Updated 09 June 2021. See previous versions of this and other policies in our Terms of service Archives.
Last modified: June 09, 2021
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 relation with Flipsnack (“Agreement”) are made available only in English language. 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, depending on the Services you use, additional terms and conditions may apply to you.
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.
Where 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 but we will let you know as soon as possible.
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.
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.
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 Flipsnack service requires all persons to be at least 13 years old before they create an account. If you are between age 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 personal web site or on a third-party web site that complies with all applicable laws and these Terms of Service.
You accept that your use of Flipsnack will subject you to advertisments on Flipsnack from Flipsnack.
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 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 at any time 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.
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 otherwise 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.
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 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. 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.
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 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 overall design of the site is copyright © 2020, Flipsnack LLC. Permission is granted to view and print materials from 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.
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 by 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.
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 or contact our designated copyright agent at:
2250 Butterfield Dr., Suite 240
Troy, Michigan, 48084.
Any Material you post publicly to Flipsnack will be accessible to all users of the site ("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 that occur under your user ID or password, including the content of the materials you post on Flipsnack. Further, you agree not to:
Flipsnack reserves the right to terminate any account or user who has violated any of the above prohibitions.
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 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.
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.
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. Furthermore, we may modify or terminate your right to use the free version at any time and for any reason in our sole discretion, without liability to you. 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.
We have incorporated all reasonable and commercially available measures to protect the site from unauthorized access.
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.
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 will try to fix the bugs, issues and errors found and will supply the buyer with working updates.
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.
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 web site, 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, 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.
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.
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.
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 this email address with any questions regarding this Agreement.
Copyright © 2019-2021 Flipsnack, LLC. All rights reserved. Flipsnack, LLC 2250 Butterfield Dr., Suite 240, Troy, MI, 48084, United States of America.