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.