Effective Date: June 29, 2020
Terms and Conditions Version: 1.1
Platform Contact Information:
Garden City, New York 11530 USA.
This page represents a legal document and is the Terms and Conditions (Agreement) for our Website, www.flippick.com, and our Mobile Application, collectively and hereinafter called “Platform.”
The terms "us", "we", and "our" refer to our company Flippick Inc., the owner of the Platform.
A “Visitor” is someone who merely browses our Platform. A “Member” is someone who has registered with us to use our Platform. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Account” refers to an account created by a User.
The term “PD” means any personal data relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
The term “Transaction” refers to the deposit of monies into your Account, withdrawal of monies from your Account, transfer of monies to or from our Platform, or transfer of monies from one User Account to another User Account.
The term “Prediction” refers to a member's opinion of the outcome of a specific sporting event.
The term “Guaranteed Pick” is a Prediction sold by a User where the User guarantees that the Prediction will be correct, and if it is not correct (if it pushes / ties or loses), the Prediction buyer is fully refunded for their purchase, and the Prediction seller earns nothing and is transferred no monies.
The term “Paid Pick” is a Prediction sold by a User which is a one-time purchase resulting in a transfer of monies from one User Account to another User Account, and is always non-refundable (except in the instance of a sporting event postponing or cancellation) regardless of the outcome of the Prediction.
The term “Inside Information” can be defined as any information which has not been made public, and if it would be made public, it would have a material effect on the sporting event’s relevant market.
All text, information, graphics, design, and data offered through our Platform, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and Flippick Inc.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR PLATFORM CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR PLATFORM IMMEDIATELY AND DO NOT USE IT ANY FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Flippick Inc. and supersedes all other Agreements, representations, warranties, and understandings concerning our Platform, and the subject matter contained herein. However, for you to use our Platform, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Our Privacy Notice is considered part of this Agreement and is available for you to review by clicking on this link.
Our Platform Is Not A Sports Betting Platform
It is important to understand that our Platform is NOT a sports betting or sports gambling website and does not accept or place wagers of any type, in any capacity. Additionally, our Platform does not endorse or encourage illegal gambling of any sort. All information and services provided by our Platform are for entertainment purposes only.
Our Platform provides a variety of features and functionality, including the ability to interact with other Users, follow other Users, view Predictions, purchase Predictions, make Predictions, sell Predictions, view sports betting lines and odds, maintain, track, and display statistical data and information, and other interactive and non-interactive features and functionality.
To use our Platform, you will be required to create an Account. In creating an Account, you will be required to provide certain personal information about yourself, including but not limited to your name and e-mail address. You agree to provide complete and accurate information about yourself as requested to create your Account. Furthermore, you agree to update your personal information immediately should any modifications be required to ensure that your personal information is always complete, accurate, and up-to-date.
We only allow one Account per customer. You acknowledge and agree that you will not create multiple Accounts under common control. Additionally, you understand and agree that you are creating a non-transferable Account which is to be used solely for your personal use and never by anyone other than you, and you will not attempt to sell or otherwise transfer the benefit of your Account to anyone else nor will you attempt to purchase or otherwise acquire an Account which has been created by another person(s). Further, you agree that you will not collaborate or collude with any other User in any way, including the purchasing or selling of Predictions between one another for monetary gain or otherwise, in your use of our Platform. Should we suspect that you have opened multiple Accounts under common control, you have attempted to transfer or acquire a third-party Account, or that you are collaborating or colluding with other Users to take unfair advantage of our Platform and/or our Users, we retain the right to suspend, close, or terminate all suspected Accounts, withhold all funds linked to such suspected Accounts, and demand reimbursement for any liabilities, costs, claims, losses, and damages incurred by our Platform and its Users.
We will take reasonable steps to prevent unauthorized access to your Account and Account information. You are solely responsible for maintaining the security and confidentiality of your Account and agree to keep your e-mail address, username, and password strictly confidential. We are entitled to assume that all Transactions made on your Account are managed by you. To limit risk, you should create a complex password, change your password periodically, and never disclose your Account information to anyone else. We strongly recommend disabling automatic password memory in your browser to limit the risk of unauthorized access to your Account. Any failure to protect your Account information shall be at your sole risk and expense. Should another third party gain access to your Account, including unauthorized access, you are solely responsible for that third party’s actions. You agree to contact us immediately if you become suspicious of or made aware of any misuse of your Account, or have lost or forgotten your Account details so that we can take reasonable measures to prevent misuse.
Transaction, Deposits, and Transfer of Monies
Some of the services provided by the Platform will require the deposit of monies into your Account, withdrawal of monies from your Account, transfer of monies to or from our Platform, or transfer of monies from one User Account to another User Account. All Transactions are processed by a third-party payment processor and all monies are held within a third-party platform. You acknowledge that there is a risk of erroneous Transaction and agree to hold Flippick Inc. free from all liabilities, costs, claims, losses, and/or damages related to any incorrect Transaction that may result in an erroneous transfer of monies. Any monies which are transferred or credited to your Account as a result of an error shall not be withdrawn by you and shall be held by you and immediately repaid to us when a request for payment is made. In these circumstances, we reserve the right to reclaim these funds directly from your Account without any obligation to provide notice to you. We will use reasonable efforts to detect and notify you of any such errors identified relating to you, your Account, and your use of our Platform.
Flippick Inc. has the sole and absolute authority to set Transaction minimums and maximums at our discretion, including but not limited to deposit and withdrawal minimums and maximums, and Prediction sales price minimums and maximums. We have the sole and absolute authority to limit the number of Transactions you may complete in a certain period of time, including but not limited to weekly limitations on the number of deposits and withdrawals permitted. At our sole and absolute discretion, these Transaction related limitations may be modified at any time, and we have no obligation to notify you upon modification. The deposit and withdrawal of funds may take a few days to clear before they appear in your Account, during which the funds will be held in the applicable third-party payment processors account.
Transaction fees are charged when you deposit money into your account and withdraw money from your account. Deposit fees are only assessed on credit card and debit card deposits, and equal to thirty cents ($0.30 USD) flat fee per deposit, regardless of the amount deposited. If you make a deposit with a non-US credit card or debit card, you will be charged an additional 1%. These fees will be assessed to reimburse us for costs incurred and paid to the third-party payment processor. The applicable deposit fees and charges will be assessed and charged by us to you at the time of deposit.
Withdrawal fees will be assessed on every withdrawal request administered and calculated as two and nine-tenths of one percent (2.9%) of the withdrawal amount. These fees will be assessed to reimburse us for costs incurred and paid to the third-party payment processor. The applicable withdrawal fees and charges will be assessed and withheld by us at the time of withdrawal.
Note that our platform only accepts USD. Therefore, if you deposit monies into our Platform or withdraw monies from our Platform with a non-USD credit card, debit card, or bank account, in addition to the 1% deposit fee as explained above, there may be additional fees and applicable conversion rates administered by your credit card provider, debit card provider, and bank, which are all payable by you.
Purchasing and Selling Sports Predictions
Users are only able to make purchases up to the amount held within their Account. Additionally, you represent and agree to be held solely liable for the incurrence of all costs and furthermore the payment of such costs for all Transactions initiated on your Account.
The minimum and maximum limitations for all Transactions, for example, sales price limitations for each Prediction, is established exclusively by us and is further listed in detail when creating a Prediction. We reserve the right to modify limitations on all Transactions at our sole discretion, and with absolutely no obligation to notify you. Furthermore, we reserve the right to limit or reject any requested Transaction by you, including but not limited to the posting of Predictions or the withdrawals of monies (for example, limiting withdrawals to one withdrawal each week), at our sole and absolute discretion, with or without cause, and with absolutely no obligation to notify you upon doing so.
Once a Prediction has been confirmed, it can never be modified or deleted. Therefore, it is your responsibility to ensure that all details of your Prediction are correct before posting. If you have any concern as to whether your Prediction has been received, confirmed, and posted, please visit your profile webpage to verify that your Prediction is displayed, or contact us by using the information at the top of these Terms and Conditions. All Predictions must be made by using our Platform. All Predictions confirmed and posted on our Platform will have an associated “Pick Card Reference Number,” which can be used by you for tracking purposes.
When your Prediction is viewed by another User, either for free or as a result of a purchase WITHOUT the use of promotional, referral, or otherwise credit, you will be notified. We will charge a ten percent (10%) Transaction fee for the facilitation of Prediction sales on our Platform. This Transaction fee will be administered and applied every time a Prediction is sold on our Platform. Please note that Transaction Fees will only be administered upon the sale of a Prediction (if there is no sale, there is no Transaction Fee). All cleared monies from the sale of your Predictions will be added to your Account once the event has ended, less the applicable Transaction Fee.
All Transactions made on your Account, including but not limited to deposits, withdrawals, purchase of Predictions, and sale of Predictions, are recorded and retained by our Platform. We will take reasonable measures to ensure that all Transactions made on your Account are retained and displayed completely and correctly; however, you agree to hold us harmless should any Transaction retained and displayed be incomplete or inaccurate. Should you wish to review any or all Transactions made on your Account, you should navigate to the appropriate section of the “Manage Funds” webpage. If you identify an incomplete or inaccurate Transaction, you agree to notify us immediately upon identification so that we may take corrective actions.
Certain circumstances may arise in which a Prediction is determined to be void by us, for example, if a sporting event is canceled. In such circumstances, as a buyer, you will receive a refund for your Prediction purchase, and as a seller, you agree to forfeit all monies earned in relation to that Prediction, which will be refunded back to the buyer and automatically applied against your Account balance. Further, as a seller, you agree to hold such monies earned in your Account, and to never withdraw such monies in the instance of a voided Prediction.
Our Platform allows for the creation of Predictions up to the sporting event start time or a pre-determined time, whichever is earlier, and never for sporting events that are in progress or already completed. We reserve the right to void any Predictions confirmed and posted by you at our sole and absolute discretion, including but not limited to Predictions confirmed and posted in error after the earlier of the two aforementioned times, or Predictions confirmed and posted in which we feel at our sole and absolute discretion that the data provided for the Prediction, including but not limited to spreads and odds, is inaccurate. Should a dispute arise over the time in which a Prediction was made, the time at which the Prediction was confirmed and recorded (if confirmed and recorded) in our Platform’s Transactional log will govern the settlement. It is your responsibility to ensure that your Prediction has been received, confirmed, and posted, which can be done by visiting your profile webpage to verify that your Prediction is displayed, or by contacting us by using the information at the top of these Terms and Conditions. There may be instances where certain sporting events are not included on the Platform, or when all participants are not included in a sporting event. If you wish to make a Prediction on an unlisted sporting event or unnamed selection, please contact us and we will attempt to add this participant to our market.
By making a Prediction on our Platform, you confirm and represent that you are not prohibited from making Predictions by any term of your contract of employment, this Agreement, or any rule of a sport governing body or other professional body of which you are a member, including but not limited to athletes, coaches, and referees in any of the leagues offered by our Platform. Additionally, you agree that all Predictions created on your Account are original Predictions, and that you have not stolen, reused, or relied on any data or information from a third party in the creation of your Prediction.
Furthermore, you confirm and represent that you do not know or suspect the outcome of any sporting event that you are making a Prediction on, and that you are not misusing any “Inside Information” to make a Prediction. Additionally, you confirm that you will not make a Prediction on a sporting event in which the integrity of the sporting event has been called into question, including but not limited to an instance where you or someone connected to you has non-public knowledge relating to one or more of the participants in the sporting event, or that you or someone connected to you have used unfair external factors or influences in connection with the sporting event. If you breach this Agreement, we reserve the right to seize all funds in your Account, suspend, close, or terminate your Account, and contact the relevant governmental, regulatory, and law enforcement authorities.
If you are incorrectly awarded monies as a result of an error related to a Guaranteed Pick, like the Prediction you posted was incorrect, and monies were erroneously transferred into your Account in a Transaction, you agree to notify us immediately, withhold the related monies on behalf of the Platform, and remit the monies to the Platform immediately upon request by the Platform. Alternatively, if monies are taken from you as a result of an error related to a Guaranteed Pick, like the Prediction you purchased was incorrect, and monies were erroneously transferred out of your Account in a Transaction, you agree to notify us immediately so that we may take corrective actions to ensure that you are fully refunded for this error. It will take a minimum of two (2) days to facilitate this refund.
Promotions and Credits
In certain promotions, referrals, or other situations, we may issue credits to our Users at our sole discretion to be used for select products or services on our Platform. The amount of credits provided and limitations to the usage of such credits, for example what products or services they may be used on, are determined at our sole discretion. We reserve the right to modify the amount of credits provided and credit usage limitations at any time and without obligation to notify you. You acknowledge and agree that these credits contain no monetary value, can never be withdrawn as cash or cash equivalents or applied to a prior purchase, and may only be used on our Platform.
A User’s credit balance is mutually exclusive of all other monies in their Account. The usage of credits for our products or services cannot be combined with other monies held in a User’s Account, meaning that either credits can be used or actual monies can be used, but never a combination both.
The use of credits on our Platform is for the sole benefit of Users viewing Predictions and not for the benefit of Users selling Predictions. What this means is that when a User uses credits for the viewing of a Prediction, the User selling that Prediction shall receive absolutely no earnings and thus no transfer of monies into their Account. To further clarify, when credits are used by a User to view a Prediction, the credit balance of the User viewing the Prediction will decrease by the amount associated with that Prediction; however, the User selling the Prediction will receive no earnings and no transfer of monies when their Prediction is viewed with credits. Further, we have no obligation to notify a User when a Prediction that they made is viewed with credits. We reserve the right to rescind any and all credits from your Account at any time at our sole discretion, with or without cause, and with no obligation to notify you upon doing so.
In order to receive the reward of a promotion or referral, for example to receive a credit, you will be required to fulfill certain requirements, including but not limited to verifying the e-mail address and/or mobile number associated with your Account. We reserve the right to restrict promotions and referrals, either to individual Accounts or to all Accounts, at our sole discretion, and to add, limit, modify, or remove any promotions and referrals at our sole and absolute discretion, with or without cause, and without obligation to notify you.
Errors and Suspected Errors
We make strong efforts to ensure that no errors are made in connection with any Transactions that take place on our Platform. However, on occasion, human and/or system errors occur. We reserve the right to immediately correct all errors identified with absolutely no obligation to notify you of the correction, which may result in a Platform administered Transaction to either obtain funds from your Account or provide funds to your Account. Further, we reserve the right to void any Transaction administered by you where such errors have occurred, including but not limited to rejecting a withdrawal administered by you. Should monies be transferred from or added to a User’s Account in error, it is the User’s responsibility to notify us of the error immediately.
Any monies which are transferred to your Account as a result of an error shall not be withdrawn by you and shall be held by you and immediately repaid to us when a request for payment is made. In these circumstances, we reserve the right to reclaim these funds directly from your Account, or to offset them against any amounts deposited by you or earned by you as a result of the sale of a Prediction, with absolutely no obligation to provide notice to you. We will use reasonable efforts to detect and notify you of any such errors identified relating to you, your Account, and your use of our Platform as soon as reasonably possible. If you suspect or become aware of an error, you agree to immediately cease using our Platform, and notify us of the suspected or actual error immediately.
If you have used monies that have been transferred to your Account in error for products or services on our Platform (for example, to purchase a Prediction), we may void your Transaction without refund subsequent to the Transaction being made. Furthermore, we may reclaim such monies from your Account balance, or offset them against amounts deposited by you or earned by you as a result of the sale of a Prediction until we are compensated for the erroneous funds transferred to your Account.
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Flippick Inc. has a strict no refund policy except in the instance of a Guaranteed Pick, a cancelled or postponed sporting event, or an erroneous Transaction. All Transactions made on our platform, for example, purchasing a Prediction, are final. We will not refund you if you are unhappy with our Platform, our services, or our Content. We make no guarantee that our Platform, our services, or our Content will meet your expectations or satisfaction.
Important Note About Taxes
Flippick Inc. has absolutely no obligation to report any of your earnings, including but not limited to the sale of Predictions, as a result of your use of our Platform. You acknowledge and agree that you are solely responsible for recording, reporting, and paying any and all taxes that may be applicable to your use of our Platform to any and all relevant regulatory, governmental, and taxation authorities.
Any legal controversy or claim arising from or relating to this Agreement and/or our Platform, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – intellectual property and our Platform, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Nassau County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Nassau County, New York necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Nassau County, New York, and will be governed by and construed in accordance with the laws of the state of New York without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Platform must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Flippick Inc. grants you a nonexclusive, nontransferable, revocable license to access and use our Platform strictly in accordance with this Agreement. Your use of our Platform is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Platform may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Platform, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Flippick Inc.
Our Intellectual Property
Our Platform may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Platform does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Flippick Inc.
Our Content, as found within our Platform, is protected under the United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Platform does not grant you any ownership rights to our Content.
Eligibility and Registration for Membership
To use our Platform, you must register with us to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Platform is intended solely for Users who are at least eighteen (18) years of age or older. Any registration by, use of, or access to our Platform by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Platform, you represent and warrant that you are eighteen (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. Flippick Inc. has sole right and discretion to determine whether to accept a Member and may reject a Member’s registration with or without explanation.
When you complete the registration process, you will create a password that will allow you to access our Platform. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Platform cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Platform will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Platform will be correct, accurate, timely, or otherwise reliable. Flippick Inc. reserves the right at our sole discretion to change any content, software, and other items used or contained in our Platform at any time without notice.
Our Platform publishes content supplied by third parties, Users, advertisers, merchants, and sponsors. Flippick Inc. has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers and Users of our Platform, are those of the respective author(s) and not of Flippick Inc. We do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You hereby acknowledge that nothing contained in our Platform will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Flippick Inc. or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Platform.
Flippick Inc. is not responsible or liable in any manner for any Content posted on our Platform, whether posted or caused by Members of our Platform, or by Flippick Inc. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Platform, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Platform. Flippick Inc. is not responsible for the online or offline conduct of any User of our Platform.
Our Platform may be temporarily unavailable from time to time for maintenance or other reasons. Flippick Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
Flippick Inc. is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of e-mail on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Platform, including, without limitation, any software provided through our Platform.
Under no circumstances will Flippick Inc. be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Platform, or any interactions between Users of our Platform, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Platform by third parties or by any of the equipment or programming associated with or utilized by our Platform.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR PLATFORM ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR PLATFORM MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
Flippick Inc., INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR PLATFORM. Flippick Inc. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR PLATFORM, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Flippick Inc. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PLATFORM, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, PLATFORM, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR PLATFORM AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Flippick Inc.
OUR PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR PLATFORM WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL Flippick Inc. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR PLATFORM, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR PLATFORM, EVEN IF Flippick Inc. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Flippick Inc.’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Members may post their content through our Platform (Member Content). Members and Visitors understand that by using our Platform, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Flippick Inc. is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Flippick Inc. will submit all necessary information to relevant authorities.
If any Member Content is reported to Flippick Inc. as being offensive or inappropriate,
we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Flippick Inc. If the Member fails to meet such a request,
Flippick Inc. has full authority to restrict the Member’s ability to post Member Content or to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Platform to infringe on the intellectual property rights of others in any way. In accordance with The Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Platform to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
1. Violates any local, state, federal, or international laws
2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
4. Links directly or indirectly to any materials to which you do not have a right to link
5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers, credit card numbers, debit card numbers, and bank account numbers
6. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Platform
7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
8. In the sole judgment of Flippick Inc. is objectionable or restricts or inhibits any other person from using or enjoying our Platform, or which may expose Flippick Inc., our affiliates, or our Users to any harm or liability of any type
Use our Content to:
1. Develop competing Platform
2. Create compilations or derivative works as defined under United States copyright laws
3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
4. Decompile, disassemble, or reverse engineer our Platform, and any related software
Use of Information
You grant Flippick Inc. a license to use the information and materials you post to our Platform. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Platform, you are granting Flippick Inc., its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of Flippick Inc., its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Platform, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Platform
You may provide links to our Platform provided that (a) you do not remove or obscure any portion of our Platform by framing or otherwise, (b) your services do not engage in illegal or pornographic activities, and (c) you cease providing links to our Platform immediately upon our request.
Links to Other Websites
Our Platform may from time to time contain links to third-party websites. Inclusion of links for any website on our Platform does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Flippick Inc. has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand how they govern your use of their website, what information is collected, and how it is used.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under this agreement will terminate without our notice if you fail to comply with any term of this Agreement. Upon termination, you will stop representing yourself as a registered Member. You must delete or destroy any information or content (including all copies) obtained from our Platform. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Platform.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by e-mail or in writing. We will also post these changes on our Platform. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Platform after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Platform.
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