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The FlipSide Marketplace provides features and services to you when you visit. The FlipSide Marketplace provides these services subject to the following conditions. By visiting, listing, requesting or purchasing products at FlipSide-Marketplace.com, you agree to the conditions as presented below. Please read them carefully.
1. REGISTRATION AND PASSWORDS
We attempt to protect the privacy and integrity of the Services by making access to and use of the Services subject to the use of a password. When you register to use the Services the first time, you will be given initial access to the Services through a password. Thereafter, you must use your password to access and use the Services. You must keep your password confidential and not share your password with anyone. You will be fully responsible for all activity that occurs under the use of your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password by emailing us at email@example.com.
2. CONDITIONS OF USE
The Flipside Marketplace grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
We do not in the ordinary course pre-screen or monitor content of the web sites or public areas, nor on-line postings or other communications. However, we reserve the right, but not the obligation, to determine in our sole discretion what is and is not acceptable content on any web site or in any other communication or posting made in connection with the Services, to limit placement of any content on a web site or on any other area provided in connection with the Services, to remove, alter or block access to any content immediately and without prior notice, to determine in our sole and absolute discretion what is and is not an appropriate conduct and use of any of the Services, and to cease providing or bar access to any or all of the Services to any User at any time, for any reason or for no reason, without prior notice. We reserve the right, but not the obligation, to monitor and investigate complaints regarding any of the foregoing, and you agree to cooperate fully with us in providing access and information as may be requested at any time and from time to time. You agree that any reservation of rights by us imposes no obligation of any kind on us to take any of the foregoing actions.
Access to an association’s web site and other portions of the Services, including content, is password protected. Currently, we also offer web site content backup Services to assist in the protection of content from loss. However, we do not warrant or guarantee the integrity or security of the Services or the content, information or data transmitted through or contained on any portion of the Services. Ultimately, the security of any association’s web site, and of access to and of all content and data located on, any web site, are the responsibility of each association, its management company and/or the members of the association. Content and data on any web site may be subject to loss, alteration, corruption or destruction, and we shall have no responsibility therefore.
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against The Flipside Marketplace, another The Flipside Marketplace user, or a third party.
You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
The name “The Flipside Marketplace” and the other The Flipside Marketplace marks, phrases, logos, and designs that we use in connection with our Services (the The Flipside Marketplace Trademarks), are trademarks, service marks, or trade dress of The Flipside Marketplace in the US and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.
Any unsolicited ideas or other materials you submit to The Flipside Marketplace (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
4. PROPRIETARY RIGHTS
We and/or our licensors own (a) the contents of the THE FLIPSIDE MARKETPLACE web site, (b) the content contained in or presented through the Services by us or by third parties engaged by us (including, without limitation, text, music, sound, photographs, graphics, video, page layout, and design), (c) the software, hardware, files, processes, systems, databases and tools used or provided by us or by third parties engaged by us to provide the Services, (d) other tangible and intangible personal property relating to the Services, including, without limitation, the domain names, IP numbers and addresses that may be used by us in providing the Services, and (e) the trade names, trade marks, service marks, copyrights, patents, inventions, trade secrets, know-how and other intellectual property rights relating to the foregoing (“THE FLIPSIDE MARKETPLACE Property”).
5. THIRD PARTY DEALINGS
If you acquire goods or services from a third party, whether or not the goods or services are used as part of or found through the Services, you agree that your business dealings with that third party are solely between you and the third party. We have no liability for any reason connected with such third party or the goods or services acquired, including, without limitation, complaints or claims concerning failure to perform, defects in goods or services or otherwise.
6. DISCLAIMERS AND LIMITATIONS
Use of the services and any equipment, software and hardware provided in connection with the services, is on an “as is” basis and on an “as available” basis. We make no, and hereby disclaim any and all, representations and warranties, express or implied, of any kind or nature with respect to the services or such property, including, without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither we, your association, the association’s management company, nor any other person or entity involved in creating, producing or delivering any of the services represents or warrants that the services will be timely, uninterrupted or error free, that defects will be corrected, or that the services or the servers or other property that are used in providing the services will be free of viruses or other harmful components. We hereby disclaim any liability or responsibility, arising out of the inaccuracy, illegality, and/or inappropriateness of any content provided to any web site or any public area, the damage, destruction or corruption of any content or other data, or the use or misuse of, or inability to use, the services by any person or entity.
In no event will we nor any other person or entity involved in creating, producing or delivering any of the services be liable for any indirect, special, or consequential or exemplary damages, including but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses (even if we have been notified of the possibility of such losses) arising out of or related to the services.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability. In such jurisdictions, some of the limitations in this section 8 may not apply to you.
Under no circumstances will we be liable for failure or delay in connection with the services if the failure or delay is due to circumstances beyond our control including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunication or third party services (including dns propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies, or power used in equipment needed for the provision of services. We do not guarantee that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Items you purchase. You understand that THE FLIPSIDE MARKETPLACE does not manufacture, store, or inspect any of the items sold through our services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so the flipside marketplace cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release The Flipside Marketplace from any claims related to items sold through our services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content you access. You may come across materials that you find offensive or inappropriate while using our services. We make no representations concerning any content posted by users through the services. THE FLIPSIDE MARKETPLACE is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the services. You release us from all liability relating to that content.
People you interact with. You can use the services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This help article has some good advice about handling in person meetings.
Gift cards and promotions. You acknowledge that the flipside marketplace does not make any warranties with respect to your gift card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a gift card or gift card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your gift card if your gift card or gift card code has been reported lost or stolen, or if we believe your gift card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your gift card code stops working, your only remedy is for us to issue you a replacement gift card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
To the fullest extent permitted by law, neither THE FLIPSIDE MARKETPLACE, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these terms. In no event shall THE FLIPSIDE MARKETPLACE’s aggregate liability for any damages exceed the greater of one hundred ($100) us dollars (usd) or the amount you paid THE FLIPSIDE MARKETPLACE in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
You agree to a waiver of a jury trial and to resolve all disputes between you and Umoja Mmoja, LLC. through BINDING ARBITRATION. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
The trademarks, service marks and logos shown on this web site (collectively, the “Marks”), including THE FLIPSIDE MARKETPLACE are trademarks of Umoja Mmoja, LLC. Other third parties’ trademarks may also appear on this web site. The trademark THE FLIPSIDE MARKETPLACE may also appear on other portions of the Services. You may not use the Marks or third parties’ trademarks without the prior written permission of Umoja Mmoja, LLC. or the applicable third party.
10. COPYRIGHTS AND INFRINGEMENT CLAIMS
We respect the intellectual property rights of others. We will process and investigate notices of alleged infringement of intellectual property rights related to this web site or the Services, as provided by Digital Millennium Copyright Act (“DMCA”), and will respond appropriately, as provided by the DMCA. As appropriate, we will move expeditiously to remove or disable access to material claimed to be infringing or claimed to be the subject of infringing activity. We will terminate access to Users who are repeat infringers.
11. GENERAL PROVISIONS
If you have any questions about the Terms, please email us at firstname.lastname@example.org .
*In some countries you may have additional rights and/or the preceding may not apply to you.