TERMS AND CONDITIONS

Your use of this website (the “Website”) and any of the products offered on the Website (the “Products”) is subject to these general terms and conditions (the "Terms"). Your use of the Website constitutes your binding acceptance of the Terms and the Privacy Statement. The Privacy Statement can be found here

For the purposes of these Terms “Flipleaf” includes reference to its subsidiaries, affiliates, successors and assigns.

Flipleaf may at its sole discretion modify these Terms at any time without notice to you by posting revised Terms on the Website. Your continued use of the Website and/or any of the Products following the posting of revised Terms will mean that you accept and agree to such revised Terms.

1. Content

1.1 All text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Flipleaf, and is protected by copyright, patent and trade mark laws, and various other intellectual property rights and unfair competition laws.

 

1.2 Except as expressly provided in these Terms (or, in the case of User Submissions permitted by Account holders), no part of the Website, no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Flipleaf’s express prior written consent.

 

2. Your Use of the Website

 

2.1 You may not use any “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Flipleaf expressly reserves the right to bar any such activity.

 

2.2 You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Flipleaf server, or to any of the products or services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

 

2.3 You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

 

2.4 You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Flipleaf, including any Flipleaf Account not held by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

 

2.5 You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Flipleaf or others.

 

2.6 You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Website or the Products.

 

2.7 You agree not to modify the software underlying the Website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to the Website.

 

2.8 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

 

2.9 You acknowledge and agree that Flipleaf accepts no responsibility for the content of User Submissions, including, without limitation, the accuracy, usefulness, safety or intellectual property rights of or relating to User Submissions. You understand that you may be exposed to User Submissions that are obscene, indecent, abusive, defamatory or otherwise objectionable and you agree to and hereby waive any legal or equitable rights or remedies you have or may have against Flipleaf with respect thereto.

 

2.10 You agree to comply with the terms and conditions of these Terms and all applicable law.

 

2.11 Use of the Website is subject to existing laws and legal process. Nothing contained in these Terms shall limit Flipleaf’s right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Website.

 

2.12 Flipleaf reserves the right to advertise on the Website.

 

3. Accounts and User Submissions

 

3.1 Flipleaf requires registration information from you to create an account with Flipleaf (“Account”). You agree to provide Flipleaf with true, accurate, current, and complete information and to promptly update your registration to keep it accurate, current, and complete. You are solely responsible for any and all activity that occurs on your Account and for keeping your password secure. You must notify Flipleaf immediately of any breach of security or unauthorised use of your Account. You may never use another person’s Account without their permission.

 

3.2 If you register a username and password on the Website in order to create an Account and choose a username that, in Flipleaf’s sole discretion, is obscene, indecent, abusive or that might otherwise subject Flipleaf to public disparagement or scorn, Flipleaf reserves the right, without prior notice to you, to automatically change your username, deny you access to the Website, or any combination of these options.

 

3.3 In order to upload User Submissions, you must purchase upload credits (“Credits”). By purchasing Credits you declare in a binding manner that you wish to acquire the Credits ordered.

 

3.4  Payment for Credits must be made by credit card/debit card and you will not be able to obtain Credits and until Flipleaf is satisfied in its sole discretion that Flipleaf has received such payment.

 

3.5  Flipleaf is entitled to change the prices of Credits at any time. Any change in price will not apply to Credits already purchased from Flipleaf.

 

3.6  You acknowledge and agree that Flipleaf will not refund any monies for unused Credits at any time.

 

3.7  As a Flipleaf Account Holder, you have the right to upload content (“User Submissions”). You are responsible for the correct uploading of your User Submissions. Flipleaf shall not be held liable for errors or omissions in any User Submission.

 

3.8  You acknowledge and agree that you shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. You warrant and affirm that:

 

  • You are authorised and are fully able and competent to enter into and abide by these Terms;
  • You have the necessary and required licences, rights, consents and permissions to use and to authorise Flipleaf to use all copyright, patent, trade marks, other intellectual property rights and other proprietary rights in and relating to your User Submissions to enable the inclusion and use of your User Submissions in the manner contemplated by the Website and these Terms;
  • You will not submit material that is protected by copyright, patent, trade mark trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Flipleaf all of the license rights granted herein;
  • Any copyright, patent, trade mark, intellectual property or other material contained in your User Submissions will not infringe the copyright, patent, trade mark and other intellectual property rights or any other right of any person. Flipleaf will remove any User Submission if properly notified that its content infringes a third party’s intellectual property rights; and
  • You will not submit material in your User Submissions that, in Flipleaf’s sole discretion, is obscene, indecent, abusive, defamatory or that might otherwise subject Flipleaf to public disparagement or scorn. You acknowledge and agree that Flipleaf may, without notice and at its sole discretion, remove such User Submissions, and/or terminate your Account and deny you access to the Website for violation of these Terms at any time.

3.9 You retain all of your ownership rights in your User Submissions. You hereby grant Flipleaf a worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Flipleaf Website and Flipleaf's business, including without limitation for promoting and redistributing part or all of the Flipleaf Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Flipleaf Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after your User Submissions are removed or deleted from the Website. You understand and agree, however, that Flipleaf may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.

 

3.10  You acknowledge that Flipleaf does not guarantee any confidentiality with respect to any User Submission.

 

3.11  Flipleaf may terminate your Account at any time with immediate effect. You may instruct Flipleaf to terminate your Account at any time. Flipleaf will process the closure of your Account as quickly as possible.

 

4. Data Protection

 

4.1 By creating an Account, you expressly consent to the processing of the personal and other data made known to Flipleaf and necessary for holding an Account with Flipleaf. Flipleaf shall comply with all of its obligations as a data controller in relation to your personal information pursuant to the Data Protection Acts 1988-2003.

5. Privacy Policy

 

5.1 Use of the Website and all of the information that Flipleaf collects from you, such as registration and credit card information, is subject to Flipleaf’s privacy policy. Flipleaf’s privacy statement may be viewed at here 

6. Disclosure of Your Information

 

6.1 Notwithstanding clauses 4 and 5 above, you hereby give your consent and accept and agree that Flipleaf may disclose any information it holds relating to you to outside parties where:

 

(a) Flipleaf has a good faith belief that such action is necessary to protect its rights;

(b) Flipleaf has a good faith belief that you have committed an unlawful action;

(c) Flipleaf has a good faith belief that the legitimate rights of a third party appear to have been interfered with; or

(d) a court or tribunal orders disclosure.

 

6.2 You acknowledge and agree that Flipleaf may preserve any transmittal or communication by you through the Website.

 

7. Links to Other Websites

 

7.1 The Website may contain links to other independent third-party Websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under Flipleaf’s control, and Flipleaf is not responsible for and does not endorse the content, privacy policies or practices of such Linked Websites, including any information or materials contained on such Linked Websites. By using the Website, you expressly relieve Flipleaf from any and all liability arising from your use of Linked Websites.

 

8. Disclaimers

8.1 The Website, the Products and the Content are provided on an "AS IS" basis, without any express or implied warranty of any kind, including without limitation warranties of merchantability and fitness for a particular purpose.

 

8.2 Flipleaf is not responsible for any indirect, special, incidental, or consequential damages of any character whatsoever including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses howsoever caused.

 

8.3 Flipleaf disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website and/or the Products. You assume total responsibility for your use of the Website and any Linked Websites. Your sole remedy against Flipleaf for dissatisfaction with the Website or any Content is to stop using the Website or any such Content.

8.4 Flipleaf disclaims any and all liability for damage caused as a result of circumstances of force majeure beyond Flipleaf’s control, including, without limitation, flood, fire, lighting strike, acts of terrorism, war, strike, stoppage or lockout, internet overload, system breakdown and/or faults, interruptions or interferences in or caused by third parties’ networks.

 

8.5 Flipleaf makes no representation that the Website is appropriate or available for use in any location or jurisdiction.

 

8.6 Provision of the Products shall not create any obligation for Flipleaf to continue to develop, support, repair, offer for sale or in any other way continue to provide or develop the Products either to you or to any other party.

 

8.7 Flipleaf will not be liable to you for any unauthorised use of your Account.

 

8.8 Flipleaf reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

9  Limitation of Liability

 

9.1 Except where prohibited by law, in no event will Flipleaf be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, howsoever caused, even if Flipleaf has been advised of the possibility of such damages.

 

10 Indemnity

10.1 You agree to hold harmless and indemnify Flipleaf, and its officers, agents and employees from and against any claim arising from or in any way related to:

 

  • your use of the Website and/or the Products and/or any User Submission;
  • your violation of any term or warranty of the Terms;
  • your violation of any third party right, including, without limitation, the copyright, patent, trade mark, other intellectual property right or privacy right or any third party;
  • any of your User Submissions causing damage to a third party;

including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature. The provisions of this Term shall survive the Terms and your use of the Website.  

11 Severability

 

11.1 If at any time, any one or more of the provisions in these Terms (or any clause or any part thereof) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed to be omitted from these Terms and the validity and or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

12 Entire Agreement

 

12.1 In conjunction with the Privacy Statement, these Terms constitute the entire agreement between you and Flipleaf with regard to your use of the Website. Flipleaf will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected.

 

13 Non-Waiver

 

13.1 Flipleaf’s rights and remedies shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by Flipleaf nor by any failure of or delay by Flipleaf in asserting any such rights or remedies.

 

14 Jurisdiction

 

14.1 These Terms shall be construed in accordance with Irish law, and the parties irrevocably consent to the exclusive jurisdiction of the Irish Courts.