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Terms of Use

Please read these terms of use carefully before using the site or services.
By signing up and using Flickflop, you agree to abide by the following terms of use and conditions of service.
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 intended solely for the use by its users/members and may only be used in accordance with the terms of these Terms of Use. All materials displayed and used on flickflop.com including, but not limited to, text, graphics, news articles, photographs, images, illustrations, audio clips, and video clips are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any contents accessed through the site and its services.

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.
DVDs.
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.
PRIVACY.
Usage of flickflop.com and its services and any information submitted therein is subject to our Privacy Policy, the terms of which are incorporated herein. Members are advised to review our Privacy Policy.
LINKS.
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.
INDEMNITY.
User will indemnify and hold Flickflop, its parents, subsidiaries, affiliates, officers, and employees harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of these Terms of Use by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.
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.

Without limiting other remedies, Flickflop may limit your activity, warn its community of your actions, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account and refuse to provide Site or Services to you if: (a) you breach these Terms of Use or the documents it incorporates by reference; (b) Flickflop is unable to verify or authenticate any information you provide to Flickflop; or (c) Flickflop believes that your actions may cause financial loss or legal liability for you, Users, or Flickflop.
ABUSING Flickflop
Without limiting other remedies, Flickflop may limit, suspend, or terminate our Services and User accounts, prohibit access to the Site, remove hosted content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these Terms of Use.
MISCELLANEOUS.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Flickflop shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Flickflop's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference). If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable, or sub licensable by User except with Flickflop's prior written consent. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Both parties agree that these Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms of Use and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and User does not have any authority of any kind to bind Flickflop in any respect whatsoever. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
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:

  • FLICKFLOP TRADES

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.