TERMS OF USE

ACCEPTANCE OF THE TERMS OF USE AND THE PRIVACY POLICY

  1. Terms of Use. Please read these Terms of Use (the "Terms") carefully because they are legally binding on you when you visit Flipvibe.com (the "Site," "us," "we" or "our"). These Terms were last updated on October 16, 2013. We may revise these Terms from time to time in any way we feel is appropriate without prior notice to you. Your continued use of the Site after we have posted the revised Terms constitutes your acceptance of the updated version. Therefore, please check this page periodically to take notice of any changes we made.
  2. Privacy Policy. Our Privacy Policy is another important document that is binding on you. It describes our practices for collecting, disclosing and storing your personal information. By visiting the Site, you accept the Privacy Policy.
  3. Failure to Accept. If you do not want to accept and agree to these Terms of Use or the Privacy Policy, you must exit the Site.

INTELLECTUAL PROPERTY

  1. Neutral Venue. Our Site is a neutral online platform that publishes content available from the Internet open sources. WE DISCLAIM ALL LIABILITY ARISING OUT OF YOUR USE OF OUR SITE. Links to third party advertisers do not constitute their endorsement of our Site or our endorsement of them. We are not responsible for any third party content.
  2. Site Content. You shall not copy, reproduce or replicate any Site content so as to cause confusion to the public as to the ownership or identity of the Site, the source of its content, or to adversely affect the brand image, reputation, sales and business of the Site.
  3. License to Your Content. By submitting any content to our Site (e.g. recommending an article, commenting on a post, or contacting other users), you warrant to us that you have legal right, whether by ownership, license, or otherwise, to transmit, display and authorize us to use that content. You grant us a worldwide, royalty-free, non-exclusive, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform data submitted by you for any purpose, including without limitation for promoting the Site in any media formats. You are solely responsible for ensuring that you do not infringe the rights of any third parties in such content and for any legal damages caused by transmission, use or display of any content. Should any of your content be found or alleged to be illegal, we will submit all necessary information to the proper authorities.
  4. Your Feedback. We shall own all right, title, and interest, without obligation to you, in the feedback and suggestions you provide.
  5. DMCA Takedown Procedure. We respect the intellectual property rights of others. We will address the claims of copyright infringement committed using our Site if such claims are reported to our designated copyright agent at contact@flipvibe.com. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material. In notifying us of alleged copyright infringement, include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  1. YOUR USE OF THE SITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL WE, OUR CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  2. UNDER NO CIRCUMSTANCES WILL THE SITE BE LIABLE FOR ANY AMOUNTS EXCEEDING $100. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST US MORE THAN SIX MONTHS AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.
  3. YOU AGREE THAT THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IS REASONABLE CONSIDERING THE SERVICE IS PROVIDED FREE OF CHARGE.

YOUR RESPONSIBILITIES

  1. By using this Site, you represent, warrant and agree that:
  2. You are at least 13 years of age.
  3. Any comments, feedback and content that you recommend or submit for publication on our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions.
  4. We may reject or erase any comments, feedback or content for any reason without prior notice to you, within our sole reasonable discretion.
  5. You may only use our Site content for personal, non-commercial purposes. Our Site content may not be copied for republication, either online or on paper, without prior express written permission from us.
  6. You will not send unsolicited bulk or commercial email messages ("spam") to other Site users or anyone else. Any unsolicited email must also not direct the recipient to any third party site or other resource.
  7. You will not access our Site in order to gain a competitive advantage.
  8. You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
  9. You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
  10. If you submit any inquiries, comments, feedback or content: (i) your submission does not violate these Terms of Use, the Privacy Policy, or any law, (ii) you agree to indemnify and hold the Site (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages arising out of or related to your submissions, a breach of these Terms of Use, or your violation of any law or the rights of a third party.
  11. All Site content is provided "as is" with no warranty of any kind and we may withdraw or modify any Site content without notice or liability to anybody. The use of and reliance on any Site content is at your own risk.

REMEDIES FOR BREACH

  1. We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Use, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody's personal safety or uses offensive language. We may, without limitation: (i) disclose user's identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user's IP address, notify user's Internet Service Provider, suspend or terminate any account on our Site, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms of Use or available under equity or law.
  2. Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Site, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees (judicial and extra-judicial), arising out of or in connection with (i) your use of the Site, (ii) your breach of these Terms, including any abusive or unlawful behavior on the part of you or your dependents, or (iii) your infringement of any intellectual property or privacy right of any person. This indemnification provision shall apply to third-party claims as well as claims between you and us.

DISPUTES BETWEEN USERS
As a neutral venue we do not offer mediation or any other dispute resolution services to Site users, although we do reserve the right to facilitate disputes in our sole discretion.

GOVERNING LAW AND JURISDICTION
The Site (but not any linked web sites) is controlled by DoMore Media, LLC, a Nevada limited liability company, from its offices in Las Vegas, NV. By accessing the Site, you agree that all matters relating to the use of the Site shall be governed by the laws of Nevada without regard to its conflict of law principles that would result in application of any other law. You also agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the courts located in Las Vegas, NV and acknowledge that you do so voluntarily, while remaining responsible for complying with your local laws.

MISCELLANEOUS

  1. Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
  2. Hyperlinks. You may link to our Site, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Site on any other site. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at our sole discretion, without obtaining your consent.
  3. Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent.
  4. No Waiver. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.
  5. Severability. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
  6. No Third Party Benefit. Nothing in these Terms shall confer or purport to confer upon any third party, any benefit, any right to claim damages or any right to enforce any provision of these Terms.

CONTACT US

Please direct your questions, comments or concerns to:

contact@flipvibe.com

Address:

FlipVibe
2360 Corporate Circle
Suite 400
Henderson, NV 89074

© 2013 Flipvibe.com