Terms of Service

Preamble

By using the Digital Signage Service, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

The Service is provided by Flipnode LLC, a Delaware-based partnership, based in Corporation Trust Center, 1209 Orange St, Wilmington, DE 19801.

Flipnode reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account. While Flipnode prohibits such conduct and content on the Service, you understand and agree that Flipnode cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk. Sections titles below are for informational reasons only and do not alter the meaning of the individual terms therein.

A. Accounts Terms

  1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  2. Whenever you are asked by the Service, you must provide your legal full name, a valid email address, and any other information requested in order to proceed. Provide dummy or false information is strictly prohibited. This entity will be registered as the Account Holder.
  3. Your login may be used by more than one persons. The Service does not prevent multiple simultaneous logins, but cannot be held liable for any security issues that arise from such use. You confirm that all persons that you provide access to your Account have agreed to these Terms.
  4. One person or legal entity may not maintain or use more than one Free Account. You must use a single Account for all monitors(screens) that you manage through the Service, unless otherwise agreed with Flipnode. Using multiple Free Accounts (which allow only one monitor(screen) to be managed), or any combination of Free Accounts and Paid Accounts, to manage multiple monitors(screens) is not allowed.
  5. You are responsible for maintaining the security of your account and password. Flipnode cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You, the Account Holder, and all users that you have provided access to your Account, are responsible for all Content posted and broadcasted, as well as all activity that occurs under your Account.
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

B. Health & Safety

  1. Flipnode accepts no responsibility for any death or injury to any person(s), or damage to property, arising from use or misuse of products or services purchased.
  2. In the event of doubt as to correct usage of equipment, you are advised to contact the original manufacturer directly with any queries before using the product(s).

C. Service Cancellation and Termination

  1. You are solely responsible for properly cancelling your Account. An email or phone request to cancel your account is not considered cancellation. The Account management screen provides a simple “no questions asked” cancellation link.
  2. Flipnode, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.
  3. Service cancellation does not entitle you to any kind of additional Physical Goods return rights or refund rights.
  4. Flipnode reserves the right to refuse service to anyone for any reason at any time.

D. Modifications to the Service and Service Prices

  1. Flipnode reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Flipnode shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

E. Copyright and Content Ownership

  1. Flipnode shall not claim any intellectual property rights over the media and content you provide to the Service. Your profile and materials uploaded remain yours.
  2. You are solely responsible for any content that you broadcast or display through the Service. You hereby confirm that you are authorized or licensed to display any media, content, data and information you provide to the Service, in the way that the Service reproduces it.
  3. Flipnode does not pre-screen Content, but Flipnode and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is broadcasted via the Service.
  4. All code and content provided to you by Flipnode through the Service, is copyrighted and no other use, besides through the Service, is allowed.
  5. All code, content and information provided by you to Flipnode through the Service, will not be used by Flipnode outside the scope of the Service. Flipnode will not disclosure any type of information to any 3rd party without your explicit written consent, except a) the fact that you are using the Service, b) incorporating your usage patterns into reports and statistics about the Service.
  6. In case of customizations (including, but not restricted to, custom Widgets) developed by Flipnode, all relevant code and content provided is copyrighted by Flipnode, unless otherwise expressly stated by Flipnode in writing.
  7. Flipnode may review customizations (custom Widgets) you have uploaded for screening unlawful derivative works from existing code copyrighted by Flipnode. By uploading such derivative works, you grant Flipnode with an irrevocable and non-restrictive license to use, modify and distribute the derivative works in any way Flipnode sees fit.
  8. The look and feel of the Service is copyrighted. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Flipnode.

F. Resellers and Partners

  1. The Service, technically, provides inherent support for Resellers and Partners.
  2. The Terms of Service apply in whole to (i) the Account Holder, (ii) users the Account Holder has provided access to the Account, and (iii) end-customers and end-users that may receive services through the Service indirectly by a 3rd Party acting as a Reseller or Partner. These apply for both the Service and any Physical Goods purchased through it.

G. General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. You understand that Flipnode uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Flipnode.
  5. Flipnode may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  6. We retain the right to contact you from time-to-time via email. You can remove yourself easily from the related communication list.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Flipnode customer, employee, member, or officer will result in immediate Account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. Flipnode does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that Flipnode shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service or related physical goods.
  13. The failure of Flipnode to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Flipnode and govern your use of the Service, superseding any prior agreements between you and Flipnode (including, but not limited to, any prior versions of the Terms of Service).