the fine print.

Terms of Service

Last updated: August 15, 2017

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the FlipperSplash mobile application (the

"Service") operated by FlipperSplash Inc ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your

acceptance of and compliance with these Terms. These Terms apply

to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these

Terms. If you disagree with any part of the terms then you do not have

permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to

newsletters, marketing or promotional materials and other information

we may send. However, you may opt out of receiving any, or all, of

these communications from us by following the unsubscribe link or

instructions provided in any email we send.

Subscriptions

Some parts of the Service are billed on a subscription basis

("Subscription(s)"). You will be billed in advance on a recurring and

periodic basis ("Billing Cycle"). Billing cycles are set either on a

monthly or annual basis, depending on the type of subscription plan

you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically

renew under the exact same conditions unless you cancel it or

FlipperSplash Inc cancels it. You may cancel your Subscription

renewal either through your online account management page or by

contacting FlipperSplash Inc customer support team.

A valid payment method, including credit card, is required to process

the payment for your Subscription. You shall provide FlipperSplash

Inc with accurate and complete billing information including full name,

address, state, zip code, telephone number, and a valid payment

method information. By submitting such payment information, you

automatically authorize FlipperSplash Inc to charge all Subscription

fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, FlipperSplash Inc

will issue an electronic invoice indicating that you must proceed

manually, within a certain deadline date, with the full payment

corresponding to the billing period as indicated on the invoice.

Free Trial

FlipperSplash Inc may, at its sole discretion, offer a Subscription with

a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign

up for the Free Trial.

If you do enter your billing information when signing up for the Free

Trial, you will not be charged by FlipperSplash Inc until the Free Trial

has expired. On the last day of the Free Trial period, unless you

cancelled your Subscription, you will be automatically charged the

applicable Subscription fees for the type of Subscription you have

selected.

At any time and without notice, FlipperSplash Inc reserves the right to

(i) modify the terms and conditions of the Free Trial offer, or (ii) cancel

such Free Trial offer.

Fee Changes

FlipperSplash Inc, in its sole discretion and at any time, may modify

the Subscription fees for the Subscriptions. Any Subscription fee

change will become effective at the end of the then-current Billing

Cycle.

FlipperSplash Inc will provide you with a reasonable prior notice of

any change in Subscription fees to give you an opportunity to

terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change

comes into effect constitutes your agreement to pay the modified

Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by

FlipperSplash Inc on a case-by-case basis and granted in sole

discretion of FlipperSplash Inc.

Content

Our Service allows you to post, link, store, share and otherwise make

available certain information, text, graphics, videos, or other material

("Content"). You are responsible for the Content that you post on or

through the Service, including its legality, reliability, and

appropriateness.

By posting Content on or through the Service, You represent and

warrant that: (i) the Content is yours (you own it) and/or you have the

right to use it and the right to grant us the rights and license as

provided in these Terms, and (ii) that the posting of your Content on

or through the Service does not violate the privacy rights, publicity

rights, copyrights, contract rights or any other rights of any person or

entity. We reserve the right to terminate the account of anyone found

to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post

or display on or through the Service and you are responsible for

protecting those rights. We take no responsibility and assume no

liability for Content you or any third party posts on or through the

Service. However, by posting Content using the Service you grant us

the right and license to use, modify, perform, display, reproduce, and

distribute such Content on and through the Service.

FlipperSplash Inc has the right but not the obligation to monitor and

edit all Content provided by users.

In addition, Content found on or through this Service are the property

of FlipperSplash Inc or used with permission. You may not distribute,

modify, transmit, reuse, download, repost, copy, or use said Content,

whether in whole or in part, for commercial purposes or for personal

gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are

above the age of 18, and that the information you provide us is

accurate, complete, and current at all times. Inaccurate, incomplete,

or obsolete information may result in the immediate termination of

your account on the Service.

You are responsible for maintaining the confidentiality of your account

and password, including but not limited to the restriction of access to

your computer and/or account. You agree to accept responsibility for

any and all activities or actions that occur under your account and/or

password, whether your password is with our Service or a third-party

service. You must notify us immediately upon becoming aware of any

breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity

or that is not lawfully available for use, a name or trademark that is

subject to any rights of another person or entity other than you,

without appropriate authorization. You may not use as a username

any name that is offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by

users), features and functionality are and will remain the exclusive

property of FlipperSplash Inc and its licensors. The Service is

protected by copyright, trademark, and other laws of both the United

States and foreign countries. Our trademarks and trade dress may not

be used in connection with any product or service without the prior

written consent of FlipperSplash Inc.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that

are not owned or controlled by FlipperSplash Inc

FlipperSplash Inc has no control over, and assumes no responsibility

for the content, privacy policies, or practices of any third party web

sites or services. We do not warrant the offerings of any of these

entities/individuals or their websites.

You acknowledge and agree that FlipperSplash Inc shall not be

responsible or liable, directly or indirectly, for any damage or loss

caused or alleged to be caused by or in connection with use of or

reliance on any such content, goods or services available on or

through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy

policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the

Service immediately, without prior notice or liability, under our sole

discretion, for any reason whatsoever and without limitation, including

but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue

using the Service.

All provisions of the Terms which by their nature should survive

termination shall survive termination, including, without limitation,

ownership provisions, warranty disclaimers, indemnity and limitations

of liability.

Indemnification

You agree to defend, indemnify and hold harmless FlipperSplash Inc

and its licensee and licensors, and their employees, contractors,

agents, officers and directors, from and against any and all claims,

damages, obligations, losses, liabilities, costs or debt, and expenses

(including but not limited to attorney's fees), resulting from or arising

out of a) your use and access of the Service, by you or any person

using your account and password; b) a breach of these Terms, or c)

Content posted on the Service.

Limitation Of Liability

In no event shall FlipperSplash Inc, nor its directors, employees,

partners, agents, suppliers, or affiliates, be liable for any indirect,

incidental, special, consequential or punitive damages, including

without limitation, loss of profits, data, use, goodwill, or other

intangible losses, resulting from (i) your access to or use of or inability

to access or use the Service; (ii) any conduct or content of any third

party on the Service; (iii) any content obtained from the Service; and

(iv) unauthorized access, use or alteration of your transmissions or

content, whether based on warranty, contract, tort (including

negligence) or any other legal theory, whether or not we have been

informed of the possibility of such damage, and even if a remedy set

forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided

on an "AS IS" and "AS AVAILABLE" basis. The Service is provided

without warranties of any kind, whether express or implied, including,

but not limited to, implied warranties of merchantability, fitness for a

particular purpose, non-infringement or course of performance.

FlipperSplash Inc its subsidiaries, affiliates, and its licensors do not

warrant that a) the Service will function uninterrupted, secure or

available at any particular time or location; b) any errors or defects will

be corrected; c) the Service is free of viruses or other harmful

components; or d) the results of using the Service will meet your

requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or

the exclusion or limitation of liability for consequential or incidental

damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the

laws of Florida, United States, without regard to its conflict of law

provisions.

Our failure to enforce any right or provision of these Terms will not be

considered a waiver of those rights. If any provision of these Terms is

held to be invalid or unenforceable by a court, the remaining

provisions of these Terms will remain in effect. These Terms

constitute the entire agreement between us regarding our Service,

and supersede and replace any prior agreements we might have had

between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these

Terms at any time. If a revision is material we will provide at least 30

days notice prior to any new terms taking effect. What constitutes a

material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions

become effective, you agree to be bound by the revised terms. If you

do not agree to the new terms, you are no longer authorized to use

the Service.

Contact Us

If you have any questions about these Terms, please contact us.