Terms and Conditions (If you live in the United States)
Last modified on March 6, 2017
Welcome to the terms and conditions for Flip Group Limited (“Flip”, our “Website” or “App”). We are thrilled you’ve decided to use Flip to find new dates.
This Terms and Conditions explain the rules governing your relationship with us. We understand the pain of reading legal mumbo jumbo and have tried to use little legalese while drafting the Agreement. You are encouraged to read the Agreement carefully as it is a binding contract between you and Flip. If you have any questions or concerns about the Agreement, please write to us at email@example.com.
By using our Website, you agree to abide by the Agreement. If you don’t want to abide by the Agreement, then please don’t use our Website.
ARBITRATION NOTICE: You will read about an ARBITRATION CLAUSE a little later on. YOU AND FLIP AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND FLIP WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who can use the Website
No one under 18 is allowed to create an account or use the Website. Please read all terms carefully. By using the Website, you state that:
- You can form a binding contract with Flip.
- You are not a person who is barred from receiving the Website under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
- You will comply with the Agreement and all applicable local, state, national, and international laws, rules, and regulations.
- You have never been convicted of a felony.
- You are not required to register as a sex offender with any state, federal or local sex offender registry.
2. Rights We Grant You
Flip.dating grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Website. This license is for the sole purpose of letting you use and enjoy the Website’s benefits in a way that the Agreement and our usage policies allow.
You may not copy, modify, distribute, sell, or lease any part of our Website, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission to do so.
3. Content on the Website
- Types of Content: In addition to content created by users, you will also see on the Website content from Flip or third-party advertisers.
- Ownership of Content: Our Website lets you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a worldwide royalty-free license to store that content.
- Responsibility of Content: Except for content placed by Flip, any content you see on the Website is the sole responsibility of the person that submitted it. Although Flip reserves the right to review or remove all content that appears on the Website, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Website.
- Content Subject to Deletion: While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates the Agreement. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Agreement.
- No Guarantee of Good Content: While we do not want the Website put to bad uses, we do not review all content and cannot guarantee that content on the Website will always conform to our Agreement or user guidelines.
- Advertisement Notice: You may see advertisements on the Website. In consideration for access to and right to use the Website, you agree that we and our third-party partners may place advertising on the Website. Because the Website contains content that you and other users provide us, advertising may sometimes appear near your content.
4. Content and Behavior Not Allowed on Flip
Flip respects the rights of others. And so should you. You therefore may not use the Website in a manner that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
- bullies, harasses, or intimidates.
- spams or solicits our users.
You must also respect Flip’s rights. The Agreement does not grant you any right to:
- use branding, logos, designs, photographs, videos, or any other materials used in our Website.
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Website or the content on the Website except as set forth in the Agreement.
- use the Website, any tools provided by the Website, or any content on the Website for any commercial purposes without our consent.
In short: You may not do things on the Website that the Agreement does not allow you to do. Nor may you help anyone else in doing so.
We try hard to keep our Website a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Website, you agree that:
- You will not use the Website for any purpose that is illegal or prohibited in the Agreement.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Website or extract other user’s information.
- You will not use or develop any third-party applications that interact with the Website or other users’ content or information without our written consent.
- You will not use the Website in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website, or that could damage, disable, overburden, or impair the functioning of the Website.
- You will not use or attempt to use another user’s account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Website.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Website that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Website or any system or network.
- You will not encourage or promote any activity that violates the Agreement.
We also care about your safety while using our Website. So we encourage you to use the same caution in disclosing details about yourself to third parties, online or offline, as you would under any other circumstances:
- Do not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, social security number, email addresses, URLs, credit/debit card or other banking details).
- If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk.
Flip will never send you an email asking for your username and password information. Any such request for information should be reported immediately.
6. Your Account
You are responsible for any activity that occurs in your Flip account. So it’s important that you keep your account secure. One way to do that is to select a b password that you don’t use for any other account.
By using the Website, you agree that, in addition to exercising common sense:
- You will not create more than one account for yourself.
- You will not create another account if we have already disabled your account, unless you have our written permission to do so.
- You will not buy, sell, rent, or lease access to your Flip account without our written permission.
- You will not share your password.
- You will not log in or attempt to access the Website through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately reach out to us at firstname.lastname@example.org .
7. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Website, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Website.
8. Modifying the Website and Termination
We’re relentlessly improving our Website and may add or remove features, products, or functionalities, and we may also suspend or stop the Website altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
- Your Right to Terminate: You'll have great fun on Flip, but if you feel the need to leave, you can delete your account at any time by going to the 'Settings' page.
- Termination by Us: Flip may also terminate the Agreement with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any services, or impose new or additional limits on your ability to use our Website. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
- What Happens to Your Account After Termination: Please expect that it may take a little while for content authored by you to be completely removed from the Website or the applicable mobile app. Additionally, we will save your profile information in case you realize you miss us and you decide to restore your account.
- Effect of Termination: Regardless of who terminates the Agreement, both you and Flip continue to be bound by Sections 3, 6, 9, 10, and 10-17 of the Agreement.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Flip, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Website; (b) your content; and (c) your breach of the Agreement.
Our mission is to keep the Website up and running and free of annoyances. But we make no promises that we will succeed.
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE FLIP ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE WEBSITE WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE WEBSITE WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE WEBSITE WILL BE TIMELY OR ACCURATE.
FLIP TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH FLIP WILL BE RESPONSIBLE FOR
11. Arbitration, Class-Action Waiver, and Jury Waiver
- Applicability of Arbitration Agreement. You and Flip agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to the Agreement or the use of the Website that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Flip are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of the Agreement.
- Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of the Agreement. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with the Agreement. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules.
- Location. Any arbitration held pursuant to this Agreement will be in the City of New York.
- Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
- Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Flip. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Flip.
- Waiver of Jury Trial. YOU AND FLIP.DATING WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Flip are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Flip over whether to vacate or enforce an arbitration award, YOU AND FLIP.DATING WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 11.
- Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
- Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Flip can force the other to arbitrate. To opt out, you must notify Flip in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username and the email address you used to set up your Flip account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement.
- Small Claims Court. Notwithstanding the foregoing, either you or Flip may bring an individual action in small claims court.
- Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Flip.
12. Limitation of Liability
When permitted by law, Flip and our directors, officers, stockholders, employees, licensors, and agents, will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your use of the Website or inability to use the Website; (b) your access to or inability to access the Website; (c) the conduct or content of other users or third parties on or through the Website; or (d) unauthorized access, use, or alteration of your content, even if Flip has been advised of the possibility of such damages.
13. Exclusive Venue
To the extent that the Agreement allows you or Flip to initiate litigation in a court, both you and Flip agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Agreement or the use of the Website will be litigated exclusively in the State of New York.
14. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of New York, other than its conflict-of-laws principles, govern the Agreement and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to the Agreement or its subject matter.
If any provision of the Agreement is found unenforceable, then that provision will be severed from the Agreement and not affect the validity and enforceability of any remaining provisions.
16. Respecting Copyright
Flip honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to remove from our Website any infringing material that come to our awareness. If you believe that anything on the Website infringes a copyright that you own or control, please contact us at: email: email@example.com .
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
- contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- identify the copyrighted work claimed to have been infringed.
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material.
- provide your contact information, including your address, telephone number, and an email address.
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
17. We May Change this Agreement from Time to Time
e may make changes to this Agreement from time to time, for reasons such as to reflect changes of the law, new features, or changes in business practices. We will notify you via email each time we make material changes to this Agreement. However, you are encouraged to regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the Website after the changes become effective, then you will be deemed to have accepted those changes.
We always love to hear from our users. But if you volunteer feedback or suggestions. No compensation is given for Information collected from users in such a manner; the data can be used for internal research, analytics or other features to improve the product.