User Agreement

1. Welcome to the Flipmsg website available at flipmsg.com (the "Site"), which is free to use by users worldwide. will be referred to as ("Flipmsg," "we," "our" or "us"). These Terms govern your use of the Site (including, without limitation, both mobile and web versions), regardless of how you access or use it, whether via personal computers, mobile devices or otherwise. By "Site", we mean any Internet domain address where these Terms are posted, and all features, widgets, applications, content, and downloads that are operated by us and that are available through or interact with it.


2. By using this website, you are agreeing to be bound by these Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, please do not use this website.


3. By using this website you are also bound to the Simple Content Policy


4. Each time you use the Site, these Terms and any Additional Terms (defined below) apply. Any updates to them will apply to you. so you should check back each time you return for any updates.


5. You agree that if any aspect of your agreement with us is unenforceable, the rest will remain in effect.


6. You agree that if we fail to enforce any aspect of your agreement with us, it will not be a waiver.


7. We reserve all rights not expressly granted to you.


8. No implied licenses or other rights are granted to you in relation to any part of Flipmsg, unless expressly set out in the Terms of Service.


9. Your agreement with us does not give rights to any third parties.


10. You cannot transfer your rights or obligations under your agreement with us without our prior written consent.


11. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your agreement with us to any third party.


12. The Terms of Service form the entire agreement between us and you regarding your access and use of Flipmsg, and supersede any and all prior oral or written understandings or agreements between us and you.

Copyrights and Trademarks

1. All the materials contained in this website are protected by copyright and trade mark law.
2. You are not allowed to download, modify or copy the materials on the website.
3. You are not allowed to remove any copyright or other proprietary notations from the materials.
4. You are not allowed to embed any pages on other servers outside of the built-in functionality flipmsg provides to its users.
5. You are not allowed to use the materials on the website for any commercial purpose.

Intellectual property rights:

1. You confirm that you own all intellectual property rights in your Content, or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users , in any territory in which Flipmsg is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.


2. You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of Flipmsg. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.


3. The license which you grant to us above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Flipmsg, that we do not have to pay you for the license, and that we can grant a sublicense of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Flipmsg, as well as to use your Content for other normal operations of Flipmsg. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.


4. Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.


5. You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on Flipmsg. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content to add watermarks, stickers or text to your Content.

Content Disclaimer

1. Flipmsg content is created by its users.
2. Flipmsg makes no warranties, may it be expressed or implied, therefore negates all other warranties.
3. Flipmsg does not make any representations concerning the accuracy or reliability of the content on the website.

Linking To Flipmsg.com

1. You may link to the Flipmsg homepage, or any other assets you own on the platform (e.g: Profiles), you can also link to any content you have created for promotion purposes. Provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.


2. When promoting your assets (e.g: Profiles) or content (e.g: posts), you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your assets and content. When promoting your assets and content, you must not impersonate Flipmsg or any other entity, or give the impression that your assets or content is being promoted by us if this is not the case.


3. You are allowed to promote your assets and content by using:
   
   a. Google Ads, Facebook Ads or any other PPC advertising platform
   b. Footer links on your website
   c. Embedded widgets provided by Flipmsg on your website
   d. Email Marketing
   e. Social Media Marketing
   f. Youtube and Video marketing
   g. Article Marketing
   
   or any other promotion tool/platform/method, unless stated otherwise.

Links From Flipmsg.com

1. If flipmsg.com contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from flipmsg.com, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Damage and Loss

1. We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of Flipmsg.


2. Our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 0 (or equal in local currency) per claim.


3. If you are a business User, you agree that: We and our subsidiary companies, employees, owners, representatives, and agents: exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to Flipmsg or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
   we are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service.
   
   We are not responsible to you for any loss or damage suffered by you even if its from our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen; we won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with: your inability to use Flipmsg or any of its services, features or programs. or your use of or reliance on any content (including Content) hosted or stored on Flipmsg.


4. We won't be liable to you for any loss or damage caused by a distributed denial-of-service (DDoS) attack, virus, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Flipmsg or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it.


5. We won't be liable to you for any loss or damage caused by spammers and comment spam on the website.


6. We won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party.


7. We won't be liable to you in any case of impersonation of your real name, business, brand or any other entity name or identity.


8. We won't be liable to you for any disclosure of your identity , or any disclosure or publication of your personal or business information by other Users or third parties without your consent.


9. We won't be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control.


10. We won't be liable to you for any loss from failure of third party services (e.g: paypal).


11. Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to:
    USD 0 (or equal in local currency)

We are not liable for:

1. Indirect or consequential loss or damage
2. Any loss of profits
3. Any loss of assets (e.g: accounts, profiles and followers)
4. Any loss of data, information or contacts.
5. Any loss of historic or analytic data.
6. Any loss of connections.
7. Any loss of revenue generated on the website
8. Any loss of content
9. Any loss of business, or sales
10. Business interruption
11. Loss of anticipated savings
12. Loss of business opportunity, goodwill or reputation
13. Brand name damage from content or users on the website
14. Any loss caused by hacking attempts
15. Any loss caused by spam
16. Any loss caused by downtime
17. Any loss caused by hardware failure
18. Any loss caused by database failure
19. Any loss caused by technical bugs and errors
20. Any loss caused by backup failure
21. Any loss caused by lack of speed or performance
22. Any loss caused by poor mobile/device experience