Terms of service
2. Use of Service
3. Intellectual Property Rights
4. User Submissions and conduct
5. Members And Subscriptions
6. Limited Rights
7. Site security
8. Links to Other Websites
9. Representations and Warranties
10. Limitation of Liability
11. Consequences of violation of terms
12. Americans with Disabilities Act compliance
Terms of service
Flipsnack and the services provided ("Services") are maintained and operated by Flipsnack, LLC ("us", "we", "our", "the Company"). The present document and other documents that govern your relationship with Flipsnack (“Agreement”) are only available in English. Please read this Agreement carefully and make sure you understand it.
In the context of this Agreement, "Flipsnack" shall mean Flipsnack LLC and the Flipsnack website.
These Terms of Service (“Terms”) set forth the terms and conditions that apply to your use of Flipsnack. Furthermore, additional terms and conditions may apply to you depending on the services you use.
We may revise these Terms at any time, and you agree to be bound by the revised Terms. Any modification will become effective when it is first posted to Flipsnack.
If we modify the Services, or we modify these Terms, we will tell you a reasonable amount of time in advance of any modifications, however for modifications to the Terms or to the Service that we need to make to meet security, safety, legal or regulatory requirements; we may not be able to notify you in advance. Still, we will let you know as soon as possible.
We may notify you either by posting a new version of this Term of Service, notifying visitors on flipsnack.com that a new version has been posted, or by e-mail to the last known address on file.
Under this Agreement, "Services" shall mean any of the Internet-based or other services offered by the Company, including, but not limited to, those listed at the bottom of this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cell phone or otherwise.
"User Contributed Content" shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, greeting cards, "Skins", "Sketches" or files) uploaded by a user through the Service or otherwise integrated into the Service by a user.
"User Created Art" shall mean any intellectual property created by a user as part of his or her use of the Service.
If you breach these Terms and/or any other agreement with Flipsnack, your authorization to use Flipsnack automatically terminates.
2. Use of service
2.1 What Flipsnack provides
The Company grants you a non-exclusive, non-transferable, revocable, limited license to use the Service and related software and display the results of such Service. You agree not to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view, or alter any Company's source code or object code.
The Flipsnack service requires all persons to be at least 13 years old before creating an account. If you are between the age of 13 and the age of majority where you reside, your legal guardian must review and agree to the terms of service. Creating an account using false information is a violation of our Terms.
The Company grants you a limited, revocable license to post a copy of your User Created Content on your own website or on a third-party website that complies with all applicable laws and these Terms of Service.
You accept that your use of Flipsnack will subject you to advertisements on Flipsnack from Flipsnack.
Finally, the Company reserves the right to discontinue the Service or change the content of the Service in any way and at any time, with or without notice to you, without liability.
2.2 Use of the site
You represent and agree that:
You are able to enter into this agreement. You have the right, authority, and capacity to enter into the agreement represented by these Terms and to abide by all of the terms and conditions of these Terms;
If you are accepting these Terms and using the Services on behalf of a company, organization, institution, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
You do not collect or harvest any personal data of any user of the Site or the Service.
Except as expressly permitted, you will not copy, redistribute, publish or otherwise exploit material from the Service without the express prior written permission of the Company;
Any User Created Art is your original work, and your contribution to the User Created Art does not violate any third party's privacy rights, publicity rights, copyrights, or other intellectual property rights.
You agree to pay all royalties, fees, and any other amounts concerning your contribution to User Created Art;
You have the right to display each and every item of User Contributed Content that you have released through the Service, including the right to display all copyrights, trademarks, trade names, and similar intellectual property;
You do not rely on the Company to monitor or edit the Service;
The Service may contain content that you find offensive and waive any objections you might have with respect to viewing such content.
2.3 Account information
You must ensure that your account information (the information you provided when you registered for Flipsnack) remains current, complete, accurate, and truthful. All Flipsnack accounts are non-transferable, and any rights to them terminate upon the account holder’s death. You can change or correct your account information by logging into your Flipsnack account.
You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services.
Shared email addresses are prohibited and may result in account suspension or termination.
If you become aware that your account has been compromised, you should notify Flipsnack immediately. Without prejudice to your statutory rights, if you forget your password and cannot validate your account to Flipsnack, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.
3. Intellectual property rights
3.1 Your rights
You retain full ownership of your content ("User Content"). By "User Content," we understand both the stuff you upload on Flipsnack ("User Contributed Content") and the content you generated/published on Flipsnack ("User Created Content"). Flipsnack does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials ("User Content") that you post on Flipsnack. However, we need you to grant us certain rights in the "User Content" so that we can incorporate such "User Content" in our services. Without such rights, we may be violating copyright and other laws by storing, posting, backing up, and allowing the download of User Content on or through Flipsnack. Therefore, by displaying or publishing any content on or through Flipsnack, you hereby grant Flipsnack a non-exclusive, fully paid, and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and translate such content, including without limitation distributing part or all of the Site in any media formats through any media channels, except content not shared publicly ("private") which will not be distributed outside Flipsnack.
Flipsnack expressly disclaims any and all liabilities in connection with any User Contributed Content or User Created Art.
The materials found on the Site are protected by the United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement, and presentation of all materials (including information in the public domain) and the site's overall design are copyright © 2023, Flipsnack LLC. Permission is granted to view and print materials from the Flipsnack site for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of Flipsnack LLC, is strictly prohibited.
3.3 Flipsnack rights
All materials contained on Flipsnack are copyrighted by Flipsnack LLC and protected to the maximum extent permitted by copyright laws and international treaties. No person is authorized to use, copy, or distribute any portion of Flipsnack, including related graphics.
You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or purchasing any virtual goods.
We disclaim any liability related to the content of any such materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You acknowledge that it is our policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the sites or this service and that we reserve the right at all times to edit, refuse to post, or to remove any materials in whole or in part, that in our sole discretion, are objectionable or in violation of these terms.
3.4 Notification of claims of infringement
You may not post, modify, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the owner's prior written consent of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers. If you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please follow our Notice and Procedure for Making Claims of Copyright Infringement or contact our designated copyright agent at:
2250 Butterfield Dr., Suite 240
Troy, Michigan, 48084.
4. User submissions and conduct
Any Material you post publicly to Flipsnack will be accessible to all site users ("Users"). Furthermore, you acknowledge that any unauthorized commercial use of the Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions under your user ID or password, including the content of the materials you post on Flipsnack. Further, you agree not to:
Upload, post, or otherwise transmit any content that is adult in nature, such as any nudity in a sexual context, any content revealing exposed genitalia, or any content with adult themes;
Harm minors in any way;
Upload, post, or otherwise transmit any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity;
Upload, post, or otherwise transmit any material that defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
Upload, post, or otherwise transmit any material that constitutes a direct threat of violence against any person or group of people;
Impersonate another person or entity, including, but not limited to, a Member or Flipsnack official, to falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload files for the sole purpose of having them hosted by us and for use outside of a website created using the Service;
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. All this may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices; harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
Use the Service in connection with chain letters, junk e-mail, spamming, link spam, or any duplicative or unsolicited messages (commercial or otherwise);
Create a false identity or forged e-mail address or header, or otherwise, attempt to mislead others as to the identity of the sender or the origin of the message;
transmit through the Service any unlawful materials, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;
transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity;
transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots, or any other harmful or deleterious programs or scripts;
violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
interfere with or disrupt networks connected to the Service or violate the regulations, policies, or procedures of such networks;
attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service through password mining or any other means;
interfere with another User’s use and enjoyment of the Service.
Flipsnack reserves the right to terminate any account or user who has violated any of the above prohibitions.
5. Members and subscriptions
Flipsnack subscription fees are expressed in US dollars. Subscriptions will expire on specific dates that are shown in each user's account. The Company may charge fees for the right to use the premium version of the service or distribute premium memberships without charge, in its sole discretion. Regardless of the terminology used, Flipsnack memberships are not redeemable for any sum of money or monetary value from the Company at any time. You agree that the Company has the absolute right to manage, regulate, control, modify and/or eliminate such subscriptions as it sees fit in its sole discretion, in any general or specific case, and that the Company will have no liability to you based on its exercise of such right. The purchase price of subscriptions is expected to change over time.
We use auto-renewal for all of our subscriptions. At the expiration of each subscription term, we will automatically renew your subscription and charge the credit card or other payment method you have provided to us, unless you cancel your subscription at least 48 hours before the end of the current period. Unless otherwise stated in our Terms of service, your subscription will be automatically renewed at the same price, excluding promotional and discount pricing.
You agree and acknowledge that the Company may charge a fee in connection with any sale or exchange transaction, or deny any sell, buy, or trade order individually or with respect to general volume or price limitations set by the Company for any reason or for no reason at all. The Company may also discontinue any features in whole or in part at any time and for any reason.
5.2 All sales final
You agree that all sales of Virtual Goods by the Company are final, as are all sales or exchanges of Virtual Goods with other users through the Service. No refunds will be given except at the Company's sole and absolute discretion. In addition, all Virtual Goods will be forfeited if your account is terminated or suspended for any reason, in the Company's sole and absolute discretion, or if the Company discontinues providing the Service.
5.3 Refund policy
Flipsnack has a free version of the application, which can be used to test the functionality and assess the value of our product before the acquisition of a premium license. That is why Flipsnack does not generally offer refunds, except for rare occasions and at the company's sole and absolute discretion. Once a refund is issued, you can’t access any premium options. To request a refund, contact our customer support team. We will consider and review your refund request within seven days of the submission date.
6. Limited rights
Nothing in the Terms affects any legal rights that you are entitled to as a consumer under the EU law, which cannot be contractually altered or waived. If you reside in a European Union country, nothing in these Terms affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision that cannot be varied by contract. The European Commission provides an online dispute resolution platform, which you can access here.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Premium Service, you have no right or title in or to any Virtual Goods appearing or originating in the Service or any other attributes associated with the use of the Service or stored within the Service.
The Company has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Goods as it sees fit in its sole discretion, and the Company shall have no liability to you or anyone for the exercise of such rights.
You acknowledge that if the Company believes that any items in your account were received in connection with any fraud or other unfair dealing, or if the Company decides for any reason or no reason at all that it is in the best interests of the Company, the Company may delete items from your account.
7. Site security
We have incorporated all reasonable and commercially available measures to protect the site from unauthorized access.
7.1 Service reliability
We are using AWS (Amazon Web Services) as a third-party cloud provider. AWS is one of the most reliable, secure, and innovative cloud providers, with a 34% market share. All flipbooks and data are hosted and delivered using redundant services, including AWS EC2(Elastic Compute Cloud), AWS S3 (Simple Storage Service), and Cloudfront. Flipsnack cannot be held liable for any faults, failures, errors, or issues, including permanent data loss due to third-party server issues.
7.2 Bugs and issues
The Services licensed under Flipsnack network sites are tested over and over by our QA team; however, they may not function correctly, and they may have functional, conceptual, and/or documentation bugs and issues. In these cases, Flipsnack will try to fix the bugs, issues, and errors found and will supply the buyer with working updates.
7.3 System and network security
Violations of system or network security are prohibited and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your service use. You are solely responsible for any breaches of security affecting the servers under your control.
8. Links to other websites
9. Representations and warranties
9.1 Disclaimer of warranties
The information and materials on Flipsnack could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.
Flipsnack LLC makes no representations or warranties with respect to any digital products, services, information, materials, or graphics on the website, all of which is provided on a strictly "as is" and “as available” basis, without warranty of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, the company disclaims any warranties: (1) for the security, reliability, timeliness, accuracy, and performance of the sites and the service; (2) for other services or goods received through or advertised on the company sites or the sites or service, or accessed through any links on the site; (3) for viruses or other harmful components in connection with the sites or the service; or (4) any defamatory content uploaded by users.
You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity If you are using the Services on behalf of a company, business or other entity, or if you are using the Service for commercial purposes, you and the entity will hold harmless and indemnify the Company from any suit, claim or action arising from or related to the use of the Service or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.
9.3 Arbitration. Governing law
Any dispute, disagreement, or claim arising out of or in connection with this Agreement, including any questions regarding its breach, termination, enforcement, interpretation, or validity, shall be resolved through arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be held in English and conducted in a mutually agreed-upon location or online by a single arbitrator appointed by the AAA.
Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at email@example.com. The Dispute Notice must include the nature and basis of the claim or dispute, as well as the specific relief sought. If the parties are unable to resolve the dispute within thirty (30) days of receiving the Dispute Notice, either party may initiate arbitration proceedings.
The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and the arbitrator's award may be entered by any court with jurisdiction over the matter.
Each party is responsible for its own arbitration costs and expenses, including filing and legal fees. However, the arbitrator may award reasonable attorney's fees to the prevailing party.
By agreeing to this Agreement, both parties acknowledge and agree to waive their right to a jury trial and any participation in class actions or class-wide arbitration. This arbitration clause is binding and enforceable and shall remain valid even after the termination or expiration of this Agreement.
You acknowledge and agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
You further consent that this Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without reference to its conflicts of laws provisions.
For purposes of determining the governing law, you and Flipsnack agree that Flipsnack is the proponent of these Terms. Notwithstanding your and Flipsnack’s agreement to mandatory arbitration, either party may seek any interim or preliminary injunctive relief from a court of competent jurisdiction in San Francisco, CA, as necessary to protect the party's rights or property pending the completion of arbitration. You and Flipsnack submit to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in San Francisco, California, U.S.A.
10. Limitation of liability
Under no circumstances are we liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if we have been advised of the possibility of such damages) resulting from any aspect of your use of the sites or the service, whether the damages arise from use or misuse of the site or the service, from an inability to use the sites or the service, or the interruption, suspension, modification, alteration, or termination of the sites or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with our site or the service or any links on the site, as well as by reason of any information or advice received through or advertised in connection with the sites or the service or any links on the sites. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted, and some of the foregoing limitations may not apply to you.
11. Consequences of violation of terms
We may, without notice to you, suspend your Service or remove any materials transmitted via Flipsnack if it discovers facts that lead it to reasonably believe that our service is being used in violation of these Terms. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We will attempt to contact you prior to your suspension; however, prior notification is not assured.
You acknowledge that your use of the Service is conditioned upon your compliance with these Terms, and any use of the Service in violation of these Terms will not only be regarded as a breach of these Terms but also as an infringement of the Company's copyrights in and to the Service. The Company reserves the right to terminate your access to the Service without notice if you violate these Terms and/or pursue other remedies at law or in equity.
You acknowledge that we may delete your account for any reason or for no reason at all, and if we delete your account as provided in these Terms (for example, because you violate our Copyright Policy), you will lose all Virtual Goods in your account, whether those items were provided to you gratuitously, or due to a payment of cash or the performance of services, and in such event, the Company shall have no obligation to make any refund to you.
12. Americans with disabilities act compliance
If you need accommodation to use this website and/or are using a screen reader and having accessibility issues, we want to inform you that we made important steps towards making our entire website ADA & WCAG-compliant. Read more about our Accessibility statement.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
Copyright © 2019-2023 Flipsnack, LLC. All rights reserved. Flipsnack, LLC 37310 Ruth Dr, Sterling Heights, MI, 48312-1977, United States of America.