This Agreement was last revised on January 17, 2012.
Businesses subscribing to Front Flip ("Businesses") get access to an online engagement portal to review data regarding users of the Front Flip Service in connection with their Business. Businesses can use such data to engage with their customers, build loyalty and get a better understanding of who their customers are.
Users accessing Front Flip via web or mobile device have a chance to win prizes at Businesses, receive gifts from these Businesses and get access to content provided by these Businesses. In order to make connection through Front Flip's mobile device, you will need to register with Front Flip and create a "Member" account. In order to register you have two options: creating an account by providing First Name, Last Name, Email profile picture and Password or by signing in through Facebook, which gives us access to information shared by Facebook. You may control your Member profile and how you interact with the Service by changing your settings on the Service. By providing Front Flip your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
Moreover we ask for your gender, age and zip code. The reason we do this is that we would like to send you gifts on behalf of Businesses that we think you may like. You can choose to receive notifications when you receive such gifts or turn the notification off.
Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are between 18 years of age and 13 years of age you may use the Service only if you either are an emancipated minor or have the consent of your parent or legal guardian, and are fully able and competent to enter into this Agreement and to abide by and comply with its terms.
You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Front Flip immediately of any breach of security or unauthorized use of your account. Although Front Flip will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Front Flip or others due to such unauthorized use.
You agree to use the Service only in accordance with our Acceptable Use Policy.
All aspects of the Service are subject to change or elimination at Front Flip's sole discretion. Front Flip reserves the right to interrupt the Service and/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service with or without prior notice for any reason or no reason. You agree that Front Flip will not be liable to you for any interruption of the Service or your account.
You are solely responsible for your interactions with other Front Flip Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Front Flip shall have no liability for your interactions with other Users, or for any User's action or inaction.
Some areas of the Service may allow Users to post and/or create recommendations, feedback, comments, and other information (collectively "User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You agree to comply with the Acceptable Use Policy. in posting User Content.
Front Flip takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts through the Service. You understand and agree that any loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. Front Flip is not responsible for any public display or misuse of your User Content. The User Content will be publicly available. You may be exposed to User Content that is inaccurate or objectionable.
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Front Flip a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You expressly agree that delivery of Gifts and Prizes is the sole responsibility of the business offering such Gifts or Prizes and Front Flip has to responsibility or liability regarding the Gifts and Prizes. You also acknowledge that Front Flip has no control over the quality, safety, legality, or accuracy of any Gifts or Prizes. Accordingly, you irrevocably release Front Flip (and its officers, directors, employees, representatives and agents) from any claims, demands and damages (actual and consequential) of every kind and nature (known and unknown, disclosed and undisclosed), that may arise from any dispute you may have with a business. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Except for your User Content, all right, title, and interest in and to the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Front Flip Content") are and will remain the exclusive property of Front Flip and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Front Flip Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
Any feedback, comments, or suggestions you may provide regarding Front Flip or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We have implemented commercially reasonable technical and organizational measures designed to implement your privacy settings and secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, that: (a) you are at least 18 years of age; (b) you have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (c) your User Content and Front Flip's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; and (d) Front Flip may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
You agree to defend, indemnify and hold harmless Front Flip and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim for damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code; or (vii) your use the Service to meet another User in-person or to locate and/or visit any offline place or event.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, FRONT FLIP, ITS PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRONT FLIP, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE FRONT FLIP SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH FRONT FLIP OR ANY OTHER USER OF THE FRONT FLIP SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FRONT FLIP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The Service is controlled and operated from its facilities in the United States. Front Flip makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Front Flip without restriction.
Please contact us with any questions regarding this Agreement.
Front Flip, LLC
5250 W. 116th Place, Suite 200
If you believe that any material contained on the website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this website's Designated Agent who is:
By mail: DMCA Copyright Agent
c/o Front Flip, LLC
5250 W. 116th Place, Suite 200
Leawood, KS 66211
By phone: (855) 730-1830
By email: DMCAcopyrightagent@frontflip.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
E-mails sent to DMCAcopyrightagent@frontflip.com for purposes other than communication about copyright claims may not be acknowledged or responded to.
We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Company and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Unlawful Use: You may not use the Service for any unlawful purposes or for promotion of illegal activities. You may not post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation. International users agree to comply with all local laws regarding online conduct and acceptable content.
Information Quality: You may not post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive. This includes creating false check-ins or otherwise misrepresenting your location.
Offensive Content: You may not post Content that is hateful, abusive, threatening, profane, or otherwise objectionable.
Commercial Solicitation: You may not use the Service for any commercial solicitation purposes.
Impersonation: You may not impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
Privacy: You may not publish or post other people's private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
Spam: You may not use the Service for the purpose of spamming anyone.
Malware, Phishing: You may not publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy.
Technical Interference: You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, Front Flip's computer systems, or the technical delivery systems of Front Flip's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Front Flip (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Front Flip (NOTE: crawling the Service is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Service without the prior consent of Front Flip except as permitted by these Terms is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.