Terms and Conditions.
By accessing Flipp Design ("the Site") a trading style of Goldmine Digital the Operator and Copyright Holder or by otherwise accessing any content, software, products or services available through the Site ("the Content"), you are deemed to have entered into an agreement with Flipp Design ("Flipp") and to have agreed to be bound by the Terms set out below.
1. Intellectual Property Protection
The term “Intellectual Property Rights” means, copyrights, database rights, trade marks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.
All Intellectual Property Rights in the Content and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with our online products are the property of Flipp Design. You may not use or reproduce any Flipp Design Intellectual Property, including any trademarks, registered or unregistered for any reason without written permission from Flipp Design.
The software, which operates the Site, is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
2. Use of Flipp Content
You may retrieve and display Flipp Design content on a computer screen or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form for your personal, non-commercial use. If you do download material from the Site all copyright and other notices must be kept intact.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content of the Site. In particular, you may not do any of the following without prior written permission. No parts of any Flipp Design publication or Site may be reproduced, stored in or introduced into any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the copyright owners. You may not reverse engineer, modify, decompile, disassemble or translate the Content (whether for the purpose of error correction or otherwise). You may not display the Content on a public bulletin board, ftp site, website, and chat room or by any other unauthorised means. Written materials provided in printed or electronic form may not be modified, adapted, translated, or used to create derivative works without the prior written consent of Flipp Design.
Any use of Flipp Design Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to our Production Department.
3. Licence Fee and Payment
Access to certain Flipp Design Content may be subject to a fee or subscription. All payments (including applicable taxes) must be made in advance in a currency specified by Flipp Design.
4. Terms and Termination
Flipp Design may, at its discretion, terminate or suspend individual or group access to all or part of the Site (including any right to access and use Flipp Design Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Flipp Design provided in these Terms or by law.
5. Changes to the Site
Flipp Design reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Flipp Design Content available on the Site at any time and to restrict the use and accessibility of the Site.
6. Privacy Policy
Flipp Design maintains a high level of privacy and security for your details. View our online Privacy Policy in full.
7. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Site, Flipp Design makes no warranty, express or implied concerning the Content of the Site, which is provided “as is”. Flipp Design expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of satisfactory quality. In no event will Flipp Design, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Content, even if Flipp Design has been advised of the possibility that such damages may arise. Flipp Design does not guarantee the accuracy or timeliness of the Content appearing on the Site, or that the Site or related systems are free from viruses or other contaminating or destructive properties. In the event that Flipp Design incurs any liability whatsoever, the aggregate liability shall not exceed the amount that you originally paid for the service. Except in respect of fraudulent misrepresentation, this Agreement together with any order form and payment method instructions set forth the entire agreement and understanding of the parties relating to the subject matter herein. Any prior written or verbal agreements are superseded by this Agreement.
8. Force Majeure
Flipp Design, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Flipp Design Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
9. Links to Third Party Websites
The Site may contain links and pointers to Internet sites maintained by third-parties. Flipp Design does not operate or control in any respect any information, products or services on such third-party sites. Links are provided solely for your convenience, and do not constitute any endorsement by Flipp Design and/or its suppliers. You assume sole responsibility for use of third-party links and pointers.
10. Miscellaneous
Changes to these Terms.
Flipp Design may, at its discretion, change these Terms (including those relating to your use of the Site and/or the Flipp Design Content). When the Terms are changed, Flipp Design will notify you by e-mail or by publishing details of those changes by including them in these Terms.
Rights of Reply.
If at any time you, or your organisation, have a complaint or comment to make about the Content featured within the Site you, or they should contact Flipp Design Phone: 0845 686 0055.
Advertising and Third Party Content.
Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Flipp Design is not responsible for any third-party content or error, omission or inaccuracy in any advertising material.
Invalid Provision.
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, Flipp Design shall amend the invalid provision in such reasonable manner as achieves the intention of the parties without illegality, or at Flipp Design’s discretion such provision may be severed from this agreement and the remaining provisions shall nevertheless remain in full force and effect. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in England and Wales.