Acceptance of Terms.
The following terms and conditions govern all use of the
sharing.theflip.com website (the Site) and the services available on or
at the Site (taken together, the Service). The Service is controlled
and operated by Pure Digital Technologies, Inc. (Company). These terms
and conditions apply to all users of the Service, including users who
are also contributors of video content, information, and other materials
or services on the Site.
The Service is offered subject to acceptance without modification of all
of the terms and conditions contained herein (the Terms of Use) and all
other operating rules, policies and procedures that may be published
from time to time on this Site by Company.
The Service is available only to individuals who are at least 18 years
old. If you are not at least 18 years old, do not attempt to register
for or use the Service. Company may, in its sole discretion, refuse to
offer the Service to any person or entity and change its eligibility
criteria at any time.
Modification of Terms of Use.
Company reserves the right, at its sole discretion, to modify or replace
any of the Terms of Use at any time. It is your responsibility to check
the Terms of Use periodically for changes. Your continued use of the
Service following the posting of any changes to the Terms of Use
constitutes acceptance of those changes.
Privacy.
Company's current Site privacy statement is located at
http://www.theflip.com/privacy.shtml (the Privacy Policy)
and is incorporated into these Terms of Use. For inquiries in regard to
the Privacy Policy, or to report a privacy-related problem, please
contact privacy@puredigitalinc.com.
Rules and Conduct.
As a condition of use, you promise not to use the Service for any
purpose that is prohibited by the Terms of Use. The Service (including,
without limitation, any Content or User Submissions (both as defined
below)) is provided only for your own personal, non-commercial use. For
purposes of the Terms of Use, "Content" includes, without limitation,
any information, data, text, software, scripts, graphics, photos,
sounds, music, videos, interactive features generated and the like,
provided, or otherwise made accessible by Company or its partners on or
through the Service.
By way of example, and not as a limitation, you shall not (or permit
others to) either (a) take any action or (b) upload, download, post,
submit or otherwise distribute or facilitate distribution of any content
using any communications service or other service available on or
through the Service, that:
+ infringes any patent, trademark, trade secret, copyright, right
of publicity or other right of any other person or entity;
+ is unlawful, obscene, defamatory, libelous, threatening,
fraudulent, abusive, pornographic, or harassing, encourages conduct
that would be considered a criminal offense, or does or could give
rise to civil liability or violate any law, rule or regulation, or
is otherwise objectionable;
+ is non-public information, without the authorization to do so;
+ constitutes a chain letter, pyramid scheme, investment
opportunity or other unsolicited commercial communication or an
unauthorized or unsolicited advertising, junk or bulk e-mail
("spamming");
+ contains software viruses or any other computer codes, files, or
programs that are designed or intended to disrupt, damage, limit or
interfere with the proper function of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized
access to any system, data or other information of Company or any
third party; or
+ impersonates any person or entity, including any employee or
representative of Company.
Additionally, you shall not: (i) take any action that imposes or may
impose (as determined by Company in its sole discretion) an unreasonable
or disproportionately large load on Company's (or its third party
providers') infrastructure; (ii) interfere or attempt to interfere with
the proper working of the Service or any activities conducted on the
Service; or (iii) bypass any measures Company may use to prevent or
restrict access to the Service (or other accounts, computer systems or
networks connected to the Service).
You shall not (directly or indirectly): (i) decipher, decompile,
disassemble, reverse engineer or otherwise attempt to derive any source
code or underlying ideas or algorithms of any part of the Service,
except to the limited extent applicable laws specifically prohibit such
restriction, (ii) modify, translate, or otherwise create derivative
works of any part of the Service, or (iii) copy, rent, lease,
distribute, or otherwise transfer any of the rights that you receive
hereunder.
You shall abide by all applicable local, state, national and
international laws and regulations. The Service may permit you to link
to other websites or resources on the Internet, and other websites or
resources may contain links to the Site. These other websites are not
under Company's control, and you acknowledge that Company is not
responsible or liable for the content, functions, accuracy, legality,
appropriateness or any other aspect of such websites or resources. The
inclusion of any such link does not imply endorsement by Company or any
association with its operators. You further acknowledge and agree that
Company shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection
with the use of or reliance on any such Content, goods or services
available on or through any such website or resource.
Company Content Generally.
You agree that the Service contains Content specifically provided by
Company or its partners and that such Content is protected by
copyrights, trademarks, service marks, patents, trade secrets or other
proprietary rights and laws. Except as expressly authorized by Company
in writing, you shall not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit or create derivative works from such Content. However,
Company hereby grants you a limited, revocable, non-sublicensable
license to reproduce and display the Content (excluding any software
code); provided, that you retain all copyright and other proprietary
notices contained therein. Reproducing, copying or distributing any
Content, materials or design elements on the Site for any other purpose
is strictly prohibited without the express prior written permission of
Company.
User Submissions.
The Service may provide you with the ability to upload, submit,
disclose, distribute or otherwise post (hereafter, "posting") content
(including, without limitation, information, data, video, photos and
images) to the Service ("User Submissions"). By posting User
Submissions on or at the Site or otherwise through the Service, you:
+ grant to Company a non-exclusive, worldwide, perpetual,
irrevocable, transferable, royalty-free license to use, reproduce,
distribute, prepare derivative works of, display, perform and
otherwise exploit User Submissions, with the right of Company to
grant sublicenses, in connection with the Site and the Company's
(and its successors' and assigns') business in any form and for any
purpose, including without limitation, any concepts, ideas or
know-how embodied therein;
+ grant each user of the Site and Company's other websites a
non-exclusive license to access your User Submissions through such
websites, and to use, reproduce, distribute, prepare derivative
works of, display and perform such User Submissions as may be
permitted through such websites' functionality from time to time;
+ represent and warrant that you own, or have the necessary
licenses, rights, consents, and permissions to use and authorize the
use, of all patent, trademark, trade secret, copyright or other
proprietary rights in and to any the User Submissions;
+ represent and warrant that you have the written consent,
release, and /or permission of each and every identifiable
individual person in the User Submission to use the name or likeness
of each and every such identifiable individual person in the manner
contemplated;
+ represent and warrant that you own or otherwise control all
rights to such User Submissions and that disclosure and use of such
User Submissions by Company (including without limitation,
publishing content on or at the Site) will not infringe or violate
the rights of any third party;
+ represent and warrant that none of the User Submissions are
subject to any obligation to any author or owner, whether of
confidentiality, attribution or otherwise; and
+ acknowledge that such User Submissions may not be treated
confidentially.
You may access User Submissions solely:
+ for your information and personal use;
+ as intended through the normal functionality of the Service; and
+ for Streaming.
"Streaming" means a contemporaneous digital transmission of an
audiovisual work via the Internet from the Service to a user's device in
such a manner that the data is intended for real-time viewing and not
intended to be copied, stored, permanently downloaded, or redistributed
by the user. Accessing User Submissions for any purpose or in any manner
other than Streaming is expressly prohibited. User Submissions are made
available "as is."
You may access Content, User Submissions and other content only as
permitted under this Agreement. The Company reserves all rights not
expressly granted in and to the Content and Service.
You agree to not engage in the use, copying, or distribution of any of
the Content other than expressly permitted herein, including any use,
copying, or distribution of User Submissions of third parties obtained
through the Site for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with
security-related features of the Site or features that prevent or
restrict use or copying of any Content or enforce limitations on use of
the Site or the Content therein.
You understand that when using the Site, you will be exposed to User
Submissions from a variety of sources, and that the Company is not
responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions. You further
understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable, and you
agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against the Company with respect thereto,
and agree to indemnify and hold the Company, its owners, operators,
affiliates, and/or licensors, harmless to the fullest extent allowed by
law regarding all matters related to your use of the Site.
You shall not to provide Company with any confidential or proprietary
information that you desire or are required to keep secret. You are
solely responsible for the User Submissions you post on or through the
Service. Company does not endorse and has no control over any User
Submission.
Company has no obligation to monitor the Site, Service, Content, or User
Submissions. Company may remove any User Submission at any time for any
reason (including, but not limited to, upon receipt of claims or
allegations from third parties or authorities relating to such User
Submission), or for no reason at all.
Termination.
Company may terminate your access to all or any part of the Service at
any time, with or without cause, with or without notice, effective
immediately. If you wish to terminate your account, you may simply
discontinue using the Service. All provisions of the Terms of Use which
by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
The Company reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Use for
violations other than copyright infringement and violations of
intellectual property law, such as, but not limited to, pornography,
obscene or defamatory material, or excessive length. The Company may
remove such User Submissions and/or terminate a User's access for
uploading such material in violation of these Terms of User at any time,
without prior notice and at its sole discretion.
No Warranties.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY
COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS,
PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL
BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY
DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE
AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR
REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability.
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT,
TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH
RESPECT TO THE SERVICE FOR ANY LOST PROFITS OR SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
(HOWEVER ARISING), WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
Indemnification.
You shall defend, indemnify, and hold harmless Company, its affiliates
and each of its, and its affiliates employees, contractors, directors,
suppliers and representatives from all liabilities, claims, and
expenses, including reasonable attorneys' fees, that arise from your (i)
use or misuse of the Service; (ii) your access to the Site, use of the
Services, violation of the Terms of Use by you; (iii) the infringement
by you, or any third party using your account, of any intellectual
property or other right of any person or entity; or, (iv) any claim that
one of your User Submissions caused damage to a third party. Company
reserves the right to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you
will assist and cooperate with Company in asserting any available
defenses.
International/Non-California Use.
Company makes no representation that the Content is appropriate or
available for use in locations outside of California, and accessing the
Service is prohibited from territories where such Content is illegal.
If you access the Service from other locations, you do so at your own
initiative and are responsible for compliance with local laws.
Dispute Resolution.
A printed version of the Terms of Use and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to the Terms of Use to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. You
and Company agree that any cause of action arising out of or related to
the Service must commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently barred.
The Terms of Use shall be governed by and construed in accordance with
the laws of the State of California, excluding its conflicts of law
rules, and the United States of America. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of or
relating to the Terms of Use or your use of this Site or Services shall
be filed only in the state or federal courts located in San Francisco
County, California and you further agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating any
such claim or action. Use of the Service is not authorized in any
jurisdiction that does not give effect to all provisions of the Terms of
Use, including without limitation, this section.
Integration and Severability.
The Terms of Use are the entire agreement between you and Company with
respect to the Service and use of this Site, and supersede all prior or
contemporaneous communications and proposals (whether oral, written or
electronic) between you and Company with respect to this Site (but
excluding the use of any software which may be subject to a separate
end-user license agreement). If any provision of the Terms of Use is
found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that the Terms of Use will
otherwise remain in full force and effect and enforceable.
Miscellaneous.
The Terms of Use are personal to you, and are not assignable,
transferable or sublicensable by you except with Company's prior written
consent. Company may assign, transfer or delegate any of its rights and
obligations hereunder without consent. No agency, partnership, joint
venture, or employment relationship is created as a result of the Terms
of Use and neither party has any authority of any kind to bind the other
in any respect. In any action or proceeding to enforce rights under the
Terms of Use, the prevailing party will be entitled to recover costs and
attorneys' fees. All notices under the Terms of Use will be in writing
and will be deemed to have been duly given when received, if personally
delivered or sent by certified or registered mail, return receipt
requested; when receipt is electronically confirmed, if transmitted by
facsimile or e-mail; or the day after it is sent, if sent for next day
delivery by recognized overnight delivery service.
Copyright and Trademark Notices.
Unless otherwise indicated, the Terms of Use and all Content provided by
Company are copyright © 2008 Pure Digital Technologies, Inc. All rights
reserved.
The Company's trademarks and/or registered trademarks include but are
not limited to Pure Digital and Flip Video. The names of actual
companies and products mentioned at the Site may be the trademarks of
their respective owners.
Digital Millennium Copyright Act Notice.
Company has adopted the following general policy toward copyright
infringement in accordance with the Digital Millennium Copyright Act
(http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of
Company's Designated Agent to Receive Notification of Claimed
Infringement ("Designated Agent") is listed at the end of this policy.
It is Company's policy to (1) block access to or remove Content that it
believes in good faith to be copyrighted material that has been
illegally copied and distributed by any of our advertisers, affiliates,
content providers, members or users; and (2) remove and discontinue
service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through
the Company web site or service infringes a copyright, please
send a notice of copyright infringement containing the following
information to the Designated Agent listed below:
1. A physical or electronic signature of a person
authorized to act on behalf of the owner of the copyright
that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the Content that is claimed to be
infringing including information regarding the location of
the Content that the copyright owner seeks to have removed,
with sufficient detail so that Company is capable of finding
and verifying its existence;
4. Contact information about the notifier including
address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief
that the Content is not authorized by the copyright owner,
its agent, or the law; and
6. A statement made under penalty of perjury that the
information provided is accurate and the notifying party is
authorized to make the complaint on behalf of the copyright
owner.
B. Once Proper Bona Fide Infringement Notification is Received by
the Designated Agent:
It is Company's policy:
1. to remove or disable access to the infringing Content;
2. to notify the Content provider, member or user that it has
removed or disabled access to the Content; and
3. that repeat offenders will have the infringing Content
removed from the system and that Company will terminate such
content provider's, member's or user's access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content
that was removed or to which access was disabled is either not
infringing, or the Content provider, member or user believes that it
has the right to post and use such Content from the copyright owner,
the copyright owner's agent, or pursuant to the law, the content
provider, member or user must send a counter-notice containing the
following information to the Designated Agent listed below:
1. A physical or electronic signature of the Content provider,
member or user;
2. Identification of the Content that has been removed or to
which access has been disabled and the location at which the
Content appeared before it was removed or disabled;
3. A statement that the Content provider, member or user has a
good faith belief that the Content was removed or disabled as a
result of mistake or a misidentification of the Content; and
4. Content provider's, member's or user's name, address,
telephone number, and, if available, e-mail address and a
statement that such person or entity consents to the
jurisdiction of the Federal Court for the judicial district in
which the content provider's, member's or user's address is
located, or if the Content provider's, member's or user's
address is located outside the United States, for any judicial
district in which Company is located, and that such person or
entity will accept service of process from the person who
provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company's
may send a copy of the counter-notice to the original complaining
party informing that person that it may replace the removed Content
or cease disabling it in 10 business days. Unless the copyright
owner files an action seeking a court order against the Content
provider, member or user, the removed Content may be replaced, or
access to it restored, in 10 to 14 business days or more after
receipt of the counter-notice, at Company's discretion.
Please contact Company's Designated Agent to Receive Notification of
Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Alan Henricks, Chief Financial Officer
Pure Digital Technologies Inc.
30 Maiden Lane, 6th Floor
San Francisco, CA 94108
Tel: 415-445-7628
Fax: 415-445-7623
Email: DMCAagent@puredigitalinc.com
Contact.
You may contact Company at the following address:
30 Maiden Lane 6th Floor San Francisco, California 94108.
VER060608