Terms of Use
FLIP CANDYTM
- Message and data rates may apply.
- Customer Service Support: flipcare@flipcandy.com
- For help at any time, text HELP to 61253.
- To stop messages at any time, text STOP to 61253.
- Maximum of 8 messages per month.
- Carriers that support this program: Alltel, AT&T, Boost, Cellular One, Cellular
South, Centennial, Cincinnati Bell, Claro, Nextel, Sprint, T-Mobile, U.S. Cellular,
Verizon Wireless, Virgin Mobile, Bluegrass, Centennial Wireless, ECIT, EKN, Immix,
Inland Cellular, Illinois Valley Cellular, Revol, West Central Wireless
INTENDED AUDIENCE / USE
Thank you for visiting the FLIP CANDY website (the "Site" or “Sites”) brought to
you by MOBISIX dba FLIP CANDY ("we" or "us"). FLIP CANDY provides these websites
to you subject to these Terms of Use and all the information, communications, software,
scripting, photos, text, video, graphics, music, sounds, images and other materials
and services found on the Site (collectively "Content" or “Site Services”), is intended
for the lawful use of FLIP CANDY’s customers and members of the general public who
are 13 years of age or older, and citizens of the United States. Except as described
otherwise, all materials on this site are available to provide information about
FLIP CANDY and its services. FLIP CANDY controls and operates this site from the
United States of America and makes no representation that these materials are appropriate
or available for use in other locations. If you use this site from other locations
you are responsible for compliance with applicable local laws. You acknowledge that
FLIP CANDY reserves the right in its sole discretion to refuse or terminate access
to the Site by you at any time.
ACCEPTANCE OF TERMS
By using the Site Services you acknowledge you agree to be bound by these Terms
of Use and to comply with all applicable laws and regulations, including without
limitation U.S. laws and regulations. You further agree to comply with all local
laws, regulations and rules regarding online conduct and acceptable Content. You
represent you have the legal authority to accept these Terms of Use on behalf of
yourself or any party you represent. If you do not agree to these Terms, please
do not use the site.
COPYRIGHT AND RESTRICTIONS ON USE OF CONTENT
© 2009 FLIP CANDY. All Rights Reserved. The unauthorized copying, displaying or
other use of any Content from this site is a violation of the law. You acknowledge
having been advised by FLIP CANDY that the Content is protected in the U.S. and
internationally by a variety of laws, including but not limited to, copyright laws
and treaty provisions, trademark laws, patent laws and other proprietary rights
laws (collectively, "Rights"). In addition to FLIP CANDY's Rights in individual
elements of the Content, FLIP CANDY or its licensors own a copyright in the selection,
coordination and arrangement of the Content. You are hereby granted permission to
access the Content from the Site in whole or in part, solely for your personal,
non-commercial use of viewing and browsing through the Site or ordering products
or services from the Site. This permission terminates automatically if you breach
any of the web site Terms of Use. FLIP CANDY authorizes you to copy and display
the content herein for your personal, non-commercial use only. Any copy you make
must include this copyright notice. If attribution to FLIP CANDY is included, limited
quotations from the content are hereby permitted. FLIP CANDY does not grant you
any permission to use the Content other than the permission expressly stated in
these Terms of Use. All other use of Content from the Site, including, but not limited
to uploading, downloading, modification, publication, transmission, participation
in the transfer or sale of, copying, reproduction, republishing, creation of derivative
works from, distribution, display, incorporation into another web site, reproducing
the Site (whether by linking, framing or any other method), or in any other way
exploiting any of the Content, in whole or in part, or downloading and using software
repeatedly for uses other than those expressly permitted may not be made without
FLIP CANDY's prior express written consent.
TRADEMARKS AND INTELLECTUAL PROPERTY
There are a number of proprietary logos, service marks, trademarks, slogans and
product designations found on this Site. By making them available on this Site,
FLIP CANDY is not granting you a license to use them in any fashion. Access to this
Site does not confer upon you any license under any of FLIP CANDY's or any third
party's intellectual property rights.
All product names and services appearing in type form different from that of the
surrounding text are trademarks owned by, controlled, or licensed to FLIP CANDY,
its subsidiaries, parents or its affiliates. Trademarks owned by FLIP CANDY, its
subsidiaries, or affiliates. Any use or reproduction of any trademarks, logos, or
intellectual property is prohibited without the express authorization of the owner.
NO IMPLIED LICENSES
Nothing contained herein shall be construed as conferring by implication, estoppel,
or otherwise any license or right under any patent, trademark, or proprietary rights
of FLIP CANDY or of any third party. Except as expressly provided above, nothing
contained herein shall be construed as conferring any license or right under any
copyright of FLIP CANDY.
SUBMISSION OF INFORMATION
We use industry standard technology and efforts to safeguard the confidentiality
of your personal identifiable information however FLIP CANDY does not guarantee
the security of any information transmitted to or from the Site. You understand
and agree to assume the security risk for any information you provide using the
Site. Do not send any confidential information to FLIP CANDY through the Site. Except
for the personally identifiable information relative to you, any information you
do send to FLIP CANDY through the Site will be deemed NOT to be confidential ("Non-Confidential
Information"). For any Non-Confidential Information you do send, post or submit
you hereby grant FLIP CANDY an unrestricted, royalty-free, irrevocable license to
use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential
Information, and agree that FLIP CANDY is free to use any ideas, concepts, know-how
or techniques that you send FLIP CANDY for any purpose whatsoever without compensation
to you or any other person sending the Non-Confidential Information, and you represent
and warrant that you own or otherwise control all of the rights to the Non-Confidential
Information and that public posting and use of your content by FLIP CANDY will not
infringe or violate the rights of any third party.
You are prohibited from posting or transmitting to or from the Site any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material, or any other material that could give rise to any civil or
criminal liability under the law. The personally identifiable information you submit
to us via FLIP CANDY shall be treated in accordance with our Terms of Use and the
Privacy Statement as described herein.
PRIVACY STATEMENT
FLIP CANDY's collection and use of personally identifiable information about you
is subject to our Privacy Statement. For more information, see our full
Privacy Statement. This site and FLIP CANDY Site Services are intended for
use by persons 13 of age or older. No information should be submitted to or posted
on this web site by users under 13 years of age. FLIP CANDY encourages parents to
take an active role in their children's use of the Internet, and to inform them
of the potential dangers of providing information about themselves over the Internet.
PARTICIPATION IN PROMOTIONS AND OTHER SITE ACTIVITIES
If you choose to participate in a promotion, survey, or other FLIP CANDY-sponsored
activity ("Web Site Activity"), you agree to comply with any rules or regulations
governing such Web Site Activity. Additionally, as a condition of your continued
participation in the Web Site Activity, you agree not to: 1) upload, post, email,
transmit or otherwise make available any content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2) harm minors in any way; 3) impersonate any person or entity or falsely state
or otherwise misrepresent your affiliation with a person or entity; 4) forge headers
or otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Web Site Activity; 5) upload, post, email, transmit or otherwise
make available any content that you do not have a right to make available 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); 6) upload, post, email, transmit
or otherwise make available any content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party; 7) upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation; 8) upload, post, email, transmit or otherwise
make available 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; 9) interfere
with or disrupt the service or servers or networks connected to the service, or
disobey any requirements, procedures, policies or regulations of networks connected
to the service; 10) "stalk" or otherwise harass another person or entity; or 11)
collect or store personal data about other users. You agree that violation of any
of the foregoing will result in your immediate disqualification from participant
in the Web Site Activity, and may result in additional legal actions being taken
by FLIP CANDY.
LINKS TO THIRD-PARTY WEB SITES
Some of the sites listed as links herein are not under the control of FLIP CANDY.
Accordingly, FLIP CANDY makes no representations whatsoever concerning the content
of those sites. The fact that FLIP CANDY has provided a link to a site is NOT an
endorsement, authorization, sponsorship, or affiliation by FLIP CANDY with respect
to such site, its owners, or its providers. FLIP CANDY is providing these links
only as a convenience to you and has not tested any information, software, or products
found on these sites and therefore cannot make any representations whatsoever with
respect thereto. There are risks in using any information, software, or products
found on the Internet; and we caution you to make sure that you completely understand
these risks before retrieving, using, relying upon, or purchasing anything via the
Internet.
DISCLAIMER OF WARRANTY
FLIP CANDY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY,
USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS
OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEBSITES
LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS
IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, FLIP CANDY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM FLIP CANDY SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE
ANY WARRANTY.
LIMITATION OF LIABILITY
FLIP CANDY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING
TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT
NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS,
DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL
OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
EVEN IF FLIP CANDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING,
FLIP CANDY'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION,
INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING
OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT
YOU PAID TO ACCESS THIS SITE.
REVISIONS
FLIP CANDY may modify, suspend, withdraw or discontinue, temporarily or permanently,
the Content, in whole or in part, at any time without notice. You agree that FLIP
CANDY shall not be liable to you or to any third party for any modification, suspension,
withdrawal or discontinuance of the Content. FLIP CANDY may at any time revise these
web site Terms of Use by updating this posting. By using the Site, you agree to
be bound by any such revisions and you agree to periodically visit this page to
determine the then current web site Terms of Use to which you are bound.
TERMINATION
You agree that FLIP CANDY, in its sole discretion, may terminate or restrict your
use or access to this Site (or any part thereof) for any reason, including, without
limitation, that FLIP CANDY believes you have violated or acted inconsistently with
the letter or spirit of these Terms of Service, or the terms, conditions, or rules
of a sweepstakes, contest, or other promotion contained within the Site.
GENERAL INFORMATION
The Terms of Use and Privacy Policy constitute the entire agreement between you
and FLIP CANDY and govern your use of the Site, superseding any prior agreements
between you and FLIP CANDY relating to your use of this site. You may also be subject
to additional terms and conditions that may apply when you participate in a sweepstakes,
contest, survey, or other FLIP CANDY-sponsored program. If any provision of these
Terms of Use is held to be invalid by any law, rule, order or regulation of any
government or by the final determination of any state or federal court, such invalidity
shall not affect the enforceability of any other provision of the Terms of Use.
The failure of FLIP CANDY to exercise or enforce any right or provision of the Terms
of Use shall not constitute a waiver of such right or provision. By accessing the
Site you agree that the statutes and laws of the United States and the State of
North Carolina, USA without regard to conflicts of laws principles, will apply to
all matters relating to use of the site, and you agree that any litigation shall
be subject to the exclusive jurisdiction of the state or federal courts in North
Carolina, USA. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Site, or the
Terms of Use must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the Terms of Service are for convenience
only and have no legal or contractual effect.
VIOLATIONS & NOTICES
Please report any violations of these Terms of Use to FLIP CANDY. Notices to you
may be made via either email at flipcare@flipcandy.com
or regular mail.
FLIP CANDY
2101 Rexford Road, Ste 300W
Charlotte, NC 28211, U.S.A.
704.227.0718