Last modified: March 19, 2013
These "Terms of Service" set forth the terms and conditions that apply to your use of Flipsnack.com. By using Flipsnack (other than to read this page for the first time), you agree to comply with all of the Terms of service set forth herein. The right to use Flipsnack is personal to you and is not transferable to any other person or entity.
BY CREATING A FLIPSNACK ACCOUNT AND/OR USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OUR SERVICES.
Flipsnack and the services provided ("Service") are maintained and operated by Smartketer, LLC ("us", "we", "our", "the Company"). In the context of this agreement, "Flipsnack", shall mean Smartketer LLC and the Flipsnack website.
If you breach any of the Terms in these Terms of Service ("Terms"), your authorization to use Flipsnack automatically terminates.
We may revise these Terms of Service 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. You are responsible to return to the Terms of Service from time to time to review the most current terms and conditions. We may notify you by either 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. You can send e-mail with any questions related to these Terms of service to Flipsnack.com support.
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.
The Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and related software and to 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 source code or object code of the Company.
The Company grants you a limited revocable license to post a copy of your User Created Content, on your own personal web site or on a third party web site that complies with all applicable laws and these Terms of Service.
Finally, the Company reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
You represent and agree that:
You retain full ownership to 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 Art"). 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. We do, however, 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. By displaying or publishing any content on or through the Flipsnack, you hereby grant to 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.
All materials contained on Flipsnack are copyrighted by Smartketer 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.
Flipsnack.com is a trademark/service mark that identifies Flipsnack and the services provided by it. Such marks may not be used under any circumstances without the prior written authorization of Smartketer LLC.
You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods or virtual currency. Further, you agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of the Company.
Any Material you post publicly to Flipsnack will be accessible to all users of the site ("Users"). We have incorporated all reasonable and commercially available measures to protect the site from unauthorized access. 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 that occur under your user ID or password, including the content of the materials you post on Flipsnack. You must protect the confidentiality of your password, and you should change your password periodically. You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally—by sharing your user ID or password. Further, you agree not to:
Flipsnack reserves the right to terminate any account or user who has violated any of the above prohibitions.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner 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.
By creating an account on Flipsnack you may subscribe to our newsletter. You can opt-out from your account by unchecking the newsletter checkbox or from any email message that you receive by clicking the Unsubscribe link. We will not send you any spam or off-topic emails. Most of our emails consist of product updates, new product info, notifications and special offers.
The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Contributed Content to the Company and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to the Company or otherwise through the Service will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions ("Ideas") disclosed, submitted, or offered to the Company in connection with the use of the Service or otherwise and any chat, blog, message board, online forum, text, email or other communication with the Company ("User Emails") shall be the exclusive property of the Company. You agree that unless otherwise prohibited by law, the Company may use, sell, exploit and disclose the Ideas and/or the User Emails in any manner, without restriction and without compensation to you. For example, we may use User Content in a number of different ways, including displaying it on the Internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
We do not control the Communications, information, or files delivered to discussion groups on the Sites. You understand and agree that we have no obligation to monitor the Sites or the use of its Service. We may monitor or review any areas on the Sites or this Service where you transmit or post materials as may be required for maintenance and upkeep. By transmitting any public communication to our Sites, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, re-use, reproduce, distribute, translate, publish, publicly display, publicly perform, modify, adapt, amend, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such communications, in all media now known or later developed. You warrant that you have the right to grant these rights to us. You also acknowledge and agree that any communications made to or by means of any forum on the Sites are public. You acknowledge and agree that you have no expectation of privacy in any public communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and us by your act of transmitting a public communication to Flipsnack.
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.
Flipsnack memberships 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 may distribute premium memberships without charge, in its sole discretion. Regardless of 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.
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. The Company is not responsible for the terms of any sale or exchange. It is up to each user to determine what consideration is appropriate for each item or group of items. The Company's sole responsibility, should it choose to offer any "escrow" services is to ensure that the items placed in escrow are released to each user at the same time. The Company is in no way responsible for ensuring that any user lives up to promises made by that user, that any user completes any trade or sale which such user has proposed, or to moderate the activities of any user or group of users. Furthermore, the Company is in no way responsible for the accuracy, integrity, completeness, quality, legality, usefulness, safety, and IP rights of any forum posts, commentary, ratings or compliments made by one user about other users or groups of users, and has no responsibility to offer other users an equivalent opportunity to respond.
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 in the Company's sole and absolute discretion. 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.
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. This is why Flipsnack does not generally offer refunds, except for rare occasions and in the company's sole and absolute discretion. Once a refund is issued, you can’t have access to any of the premium options. To request a refund contact our customer support team. We will consider and review your refund request within seven days of the date of submission.
The Services licensed under Flipsnack network sites are tested over and over by our QA team; however it may not function correctly, it may have functional, conceptual and/or documentation bugs and issues. In these case, Flipsnack (Smartketer LLC) will try to fix the bugs, issues and errors found and will supply the buyer with working updates. The free versions of the Service is designed especially to let prospective buyers test the software before they make a purchase, this is why a bug found in Flipsnack software will not lead to a refund.
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 use of the Service. You are solely responsible for any breaches of security affecting the servers under your control.
We are using third party redundant Amazon AWS cloud services, which are currently the most reliable on the planet. All widgets are hosted on Amazon S3. In addition to this, we are also using dedicated server solutions from SoftLayer. Flipsnack cannot be held liable for any faults, failures, errors, or issues, including permanent data loss due to third party server issues.
Flipsnack allows publishers to sell publications through our platform through the digital sales service.
Publishers who use Flipsnack to sell their content agree to be bound by all policies included in this terms of service. If the Publisher is an organization, the individual person who accepts these terms of service for the entity represents and warrants that he or she is entitled to enter this agreement as an authorized representative of the Publisher and thus he or she binds the publisher to the terms of this agreement.
The Digital sales program might change over time and the terms of service will change accordingly. We reserve the right to change the terms of service at any time and give you notice of the changes by publishing new terms with a revision date or by sending an email to the email address then registered for your publisher account.
You must have an active, confirmed Flipsnack account in order to start selling through our service. You must also be at least 18 years old or the age of majority in your jurisdiction, and able to form a legally binding contract.
You must ensure that all the information you provide for the digital sales program such as your name, email is accurate. You must also keep these details updated for as long as you use the digital sales service. You are not allowed to impersonate any other person or entity or use a username that you are not authorised to use.
Content requirements. You are responsible for providing, at your own expense, each publication that you desire to sell through our service. The contents of your publications must comply with all policies listed in this terms of service agreement, including those listed in the User Submission, Site Security and Conduct section. By publishing content on Flipsnack you affirm, represent and warrant that you have all the rights, licenses or permissions to publish and sell through Flipsnack. We are entitled to determine what content we accept for the digital sales program in our sole discretion. You must agree to offer at least 2 pages (front cover and back cover) as free preview, available on the Flipsnack platform for any website visitor.
Withdrawals. You may withdraw your publications from the selling program by deleting them at any time. However, this will not affect any of the orders that have already been completed through our service. The withdrawal of your publication from the selling program will not consequently result in the removal of sold issues from your customers’ accounts. The withdrawal will apply prospectively only.
Editing. In case of unintentional errors or formatting issues, you may edit and re-upload digital publications for selling. Any change that you make will be applied immediately and without notice to all the publications that have been purchased prior to the date of editing. If you do not wish buyers to receive an update you may upload the update as a separate file for selling.
Seller protection/ DRM. Flipsnack protects all digital publications sold through our platform from being passed around, copied, duplicated or viewed by people who didn’t pay for them. Every buyer must sign up for a Flipsnack account before they can purchase an issue, and they can only purchase viewing permission.
Selling prices. You have sole and complete discretion to set the retail customer price at which your digital publications are sold through Flipsnack’s Digital Sales program. You have the right to change the price of your publications at any time. You agree that Flipsnack shall have no responsibility for billing your customers. We shall have no liability to you or your buyers for billing errors or failure to bill for any publications sold through our platform.
Fees and taxes. Sales made through Flipsnack’s digital sales program will incur a 10% transaction fee paid to Flipsnack and a payment processing fee applied by the third party billing provider. If the customer is located in a jurisdiction for which sales tax, value added tax or other tax is required to be applied on such purchase according to the law, you are responsible for adding the appropriate amount of tax to the price that you set for the paid purchase. You are also responsible for all other taxes, including taxes on your net income.
Currencies. You must set the price using US dollars. However, buyers can pay using other currencies accepted by our payments processor Stripe. The exact price the buyer will pay is calculated at the exchange rate Stripe uses at that particular time.
Billing and payments. Flipsnack uses a 3rd party payment processor and billing provider (also called Stripe or Payment processor) to handle the payment flow. For this purpose, you will be required to also create a Stripe account and connect it to the Flipsnack Payment processor account, in order to send and receive money. You must authorize Flipsnack to charge customers fees for the digital goods they purchase from you, on your behalf. The billing information of your customer will be stored on your Stripe account and on ours as well. However, no confidential card information will be made available to Flipsnack or to you.
Each buying transaction happens in 2 steps: (1) The buyer makes a purchase on Flipsnack through our account on the payment processor (2) Stripe processes the order and sends appropriate amounts to your seller account, after transferring the 10% fee to Flipsnack’s account and deducting its own fee for the transaction.
Refunds. You are responsible for handling all the refund, exchanges and similar requests initiated by your customers. You shall determine the appropriate resolution for each request. You shall not receive any proceeds for orders for which refunds are issued.
Payment processing services for sellers on Flipsnack are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes theStripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a seller on Flipsnack, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Flipsnack enabling payment processing services through Stripe, you agree to provide Flipsnack accurate and complete information about you and your business, and you authorize Flipsnack to share it and transaction information related to your use of the payment processing services provided by Stripe.
If you are a customer of the Digital Sales program (i.e., a reader who purchases access to a third party publisher’s publication via Flipsnack), you agree (a) to comply with the publisher’s terms regarding access to and use of such publication; (b) to not make any claim against Flipsnack or hold Flipsnack liable in any way for your access and use of, or inability to access and use, such publication. You are responsible of addressing all of your complaints, refund requests and other similar requests to your seller. The only complaints we will take into consideration are potential fraudulent transactions or copyright infringement. All else must be resolved between you and the seller. We will not entertain matters where you (the buyer) are just disappointed with your purchase.
The information and materials on Flipsnack could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.
Smartketer LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY DIGITAL PRODUCTS, SERVICES, INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" 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, COMPANY DISCLAIMS ANY WARRANTIES: (i) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITES AND THE SERVICE; (ii) 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; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITES OR THE SERVICE.
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.
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. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in California for any disputes arising out the use of Flipsnack. This shall also apply in case the User registers from another country. The place of jurisdiction is the location of the Service Provider’s registered office.
This Agreement constitutes the entire agreement between Flipsnack and you with respect to the website and it supersedes all prior and similarly timed communications. If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement. Any remaining provisions of the agreement will continue to be enforced with full effect.
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 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 limitation may not apply to you.
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 to 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 of your violation of 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. Until such times as these Terms are changed to the contrary, you will have no right to convert our virtual currency into actual money or into any tangible property.