TERMS OF USE Welcome to the myflipper.com Web Site (the "Site"). ORCA Innovation provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. ORCA Innovation reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the myflipper.com web site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.
USAGE RESTRICTIONS All of the content you see and hear on the myflipper.com web site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by ORCA Innovation, one of its affiliates or by third parties who have licensed their materials to ORCA Innovation. The content of the myflipper.com web site, and the site as a whole, are intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you
No right, title or interest in any content or materials is transferred to you as a result of any such activities. ORCA Innovation reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site. Flipper is a registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from ORCA Innovation.
DOWNLOAD AND USE OF THE SCREENSAVER You can download the screensaver from the Site and use it. The Screensaver is provided “as is” and your use of the Screensaver is at your own risk. The Screensaver may contain significant or insignificant program errors, bugs, and viruses, which may cause an operational interruption to your computer system. You must screen the Software for viruses before downloading to your computer. Except to the extent that such terms cannot be limited or excluded by law, no conditions, warranties, representations or other terms, whether express or implied shall apply with respect to the Screensaver. Except to the extent permitted by law, ORCA Innovation disclaims all liability (howsoever arising) in the connection with any loss, damage and/or expense arising out of or in connection with downloading, installation or use of, or inability to use Screensaver. In particular and without limitation to the generality of the above, ORCA Innovation shall not be liable for any loss of uses of or damage to a computer equipment, software or data; any financial loss; indirect, special or consequential loss or damage. ORCA Innovation does not hold any obligation to answer any question about use of the Screensaver.
COLORS We have done our best to display as accurately as possible the colors of the products shown on the myflipper.com web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to myflipper.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain ORCA Innovation property. Such disclosure, submission or offer of any Comments shall constitute an assignment to ORCA Innovation of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, ORCA Innovation will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. ORCA Innovation is and shall be under no obligation to maintain any Comments in confidence; to pay to user any compensation for any Comments; or to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
USE OF SITE Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a ORCA Innovation or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
INDEMNIFICATION You agree to indemnify, defend, and hold harmless ORCA Innovation, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD PARTY LINKS In an attempt to provide increased value to our visitors, ORCA Innovation may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with ORCA Innovation, ORCA Innovation has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ORCA Innovation. ORCA Innovation has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, ORCA Innovation seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).
INFORMATION SHARING AND DISCLOSURE ORCA Innovation does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
CHILDREN’S PRIVACY If you are under the age of 13, you are not permitted to submit any personal information to myflipper.com. ORCA Innovation does not knowingly request and collect personally identifiable information online from anyone under the age of 13 without prior verifiable parental consent.
COOKIES myflipper.com uses cookies and web beacons (also referred to as Web bugs, pixel tags or clear GIFs) to manage the Site and e-mail programs. We do not use cookies or web beacons to collect or store personal information. A cookie is a small file placed on your computer when you visit a website. Its purpose is to manage your website experience and allow for customization of the web pages presented to you when you return to the website. Web beacons are small bits of computer code that allow a website owner to track the actions of users on the site and recipients of e-mail communications. Cookies and web beacons help us understand how consumers use the Site and e-mail so we can design better services in the future. myflipper.com may use cookies and web beacons to measure the effectiveness of our online advertising initiatives and determine the correlation between myflipper.com visitors and the online sites they visit.
DISCLAIMER THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ORCA INNOVATION DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. ORCA INNOVATION DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ORCA INNOVATION DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY ORCA INNOVATION SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF URBAN OUTFITTERS DIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If you have any questions regarding this Terms of Use & Privacy Policy for this Site, please contact us at info@myflipper.com or by mail at this following address: ORCA Innovation Sdn, Bhd. © ORCA Innovation 2009. |