Thank you for using JoyFLIPS!
JoyFLIPS’ app and services are provided by JoyFLIPS, Inc. (“JoyFLIPS”) This End User License Agreement (“EULA”) and Terms of Service (“ToS,” collectively the “Terms”) govern your access to and use of JoyFLIPS’ app, and services (collectively the “Products”). Please take the time to read these Terms carefully, and feel free to contact us at email@example.com if you have any questions.
Without limiting the express language of these Terms as subsequently provided in greater detail:
- JoyFLIPS does not own your photos or other content. You do. We understand how valuable and personal these photos are, and we take their security and privacy very seriously.
- We will not share your photos with anyone other than those you have chosen. We will not use your photos for our own marketing or any other reason beyond the Products without your explicit permission.
- We do not sell your photos or other content to any third parties.
ARBITRATION NOTICE: As described in the Arbitration Section below, you agree that disputes between you and JoyFLIPS will be resolved by binding, individual arbitration and you waive your right to a jury trial and to participate in a class action.
JoyFLIPS may collect personally identifiable information you provide, such as the following:
- You must be at least 13 years old to use our Products.
- You may not post infringing, violent, discriminatory, unlawful, infringing, hateful, pornographic photos or other objectionable content as determined by JoyFLIPS in its sole discretion.
- You may not introduce any harmful or malicious codevia our Products that may disable, overburden, impair, damage or hijack the operation of any hardware, software or any aspect of our Products and equipment and computers connected to our Products.
- You may not solicit, collect or use the login credentials of other users, or inhibit any user from using our Products.
- You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate persons or entities and you may not post private or confidential information via our Products.
- You may not use our Products for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of our Products and your Content (as defined below), including but not limited to, copyright laws.
- You are solely responsible for keeping your login credentials secure.
- You are solely responsible for your conduct and any material you post, send or transmit via our Products, including but not limited to, photographs, messages, text, and any other work subject to the protection under the laws of any jurisdiction, including but limited to, patent, trademark, trade secret, and copyright laws (collectively, “Content”).
- You may not change, modify, adapt, create derivative works of, sell, license or alter our Products.
- You may not create or submit forms of commercial or harassing communications, such as “spam,” to other users.
- You understand and agree that JoyFLIPS is not responsible for the Content posted on our Products and that you use our Products at your own risk. You agree that JoyFLIPS is not responsible or liable for the conduct of any user.
- You agree that you are responsible for all data charges you may incur through use of your Products.
- Violation of these Terms in spirit or in letter may, at JoyFLIPS sole discretion, result in termination of your JoyFLIPS account.
- We reserve the right to terminate your account or our Products at any time for any reason, without notice, and without liability to you. Although we may attempt to provide notice to our users prior to disabling access to all or any portion of our Products, we are not obligated to do so.
- We reserve the right to refuse access to our Products to anyone for any reason at any time.
- Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
- We may, in our sole discretion, change these Terms from time to time. Unless the change is made for legal or administrative reasons, we will provide reasonable notice before the updated version becomes effective. You agree that that such notice may be made by posting the updated terms on our Products, and that your use of our Products after the effective date of the updated terms constitutes your agreement to those updated terms. The updated terms will be effective on the date of posting, and will apply to your use of our Products from that point forward.
- There may be links from our Products to third-party web sites, features or services. Functionality of our Products may also permit interactions between our Products and a third-party web site, feature or service, including applications that connect our Products with a third-party website or feature, such as posting Content on Facebook via our Products or using Facebook to gain access to our Products. We do not control, maintain or endorse any third-party websites, features or content. You expressly acknowledge and agree that JoyFLIPS is in no way responsible or liable for any such third-party services or features. Accessing any third-party website, feature or service from JoyFLIPS is done at your own risk.
- JoyFLIPS does not claim ownership of any Content you post on or through our Products. You retain all rights in, and are solely responsible for the Content you post on or through our Products. Instead, you hereby grant to JoyFLIPS a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use your Content that you post on or through our Products, solely for the purpose of operating, developing, providing, and using our Products. We reserve the right to remove your Content for any reason, including if we believe such Content violates these Terms or our policies.
- You represent and warrant that: (a) you own the Content posted by you on or through our Products or otherwise have the right to grant the rights and licenses set forth in these Terms; (b) the posting and use of your Content on or through our Products does not violate, misappropriate or infringe on the rights of any third party, including without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights; (c) you agree to be liable for and pay for all royalties, fees, and any other monies owed by reason of Content you post on or through our Products; and (d) you have the legal right and capacity to enter into these Terms in your jurisdiction.
- JoyFLIPS does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms, you are legally responsible for that Content.
- If your account is terminated or deactivated, or if your remove any Content from JoyFLIPS, we may retain your Content for a reasonable time for backup, archival, audit or legal purposes. JoyFLIPS will not be liable to your for loss of any Content.
- While we love to hear your feedback and ideas on ways we can make JoyFLIPS even better, if you choose to submit any comments, ideas or feedback, you agree that we may use them without any restriction or compensation to you.
- Our Products are licensed, not sold, to you for use only under these Terms. Subject to your compliance with these Terms, JoyFLIPS hereby grants you a personal, limited, revocable, non-transferable license to use our Products solely for your own personal use.
- Our Products contain content owned or licensed by JoyFLIPS (“JoyFLIPS Content”). JoyFLIPS Content is protected by trademark, copyright, patent, trade secret and other laws. Except for the limited license expressly granted to you under these Terms, JoyFLIPS owns and retains all rights in JoyFLIPS Content. You may not remove, alter or conceal any trademark, copyright, service mark or other proprietary rights notices in or accompanying the JoyFLIPS Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the JoyFLIPS Content.
- The JoyFLIPS name and logo are trademarks of JoyFLIPS, and may not be copied, imitated or used, in whole or in part, without prior written permission of JoyFLIPS.
- While we try our best to make our Products continuously available, there will be times when our Products may be interrupted, including without limitation, for schedules maintenance, upgrades or repairs, or due to failure of equipment. JoyFLIPS will not be liable to you for any modification, suspension, or discontinuation of our Products.
- Security of our users and your Content is a top concern of ours. However, while we work diligently to protect the security of your content and account, JoyFLIPS cannot guarantee the security of our users or your Content. Please notify us immediately of any unauthorized use of your account.
Reporting Copyright or Other Intellectual Property Infringement
- We respect the rights of others, and you should too.
- If you believe any content available on or through our Products infringes on an intellectual property right that you own or control, then please promptly send us a “Notification of Claimed Infringement” to firstname.lastname@example.org containing the following information:
- Identifaction of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit JoyFLIPS to locate the material;
- Information sufficient to permit JoyFLIPS to contact you, such as an address, telephone number, email address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed.
- If you receive a notification from JoyFLIPS that Content made available by you has been made subject of a Notification of Claimed Infringement, then you have the right to provide JoyFLIPS with a “Counter Notification.” Please send us a Counter Notification to email@example.com containing the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if outside the United States, to the Federal District Court of San Francisco, and that you will accept service of process from the person who provided the Notification of Claimed Infringement or an agent of such person; and
- A physical or electronic signature of yours.
- If you repeatedly infringe on other people’s intellectual property rights, we will disable your account when appropriate.
THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, JOYFLIPS CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER JOYFLIPS NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PRODUCTS; (B) THE JOYFLIPS CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JOYFLIPS OR VIA OUR PRODUCTS. IN ADDITION, JOYFLIPS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
JOYFLIPS DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PRODUCTS OR THE SERVER THAT MAKES THE PRODUCTS AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. JOYFLIPS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PRODUCTS IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THEPRODUCTS IS AT YOUR SOLE RISK. JOYFLIPSDOES NOT WARRANT THAT YOUR USE OF THE PRODUCTS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND JOYFLIPSSPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE PRODUCTS YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PRODUCTS.
JOYFLIPS DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL JOYFLIPS BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE PRODUCTS; (B) THE JOYFLIPS CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE PRODUCTS; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY JOYFLIPS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE PRODUCTS; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE PRODUCT'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF JOYFLIPS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL JOYFLIPS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL JOYFLIPS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF JOYFLIP'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY JOYFLIPS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY JOYFLIPS.
BY ACCESSING THE PRODUCTS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
JOYFLIPS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You agree to indemnify and hold JoyFLIPS, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s and accounting fees, arising out of or in any way connected to (including as a result of your direct activities on the Products or those conducted on your behalf) (a) your access, use, or misuse of the Products or joyFlips Content, or (b) your violation of these Terms. Your indemnification obligation will continue notwithstanding JoyFlip’s inability to contact you in a timely manner. You will cooperate as fully required by JoyFLIPS in the defense of any claim. JoyFLIPS reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of JoyFLIPS.
For any dispute you have with JoyFLIPS, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. If JoyFLIPS has not been able to resolve the dispute with you, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms , your use of the Products, and/or rights of privacy and/or publicity, by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that court’s rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND JOYFLIPS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Time Limit on Claims
You agree that any claim you may have arising out of or related to your relationship with JoyFLIPS must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in San Francisco County, California or the United States District Court for the Northern District of California for any actions not subject to Arbitration.
- The information provided within the Products is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject JoyFLIPS to any registration requirement within such jurisdiction or country. JoyFLIPS reserves the right to limit the availability of the Products or any portion of the Products, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that JoyFLIPS provides.
- Software related to or made available by the Products may be subject to United States export controls. Thus, no software from the Products may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Products, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Notice Regarding Apple
You acknowledge that these Terms are between you and JoyFLIPS only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If JoyFLIPS provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version shall prevail.