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Terms of Service

You must read the FlipFun.com Privacy Policy, Web Site Rules and Terms of Service (this document), prior to using any portion of the FlipFun.com service. These documents are subject to change without notice. Please read them before each use of the FlipFun.com service. THESE AGREEMENTS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE AGREEMENTS IN THEIR ENTIRETY. If you do not agree to the FlipFun.com Privacy Policy, Web Site Rules and Terms of Service, you may not use any portion of the FlipFun.com service.

Terms of Service:

1. GENERAL
The FlipFun.com website (the “Site”) provides Users (as herein defined) with the capability to create multiple choice quiz content and invite their friends to view the quiz through e-mail invitations. Use of the Site is governed by these Terms of Service (the “Terms”), the Privacy Policy and the Web Site Rules, all of which Users must read prior to using the Site. The Site is owned and operated by Pass The Potato LLC. A “User” is defined as any person who establishes a connection to or accesses any FlipFun.com related materials, including, without limitation, to create or take a quiz. By using the Site, User specifically agrees to be bound by the Terms, as such may be wholly or partially changed, modified, added to or reduced at any time by FlipFun.com in its sole discretion. Users should visit the Site periodically to determine the conditions of the binding Terms.

2. USER CONDUCT AND USE OF SITE
(A) User agrees to use the Site for lawful, non-commercial purposes only. User shall comply with all federal, state and local laws applicable to the use of the Site and shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others (including, without limitation, any copyright, trademark or other intellectual property rights), is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or contains advertising or any solicitation.

(B) FlipFun.com is not in any way associated or responsible for the quiz content of its Users. FlipFun.com has created the FlipFun.com Web Site Rules to assist its Users in using its electronic service in a lawful and appropriate manner. While FlipFun.com does not ordinarily monitor the content of users’ quizzes, it reserves the right to refuse to accept or remove any data that is, in its sole discretion, unacceptable, and to disclose data to law enforcement agencies or authorities who may investigate reports of misuse or abuse of this service. All Users take quizzes at their own risk. If User receives an abusive quiz, User may e-mail QYFmisuse@yahoo.com with the quiz link in the subject field so FlipFun.com, in its sole discretion, can determine whether or not to delete the quiz. This process may take up to 90 days.

Send to: QYFmisuse@yahoo.com
Subject: (paste in the entire quiz link)

(C) All legal matters are to be directly between the quiz creator and the quiz taker. By using the Site, User, whether quiz creator or taker, agrees to indemnify, release and hold harmless FlipFun.com from all liability associated with User’s use of the Site.

(D) The Site contains copyrighted material, trademarks, and other proprietary information, including but not limited, to web site design, concept, programming, files, and data, all of which are owned by FlipFun.com. User shall not modify, publish, transmit, translate, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted. User acquires no ownership rights by downloading copyrighted material.

(E) User shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. Without limiting the generality of subsection (C) above, User shall be solely liable for and shall indemnify and hold FlipFun.com harmless for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any area of the Site, User represents and warrants to FlipFun.com that the owner of such material has expressly granted FlipFun.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User permits any other User to access, view, store or reproduce the material for that User?s personal use, and User hereby grants FlipFun.com the right to edit, copy, publish and distribute any material made available on the Site by User.

(F) User relinquishes any and all rights to suggestions, ideas or other content that User submits to FlipFun.com, including but not limited to, quiz content. The act of submitting suggestions, ideas or other content to FlipFun.com, does not, in itself, create an agreement of any kind between User and FlipFun.com. FlipFun.com reserves the right to freely use and modify the submitted suggestions, ideas or other content without first obtaining consent from the submitter.

3. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) Use of the Site service or access to any portion of the Site is done at the sole risk of User.

(B) FlipFun.com shall not be held liable for the receipt of any unwanted e-mail or the content of any e-mail resulting from or associated with FlipFun.com. It is the sole responsibility of User to seek permission from its recipients prior to sending recipients links to FlipFun.com. At no time will FlipFun.com be held responsible for any inability to prevent e-mails from being sent to any party. Neither FlipFun.com nor any or its third parties are responsible for the user-added portion contained in FlipFun.com e-mails, quiz content, quiz scoreboard, or any other content associated with the FlipFun.com service.

(C) THE FLIPFUN.COM SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FLIPFUN.COM DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING. IN NO EVENT WILL FLIPFUN.COM, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY PORTION OF THE SITE, LINKS TO THIRD-PARTY CONTENT, SUBMITTED CONTENT, ALL CONTENT OF FLIPFUN.COM OR ANY ERRORS, INACCURACIES, OMISSIONS OR LACK OF AUTHENTICITY OF ANY SUCH CONTENT.

(D) The above disclaimer of liability includes, without limitation, any damages or injury caused by any availability of service, error, deletion, theft, alteration, or destruction of data, computer virus, tortious behavior, negligence, or any other cause of action or inaction. User assumes the entire cost of all damage, servicing, repair, or correction resulting from the use of the Site in any manner, including but not limited to the offensive or illegal conduct of other Users or third-parties of the Site.

4. COPYRIGHTS AND COPYRIGHT AGENTS (17 U.S.C. 512(i))
FlipFun.com respects the intellectual property of others, and we ask our Users to do the same. If a User believes that User’s work has been copied in a way that constitutes copyright infringement, such User should provide FlipFun.com’s Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that User claims has been infringed;
3. a description of where the material that User claims is infringing is located on the site;
4. User’s address, telephone number, and email address;
5. a statement by User of User’s good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by User, made under penalty of perjury, that the above information in User?s Notice is accurate and that User is the copyright owner or authorized to act on the copyright owner?s behalf.

FlipFun.com’s Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows:

FlipFun.com Copyright Dept.
PassThePotato LLC
PO Box 62666
Cincinnati, OH 45262

5. ADVERTISING ON THE SITE
The Site may contain various types of advertising, including but not limited to banners, popups and text links. The relationship between User and a FlipFun.com advertiser shall be controlled by the terms found on an advertiser’s Web site or any other agreement entered into by User and such advertiser. FlipFun.com is not associated with or responsible for any correspondence, business dealing, agreements or disputes between User and any advertiser, including, without limitation, those related to payment and delivery of goods or services and any other terms associated therewith. FlipFun.com encourages User to read any advertiser’s privacy policy and web site rules when User connects to them through the Site. FlipFun.com is not responsible for any losses User may incur from doing business with a FlipFun.com advertiser. Neither FlipFun.com nor any or its third parties are responsible for the user-added portion contained in FlipFun.com e-mails, quiz content, quiz scoreboard, or any other content associated with the FlipFun.com service.

6. INTERNATIONAL USE
FlipFun.com reserves the right to modify FlipFun.com and the materials contained within at any time without prior notice.

7. GOVERNING LAW
Any disputes arising out of or related to the use of the Site or these Terms shall be governed by the laws of the State of Ohio, U.S.A., without regard to principles of conflicts of law. The courts located in Hamilton County, Ohio shall have the exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms.

8. SEVERABILITY
The invalidity or unenforceability of any provision of these Terms shall not affect the other provisions hereof, and these Terms shall be construed and remain in full force and effect in all respects with such invalid or unenforceable provisions limited or excluded to the minimum extent required under applicable law.

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