Terms of Service
Welcome to FlipBuilder.com (“FlipBuilder”, “Platform” or “Site”, “Website”), a subsidiary site of Wonder Idea Technology Limited (hereinafter “Wonder Idea”, “we”,”us” or the “Company”).
These terms of service (the “Terms”, “Agreement”) govern your access to FlipBuilder’s application and services (“Services”, or “Service”), so please carefully read them before using the Services.
Under this agreement, (i)”Services” shall mean any of the Internet based or other services offered by the Company, including, but not limited to, those listed at this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a computer software, a mobile application, on your cell phone or otherwise; (ii) “Published Content” means digital assets uploaded and published via the Services; (iii) “Pre-Publication Assets” means raw editorial content (e.g., text, images, layout information) uploaded to our Platform; (iii) “User Submissions” means Published Content and Pre-Publication Assets, collectively, and also means each and every item of content or other materials (including but not limited to images, links, documents, text, writings, photographs, graphics, videos, greeting cards, “Skins”, “Sketches”, or files) uploaded by a user through the Service or otherwise integrated into the Service by a user; (iv) “User Created Art” shall mean any intellectual property created by a user as part of his or her use of the Services.
By using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
By accessing and using our website, you agree to the Terms that are subject to the Master Terms of Service (“Master Terms”) which are incorporated by reference, and you further agree to comply with all these provisions and terms.
These Terms apply to your use of our website as well as other pages, information, software, services, products and contents which may be operated, hosted or managed by FlipBuilder or its affiliates. Some of these products and services may require your use of an Account (the “Account”), and these terms contain terms which are applicable to the use of such products and services. By using our Services or by completing the registration process to obtain and use an Account, you agree to be bound by this Agreement for as long as you continue to be a member. If you do not agree to this Agreement, please do not register with our Website or otherwise access or use our Website.
You may use the Service only in compliance with these Terms. You may use the Service only if you have the power to form a contract with FlipBuilder and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features.
If you breach any of the Terms in these Terms of Services, your authorization to use our Services automatically terminates.
1. Use of The Service
1.1 Use of the Site – What FlipBuilder Provides
The Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and to display the Results of such Service (“Proprietary Format”). You agree not to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of the Company.
The Company grants you a limited revocable license to post a copy of the Proprietary Format, on your own personal website or on a third-party website that complies with all applicable laws and these Terms of Service.
Finally, the Company reserves the right to discontinue the Services or to change the content of the Services in any way and at any time, with or without notice to you, without liability.
1.2 Use of the Site – Your Obligations
You represent and agree that:
- You are able to enter into this agreement. You have the right, authority, and capacity to enter into the agreement represented by these Terms and to abide by all of the terms and conditions of these Terms;
- The Service requires all persons to be at least 13 years old before they create an account. If you are between age 13 and the age of majority where you reside, your legal guardian must review and agree to the terms of service. Creating an account using false information is a violation of our terms.
- You will be bound by any additional rules or policies published within or with respect to any application (“app”), forum, contest, or game provided in the Services;
- Except as expressly permitted, you will not copy, redistribute, publish or otherwise exploit material from the Services without the express prior written permission of the Company;
- Any User Created Art is your original work and your contribution to the User Created Art does not violate any third party’s privacy rights, publicity rights, copyright or other intellectual property rights;
- Any User Submissions is your original work and your contribution to the User Submissions does not violate any third party’s privacy rights, publicity rights, copyright or other intellectual property rights;
- You agree to pay all royalties, fees, and any other amounts with respect to your contribution to User Created Art and User Submissions;
- You have the right to display each and every item of User Created Art and User Submissions which you have released through the Services, including the right to display all copyrights, trademarks, trade names and similar intellectual property;
- You do not rely on the Company to monitor or edit the Services;
- The Services may contain content which you find offensive and you waive any objections you might have with respect to viewing such content.
- You comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user ID or password, including the content of the materials you post.
2.2 Create Account
In order to use the full features of the Service, you must register for an account or log into the Service using your third party platform that we support (“Integrated Service”). Your use of any account with an Integrated Service is subject to any terms, conditions, and policies, including privacy policies, of that Integrated Service. When you use the Service to upload, download, or purchase content or any products, services, or information, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify us. You are solely liable for the losses incurred by FlipBuilder or others due to any unauthorized use of your Service account.
All FlipBuilder accounts are non-transferable, and any rights to them terminate upon the account holder’s death. You can change or correct your account information at any time by logging into your FlipBuilder account.
Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account to FlipBuilder, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.
You can use the Service only to the files created by FlipBuilder’s services, like HTML, SWF, ZIP, EXE, APP, “files”, “mobile” folders, or related files you used in your created flip books, like images, sounds, videos, etc.
If you use the Service to host other files, we may stop, suspend, or modify the Service at any time without prior notice to you. We may also remove any content from our Service at our discretion.
2.3 Account Suspension
We reserve the right to suspend or end the Services account at any time, with or without cause, and with or without notice. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You will not be credited for the time your books were suspended. Though we’d much rather you stay, you can stop using the Services any time.
3. Payment and Fees
3.1 Paid Services
Some portions of the Service may have fees associated with them (each, a “Paid Service”). You will have the opportunity to review and accept the fees that you will be charged before using a Paid Service. We may change fees for any portion of the Service at any time. Unless otherwise stated, all fees are quoted in U.S. Dollars. One such Paid Service may be the Digital Sales Feature, further described in the Digital Sales Section below.
3.2 Free Trial
We may make available a free trial for a Paid Service without charge to you (“Free Trial”). You may be required to enter a Payment Method (defined below) in order to register for a Free Trial. The applicable Paid Service will automatically commence, and your Payment Method will be charged in accordance with Section 3.3, at the end of the Free Trial unless you log into your account and cancel the Paid Service before the end of the Free Trial.
3.3 Payment Information
You are solely responsible for paying all fees and applicable taxes associated with the Services in a timely manner with a valid payment method. By electing to purchase or otherwise use a Paid Service, you authorize FlipBuilder or its third party payment processors to charge the credit card or other payment method identified by you (“Payment Method”), which you represent and warrant that you are authorized to use, all applicable fees for that Paid Service, including all applicable taxes. For purchases of one-time Paid Services (i.e., not subscriptions), your Payment Method will be billed for that Paid Service on the date that you make the purchase.
For purchases of subscriptions to Paid Services:
Your “Subscription Billing Date” is the date when you purchase your first subscription to a Paid Service. For example, if you purchase your first subscription to a Paid Service on January 10th: (1) your Subscription Billing Date for your first monthly subscription and all other monthly subscriptions you purchase is the 10th of each month, (2) your Subscription Billing Date for your first annual subscription is January 10th of each year, and (3) your Subscription Billing Date for all subsequent purchases of annual subscriptions will be the next soonest 10th monthly calendar day after your date of purchase. Your Payment Method will be charged automatically on the Subscription Billing Date all applicable fees for the next month or year, as applicable. For any subscription to a Paid Service that you purchase after your Subscription Billing Date is established, your Payment Method will first be not charged a pro-rata amount of the subscription fee for the number of days between the purchase date and the applicable Subscription Billing Date. Your Payment Method will still be charged the full periodic subscription fee for the next month or year, as applicable, on each Subscription Billing Date.
You agree that our 3rd party payment processors shall be permitted to charge your credit card monthly in advance of providing the Service if you choose the monthly payment mode. The Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by our 3rd party payment processors may be turned over to an outside collection agency for collection.
3.5 Termination of Subscriptions
For any subscription to a Paid Service, that subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next period’s (i.e., month’s or year’s) subscription fees to your Payment Method. We will bill the periodic subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
Warning: termination of subscription may affect your content reading experience, including but not limited to access denied, deletion, having promotion ADs, and other consequences that we might change from time to time in order to keep our Service running more healthy and your interest in good-faith.
3.6 Third Parties and Fee Collection
You acknowledge and agree that any credit card and related billing and payment information that you provide to FlipBuilder may be shared by FlipBuilder with companies who work on FlipBuilder’s behalf, such as payment processors or credit agencies, solely for the purpose of checking credit, effecting payment to FlipBuilder and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If your Payment Method for any Paid Service fails or your account is past due, (i) you agree to pay all amounts due on your FlipBuilder account upon demand, (ii) FlipBuilder may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (iii) FlipBuilder reserves the right to either suspend or terminate your access to one or more FlipBuilder Services or your account with FlipBuilder. Upon any such termination, you will remain obligated to pay all outstanding fees and charges relating to your account and your use of the FlipBuilder Service before termination.
You are responsible for paying any governmental taxes imposed on your use of the FlipBuilder Services, including sales, use, or value-added taxes. If requested, you will promptly furnish to FlipBuilder the applicable receipts or certificates regarding such remittances as soon as reasonably practicable. To the extent that FlipBuilder is obligated to collect such taxes, the Company will charge your Payment Method or otherwise add the applicable to your billing account.
4. User Submissions
4.1 Pre-Publication Assets
By uploading Pre-Publication Assets to our Sites, you hereby grant to FlipBuilder a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, store, transfer, display, perform, reproduce, and distribute your Pre-Publication Assets on the FlipBuilder Service solely in order to enable you, and other Users specified by you, to work with those Pre-Publication Assets in the manner selected by you. You may invite non-Users to collaborate on Pre-Publication Assets, but in order to access the Pre-Publication Assets on the Service, each individual will be required to accept these Terms.
4.2 Published Content
By uploading Published Content to the FlipBuilder, you hereby grant to FlipBuilder a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise use your Published Content, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your Published Content through the Service. This license includes, for example, the right of FlipBuilder to engage a partner to distribute Published Content, whether or not such partner identifies FlipBuilder as a partner, to such partner’s customer base on a free or paid basis. This license also includes the right for FlipBuilder to convert your Published Content to FlipBuilder’s proprietary format, or such other file formats as may be used by FlipBuilder, and to display and make your Published Content available, in whole or in part (including excerpts), on the Service in association with other Published Content, content or advertising. Subject to the license grant to other Users below, the license granted by you to FlipBuilder in this paragraph terminates as to a specific Published Content once you remove or delete such Published Content from the Service.
You are solely responsible for all of your User Submissions and you hereby recognize and affirm that the FlipBuilder Service is merely providing you the means to collaborate on and make available your User Submissions. Accordingly, you shall be solely responsible for each of your User Submissions and the consequences of uploading them. By uploading your User Submissions, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize FlipBuilder and FlipBuilder’s Users to use and distribute your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by FlipBuilder and these Terms; (2) your User Submissions do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (ii) your User Submissions do not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Services. Violators of these third-party rights may be subject to criminal and civil liability. We reserve all rights and remedies against any Users who violate these Terms.
4.4 Removal of User Submissions
Although FlipBuilder has no obligation to remove, screen, edit, or monitor any Published Content, FlipBuilder reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Submission at any time and for any reason without notice. In addition, although FlipBuilder has no obligation to remove, screen, edit, or monitor any Pre-Publication Assets, FlipBuilder reserves the right, and has absolute discretion, to remove, screen, edit, or disable any Pre-Publication Asset at any time and for any reason.
4.5 No Endorsement
Further, you understand that when using the Service you will be exposed to Published Content from a variety of sources, and that FlipBuilder is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such Published Content. You further understand and acknowledge that you may be exposed to Published Content that is 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 FlipBuilder with respect thereto. FlipBuilder does not endorse any User Submissions or any opinion, recommendation or advice expressed in any User Submission, and FlipBuilder expressly disclaims any and all liability in connection with User Submissions. If notified by a User or a content owner of a User Submission that allegedly does not conform to these Terms, FlipBuilder may investigate the allegation and determine in its sole discretion whether to remove the User Submission, which it reserves the right to in accordance with these Terms. For clarity, FlipBuilder does not permit copyright infringing activities on the Services.
4.6 Referral Partners
As part of the Services, we may allow you to enable certain third parties such as printing houses that have contracted with FlipBuilder (each, a “Referral Partner”) to upload User Submissions on your behalf. If a Referral Partner refers you to FlipBuilder, and you wish to allow such Referral Partner to upload your User Submissions, in addition to agreeing to these Terms you will be required to opt-in and agree to additional terms (via a separate sign-in process) to allow FlipBuilder to provide to such Referral Partner certain information which may include but not be limited to your API upload key, your Customer ID and other relevant information. Without limiting any other provision in these Terms, you understand and agree that FlipBuilder shall have no responsibility for the content or quality of any User Submission provided by a Referral Partner. You must provide FlipBuilder at least thirty (30) days` prior written notice if you wish to remove a Referral Partner from your account.
4.7 Prohibited Content
- User, including Paid service User, who upload, post, or transmit prohibited content, result in service termination without prior notice. You agree not to upload, post, or transmit any following content :
Adult Content – You are prohibited from storing or posting adult content, or links to adult content, through the Services. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
- Offensive Content – Intolerant, defamatory, stalks, abuse, harassment, invitations to fight, threatening, or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.
- INTELLECTUAL PROPERTY PROVISIONS – You are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent, or copyright infringements).
- Violence Content – You are prohibited from uploading, posting, or otherwise transmitting any material that constitutes a direct threat of violence against any person or group of people;
- Hatred Content – You are prohibited from uploading, posting, or otherwise transmitting any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity;
- Spam Content – You are prohibited from uploading, posting, or otherwise transmitting any material that is marked as “User-generated spam” by Google.
- Misleading & None-Good-Faith Content – You are prohibited from uploading, posting, or otherwise transmitting any material that conducts any misleading and none-good-faith behavior that we decide, in our sole discretion, as being improper.
- Unauthorized Personal Identical Info. You’re prohibited to upload any unauthorized Personally Identifiable Information (PII), including, but not limited to unauthorized personal images, contacts, address, emails, phone numbers, and social media accounts.
5. Prohibited Conduct
You agree not to commit any act of the following prohibited conduct:
- use the Service for any purpose other than to disseminate or receive original or appropriately licensed content and to access the Service as such services are offered by FlipBuilder;
- delete the copyright or other proprietary rights markings on the Services or other Users’ User Submissions;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- use the Service in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions, or National Security, or other content;
- defame, harass, abuse, threaten or defraud Users of the Services, or post, upload, or distribute any content that is unlawful or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on Services for any commercial use, it being understood that the content available on the Services is for personal, non-commercial use only;
- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms or any Materials (as defined below);
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
- hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services or User Submissions, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services or User Submissions, or intentionally interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or applicable law notwithstanding this limitation; or
- remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), FlipBuilder brand elements, including logos, trademarks, service marks or other Materials displayed by FlipBuilder in connection with the Services in any manner whatsoever, regardless of your use of the embedding functionality of the Services to display authorized content on your or other third party sites.
- harm minors in any way;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
- violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
- violate any Hong Kong law regarding national security;
- interfere with another User’s use and enjoyment of the Service.
6. Privacy; Consent to Electronic Communication
When registering for a FlipBuilder Service account, you are automatically opted-in to receive emails from us, which may include software update newsletters, announcements, and promotion emails about our software and other promotion deals from third parties. You may opt-out of emails at any time by following the instructions contained within the email, or by changing the “Notification” settings from the “Settings” menu in your Services account. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
6.3 Discussion Group
The Service may invite you to chat or participate in online forums, message boards or blogs and other functionality. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Contributed Content to the Company and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “User Content”). Any material you transmit to the Company or otherwise through the Service will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions (“Ideas”) disclosed, submitted, or offered to the Company in connection with the use of the Service or otherwise and any chat, blog, message board, online forum, text, email or other communication with the Company (“User Emails”) shall be the exclusive property of the Company. You agree that unless otherwise prohibited by law, the Company may use, sell, exploit and disclose the Ideas and/or the User Emails in any manner, without restriction and without compensation to you. For example, we may use User Content in a number of different ways, including displaying it on the Internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
We do not control the communications, information, or files delivered to discussion groups on FlipBuilder and on other platforms. You understand and agree that we have no obligation to monitor the Site or the use of its Service. We may monitor or review some areas on the Site where you transmit or post materials as may be required for maintenance and upkeep. By transmitting any public communication to our Site, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, re-use, reproduce, distribute, translate, publish, publicly display, publicly perform, modify, adapt, amend, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such communications, in all media now known or later developed. You warrant that you have the right to grant these rights to us. You also acknowledge and agree that any communication made to or by means of any forum on the Site is public. You acknowledge and agree that you have no expectation of privacy in any public communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and us by your act of transmitting a public communication to FlipBuilder. Furthermore, the Company is in no way responsible for the accuracy, integrity, completeness, quality, legality, usefulness, safety, and IP rights of any forum posts, commentary, ratings or compliments made by one user about other users or groups of users, and has no responsibility to offer other users an equivalent opportunity to respond.
WE DISCLAIM ANY LIABILITY RELATED TO THE CONTENT OF ANY SUCH MATERIALS, WHETHER OR NOT ARISING UNDER THE LAWS OF COPYRIGHT, LIBEL, PRIVACY, OBSCENITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT IT IS OUR POLICY TO COOPERATE WITH LAW ENFORCEMENT AGENCIES INVESTIGATING ILLEGAL OR IMPROPER ACTIVITIES RELATING TO THE SITES OR THIS SERVICE AND THAT WE RESERVE THE RIGHT AT ALL TIMES TO EDIT, REFUSE TO POST, OR TO REMOVE ANY MATERIALS, IN WHOLE OR IN PART, THAT IN OUR SOLE DISCRETION, ARE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS.
7. Disclaimer of Warranties
FlipBuilder disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from FlipBuilder or through the FlipBuilder Service will create any warranty not expressly stated herein. You expressly acknowledge that this disclaimer includes FlipBuilder’s officers, directors, employees, shareholders, agents, licensors and subcontractors. You expressly agree that the use of the Service is at your sole risk.
The Services and any data, information, user submissions, linked sites, products, services, or applications made available in conjunction with or through the Service are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied. FlipBuilder, its licensors, affiliates, and partners do not warrant that the data, user submissions, or any other products, services or applications offered on or through the Service or any linked sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. FlipBuilder, its licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the Service or any linked sites in terms of correctness, accuracy, reliability, or otherwise.
You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Service or any linked sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
The branded flipbook examples showcased in home page, case study pages or other places of this website are made by FlipBuilder software, and these examples don’t represent the opinions of these brands. All trademarks, brand names, or logos mentioned or used in this website are the property of their respective owners.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, at our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
9. Refund Policy
For software licenses order, we offer a 30 or 60 days refund policy based on different e-commerce solution providers, which represent us to collect the payment and fulfill the order.
For Hosting services, we always offer a free trial of the hosting Services which can be used to test the functionality and assess the value of our product. This is why we do not generally offer refunds for hosting services. Any fees charged to your Hosting account are non-refundable except as expressly stated in these Terms. If you or we cancel your subscription, you are not entitled to a refund of any subscription fees that were already charged for a subscription period that has already begun. You agree to submit any dispute regarding any charge to your account in writing to us within thirty (30) days of the charge, otherwise that dispute will be waived and the charge will be final and not subject to challenge. Refunds (if any) made pursuant to a dispute, are at the discretion of the Company.
You may not post, modify, distribute, or reproduce in any way any copyrighted materials, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers.
If you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please follow our DMCA policy.
You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.
If you are using the Services on behalf of a company, business or other entity, or if you are using the Service for commercial purposes, you and the entity will hold harmless and indemnify the Company from any suit, claim or action arising from or related to the use of the Service or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.
12. Limitation of Liability
Under no circumstances are we liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the sites or the Service, whether the damages arise from use or misuse of the site or the service, from inability to use the sites or the service, or the interruption, suspension, modification, alteration, or termination of the sites or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with our site or the service or any links on the site, as well as by reason of any information or advice received through or advertised in connection with the sites or the service or any links on the sites. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitations may not apply to you.
13. Special Terms Regarding Apple
If you download Software from Apple, Inc.’s App Store, you acknowledge and agree that: (a) if any third party claims that your possession or use of the Software infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim; (b) Apple has no responsibility for addressing any claims relating to the Software, including: (i) product liability claims; (ii) maintenance and support; (iii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iv) any claim arising under consumer protection or similar legislation; and (c) Apple and its subsidiaries are intended third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
14. Intellectual Property Rights
14.1 Your rights
You retain full ownership to your content (“User Content”). By “User Content” we understand both, the stuff you upload on FlipBuilder (“User Submission”) and the content you generated/published on FlipBuilder (“User Created Art”). FlipBuilder does NOT claim ANY ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (“User Content”) that you post on our Platform. We do, however, need you to grant us certain rights in the “User Content”, so that we can incorporate such “User Content” in our Services. Without such rights, we may be violating copyright and other laws by storing, posting, backing up and allowing the download of User Content on or through FlipBuilder. By displaying or publishing any content on or through the Services, you hereby grant FlipBuilder a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content, including without limitation distributing part or all of the Site in any media formats through any media channels, except content not shared publicly (“private”) which will not be distributed outside the Services.
The materials found on the Site are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the site is copyright. Permission is granted to view and print materials from the Sites for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of FlipBuilder Software Co., Ltd. is strictly prohibited.
14.3 FlipBuilder’s Rights
All materials contained on the Services are copyrighted by Wonder Idea Technology Ltd. and protected to the maximum extent permitted by copyright laws and international treaties. No person is authorized to use, copy, or distribute any portion of FlipBuilder including related graphics.
FlipBuilder.com is a trademark/service mark that identifies FlipBuilder and the services provided by it. Such marks may not be used under any circumstances without the prior written authorization of Wonder Idea Technology Ltd.
You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods or virtual currency. Further, you agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of the Company.
15. Termination; Violations
Except as expressly provided otherwise in these Terms, you agree that FlipBuilder, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the Service and remove and discard all or any part of your account, User profile, and any User Submission, for any reason at any time. We may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice except as expressly provided otherwise in these Terms, and you agree that FlipBuilder will not be liable to you or any third party for any such termination, including any loss of your User Submissions. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies FlipBuilder may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with: (i) the Services; (ii) any term of these Terms; (iii) any policy or practice of FlipBuilder in operating the Services; or (iv) any content or information transmitted through the Services, is to terminate these Terms and your account.
You may cancel a Paid Service at any time by navigating to your account settings within the Services and selecting the option to cancel that Paid Service. Unused fees are non-refundable and FlipBuilder reserves the right to charge you subscription fees through the end of the subscription term that you elected. If we charge you fees for the full subscription term, you will continue to have access to the canceled Paid Service through the end of your subscription term, and these Terms will continue to apply to your use of that Paid Service.
You may terminate your Service account and these Terms at any time by navigating to your account settings within the Services and selecting the option to terminate your account. If FlipBuilder terminates your account for your breach of these Terms, we reserve the right to charge you fees through the end of your subscription term for any Paid Service you purchased prior to termination. If we terminate your use of any part or all of the Services prior to the completion of your subscription period (except if such termination is a result of your breach of these Terms, in which case we may terminate without liability as described in the paragraph above), your sole remedy is a pro-rata refund of the purchase price paid for any terminated Paid Service.
You are solely responsible for your conduct, the content of your files and folders. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that the Company has no obligation to monitor any information on the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Service.
Files and other content in the Service may be protected by the intellectual property rights of others. Please do not copy, upload or download files unless you have the right to do so. You, not FlipBuilder, will be fully responsible and liable for what you copy, upload, download or otherwise use while using the Service. You must not upload spyware or any other malicious software to the Service.
You, and not FlipBuilder, are responsible for maintaining and protecting all of your stuff. FlipBuilder will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing-up or restoring any of your stuff.
16.1 Content Indexed by Search Engines
All the book content you upload will be indexed by search engines by default. If your content is diable or deleted, search engines may still include it as a search result. You agree that the Company can not control how search engines display its own search results.
All content provided within or via this Service is protected by the US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.
17. Digital Sales
17.1 SELLER TERMS
The Company allows publishers to sell publications through our platform through the Digital Sales service.
Publishers who use our Platform to sell their content agree to be bound by all policies included in these terms of service. If the Publisher is an organization, the individual person who accepts these terms of service for the entity represents and warrants that he or she is entitled to enter this agreement as an authorized representative of the Publisher and thus he or she binds the publisher to the terms of this agreement.
The Digital Sales program might change over time and the terms of service will change accordingly. We reserve the right to change the terms of service at any time and give you notice of the changes by publishing new terms with a revision date or by sending an email to the email address then registered for your publisher account.
You must have an active, confirmed FlipBuilder account in order to start selling through our service. You must also be at least 13 years old or the age of majority in your jurisdiction, and able to form a legally binding contract.
You must ensure that all the information you provide for the digital sales program such as your name, email is accurate. You must also keep these details updated for as long as you use the digital sales service. You are not allowed to impersonate any other person or entity or use a username that you are not authorized to use.
17.1.1 Content requirements
You are responsible for providing, at your own expense, each publication that you desire to sell through our service. The contents of your publications must comply with all policies listed in this terms of service agreement, including those listed in the User Submission, Site Security and Conduct section. By publishing content on our Platform you affirm, represent and warrant that you have all the rights, licenses or permissions to publish and sell through the Platform. We are entitled to determine what content we accept for the digital sales program at our sole discretion. You must agree to offer at least 2 pages (front cover and back cover) as free preview, available on the Platform for any website visitor.
You may withdraw your publications from the selling program by deleting them at any time. However, this will not affect any of the orders that have already been completed through our service. The withdrawal of your publication from the selling program will not consequently result in the removal of sold issues from your customers’ accounts. The withdrawal will apply prospectively only.
In case of unintentional errors or formatting issues, you may edit and re-upload digital publications for selling. Any change that you make will be applied immediately and without notice to all the publications that have been purchased prior to the date of editing. If you do not wish buyers to receive an update you may upload the update as a separate file for selling.
17.1.4 Seller protection/DRM
We protect all digital publications sold through our Platform from being passed around, copied, duplicated or viewed by people who didn’t pay for them. Every buyer must sign up for a Services account before they can purchase an issue, and they can only purchase viewing permission.
17.1.5 Selling prices
You have sole and complete discretion to set the retail customer price at which your digital publications are sold through FlipBuilder’s Digital Sales program. You have the right to change the price of your publications at any time. You agree that we shall have no responsibility for billing your customers. We shall have no liability to you or your buyers for billing errors or failure to bill for any publications sold through our platform.
17.1.6 Fees and taxes
Sales made through FlipBuilder’s digital sales program will incur a payment processing fee applied by the third-party billing provider. If the customer is located in a jurisdiction for which sales tax, value-added tax or other tax is required to be applied on such purchase according to the law, you are responsible for adding the appropriate amount of tax to the price that you set for the paid purchase. You are also responsible for all other taxes, including taxes on your net income.
You must set the price using US dollars. However, buyers can pay using other currencies accepted by our payments processor Stripe. The exact price the buyer will pay is calculated at the exchange rate Stripe uses at that particular time.
17.1.8 Billing and payments
We use a 3rd party payment processor and billing provider (“Payment Processor”) to handle the payment flow. For this purpose, you will be required to also create a Payment Processor account and connect it to the FlipBuilder Payment processor account, in order to send and receive money. You must authorize the Company to charge customers fees for the digital goods they purchase from you, on your behalf. The billing information of your customer will be stored on your Stripe account and on ours as well. However, no confidential card information will be made available to FlipBuilder or to you.
Each buying transaction happens in 2 steps:
(1) The buyer makes a purchase on our Platform through our account on the payment processor
(2) Payment Processor processes the order and sends appropriate amounts to your Payment Processor seller account, after deducting its own fee for the transaction.
You are responsible for handling all the refunds, exchanges and similar requests initiated by your customers. You shall determine the appropriate resolution for each request. You shall not receive any proceeds for orders for which refunds are issued.
17.1.10 Magazine subscriptions.
It is your responsibility as a magazine seller to provide all the pre-paid issues from a pre-paid subscription, in a timely manner, as described in your subscription offer.
17.2 THIRD PARTY PAYMENT PROCESSOR AGREEMENT
Payment processing services for sellers on our Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a seller on FlipBuilder, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of FlipBuilder enabling payment processing services through Stripe, you agree to provide us accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe.
We may also use Paypal and other Payment Processors for the Digital Sale program. You agree to be bound by the services agreement of the Payment processors. You authorize us to share it and transaction information related to your use of the payment processing services provided by these Payment Processors.
17.3 CUSTOMER TERMS
If you are a customer of the Digital Sales program (i.e., a reader who purchases access to a third-party publisher’s publication via FlipBuilder), you agree
(a) to comply with the publisher’s terms regarding access to and use of such publication;
(b) to not make any claim against FlipBuilder or hold FlipBuilder liable in any way for your access and use of, or inability to access and use, such publication.
You are responsible for addressing all of your complaints, refund requests and other similar requests to your seller. The only complaints we will take into consideration are potential fraudulent transactions or copyright infringement. All else must be resolved between you and the seller. We will not entertain matters where you (the buyer) are just disappointed with your purchase.