FlipOutz.com Terms & Conditions

Effective October 10, 2009

Flipoutz, LLC owns and operates Flipoutz.com (collectively "Flipoutz", "we", "us", "our website" or "the site"). These terms of use ("Terms of Use") constitute a binding agreement between Flipoutz and you governing your use of Flipoutz. By using Flipoutz, you agree to be bound by all of the terms and conditions of the Terms of Use, regardless of whether you use Flipoutz to post any of your own materials or to view materials posted by other people. Flipoutz reserves the right to modify the Terms of Use at any time. Flipoutz will notify you of any changes in the manner described below. Your continued use of Flipoutz after Flipoutz modifies the Terms of Use will mean you agree to the Terms of Use as modified. If you do not agree to any modification, you should stop using Flipoutz immediately. You should return to this page on a regular basis to view any modification to the Terms of Use.

NON-COMMERCIAL USE
You are granted a limited, revocable, non-exclusive, non-transferable license to use Flipoutz solely in accordance with the Terms of Use and solely for your own personal, non-commercial purposes.

MEMBER CONDUCT
Flipoutz’s Terms of Use include the Rules of Member Conduct below. These rules apply to any and all content you post on Flipoutz ("Content"). These rules also apply to any other use you may make of Flipoutz ("Conduct"). Notwithstanding any provision of the Rules of Member Conduct, Flipoutz reserves the right not to post or to remove any Content at any time, without notice, for any reason or no reason, in Flipoutz’s sole discretion.

The following is a list of Content and Conduct that violates the Rules of Member Conduct - you may not use Flipoutz to:

• upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;
• harm any user in any way;
• solicit personal information from anyone;
• impersonate any person or entity, including, but not limited to, a Flipoutz official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• provide a false birthday or age;
• upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, email or otherwise transmit any material that 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;
• "stalk" or otherwise harass another;
• collect or store personal data about other users;
• upload, post, or otherwise transmit any Content that provides instruction about illegal activities, including illegal drug use, child predation, terrorist activities, instructions in assembling or obtaining bombs or other weapons;
• upload, post, email or otherwise transmit any Content that encourages or promotes physical harm against any group or individual. This includes Content that encourages or promotes self-harm;
• interfere with or disrupt Flipoutz or the servers or networks used to provide or receive Flipoutz or disobey any requirement, procedure, policies and regulation of any networks used to provide and receive Flipoutz;
• intentionally or unintentionally violate any applicable local, state, national, foreign or international laws or regulation, including, any rule or regulation of any securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, any self-regulatory organization or the U.S. Securities and Exchange Commission.

Flipoutz has the right to determine whether any Content or Conduct violates the Rules of Member Conduct or the Terms of Use in its sole and absolute discretion.

You understand that all Content posted to the Website or otherwise transmitted via Flipoutz is the sole responsibility of the individual who originally posted the Content, and that your sole recourse for any damage you may suffer as a result of such content shall be to such individual. You agree that Flipoutz will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via Flipoutz, and you hereby release Flipoutz and its officers, directors, shareholders and employees therefrom. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Flipoutz reserves the right to preserve and disclose Content posted to or transmitted via Flipoutz if reasonably necessary to enforce this Agreement; comply with a legal process; protect the rights, property, or personal safety of any party.

Flipoutz reserves the right to take appropriate legal action against anyone who uses Flipoutz in violation of the Terms of Use. Whenever Flipoutz learns of any use of Flipoutz in violation of or that may be in violation of any applicable law, Flipoutz may report this to law enforcement authorities and otherwise cooperate with such authorities in their investigation.

CONTENT SUBMITTED TO FLIPOUTZ.COM
You retain all ownership rights to your Content. Except for its ownership of the collection of all content on Flipoutz, as described below, Flipoutz does not claim ownership of any Content you publish on Flipoutz. When you publish your Content on Flipoutz, you grant Flipoutz a temporary license to "rebroadcast" it. We need this license to be able to show your Content to other members and visitors. By publishing Content on Your Flipoutz Site you grant Flipoutz a world-wide, royalty-free, and non-exclusive license to reproduce, modify, distribute, transmit, publicly perform and publicly display the Content solely for the following purposes:

• Displaying, distributing and promoting Flipoutz
• Promoting and marketing Flipoutz’s products and services and general operation of the Flipoutz Service
• Promoting and marketing products and services related to your Content.

This license exists only for as long as the Content remains published on Flipoutz and only for as long you remain a Flipoutz member, except that you grant Flipoutz a continuing perpetual license and right to maintain a copy of your Content for archival purposes. This archival copy is not posted publicly on the Flipoutz system; it is maintained solely so that Flipoutz may recover content and restore accounts (in case of errors or system failure) or cooperate with law enforcement in order to make the Flipoutz service safer. Except for this license for archival use, in the event that you remove the Content or in the event that your membership is terminated, this license shall expire either immediately or upon termination of any promotional or marketing activities ongoing at the time.

COPYRIGHT INFRINGEMENT
You may not post, modify, distribute, or reproduce in any way any copyrighted material, belonging to others without obtaining their prior written consent. If you believe that your work has been copied and posted on Flipoutz in a way that constitutes copyright infringement, please visit see below for more information on how to report infringement of your copyright. After receipt of proper notice of copyright infringement Flipoutz will remove or disable access to the allegedly infringing material and notify the site owner via email or private message. Flipoutz may, in appropriate circumstances and at its discretion, terminate the accounts of users who may be repeat infringers. Flipoutz reserves the right to terminate your use of Flipoutz at any time and remove any infringing Content if you infringe the copyright rights of others.

To protect the rights of copyright holders, it is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe you’ve found an infringement of your copyrighted material, please follow these steps to file an official DMCA complaint:

To file a notice of copyright infringement, the notification must have the following:

1.Detailed description of the copyrighted work that was allegedly infringed upon, in the form of the original URL of the image, text, or page or other information that can specify the copyrighted work.

2.Detailed identification of the material, with enough information to locate the material. This includes what actions were taken in finding the material to the direct link to the infringing web page.

3.Information to allow the Flipoutz team to contact you directly (Email address is preferred.)

4.A statement that you in good faith believe that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

5.A sworn statement, made under penalty of perjury, that the information given is accurate and that you are authorized to act on behalf of the copyright holder or owner of an exclusive right.

6.An electronic signature (your full legal name) of a person authorized to act on behalf of the copyright holder or owner of an exclusive right that is allegedly infringed.

Send the written communication to the following address: Flipoutz.com, Attention: DMCA, PO Box 2443, Davidson NC 28036 or email: dmca@Flipoutz.com.

INDEMNITY
You agree to indemnify and hold Flipoutz, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, damage, claim or demand, including reasonable attorney fees, arising out of your Content, your use of Flipoutz, your connection to Flipoutz, your violation of the Terms of Use, or your violation of any rights of another, whether you are a registered user or not. You are solely responsible for your actions when using Flipoutz, including, but not limited to, costs incurred for Internet access.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF FLIPOUTZ IS AT YOUR SOLE RISK. FLIPOUTZ IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLIPOUTZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) FLIPOUTZ MAKES NO WARRANTY THAT (i) FLIPOUTZ WILL MEET YOUR REQUIREMENTS, (ii) FLIPOUTZ OR ANY SOFTWARE PROVIDED TO YOU THROUGH FLIPOUTZ WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FLIPOUTZ WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH FLIPOUTZ WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN  SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH FLIPOUTZ WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FLIPOUTZ IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLIPOUTZ OR THROUGH OR FROM FLIPOUTZ SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLIPOUTZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FLIPOUTZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE FLIPOUTZ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FLIPOUTZ; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON FLIPOUTZ; OR (v) ANY OTHER MATTER RELATING TO FLIPOUTZ.

APPLICABLE LAW
The laws of the State of North Carolina will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

Changes to Terms of use
When we make changes to the Terms of Use, we will notify you in one of two ways. First, if we want to use your data in a way that we previously didn’t tell you about ("material changes"), we will post the new Terms of Use and get consent before making changes. For other minor changes to the Terms of Use ("non-material changes"), we’ll post the new Terms of Use, list the date the changes were made at the top and include a link to the previous Terms of Use.