iFlipr Terms of Use

This Agreement was last updated on January 22, 2008.

Welcome to iFlipr, a 10 Startups, Inc production. These Terms of Use (this "Agreement") constitutes the agreement between you and 10 Startups Inc ("10 Startups"). By using the iFlipr Website (the "Website") and/or signing up for any 10 Startups service ("the Service") as a member ("Member"), you agree to be bound by all of the terms and conditions of this Agreement, including any amendments made to date. If you do not agree to these terms and conditions, you may not use the Service and should not register.

Any amendments to this Agreement will be effective upon posting by 10 Startups on the Website. If you do not agree to any such modifications, you should terminate your use of the Website and the Service. Your continued use of the Website and/or the Service is a binding acceptance by you of this Agreement and any subsequent modifications.

Eligibility

By using the Website and/or signing up for the Service, you represent, warrant and covenant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by all of the terms and conditions of this Agreement. Alternatively, if you are a minor, your guardian has agreed to these terms on your behalf. 10 Startups reserves the right to alter, suspend, or discontinue, and to restrict your access to any component of the Service at any time, for any reason, without notice or liability.

Term

This Agreement will remain in full force and effect while you use the Website and/or the Service. You may terminate your membership at any time, for any reason, upon receipt of your written or e-mail notice to 10 Startups. 10 Startups may terminate your membership at any time, in its sole discretion, without liability, effective upon sending notice to you at the e-mail address provided by you when you signed up.

Non Commercial Use by Members

The Website may not be used for any commercial purpose, including without limitation, collecting usernames and/or e-mail addresses of Members by any means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Website. Organizations, companies, and/or businesses may not become Members. Illegal and/or unauthorized use of the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Proprietary Rights

10 Startups owns and retains all proprietary rights in the Website and the Service. You agree not to copy, modify, or distribute in any manner whatsoever any proprietary information contained in the Website, unless you have the express permission of the owner of such information.

Content Posted on the Website

a. 10 Startups retains the right, but is not obliged, to monitor, edit or delete any content you post on the Website, such as messages, photos, member pages, or any posted text (collectively "Content"), that breach this Agreement, in the sole discretion of 10 Startups.

b. 10 Startups may use, copy, perform, display and distribute any information you post to any public area of the Website. By posting Content on the Website, you automatically grant, and you represent and warrant that you have the right to grant a full license to 10 Startups for such uses of your information.

c. Your account should not be used by anyone else. You are solely responsible for Content posted on the Website by you or by anyone using your password.

d. Information posted indirectly, for example, by permission to collect information from an external web-page, will also be considered "posting" and thus subject to all the relevant terms in this agreement.

Code of Conduct

In your use of the Service and/or the Website, you agree to conform to the following Code of Conduct:

a. you will conform to any and all applicable laws and regulations;

b. you will keep all information obtained through the Service as private and confidential and will not share it with anyone without the permission of the person who provided it to you;

c. you will not engage in any form of offensive behavior, including without limitation, the posting of Content which contains racist, pornographic, obscene, or offensive language or images;

d. you will not engage in any form of harassment, including without limitation, the posting of Content which contains libelous, slanderous, abusive or defamatory statements, or which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

e. you will not transmit "junk mail," "chain letters," or unsolicited mass mails or "spam;"

f. you will not post Content that violates, plagiarizes or infringes upon the privacy rights, property rights, or any other rights of any person or entity, including without limitation, any copyright or trademark law;

g. you will not post Content that is fraudulent, misleading, or otherwise unlawful, or that promotes illegal activities, such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

h. you will not post Content that exploits people under the age of 18 in a sexual or violent manner, or solicits information from people under the age of 18;

i. you will not distribute or upload any viruses or trojan horses, or do anything else that might directly or indirectly harm the Service, 10 Startups systems, or Members' systems in any way;

j. you will not post Content that contains restricted or password only access pages, or hidden pages or images;

k. you will not post Content that solicits passwords or personal identifying information from Members for commercial or unlawful purposes;

l. you will not engage in commercial activities, advertising and/or sales of any form without prior written permission from 10 Startups;

m. you will not use any information obtained through the Service to harass, abuse or harm another person, or to contact, advertise to, solicit, or sell to any Member without their prior express permission; and

n. you will not post in any public area Content that contains contact information including without limitation, telephone numbers, postal addresses, full names, URLs, or e-mail addresses.

Copyright Policy

You may not copy, modify, or distribute in any manner whatsoever any copyrighted material, trademarks, or other proprietary information without the prior written permission of the owner of such proprietary rights. If you believe that your proprietary rights have been infringed through the Service, please provide 10 Startups' Copyright Agent the following information: your physical or electronic signature; a description of the work in question; a description of the location of the disputed material on the Website; your postal address, telephone number, and e-mail address; a written statement by you that to the best of your knowledge and belief the use of the work in question is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is true and correct and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf. 10 Startups' Agent for notice of claims of copyright or other intellectual property infringement can be reached by mail at:

Sezgi Kumph
10 Startups, Inc.
2120 Pine St
San Francisco, CA 94115

Member Disputes

You are solely responsible for your interactions with other Members. 10 Startups reserves the right, but is not obliged, to monitor disputes between Members.

Privacy

By using the Website and/or the Service, you agree to 10 Startups' Privacy Statement.

Disclaimers

The Website and the Service are provided "AS-IS," and 10 Startups provides no warranties of fitness for a particular purpose or non-infringement. 10 Startups cannot guarantee and does not promise any specific results from use of the Website and/or the Service. 10 Startups is not responsible for and has no liability as a result of:

a. any incorrect or inaccurate Content;

b. the online or offline conduct of any Member or user;

c. any kind of interruption or deletion of, or unauthorized access to Member communications;

d. the availability of any link from the Website to another Internet site or resource;

e. any problems or technical malfunction resulting from your or anyone else's use of the Service and/or the Website, including without limitation, damage to users' and/or Members' or to any other person's computer;

f. any loss or damage, including personal injury or death, resulting from anyone's use of the Service and/or the Website, any Content posted on or transmitted through the Website, or any online or offline interactions between Members or users;

g. any loss or damage of any sort incurred as a result of your correspondence or business dealings with, or participation in promotions of, advertisers or affiliates found on the Website or through the Service, including payment and delivery of related goods or services; or

h. suspension of the Service for any reason.

Communication and Disclosure

10 Startups reserves the right to send you electronic mail regarding your account, updates to the Website or the Service, or any 10 Startups-related products or services. 10 Startups reserves the right to disclose information about your usage of the Service and demographics without revealing your personal identity, subject to the terms of 10 Startups' Privacy Statement.

U.S. Export Controls

Software from this Website (the "Software") may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or 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 or using the Software, 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.

Limitation on Liability

Notwithstanding anything to the contrary contained herein, 10 Startups' liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to 10 Startups for the Service during the term of membership.

Disputes and Governing Law

You agree that this Agreement will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree that any dispute about or involving the Website and/or the Service will be subject to the personal and exclusive jurisdiction of the state and federal courts of the State of California. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will remain in full force and effect.

Indemnity

You agree to indemnify and hold 10 Startups, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this Agreement or any breach of your representations and warranties set forth in this Agreement.

Assignment

You agree that your account is non-transferable. You do not have the right to assign this Agreement or any of your rights to the Service or to the Content within your account to anyone. 10 Startups has the right to assign any or all of its rights and duties under this Agreement or to the Service or to any third party. At the discretion of 10 Startups, if 10 Startups' obligations hereunder are assumed by a third party, 10 Startups shall be relieved of any and all liability under this Agreement.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement

This Agreement, accepted upon use of the Website and/or the Service, constitutes the entire agreement between you and 10 Startups and governs your use of the Website and/or the Service. Please note any violations of this Agreement or report them to inquiries@10startups.com.