute between these terms and the Terms already agreed upon, these terms will prevail insofar as the User is using the Services as defined hereinabove.
Please read the terms below carefully and make sure you understand them fully before using the Services. Kindly note that if you do not accept these terms, you will not be able to use the Services.
- Scope of the Services: Rewards Section is an exclusive program for FLIPCLIPusers where they can participate in multiple games and schemes (“Reward Schemes”) and subscriptions, offered by FLIPCLIP, to win benefits such as cashbacks, discounts, offers, deals, and third-party goods and services from in app currency FLIPCLIPCOINS.
- Participation in the Rewards Section
- FLIPCLIPawards each User with pre-designated number of points (“Coins”) when they pay their Subscription through the FLIPCLIPplatform. The Coins awarded to the User is at the sole discretion of FLIPCLIP.
- Users can participate in any Reward Scheme only by using the Coins awarded to them by FLIPCLIP. Coins can also be bought through the mobile app.
- Eligibility
- Users must be 18 years of age or older to participate in the Rewards Section, and must be capable of entering into a legally binding agreement.
- The eligibility criteria may be altered by FLIPCLIPfrom time to time and any decision taken by FLIPCLIPin that regard shall be final and binding on all Users.
- Disclaimers
- The Rewards Section program is offered to the Users on an “as is” basis and without warranty or condition. The Service may not be uninterrupted or error-free. Users waive all special, indirect and consequential damages against FLIPCLIP.
- FLIPCLIPreserves the right to deactivate or delete the User account, all related information on it, and forfeit all Coins or related Rewards from the User, at its sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from the User Account on the FLIPCLIPplatform
- FLIPCLIPis not responsible for any tax implications on the User from their participation in any Reward Scheme. Users must obtain an independent tax advice before entering any Reward Scheme.
SPECIAL TERMS AND CONDITIONS FOR Reward vouchers
These terms and conditions are specific to your access and participation in the reward vouchers program introduced by FLIPSOLUTIONS LLP.(‘FLIPCLIP’). By accessing or redeeming Coins on Store (hereinafter referred to as ‘Services’), you agree to the following terms and conditions and give your explicit consent after having read the terms in their entirety.
These terms and conditions are applicable to you in addition to the earlier Terms you have agreed for the use of other services provided by FLIPCLIP. In case of any discrepancy or dispute between these terms and the Terms already agreed upon, these terms will prevail insofar as the User is using the Services as defined hereinabove.
Please read the terms below carefully and make sure you understand them fully before using the Services. Kindly note that if you do not accept these terms, you will not be able to use the Services.
1. Scope of the App Services
Store is a curated marketplace platform whereby FLIPCLIPacts as a marketplace for third party sellers to list their products on the FLIPCLIPStore offering personalised products for Users. For the avoidance of doubt, it is clarified that FLIPCLIPdoes not maintain an inventory of the products listed on Store and only provides a marketplace platform to third party sellers/merchants for listing such products.
2. Use of Store
- For purchasing products on Store, the User may avail a reward by utilising FLIPCLIPCoins for payment of a portion of the price and the make remaining payment through other modes such as net banking, FLIPCLIPit/ debit card, etc as made available on Store from time to time.
- The number of FLIPCLIPCoins needed to avail a discount on each specific product shall be decided by FLIPCLIP. FLIPCLIP, in its sole discretion, may choose to alter the number of Coins needed to claim a reward on any product at any point of time.
- For the avoidance of doubt, it is hereby clarified that:
- FLIPCLIPshall not be liable for any defects in the goods sold by third party sellers/merchants and does not provide any warranty for such products. Warranty, if any, shall be provided by the third party seller/merchant. We recommend each User to verify the warranty of each product before purchasing the same through Store.
- FLIPCLIPshall not be liable for any claims arising in relation to the delivery of the products or the quality of the goods / services purchased by the User;
- the return, replacement and/ refund in relation to such products shall be dealt with in the manner as provided in FLIPCLIP’s policies, as available on FLIPCLIP’s Platform; and
- delivery of the products is the sole responsibility of the respective third party seller/ merchant or FLIPCLIP’s delivery partners (as the case may be). The delivery service may not be available for all pin codes and the User is required to verify if the delivery service is available at the pin code provided by the User prior to placing an order.
- Disclaimer of Warranties; Limitations of Liability
- By using Flipclip, you acknowledge and agree as follows:
- Flipclipand all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, FLIPSOLUTIONS LLP. disclaim any and all warranties, express or implied, with respect to Flipclipand all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. FLIPSOLUTIONS LLP. does not warrant or guarantee the accuracy, usefulness, completeness or reliability of Flipclip, or the results of your use of Flipclip. FLIPSOLUTIONS LLP. disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website/Mobile app, or by anyone who may be informed of any of its contents. FLIPSOLUTIONS LLP. also do not warrant or guarantee that Flipclipand all of its services and features will be available at any particular time or location; that Flipclipand all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Flipclipand all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website/Mobile app for any reconstruction of any lost data. To the fullest extent provided by law, FLIPSOLUTIONS LLP. will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website/Mobile app or any services or items obtained through the Website/Mobile app or to your downloading of any material posted on it, or on any website/Mobile app linked to it. Your use of Flipclipand its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
- FLIPSOLUTIONS LLP. does not warrant or guarantee that use of the Website/Mobile app will be uninterrupted or error free twenty-four hours a day, seven days a week, since FLIPSOLUTIONS LLP. may need to carry out maintenance of the Website/Mobile app from time to time. However, FLIPSOLUTIONS LLP. will use its reasonable endeavours to carry out any such maintenance of the Website/Mobile app outside of business hours (between 09:00 and 17:00 UK time) and FLIPSOLUTIONS LLP. will endeavour to give reasonable notice, however this may not always be possible;
- in no event shall FLIPSOLUTIONS LLP. be liable (strictly or otherwise) in contract, tort, negligence, strict liability or under any other legal or equitable principle, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) Flipclipor any of its services or features, nor shall FLIPSOLUTIONS LLP. be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact FLIPSOLUTIONS LLP. at support@Flipclip.com and FLIPSOLUTIONS LLP. will seek to prevent continuance of such distribution where FLIPSOLUTIONS LLP. is reasonably able to do so; and
- in no event shall FLIPSOLUTIONS LLP. total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) Flipclipor any of its services or features, exceed one hundred pounds sterling (£100.00). This does not affect any liability that cannot be excluded or limited under applicable law.
- Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) Flipclipor any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred pounds sterling (£100.00).
- User indemnification
- By using Flipclip, you agree to indemnify and hold harmless FLIPSOLUTIONS LLP. and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:
- your use of Flipclipor any of its services or features;
- any User Content created, published, or otherwise made available on Flipclipby you;
- any transaction or interaction between you and any other User of Flipclip; and/or
- your violation of the Terms or any applicable law.
- Notwithstanding FLIPSOLUTIONS LLP.’s appointment as the Creator’s agent to pay the Creator Commission, FLIPSOLUTIONS LLP., the Follower and Creator are independent contractors and are responsible for meeting all of their respective legal or statutory obligations. This extends to the payment of any taxes or other payments properly demanded by a regulatory authority. Should a User fail to meet those obligations then the User shall indemnify FLIPSOLUTIONS LLP. for any loss or expense, including management time that is as a consequence incurred by FLIPSOLUTIONS LLP..
- Governing Law and Dispute Resolution
- You and FLIPSOLUTIONS LLP. agree that these Terms shall be governed by and construed in accordance with the laws of Republic of India (without regard to the conflict of laws provisions thereof) and that any dispute between you and FLIPSOLUTIONS LLP. concerning Flipclipor arising out of or related to these Terms shall be resolved exclusively in the courts of Republic of India.
- Except where prohibited by applicable law, any claim or cause of action by you concerning Flipclipor arising out of or related to these Terms must be FLIPSOLUTIONS LLP. within one year after such claim or cause of action arose, or be forever barred.
- Waiver and Severability
- No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- General
- The Terms constitute the sole and entire agreement between you and FLIPSOLUTIONS LLP. regarding the Website/Mobile app and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website/Mobile app.
- The Contracts (Rights of Third Parties) Act 1999 is excluded.
- Contact
If you have any questions, comments, complaints or concerns about Flipclip, please contact our support team at support@Flipclip.com
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