Fliprag maintains this Terms & Conditions Agreement to provide users of its Services with a clear statement of rules and user restrictions that apply to the use of Fliprag Services. Your compliance with and cooperation in Fliprag's enforcement of this Agreement is an express condition to your continuing contractual rights to use Fliprag's Services. This Agreement also apply to your employees, agents, contractors and end users. The evolving nature of the Internet and on-line commerce makes it necessary for Fliprag to reserve the right to make changes to this Agreement at any time. You agree that any changes will be effective when posted online at this location and that your continued use of Fliprag's Services will constitute your acceptance of any changes or additions to this agreement. You may determine the date of posting at the Effective Date section at the end of this Agreement.

This Agreement is not intended to address all possible unacceptable uses of Fliprag's Services. As a result, Fliprag reserves complete discretion to determine what constitutes an unacceptable use of its Services and reserves the right to suspend or terminate your Services, or take such other action as Fliprag deems appropriate in its sole discretion.

Prohibited Uses
Your use of Fliprag services may not violate any of the following provisions. Fliprag may suspend or terminate your services if it determines, in its sole and exclusive discretion, that you have engaged in any activity that violates this Agreement. You violate this Agreement when you, your end users or any third party acting on your end users' behalf, engage in any activity, directly or indirectly, or attempt to engage in an activity, whether successfully or otherwise, contrary to this Agreement. You are solely responsible for any activity on your account; third parties and end users will not be held liable.

Fliprag will not intervene or become involved in any disputes between you and a third party. Consequently, Fliprag reserves the right, in its sole and exclusive discretion, to suspend or terminate your services upon its receipt of any third party complaint that you have engaged in any activity that violates this Agreement, that may otherwise subject Fliprag to liability for any reason, or that may cause Fliprag to incur legal fees or other expenses.

Fliprag may suspend and terminate your services under this Agreement without notice to you or your end users. Fliprag may also report your activities to federal, state, and/or other law enforcement agencies.

Subscribers violate the Fliprag Agreement when they or anyone using their account engage in the following prohibited activities:
  • Illegal or Unauthorized Access to Other Computers or Networks: Illegally accessing computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
  • Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Fliprag is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Fliprag's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
  • Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities: Distributing information regarding the creation or sending of Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, denial of service attacks, etc. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
  • Spamming: Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Fliprag, but also because it can overload Fliprag's network and disrupt service to Fliprag subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Fliprag has the discretion to determine from all of the evidence whether the email is spam or not.
  • Defamatory or Abusive Language: Using Fliprag's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
  • IRC: Fliprag does not allow IRC servers or IRC bots to be operated within our network without our express permission.
  • Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
  • Racist or Hate-Related Material: Any racist or hate related material must be deleted immediately.
  • Child Pornography: You may not use Fliprag Services to disseminate or display images or other content that constitutes child pornography. Fliprag applies a zero tolerance policy to the enforcement of this prohibition. Fliprag takes an active role in cooperating with law enforcement officials in their efforts to prosecute violations of statutes that prohibit the dissemination of child pornography. You will not be notified that Fliprag may be cooperating with law enforcement or that Fliprag has reported the use of its Services in this manner. For further information about child pornography, you may visit the web site of the National Center for Missing and Exploited Children at ncmec.org.
  • Warez or Copyright Violations: If you are found to be distributing or storing "warez" software (for example, a copy of Adobe Photoshop or MSOffice), then the files will be deleted inmediately and your account may be terminated immediately. You will be given an immediate warning if a copyright holder of some file you are distributing contacts us for removal and submits evidence, however, we will not await your reply before taking action if we feel it is necessary.
  • Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States.
  • Facilitating a Violation of this Agreement: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, warez and piracy of software.
  • Usenet Groups: Fliprag reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates this Agreement.
  • Other Activities: Engaging in activities, whether lawful or unlawful, that Fliprag determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

Proprietary Rights of Content
Fliprag does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Fliprag Services. After posting your Content to the Fliprag Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Fliprag Services, you hereby grant to Fliprag a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Fliprag Services, including without limitation distributing part or all of the Fliprag Website in any media formats and through any media channels. This limited license does not grant Fliprag the right to sell or otherwise distribute your Content outside of the Fliprag Services. After you remove your Content from the Fliprag Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.

The license you grant to Fliprag is non-exclusive (meaning you are free to license your Content to anyone else in addition to Fliprag), fully-paid and royalty-free (meaning that Fliprag is not required to pay you for the use on the Fliprag Services of the Content that you post), sublicensable (so that Fliprag is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Fliprag Services), and worldwide (because the Internet and the Fliprag Services are global in reach).

You represent and warrant that: (i) you own the Content posted by you on or through the Fliprag Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Fliprag Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Fliprag Services.

The Fliprag Services contain Content of Fliprag ("Fliprag Content"). Fliprag Content is protected by copyright, trademark, patent, trade secret and other laws, and Fliprag owns and retains all rights in the Fliprag Content and the Fliprag Services. Fliprag hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Fliprag Content (excluding any software code) solely for your personal use in connection with viewing the Fliprag Website and using the Fliprag Services.

The Fliprag Services contain Content of Users and other Fliprag licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Fliprag Services.

Content Posted
Fliprag may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Fliprag violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Fliprag assumes no responsibility for monitoring the Fliprag Services for inappropriate Content or conduct. If at any time Fliprag chooses, in its sole discretion, to monitor the Fliprag Services, Fliprag nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Fliprag Services, and any material or information that you transmit to other Members and for your interactions with other Users.

Prohibited Content
The following are examples of the kind of Content that is illegal or prohibited to post on or through the Fliprag Services. Fliprag reserves the right to investigate and take appropriate legal action against anyone who, in Fliprag's sole discretion, violates this provision, including without limitation, removing the offending Content from the Fliprag Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Fliprag:
  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 18;
  • publicly posts information that poses or creates a privacy or security risk to any person;
  • constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Visitors;
  • involves commercial activities and/or sales without prior written consent from Fliprag such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph or video of another person that you have posted without that person's consent;
  • uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the User; or
  • violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Fliprag Website and through your use of the Fliprag Services. Fliprag reserves the right to investigate and take appropriate legal action against anyone who, in Fliprag's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Fliprag Services;
  • activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • interfering with, disrupting, or creating an undue burden on the Fliprag Services or the networks or services connected to the Fliprag Services;
  • impersonating or attempting to impersonate another Member, person or entity;
  • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your account;
  • using any information obtained from the Fliprag Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  • using the Fliprag Services in a manner inconsistent with any and all applicable laws and regulations.

Account Security/Responsibility
You agree that you accept full responsibility for the security of your Member account. You will not give your password to any other party and you will take full responbility that the password uses good security practices and is changed on a regular basis. You accept full responsibility that your password cannot be stolen via keylogger or other malware on your computer.

Copyrights and Other Intellectual Property.
Fliprag respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Fliprag has the right to terminate the Membership of infringers.

Effective Date
These Terms & Conditions were last updated on June 1, 2009.

We are not responsible for any typographical or translation error.

We hope this Agreement is helpful in clarifying the obligations of Internet users, including Fliprag and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this Agreement should be sent to abuse@fliprag.com.


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