FlipMe LLC operates the websites, www.flipme.com and www.flipmedating.com, and distributes, manufactures and offers for sale a service and product to adults wishing to meet others through the use of FlipMe cards (“the Product”) offline, and communicate with that individual online through the above mentioned website (“the Website”). This is a legal agreement (“Agreement”) between you and FlipMe LLC, a New Jersey corporation (“FlipMe”). FlipMe can be contacted at 1973 Highway 34, Suite E-21, Wall, NJ 07719.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE WEBSITE, THE PRODUCT, OR SERVICES OF FLIPME.
In addition to any other express or implied acceptance of this Agreement, you agree that your use of the Product, the Website or services of FlipMe is to be considered acceptance of all of the terms within this Agreement and your understanding that you are bound by those terms.
- Electronic Form: By purchasing the Product, and/or utilizing said cards, and/or the Website and/or any services offered by FlipMe, you become a user and agree to, you consent to have this Agreement provided to you in electronic form.
- Non-electronic Copy: You have the right to receive this Agreement in non-electronic form. A non-electronic copy of this Agreement is available and will be forwarded upon receipt of a letter requesting same and self-addressed stamped envelope to: FlipMe LLC, 900 Cedar Bridge Ave, Suite B7-144, Brick, NJ 08723-4157.
- Withdrawing Your Consent: You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
- Notice: In order to withdraw your consent of this Agreement, please send a letter and self-addressed stamped envelope to: FlipMe LLC, 900 Cedar Bridge Ave, Suite B7-144, Brick, NJ 08723-4157.
- Effect of Withdrawal: Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, FlipMe will discontinue your username and password. You will no longer have the right to utilize the Product, the Website, or services of FlipMe until we have received a signed copy of a non-electronic version of this Agreement, which we will send to you upon request. At that time, you will be permitted to utilize the Product, the Website, and services of FlipMe.
- Effective Date of Withdrawal: Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement accepted by you electronically prior to the receipt of your withdrawal of your consent to have the Agreement provided electronically.
- Minimum Age: You must be at least 18 years old to use the Product, the Website or services of FlipMe. By using the Product, the Website or services of FlipMe, you Singles Service, you represent and warrant that you are at least 18 years old and have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You hereby acknowledge that this Website is not intended for us by anyone thirteen years of age or under.
- Criminal History: By requesting to use, registering to use, and/or using the Product, the Website or services of FlipMe, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. YOU UNDERSTAND THAT FLIPME DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON USERS OF THE PRODUCT, THE WEBSITE OR SERVICES OF FLIPME. FlipMe reserves the right but is not responsible for conducting a criminal background check, at any time, using any and all available public records, to confirm your compliance with this subsection.
- Marital Status: You understand and accept that FlipMe does not restrict the use of the Product, the Website or services of FlipMe based on marital status.
2. Use of Product, Website and Service: As a user of the Product, the Website or services of FlipMe, you agree to the following:
- Exclusive Use: Any FlipMe cards provided to or purchased by you are for your use only. Likewise, your account on the Website is for your personal use only. You may not authorize others to use your account or FlipMe cards, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FlipMe is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
- Geographic Limitations: The Product, the Website or services of FlipMe are intended for use in the United States. You represent that you will only use the Product, the Website or services of FlipMe in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Use of the Product, the Website or services of FlipMe are void where prohibited. To the extent that the Product, the Website or services of FlipMe are not legal in your jurisdiction, you may not use the sthe services of FlipMe.
- Information Submitted: You are solely responsible for, and assume all liability regarding, (i) any information and/or content you add or transmit to others through the Product or the Website; (ii) the information and content you post, transmit, publish, or otherwise make available through the user of Product, the Website or services of FlipMe; and (iii) your interactions with other users of Product, the Website or services of FlipMe.
- Risk Assumption and Precautions: You assume all risk when using the Product, the Website or services of FlipMe, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Product, the Website or services of FlipMe. In addition, you agree to review and follow the recommendations set forth in FlipMe’s Safety Tips, which is available on the Website. You understand that FlipMe makes no guarantees, either express or implied, regarding the conduct of individuals you meet or communicate with as a result of the use of the Product, the Website or services of FlipMe.
- Reporting of Violations: You will promptly report to FlipMe any violation of the Agreement by others.
- No False Information: You will not provide inaccurate, misleading or false information to FlipMe or to any other user. If information provided to FlipMe or another user subsequently becomes inaccurate, misleading or false, you will promptly notify FlipMe of such change.
- No Advertising or Commercial Solicitation: You will not advertise or solicit any user of the Product, the Website or services of FlipMe to buy or sell any products or services through the Website. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the use of the Product, the Website or services of FlipMe in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind, you acknowledge that you will have caused substantial harm to FlipMe, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay FlipMe $50 for each such unsolicited communication you send through the Product, the Website or services of FlipMe.
- No Harassment of FlipMe Employees or Agents. You will not harass, annoy, intimidate or threaten any FlipMe employees or agents engaged in providing any portion of any services of FlipMe to you.
- Term: This Agreement will remain in full force and effect while you use the Product, the Website or services of FlipMe. You may terminate your account on the Website, for any reason, by sending FlipMe written notice of termination to FlipMe, 900 Cedar Bridge Ave, Suite B7-144, Brick, NJ 08723-4157 or through use of the Account Settings provided on the Website. If you terminate your membership, your account will be deactivated and you will forfeit any remaining time of your then-current membership period as well as the use of any unused cards. FlipMe may terminate your membership and/or account by sending notice to you at the email address you provide in your registration for an account, or such other email address as you may later provide to FlipMe. If FlipMe terminates your membership or account it is because you have breached this Agreement, and you understand that you will not be entitled to any refund of unused membership fees. All decisions regarding the termination of accounts shall be made in the sole discretion of FlipMe and FlipMe is not required to provide any notice prior to terminating your membership and/or account. After your membership or account is terminated, this Agreement will remain in full force and effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
- Returns: When the Product is purchased online, returns will be accepted within 30 days of the original mailing of the order. Mailing of said returns are at the customer’s expense. Only packages in a condition acceptable for resale will be accepted.
3. Proprietary Rights:
- Ownership of Proprietary Information: You hereby acknowledge and agree that FlipMe is the owner of highly valuable proprietary information, including without limitation, patents pending in relation to the services of FlipMe. FlipMe owns and hereby retains all proprietary rights in the relation to the Product, the Website or services of FlipMe.
- Use of Proprietary Information: Except as specifically contemplated herein or on the Website, you will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) proprietary information of FlipMe or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Product, the Website or services of FlipMe, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users’ Information: Users of the Product, the Website or services of FlipMe may post Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any FlipMe or third party proprietary information available via the the services of FlipMe or the Website.
4. User Information:
- Privacy Statement: To learn more information about the collection and possible use of information and material provided by you, please click on FlipMe’s Privacy Statement located on the WebsWebsite. By using the WebsWebsite or the sthe services of FlipMe, you are consenting to the terms of FlipMe’s Privacy Statement.
- Disclosure By Law: You acknowledge and agree that FlipMe may disclose information you provide if it is required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend FlipMe’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
5. Links to Third-Party Websites / Dealings with Advertisers and Sponsors:
The Website may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of FlipMe. You understand that FlipMe is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. Any such links provided by FlipMe are as a convenience only, and does not imply that FlipMe endorses or accepts any responsibility for the content on such third-party websites. Any dealings, correspondence, or participation in promotions with such websites (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such entities, advertisers or sweepstakes sponsors. You agree that FlipMe will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings whatsoever. Please visit our Privacy Statement to learn more about how we use your information.
6. Disclaimer of Warranty:
- No Warranties: THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FLIPME PROVIDES THE PRODUCT, THE WEBSITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE PRODUCT, THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FLIPME DOES NOT WARRANT THAT YOUR USE OF THE PRODUCT OR SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE PRODUCT OR SERVICES WILL BE CORRECTED. FLIPME DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE PRODUCT OR SERVICES.
- Third Party Content: Opinions, advice, statements, offers, or other information or content made available through the the services of FlipMe, but not directly by FlipMe, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. FLIPME DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN FLIPME. UNDER NO CIRCUMSTANCES WILL FLIPME BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
- Beta Features: FlipMe may occasionally offer new “beta” features or tools with which its users may experiment on the Website. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at FlipMe’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
7. Limitation of Liability:
- Incidental Damages and Aggregate Liability: IN NO EVENT WILL FLIPME BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE WEBSITE, OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF FLIPME KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL FLIPME’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE PRODUCT, THE WEBSITE OR SERVICES, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID FLIPME FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
- No Liability for non-FlipMe Actions: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLIPME BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PRODUCT, THE WEBSITE, OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR RECIPIENTS OF THE PRODUCT. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Information Verification: FlipMe and its contractors may use various ways of verifying information that users have provided. You agree that FlipMe and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless FlipMe, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Product, the Website or the services of FlipMe, (b) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. FlipMe reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FlipMe in asserting any available defenses.
9. Complaints / Law Enforcement Contact:
To resolve a complaint regarding the Product, the Website or service, you should review our Frequently Asked Questions (FAQs), or e-mail us at firstname.lastname@example.org. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to FlipMe via facsimile at (866) 543-4248.
10. Communication and Privacy:
We may use your email address to send you messages notifying you of important changes or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Product, the Website or services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options.
- General: You agree to pay FlipMe all charges at the prices then in effect for any use of the Product, the Website or service by you or other persons. You authorize FlipMe to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. FlipMe reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Recurring Billing: FlipMe offers automatic renewals, each consisting of a three month term. Said renewal results in the issuance of 30 additional FlipMe cards. By entering into this Agreement, you acknowledge that if your membership has elected automatic renewals, you accept responsibility for all recurring charges prior to cancellation. FLIPME MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY FLIPME) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE FLIPME COULD REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
- Current Information Required: YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (INCLUDING CHANGES IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY FLIPME IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE FLIPME ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT FLIPME MAY CONTINUE CHARGING YOU FOR ANY USE OF THE PRODUCT, THE WEBSITE, OR SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION (CONFIRMED BY YOU IN WRITING UPON REQUEST BY FLIPME).
- Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If FlipMe does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
- Change in Amount Authorized: If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and FlipMe shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that FlipMe may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
12. General Provisions.
- Controlling Law and Jurisdiction: You agree that New Jersey law (without giving effect to its conflicts of law principles) will govern this Agreement, the Product, the Website and the services and that any dispute arising out of or relating to this Agreement, the Product, the Website or the services will be subject to the exclusive jurisdiction and venue of the federal and state courts of New Jersey. You acknowledge and agree that any violation of this Agreement may cause FlipMe irreparable harm, and therefore agree that FlipMe will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that FlipMe may have for a breach of this Agreement.
- Miscellaneous: This Agreement, which you accept upon registration for the the services of FlipMe, the Privacy Statement located on the Website, and any applicable payment, renewal, Additional the services of FlipMe terms, comprise the entire agreement between you and FlipMe regarding the use of Product, the Website or the services, superseding any prior agreements between you and FlipMe related to your use of this Website or the services of FlipMe (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of FlipMe to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
16. Digital Millennium Copyright Act Notice:
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please notify FlipMe’s copyright agent in a manner consistent with the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Website;
4. Information reasonably sufficient to permit FlipMe to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent, FlipMe LLC, 900 Cedar Bridge Ave, Suite B7-144, Brick, NJ 08723-4157. Fax: (866) 543-4248.