Last updated: November 1, 2007

Welcome! By using Funflip’s search engine or other FunFlip services (the “Service”), you agree to be bound by the following Terms of Service (“TOS”). The TOS may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.funflip.com/tos.html. FunFlip may also offer other services that are governed by additional Terms of Service.

General Terms of Service and Restrictions on Use of Materials

In order to permit FunFlip to protect the quality of its products and services, you hereby consent to FunFlip employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. FunFlip shall not disclose the existence or occurrence of such an investigation unless required by law.

Your Registration Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You certify that you are an individual, that you are 13 of age or older, and that you are a resident of the United States, United Kingdom or Canada (except residents of Quebec).

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FunFlip has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FunFlip has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Personal Use Only

The Service is made available for your personal, non-commercial use only. You may not use the Service to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a FunFlip search and reformat and display them, or mirror the FunFlip home page or results pages on your Web site. You may not send automated queries of any sort to FunFlip’s system without express written permission in advance from FunFlip. Note that “sending automated queries” includes, among other things, using any software which sends queries to FunFlip, performing the same search several times in a row, “meta-searching” and performing “offline” searches on FunFlip. If you want to make commercial use of the Service, you must enter into an agreement with FunFlip to do so in advance.

FunFlip Member Code of Conduct

FunFlip provides tools to encourage you to invite people to use FunFlip. We encourage you to invite people you know via email, to invite people that visit your website and/or weblog, or to invite people via other user-friendly and legal practices. We do not encourage you to send email to people you do not know (i.e. SPAM) or to post your FunFlip link in Internet communities where it may be considered a “SPAM” posting by members of that community. You may not refer yourself under different email aliases in order to increase your chances of winning prizes on FunFlip. We reserve the right to disqualify and remove any FunFlip registrants for engaging in fraud or any action or practice that reflects poorly on FunFlip or otherwise disparages or devaluates FunFlip’s reputation or goodwill.

Disclaimer

FunFlip will use its best efforts to maintain the Service, but FunFlip is not responsible for any defects or failures associated with the Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, FunFlip makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the Service may locate unintended and objectionable content.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

The Service is provided ‘as is’ and you use it at your sole risk. FunFlip expressly disclaims to the fullest extent of the law all express, implied, and statutory warranties of any kind, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. FunFlip disclaims any warranties regarding the security, reliability, timeliness, and performance of the services. FunFlip and its licensors, disclaim any warranties for any information or advice obtained through the services.

FunFlip and its licensors disclaim any warranties for services or goods received through or advertised on the Service or received through any links provided by the Service, as well as for any information or advice received through any links provided in the information. Prizes won from FunFlip are also provided ‘as is’ and you use it at your sole risk. FunFlip expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limitation, FunFlip makes no warranty that the Service will meet your requirements, that it will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the Service will be accurate or reliable, or that the quality of any products, services, information, or other material obtained through the Service will meet your expectations. FunFlip disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.

Further, please note that no advice or information obtained by you from FunFlip personnel or through the FunFlip Service shall create any warranty not expressly provided for in these terms of service.

Limitation of Liability

You expressly understand and agree that FunFlip shall not be liable for any direct, indirect, incidental, special consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if FunFlip has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the FunFlip service and/or participate in the FunFlip sweepstakes; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the FunFlip service or operation of the FunFlip sweepstakes. In no event shall FunFlip’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Indemnification

You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend and hold harmless FunFlip, their parents, affiliates and subsidiary companies, officers, directors, employees, consultants, licensors, and agents from any and all third party claims, liability damages and/or costs (including, but not limited to, attorney fees) arising from your use of our services, your violation of the terms of service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify FunFlip of any unauthorized use of your account or any other breach of security known to you.

Termination and modification

You agree that FunFlip, in its sole discretion, may terminate your password, account (or any part thereof) or use of the FunFlip Service, and remove and discard any Content within the FunFlip Service, for any reason, including, without limitation, for lack of use or if FunFlip believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. FunFlip may also in its sole discretion and at any time discontinue providing the FunFlip Service, or any part thereof, with or without notice. Subject to any rights you may have under the Sweepstakes Rules, you agree that any termination of your access to the FunFlip Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that FunFlip may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the FunFlip Service. Further, you agree that FunFlip shall not be liable to you or any third-party for any termination of your access to the FunFlip Service.

Governing Laws in Case of Dispute

These Terms or Service will be governed by and construed in accordance with the laws of the State of California as contracts entered into in that state, without giving effect to its conflict of laws provisions or your actual state or country of residence. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Santa Clara County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the reminder of the Terms of Service will continue in full force and effect.

We recognize the global nature of the Internet. You agree to comply with any and all local laws or rules regarding your conduct online including the downloading of documents that may be prohibited under laws that apply to your country of residence.

Integration

These Terms of Service constitute the entire agreement between you and FunFlip, its parents, affiliates, and subsidiaries with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by FunFlip. The Terms or Service will inure to the benefit of FunFlip’s successors, assigns and licensees.

Copyright and Copyright Notices

FunFlip respects the intellectual property of others, and we ask our users to do the same. FunFlip may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please read our DMCA policy.

Privacy Policy

Click here to review FunFlip’s Privacy Policy.