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Member account, password and security
Flickflop requires you to open an account, you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for any and all activities that occur under your account and certify that you are 18 years of age or over. All those individuals under 18 years of age will need a full release form from their parents before signing up and use of the service.
Member password and security
Flickflop requires you to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account information. You agree to notify Flickflop immediately of any unauthorized use of your account or any other breach of security. The site will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Flickflop or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Flickflop site content
Flickflop.com and its contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. and Canadian copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit any of the site's contents, materials and/or services.
Personal and non-commercial use limitation
Unless otherwise specified, Flickflop and your account is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from any DVD trades obtained from Flickflop.
Use of the site and its services
By using Flickflop, you agree to abide by the following use of services:
You cannot use flickflop.com in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
You cannot use the Site or Services for any commercial purposes or for the benefit of any third party.
You cannot defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
You cannot publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
You cannot use the site or its services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from Flickflop.
You cannot trade DVDs that contain viruses, Trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of another's computer, dvd player or property of another.
You cannot restrict or inhibit any other user from using and enjoying flickflop.com.
You cannot harvest or otherwise collect information about others, including e-mail addresses.
You cannot violate any applicable laws or regulations.
You cannot illegally copy DVDs. Member's access to the site and services will be immediately terminated in the event the user uses flickflop.com for illegal purposes or makes unlawful copies of DVDs and/or unlawfully distributes DVDs. As a member and with each DVD trades, you acknowledge and agree that you have the valid title and ownership rights to any DVDs that you make available as a DVD trade.
Flickflop reserves the right at all times to disclose any information as flickflop.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Flickflop's sole discretion.
Flickflop does not claim ownership of the materials you provide to flickflop.com (including feedback and suggestions) or post, upload, input or submit for review by the general. However, by posting, uploading, inputting, providing or submitting your submission, you are granting Flickflop to use your submission in connection with the operation of the site.
All DVDs traded must meet the minimum requirements:
The DVD is legally owned by the trader
The DVD must be the original DVD, not a duplicate, counterfeit or bootlegged copy
The DVD must play perfectly with no skipping or jumping
DVD must have Region 1 encoding
In order to be fair to all members and to maintain the quality of our DVD titles, we are limiting the trades of the same movie to 5 per user. If for example you have 7 copies of Rambo, you can only trade that title 5 times and any other trades involving the same DVD title will be voided by flickflop.
Failure to meet any of the minimum DVD requirements will result into the trade being voided by Flickflop and the DVD traded will be sent back to the member and their membership revoked.
Flickflop or any of it's services may contain links to or references to third-party websites. Flickflop is not responsible for these websites and has not reviewed such websites.
MEMBERSHIP, BILLING, PAYMENT.
Details of your membership are available on the user account page of the site, www.flickflop.com. On occasion, Flickflop may offer a free trial, promotions, or other incentives. These offers are only available while they last and are subject a maximum of one per household. Billing at Flickflop is on a per trade basis. The fees for the Site and Services can be changed without further notice to you but will always be prominently displayed to the user or prior to finalizing your DVD trade.
LIMITATION OF LIABILITY.
In no event shall Flickflop be liable to a user with respect to the site or the services (i) for any amount in the aggregate in excess of the fees paid by user during the twelve (12) months immediately preceding the claim or twenty-five dollars ($25), whichever is less; or (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever.
If you have a dispute with one or more users, you release Flickflop (and Flickflop's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code - 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
FEES AND PAYMENT.
Some of the Services require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. User authorizes Flickflop to automatically charge User for any and all fees incurred by User. Flickflop reserves the right to change its price list and to institute new charges at any time. Use of the Services by User following such changes constitutes User's acceptance of any new or increased charges. Billing at Flickflop is on a per trade basis.
FRAUD, ACCOUNT SUSPENSION OR TERMINATION, PROTECTION PROGRAM, ETC.
User agrees not to commit fraud using the Site or Services. Examples of fraud include, but are not limited to, committing to send a DVD but not actually sending it, claiming a DVD was never received when in fact it was, claiming a DVD is lost, broken, incorrect, scratched, or otherwise problematic when it is not, etc.
Flickflop reserves the right, in its sole and complete discretion, to suspend or terminate a User's account or a User's access to the Site or Services at any time with or without cause for any reason or no reason. Upon termination of the User's account, User's right to use the Services, access the Site, and any Content will immediately cease. Any fees paid by a User are non-refundable.
In addition, in the event a User claims more than three (3) instances of a lost, broken, incorrect, scratched, or otherwise problematic DVD per one hundred (100) DVD trades by that User, Flickflop may, at its sole and complete discretion, determine that the User is not eligible for any more flickflop DVD trades, and Flickflop may elect not to apply any credit to the individual's account for such lost, broken, incorrect, scratched, or otherwise problematic DVDs. In addition to suspending or terminating a User's account or access to the Site or Services, Flickflop may pursue any remedies available at law.
DESCRIPTION OF SERVICES
Flickflop reserves the right to change the nature, scope and type of services at any time and from time to time in its sole discretion. Notwithstanding the foregoing, following is an overview of some of the services and currently developed:
Each DVD trades is called a flickflop trade. A member logs on to the service, input the DVD movie he/she will be trading and flickflop will present other used DVD movies that the member can trade for. This is based on the current market value of the DVD being traded, the member's movie genre preference and the member's trading history. Billing is on a per trade basis.
As a member and with each DVD trades, you acknowledge and agree that you have the valid title and ownership rights to any ORIGINAL DVDs that you make available as a DVD trade.
USER FEEDBACK AND DVD REVIEWS SYSTEMS
The Site allows Users to post feedback on other Users from whom they have requested discs. Also, the Site allows Users to write reviews on any discs within the system.
PROFILE AND SETTINGS
Users are encouraged to keep a personal profile with personal information about themselves, including movie interests, favorites, etc. Users can update their profile at any time.
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