Terms of Use

 

1st Edition : Last modified on March 2, 2015


  1. Introduction
  2. Privacy
  3. Electronic Communications
  4. Copyright
  5. Trademarks
  6. License and Access
  7. Your Account
  8. Reviews, Comments, Communications, and Other Content
  9. Copyright Complaints
  10. Returns, Refunds and Title
  11. Contacting Botflip
  12. Deleting your Botflip Account
  13. Product Descriptions
  14. Pricing
  15. Other Businesses
  16. Disclaimer of Warranties and Limitation of Liability
  17. Disputes
  18. Applicable Law
  19. Modification and Severability
  20. Additional Botflip Software Terms



Introduction

Welcome to Botflip!

Botflip and/or its affiliates ("Botflip") provide website features and other products and services to you when you visit or shop at Botflip, use Botflip products or services, use Botflip applications for mobile, or use software provided by Botflip in connection with any of the foregoing (collectively, "Botflip Services"). Botflip provides the Botflip Services subject to the following conditions.

By using Botflip Services, you agree to these conditions. Please read them carefully

We offer a range of Botflip Services, and sometimes additional terms may apply. When you use a Botflip Service you also will be subject to the guidelines, terms and agreements applicable to that Botflip Service ("Service Terms"). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.



Privacy

Please review our Privacy Notice, which also governs your use of Botflip Services, to understand our practices.



Electronic Communications

When you use any Botflip Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Botflip Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.



Copyright

All content included in or made available through any Botflip Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Botflip or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Botflip Service is the exclusive property of Botflip and protected by U.S. and international copyright laws.



Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Botflip Service are trademarks or trade dress of Botflip in the U.S. and other countries. Botflip's trademarks and trade dress may not be used in connection with any product or service that is not Botflip's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Botflip. All other trademarks not owned by Botflip that appear in any Botflip Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Botflip.



License and Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Botflip or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Botflip Services. This license does not include any resale or commercial use of any Botflip Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Botflip Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Botflip or its licensors, suppliers, publishers, rightsholders, or other content providers. No Botflip Service, nor any part of any Botflip Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Botflip. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Botflip without express written consent. You may not use any meta tags or any other "hidden text" utilizing Botflip's name or trademarks without the express written consent of Botflip. You may not misuse the Botflip Services. You may use the Botflip Services only as permitted by law. The licenses granted by Botflip terminate if you do not comply with these Terms of Use or any Service Terms.



Your Account

If you use any Botflip Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Botflip Services only with involvement of a parent or guardian. Alcohol listings on Botflip are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Botflip reserves the right to refuse service, terminate accounts, and remove or edit content at its sole discretion.



Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Botflip reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Botflip a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Botflip and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Botflip for all claims resulting from content you supply. Botflip has the right but not the obligation to monitor and edit or remove any activity or content. Botflip takes no responsibility and assumes no liability for any content posted by you or any third party.



Copyright Complaints

Botflip respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please do not hesitate to contact us right away.



Returns, Refunds and Title

Botflip will refund total value of items purchased through the domain (less shipping and handling) if the return is initiated within 5 days of delivery. If items are returned in original condition past the return window (5 days after delivery), Botflip will refund 80% of the item's price due to restocking costs. For items that are damaged, missing parts, not in the original condition, or have obvious signs of use for reasons not due to a Botflip error, Botflip reserves the right to refund up to 50% of the item's price (depending upon condition).

Botflip requires that you attach your order number (visible during checkout and in your Order History) to all your returns.



Contacting Botflip

Please reach out to us at:

Botflip
182 Howard Street, Ste 109
San Francisco, CA - 94105
United States of America



Deleting your Botflip Account

Your Botflip can be deleted any time within the Account Settings pane. Once an account is deleted, recovery is not guaranteed.



Product Descriptions

Botflip attempts to be as accurate as possible. However, Botflip does not warrant that product descriptions or other content of any Botflip Service is accurate, complete, reliable, current, or error-free.



Pricing

Except where noted otherwise, the List Price or Suggested Price displayed for products on any Botflip Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchant partners, the List Price or Suggested Price may be provided by the merchant partner (such as Amazon.com).

Our merchant partners may follow their own policies in the event of a mispriced item.



Other Businesses

Parties other than Botflip operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Botflip does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other Terms of Use.



Disclaimer of Warranties and Limitation of Liability

THE Botflip SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Botflip SERVICES ARE PROVIDED BY Botflip ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Botflip MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Botflip SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Botflip SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Botflip SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Botflip DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Botflip DOES NOT WARRANT THAT THE Botflip SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Botflip SERVICES, Botflip'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Botflip ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Botflip WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Botflip SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Botflip SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.



Disputes

Any dispute or claim relating in any way to your use of any Botflip Service, or to any products or services sold or distributed by Botflip or through Botflip will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.



Applicable Law

By using any Botflip Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Botflip.



Modification and Severability

We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.



Additional Botflip Software Terms

  1. Use of the Botflip Software. You may use Botflip Software solely for purposes of enabling you to use and enjoy the Botflip Services as provided by Botflip, and as permitted by the Terms of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Botflip Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Botflip Software or otherwise assign any rights to the Botflip Software in whole or in part. You may not use the Botflip Software for any illegal purpose. We may cease providing any Botflip Software and we may terminate your right to use any Botflip Software at any time. Your rights to use the Botflip Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Botflip Software that are specifically identified in related documentation may apply to that Botflip Software (or software incorporated with the Botflip Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any Botflip Service is the property of Botflip or its software suppliers and protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the Botflip Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Botflip Software, whether in whole or in part, or create any derivative works from or of the Botflip Software.
  4. Updates. In order to keep the Botflip Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Botflip Software. If you are a U.S. Government end user, we are licensing the Botflip Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. ยง 2.101), and the rights we grant you to the Botflip Software are the same as the rights we grant to all others under these Terms of Use.